Chapter 13.10
ZONING REGULATIONS Amended Ord. 5443

Sections:

Part I. AUTHORITY AND PURPOSE

13.10.110    Title of chapter.

13.10.120    Purpose.

13.10.130    Scope.

13.10.140    Applicability.

13.10.150    Amendment.

13.10.160    Environmental protection.

13.10.170    General Plan consistency.

Part II. ORDINANCE AND PERMIT ADMINISTRATION

13.10.210    Zoning plan.

13.10.215    Zoning plan amendment.

13.10.220    Use approvals.

13.10.225    Emergency use approval.

13.10.230    Variance approvals.

13.10.235    Minor exceptions.

13.10.240    Previous permits.

13.10.250    Interpretation.

13.10.260    Nonconforming uses and structures—General provisions.

13.10.261    Nonconforming uses.

13.10.262    Nonconforming structures.

13.10.265    Repealed.

13.10.270    Appeals.

13.10.275    Violations of zoning use regulations.

13.10.276    Violations of conditions of development permits authorizing uses and variances.

13.10.277    Violations of development standards.

13.10.278    Violations of density limitations.

13.10.279    Continuing violations.

13.10.280    Enforcement penalties, remedies and procedures for violations.

Part III. DISTRICTS

Article I. Agricultural Districts

13.10.311    Purposes of agricultural districts.

13.10.312    Uses in agricultural districts.

13.10.313    Development standards.

13.10.314    Required special findings for CA and AP uses. Amended Ord. 5443

13.10.315    CA and AP land division criteria.

Article II. Residential Districts

13.10.321    Purposes of residential districts.

13.10.322    Residential uses.

13.10.323    Development standards for residential districts.

13.10.324    Design and operating criteria for congregate senior housing.

13.10.324.1    Public facilities requirements for residential districts.

13.10.325    Large dwelling permit requirements and design guidelines. Amended Ord. 5443

13.10.326    Residential density bonus for affordable housing.

Article III. Commercial Districts

13.10.331    Purposes of commercial districts.

13.10.332    Commercial uses.

13.10.333    Development standards for commercial districts.

13.10.334    Public facilities requirements for commercial districts.

13.10.335    Special standards and conditions for commercial districts.

Article IV. Industrial Districts

13.10.341    Purposes of industrial districts.

13.10.342    Uses in industrial districts.

13.10.343    Development standards for industrial districts.

13.10.344    Public facilities requirements for industrial districts.

13.10.345    Special standards and conditions.

Article V. Parks, Recreation and Open Space PR District

13.10.351    Purposes of the Parks, Recreation and Open Space PR District.

13.10.352    Parks, recreation and open space uses.

13.10.353    Development standards in the Parks, Recreation and Open Space PR District.

13.10.354    Design criteria for the Parks, Recreation and Open Space PR District.

13.10.355    Special standards and conditions.

Article VI. Public and Community Facilities PF District

13.10.361    Purposes of the Public and Community Facilities PF District.

13.10.362    Public and community facilities uses.

13.10.363    Development standards in the Public and Community Facilities PF District.

13.10.364    Design criteria for the Public and Community Facilities PF District.

13.10.365    Special standards and conditions.

Article VII. Timber Production TP District

13.10.371    Purposes of the Timber Production TP District.

13.10.372    Uses in the Timber Production TP District.

13.10.373    Development standards for the Timber Production TP District.

13.10.374    Design criteria for the Timber Production TP District.

13.10.375    Special standards and conditions for the Timber Production TP District.

13.10.376    Public notification requirements.

13.10.378    Timber harvest related helicopter operations.

Article VIII. Special Use SU District

13.10.381    Purposes of the Special Use SU District.

13.10.382    Uses in the Special Use SU District.

13.10.383    Development standards for the Special Use SU District.

13.10.384    Design criteria for the Special Use SU District.

13.10.385    Special standards and conditions for the Special Use SU District.

13.10.390—    

13.10.397    Repealed.

Part IV. COMBINING ZONE DISTRICTS

13.10.400    Combining zone districts.

Article I. D Designated Park Site Combining District

13.10.416    Purposes of the D Designated Park Site Combining Zone District.

13.10.417    Designation of the D Designated Park Site Combining District.

13.10.418    Use and development standards in the D Designated Park Site Combining District.

Article II. GH Geologic Hazards Combining District

13.10.421    Purposes of the Geologic Hazards GH Combining District.

13.10.422    Designation of the Geologic Hazard GH Combining District.

13.10.423    Use and development standards in the Geologic Hazards GH Combining District.

Article II-A. PRH Permanent Room Housing Combining District

13.10.424    Definitions.

13.10.425    Purposes of the Permanent Room Housing PRH Combining District.

13.10.426    Designation of the Permanent Room Housing PRH Combining District.

13.10.427    Use and development standards in the Permanent Room Housing PRH Combining District.

13.10.428    Application processing.

13.10.429    Exceptions.

Article III. H Assisted Housing Combining District

13.10.431    Purposes of the Assisted Housing H Combining District.

13.10.432    Designation of the Assisted Housing H Combining District.

13.10.433    Use and development standards in the Assisted Housing H Combining District.

Article III-A. “SBE” Seascape Beach Estates Combining Zone District

13.10.434    Purpose of the SBE Combining District.

13.10.435    Designation of the SBE Combining District.

13.10.436    Residential development standards in the SBE Combining District.

Article III-B. AIA Airport Combining District

13.10.437    Purpose of the Airport “AIA” Combining District.

13.10.438    Designation of the Airport AIA Combining District.

13.10.439    Use and development standards in the Airport AIA Combining District.

Article IV. I Statement of Intention Combining District

13.10.441    Purposes of the Statement of Intention I Combining District.

13.10.442    Designation of the Statement of Intention I Combining District.

13.10.443    Uses and development standards in the Statement of Intention I Combining District.

Article IV-A. PP Pleasure Point Community Design Combining District

13.10.444    Purposes of the Pleasure Point Community Design PP Combining District.

13.10.445    Designation of the Pleasure Point Community Design PP Combining District.

13.10.446    Residential development standards in the Pleasure Point Community Design PP Combining District.

13.10.447    Exceptions.

13.10.448    Nonconforming structures.

Article V. L Historic Landmark Combining District

13.10.451    Purposes of the Historic Landmark L Combining District.

13.10.452    Designation of the Historic Landmark L Combining District.

13.10.453    Use and development standards in the Historic Landmark L Combining District.

Article VI. MH Mobile Home Park Combining District

13.10.456    Purpose of the Mobile Home Park MH Combining District.

13.10.457    Designation of the Mobile Home Park MH Combining District.

13.10.458    Use and development standards in the Mobile Home Park MH Combining District.

Article VII. O Open Space Easement Combining District

13.10.461    Purposes of the Open Space Easement O Combining District.

13.10.462    Designation of the Open Space Easement O Combining District.

13.10.463    Use and development standards for the Open Space Easement O Combining District.

Article VIII. P Agricultural Preserve and Farmland Security Combining District

13.10.471    Purposes of the Agricultural Preserve and Farmland Security P Combining District.

13.10.472    Designation of the Agricultural Preserve and Farmland Security P Combining District.

13.10.473    Use and development standards in the Agricultural Preserve and Farmland Security P Combining District.

Article VIII-A. Regional Housing Need R Combining District

13.10.475    Purpose of the Regional Housing Need R Combining District.

13.10.476    Density, requirement for planned unit development (PUD), and permit processing standards.

13.10.477    Development standards in the Regional Housing Need R Combining District.

13.10.478    Repealed.

Article IX. SP Salamander Protection Combining District

13.10.481    Purposes of the Salamander Protection SP Combining District.

13.10.482    Designation of the Salamander Protection SP Combining District.

13.10.483    Use and development standards in the Salamander Protection SP Combining District.

13.10.484    Repealed.

Article IX-A. W Watsonville Utility Prohibition Combining District

13.10.491    Purposes of the Watsonville Utility Prohibition W Combining District.

13.10.492    Designation of the Watsonville Utility Prohibition W Combining District.

13.10.493    Use and development standards in the Watsonville Utility Prohibition W Combining District.

Article X. General Site Standards

13.10.510    Application of site standards.

13.10.520    Site frontage.

13.10.521    Site access.

13.10.525    Regulations for fences and retaining walls within required yards.

13.10.530    Repealed.

13.10.550    Off-street parking and loading facility regulations.

13.10.551    Off-street parking facilities required.

13.10.552    Schedule of off-street parking space requirements.

13.10.553    Alternate parking requirements.

13.10.554    Standards of off-street parking facilities.

13.10.555    Location of off-street parking facilities.

13.10.556    Outdoor storage of personal property and materials.

13.10.560    Bicycle parking provisions.

13.10.570    Off-street loading facilities required.

13.10.571    Standards for and location of off-street loading facilities.

13.10.575    Existing uses.

13.10.576    Reduction of off-street parking and loading facilities.

13.10.577    Designation of off-site loading facilities.

13.10.578    Off-street parking and off-street loading.

13.10.580    Signs in R-1, RB, RR, RA, RM, A, AP, and CA Districts.

13.10.581    Signs in C, CT, VA, PA, PF and M Districts.

13.10.582    Signs in the PR District.

13.10.583    Temporary signs in all districts.

13.10.584    Directional signs.

13.10.585    Nonconforming signs.

13.10.586    Historic identification plaques.

13.10.587    Sign exceptions.

13.10.591    Trip reduction requirements for development projects to be occupied by 50 or more employees.

13.10.592    Trip reduction requirements for residential development projects of 25 or more housing units.

Part V. RESERVED

Part VI. REGULATIONS FOR SPECIAL USES

Article I. Accessory, Temporary, and Secondary Structures and Uses

13.10.611    Accessory structures in residential zone districts.

13.10.612    Cargo and shipping containers used as accessory structures.

13.10.613    Home occupations as secondary uses.

13.10.616    Temporary permits, uses, and structures.

Article II. Adult Uses

13.10.621    Adult bookstores and adult motion picture theaters.

13.10.622    Exhibition of adult films at outdoor motion picture theaters.

13.10.623    Massage and bath establishments.

Article III. Agricultural Uses

13.10.631    Farmworker (agricultural employee) housing.

13.10.632    Agricultural processing and storage facilities.

13.10.633    Agricultural service establishments.

13.10.634    Agriculture within structures.

13.10.635    Recycled water facilities for the production of recycled municipal wastewater for agricultural irrigation use.

13.10.636    Greenhouses.

13.10.637    Wineries.

13.10.638    Agricultural custom work occupations.

13.10.639    Sanitary landfill as interim use.

Article IV. Animal Regulations

13.10.641    Animal enclosures—Stables and paddocks.

13.10.642    Animal hospitals and kennels.

13.10.643    Animal keeping in the Residential-Agricultural Zone District.

13.10.644    Animal raising—Family.

13.10.645    Animal raising—Poultry, bird, rabbit or fur-bearing.

13.10.646    Animal raising—Turkeys.

13.10.647    Biomedical livestock operations.

Article V. Commercial Uses

13.10.650    Non-retail commercial cannabis uses.

13.10.651    Restaurants, bars and food outlets in the PA Zone District.

13.10.652    Drive-through uses.

13.10.653    Machine shops in commercial zone districts.

13.10.654    Night clubs, on-site liquor sales, live entertainment.

13.10.655    Radio and TV towers.

13.10.656    Construction of new gas stations, and conversion of existing gas stations.

13.10.657    Regulation of sale of alcoholic beverages at gas stations.

13.10.658    Recycling facilities.

13.10.659    Repealed.

13.10.660    Regulations for the siting, aesthetics, operation, and construction of wireless communication facilities.

13.10.661    Applications for wireless communications facilities.

13.10.662    Wireless communication facilities in public rights-of-way.

13.10.663    Modifications to wireless communication facilities.

13.10.664    Indemnification for wireless communication facilities.

13.10.665    Repealed.

13.10.666    Repealed.

13.10.667    Repealed.

13.10.668    Repealed.

13.10.670    Repealed.

Article VI. Open Space Regulations

13.10.671    Use of nondevelopable land.

13.10.672    Use of urban open space land.

13.10.673    Lot line adjustment applications regarding additional building sites and parcel size.

Article VII. Residential Special Uses

13.10.680    Tiny Homes on Wheels.

13.10.681    Accessory Dwelling units.

13.10.682    Permanent occupancy of manufactured homes.

13.10.683    Temporary occupancy of mobile homes and recreational vehicles.

13.10.684    Mobile home parks.

13.10.685    Conversion of transient occupancy recreational vehicle and travel trailer parks to permanent occupancy.

13.10.686    Large family child care homes in nonresidential zone districts.

Article VIII. Visitor Accommodations/Recreational Uses

13.10.690    Hosted rentals.

13.10.691    Bed and breakfast inns.

13.10.692    Organized camps and conference centers.

13.10.693    Time-share uses.

13.10.694    Vacation rentals.

13.10.695    Repealed.

Part VII. DEFINITIONS

13.10.700    Definitions.

13.10.700-A    “A” definitions.

13.10.700-B    “B” definitions.

13.10.700-C    “C” definitions.

13.10.700-D    “D” definitions.

13.10.700-E    “E” definitions.

13.10.700-F    “F” definitions.

13.10.700-G    “G” definitions.

13.10.700-H    “H” definitions.

13.10.700-I    “I” definitions.

13.10.700-J    “J” definitions.

13.10.700-K    “K” definitions.

13.10.700-L    “L” definitions.

13.10.700-M    “M” definitions.

13.10.700-N    “N” definitions.

13.10.700-O    “O” definitions.

13.10.700-P    “P” definitions.

13.10.700-Q    “Q” definitions.

13.10.700-R    “R” definitions.

13.10.700-S    “S” definitions.

13.10.700-T    “T” definitions.

13.10.700-U    “U” definitions.

13.10.700-V    “V” definitions.

13.10.700-W    “W” definitions.

13.10.700-X    “X” definitions.

13.10.700-Y    “Y” definitions.

13.10.700-Z    “Z” definitions.

    Code reviser’s note: Ord. 3186 adopted the recodification of prior code Chapter 13.04 SCCC. Ord. 3315 renumbered various chapters of the Santa Cruz County Code, including renumbering Chapter 13.04 SCCC to Chapter 13.10 SCCC.

    Prior legislation: Ords. 560, 639, 640, 653, 681, 693, 708, 740, 746, 747, 758, 839, 931, 1019, 1029, 1048, 1080, 1087, 1092, 1118, 1136, 1156, 1188, 1191, 1217, 1219, 1282, 1283, 1418, 1424, 1465, 1508, 1543, 1578, 1581, 1582, 1608, 1639, 1682, 1683, 1703, 1704, 1739, 1786, 1806, 1817, 1834, 1863, 1891, 1907, 1924, 1943, 1985, 2047, 2051, 2066, 2117, 2142, 2171, 2202, 2244, 2245, 2259, 2261, 2263, 2287, 2289, 2294, 2328, 2336, 2349, 2391, 2402, 2428, 2429, 2431, 2449, 2450, 2452, 2459, 2472, 2478, 2493, 2506, 2520, 2540, 2581, 2622, 2661, 2672, 2681, 2750, 2759, 2761, 2762, 2763, 2764, 2769, 2770, 2771, 2775, 2776, 2779, 2787, 2788, 2800, 2801, 2804, 2822, 2823, 2824, 2841, 2848, 2849, 2853, 2857, 2858, 2868, 2872, 2874, 2913, 2946, 2986, 3015, 3035, 3036, 3051, 3058, 3076, 3115, 3116, 3117, 3152, 3164, 3172, 3173, 3182, 3186, 3212, 3223, 3233, 3265, 3266, 3277, 3278, 3311, 3315, 3344 and 3360.

Part I. AUTHORITY AND PURPOSE

13.10.110 Title of chapter.

This chapter shall be known and cited as “the zoning ordinance of the County of Santa Cruz.” [Ord. 3432 § 1, 1983].

13.10.120 Purpose.

The purposes of this chapter are:

(A)    To implement the General Plan and Local Coastal Program Land Use Plan by providing specific regulations as to the allowable uses of land and structures;

(B)    To promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare;

(C)    To protect the character, stability, and satisfactory interrelationships of residential, commercial, industrial, agricultural, recreational, and open space areas of the County;

(D)    To protect the natural environment in compliance with the California Environmental Quality Act. [Ord. 3432 § 1, 1983].

13.10.130 Scope.

Pursuant to California Government Code Section 65850, this chapter contains provisions to:

(A)    Regulate the use of buildings, structures and land as between industry, business, residents, open space, including agriculture, recreation, enjoyment of scenic beauty and use of natural resources, and other purposes.

(B)    Regulate signs and billboards.

(C)    Regulate location, height, bulk, number of stories and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; and the intensity of land use.

(D)    Establish requirements for off-street parking and loading.

(E)    Establish and maintain building setback lines. [Ord. 3432 § 1, 1983].

13.10.140 Applicability.

(A)    Compliance with Zoning Regulations. No person shall construct, enlarge or move a building, and no person shall establish a new use of land or expand or intensify an existing use unless it conforms to the permitted uses provided in the zone district or conforms to a permit and regulations authorizing a discretionary use in the zone district in which the land is located. All construction, alteration, reconstruction or enlargement of buildings and all uses of buildings and land shall comply with all provisions of this chapter except as otherwise provided for nonconforming structures and uses.

(B)    Conformance by Government Agencies. No government unit whether city, County special district or State agency, shall be exempt from the provisions of this chapter, except for State agencies and cities engaged in a sovereign activity or a local public agency exempted by Sections 53090 et seq. of the California Government Code. Except as specifically exempted from coastal development permit requirements of the Coastal Act and the LCP by State law, all development in the Coastal Zone that is proposed by such government unit shall be subject to the same LCP requirements as any other proposed development. [Ord. 5182 § 4, 2014; Ord. 4166 § 5, 1991; Ord. 4027 § 2, 1989; Ord. 3432 § 1, 1983].

13.10.150 Amendment.

(A)    Planning Commission Action. Any amendment to this chapter which changes property from one zone district to another, or imposes any regulation not previously imposed, or removes or modifies any such regulation previously imposed, shall be processed as a Level VII approval pursuant to Chapter 18.10 SCCC, including a public hearing and recommendation by the Planning Commission prior to consideration of the amendment by the Board of Supervisors. Any other amendments to this chapter may be adopted as other ordinances are adopted.

(B)    Local Coastal Program Amendment. Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When a revision constitutes an amendment to the Local Coastal Program such revision shall be processed pursuant to the provisions of Chapter 13.03 SCCC and a Level VII approval pursuant to Chapter 18.10 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 3432 § 1, 1983].

13.10.160 Environmental protection.

All approvals and zoning plan amendments pursuant to this chapter shall be processed in accordance with the California Environmental Quality Act and Guidelines and County environmental impact review guidelines and rules adopted pursuant to Chapter 16.01 SCCC. [Ord. 3432 § 1, 1983].

13.10.170 General Plan consistency.

(A)    Consistency Requirement. The zoning plan and regulations established by this chapter shall be consistent with the General Plan. “Consistent with” as used in this section means that the allowable uses and development standards established by this chapter and the zoning plan created pursuant to SCCC 13.10.210 are in harmony with and compatible with the County General Plan including the Local Coastal Program Land Use Plan, and that they implement the objectives, policies and programs of the General Plan and do not inhibit or obstruct the orderly attainment of the General Plan within its time frame.

(B)    Discretionary Uses. Land uses which are allowed by discretionary approval shall be deemed to be consistent with the General Plan, provided the approving body finds such consistency before approving the use.

(C)    Maintaining Consistency. The zoning plan and regulations established by this chapter shall not be amended out of conformity with the General Plan. Whenever an amendment to either the zoning ordinance or the General Plan is considered, a concurrent amendment to the other document shall be considered where necessary to maintain consistency.

(D)    Consistent Zone Districts. The following table denotes the basic and combining districts which implement and are consistent with the various General Plan land use, resource and constraint designations. Rezoning of a property to a zone district which is shown in the following zoning implementation table as implementing the designation applicable to the property shall not constitute an amendment of the Local Coastal Program, unless it involves rezoning to M-3 in the Coastal Zone.

 

ZONING IMPLEMENTATION TABLE 

General Plan/Local Coastal Program Land Use Designation

Zone District pursuant to SCCC 13.10.300 et seq., and SCCC 13.10.400 et seq.

 

 

All Land Use Designations

 

(Except Agricultural Resource Lands)

SU—Special Use

 

 

Agricultural:

 

AG—Agriculture

A—Agriculture

 

RA—Residential Agriculture

 

CA—Commercial Agriculture

 

TP—Timber Production

 

PR—Parks, Recreation and Open Space

 

AP—Agricultural Preserve (for existing AP Districts only)

 

 

Commercial:

 

C-N—Neighborhood Commercial

C-1—Neighborhood Commercial

 

CT—Tourist Commercial

 

PA—Professional and Administrative Offices

C-C—Community Commercial

C-2—Community Commercial

 

C-1—Neighborhood Commercial

 

CT—Tourist Commercial

 

VA—Visitor Accommodations

 

PA—Professional and Administrative Offices

C-V—Visitor Accommodations

VA—Visitor Accommodations

C-S—Service Commercial/Light Industry

M-1—Light Industrial

 

PA—Professional and Administrative Offices

 

C-4—Commercial Services

C-O—Professional and Administrative Offices

PA—Professional and Administrative Offices

 

 

Public Facility/Institutional:

 

P—Public/Institutional Facilities

PF—Public and Community Facilities

 

 

Residential:

 

R-M—Mountain Residential

RR—Rural Residential

 

RA—Residential Agriculture

 

TP—Timber Production

 

A—Agriculture

 

R-1—Single-Family Residential**

(5,000 square feet to one acre lot size)

R-R—Rural Residential

RR—Rural Residential

 

RA—Residential Agriculture

 

A—Agricultural

 

R-1—Single-Family Residential**

(5,000 square feet to one acre lot size)

 

 

R-S—Suburban Residential

RR—Rural Residential

 

RA—Residential Agriculture

 

R-1—Single-Family Residential**

(5,000 square feet to one acre lot size)

R-UVL—Urban Very Low Residential

R-1—Single-Family Residential*

R-UL—Urban Low Residential

R-1—Single-Family Residential*

 

RB—Ocean Beach Residential*

 

RM—Multifamily Residential*

 

 

R-UM—Urban Medium Residential

R-1—Single-Family Residential*

 

RB—Ocean Beach Residential*

 

RM—Multifamily Residential*

 

 

R-UH—Urban High Residential

R-1—Single-Family Residential*

 

RM—Multifamily Residential*

 

RM-2-R–Multifamily Residential with Regional Housing Needs Combining Zone*

All Residential Designations

PR—Parks, Recreation and Open Space

 

 

*    Zone district designations shall be considered consistent with the General Plan and Local Coastal Program Land Use Plan when in conformance with the residential density allowed by Figure 2-3 of the General Plan and Local Coastal Program Land Use Plan.

**    This zone district is established for the sole purpose of recognizing as conforming parcels those legal parcels of record located outside the urban services line of the County that, prior to the adoption of the 1994 General Plan and Local Coastal Program Land Use Plan, were zoned R-1-5, R-1-6, R-1-7, R-1-8, R-1-9, R-1-10, R-1-12, R-1-15, R-1-20, R-1-32, R-1-40 or R-1-1 acre and developed with or intended for development of a single-family residence and any permitted accessory structures. Such development, including additions or remodels, is subject to the site and development standards of the specified zone district for the parcel. All land divisions must be consistent with the provisions of the Rural Residential Density Determination Ordinance (Chapter 13.14 SCCC) and with the residential density allowed by Figure 2-2 of the General Plan and Local Coastal Program Land Use Plan.

Open Space Uses:

O-R—Parks, Recreation and Open Space

PR—Parks, Recreation and Open Space

 

TP—Timber Production

O-C—Resource Conservation

PR—Parks, Recreation and Open Space

 

TP—Timber Production

 

A—Agriculture

O-L—Lakes, Reservoir, Lagoon

PR—Parks, Recreation and Open Space

O-U—Urban Open Space

PR—Parks, Recreation and Open Space

 

General Plan/Local Coastal Program Land Use Overlay Designations:

I—Heavy Industry

M-1—Light Industrial

 

M-2—Heavy Industrial

Q—Quarry

M-3—Mineral Extraction

PP—Proposed Parks and Recreation

PR—Parks, Recreation and Open Space

 

D—Designated Park Site Combining Zone District with any other zone district

 

General Plan/Local Coastal Program Resource:

Agricultural Resource Lands

AP—Agricultural Preserve Zone District

 

A-P—Agriculture with Agricultural Preserve Zone District

 

CA—Commercial Agriculture

 

TP—Timber Production

Timber Resource Lands

TP—Timber Production

 

General Plan/Local Coastal Program Constraint:

Coastal Bluffs and Beaches

GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC 13.10.400)

Fault Zones

 

Liquefaction Areas

 

Landslide Areas

 

Floodplains and Tsunami Inundation Areas

 

 

Other Designation or Condition:

Airport Influence Area

AIA—Airport Combining District with any parcel within two miles of the boundary of the Watsonville Municipal Airport

Designated Assisted Housing Site

H—Assisted Housing Combining District with any other zone district

Property Issued a Statement of Intention

I—Statement of Intention Combining District with any other zone district

Designated Historic Landmark

L—Historic Landmark Combining District with any other zone district

Mobile Home Park

MH—Mobile Home Park Combining District with any other zone district

Property Restricted by an Open Space Contract

O—Open Space Combining District with any other zone district

Santa Cruz Long-Toed Salamander Habitat

SP—Salamander Protection Combining District with any other zone district

Special Residential Design Standards for the Pleasure Point Neighborhood

PP—Pleasure Point Community Design Combining District with any R-1, RM or PR zoned parcel in the Pleasure Point Neighborhood

Special Residential Development Standards for the Seascape Beach Estates neighborhood

SBE—Seascape Beach Estates Combining District with any parcel in the Seascape Beach Estates neighborhood as defined in SCCC 13.10.435

Special Use and Development Standards for Development of Housing at Density of 20 Units per Acre

R—Regional Housing Need Combining District with any RM-2 zoned parcel, or in C-1, C-2, or PA commercial zones, or public facility zones*

Permanent Room Housing

PRH—Permanent Room Housing Combining District with RA, RR, R-l, RM, VA, PA, C-l, C-2, C-4, CT and SU zone districts1

*    Property that is proposed for rezoning into the Regional Housing Need R Combining District shall include a proposed PUD, and an LCPA if located within the Coastal Zone pursuant to SCCC 18.10.184(C) and (D).

1    PRH Zoning Plan Amendments in the Coastal Zone are Local Coastal Plan Amendments. Coastal Zone properties are subject to Local Coastal Program policies related to conversion of priority uses.

[Ord. 5307 § 1, 2019; Ord. 5305 § 1, 2019; Ord. 5294 § 1, 2019; Res. 79-2019, 2019; Ord. 5286 § 2, 2018; Ord. 5063 § 1, 2010; Ord. 4873 § 2, 2007; Ord. 4836 § 3, 2006; Ord. 4577 § 1, 1999; Ord. 4460 § 1, 1997; Ord. 4370 § 1, 1995; Ord. 4346 § 5, 1994; Ord. 3844 § 2, 1987; Ord. 3632 § 2, 1985; Ord. 3432 § 1, 1983].

Part II. ORDINANCE AND PERMIT ADMINISTRATION

13.10.210 Zoning plan.

A zoning plan shall be established pursuant to this chapter containing the designations, locations and boundaries of the various zone districts delineated on sectional district maps, each map covering one square mile. An index map to the sectional district maps shall be provided. The zoning plan and maps shall be considered an integral part of this chapter. [Ord. 3432 § 1, 1983].

13.10.215 Zoning plan amendment.

(A)    Amendment Policy. The County zoning plan and map are intended to reflect a comprehensive assessment and projection of the County’s present and future needs for various types of land uses and developments, which are shown broadly on the adopted General Plan and Local Coastal Program Land Use Maps and Zoning Maps. In order to maintain a stable, desirable, well-balanced pattern of development throughout the unincorporated County area, amendments to the zoning plan and map are to be made only upon adequate justification.

(B)    Amendment Initiation. Amendment to the zoning plan or map may be initiated by a resolution of intention adopted by the Board of Supervisors upon its own motion or upon the recommendation of the Planning Commission, or an application by a property owner or other interested party having the owner’s authorization.

(C)    Amendment Procedures. Amendments to the County zoning plan or map shall be processed as a legislative action requiring a recommendation by the Planning Commission and approval by the Board of Supervisors pursuant to Chapter 18.10 SCCC and in accordance with the requirements of this section.

(D)    Planning Commission Recommendation. After a public hearing, which may be continued from time to time, the Planning Commission shall send a written recommendation to the Board. The Commission’s recommendation shall include the reasons for the recommendation, the relationship of the proposed zoning amendment to the General Plan, and a statement regarding compliance with the California Environmental Quality Act. The Planning Commission shall recommend approval of a rezoning only if it determines that:

(1)    The proposed zone district will allow a density of development and types of uses which are compatible with the objectives, policies and programs, and land use designations of the adopted General Plan, and conforms with, and is adequate to carry out, the coastal resource protection provisions of the certified Land Use Plan; and

(2)    The proposed zone district is compatible with the level of utilities and community services available to the land; and

(3)    One or more of the following findings can be made:

(a)    The character of development in the area where the land is located has changed or is changing to such a degree that the public interest will be better served by a different zone district;

(b)    The proposed rezoning is necessary to provide for a community-related use which was not anticipated when the zoning plan was adopted;

(c)    The present zoning is the result of an error;

(d)    The present zoning is inconsistent with designation on the General Plan;

(e)    The proposed rezoning is in the best interests of the public health, safety or welfare;

(f)    A rezoning from nonresidential to residential use is appropriate in that the site has low commercial potential as reflected by existing vacancies, or outdated low value improvements, or low employment density, or low market demand for commercial use of the site; or

(g)    The site will accommodate housing type(s) that are needed to house the local workforce in support of the local economy.

(4)    For amendments located within the Coastal Zone, the proposed rezoning maintains and provides for priority uses consistent with Sections 2.22.1 and 2.22.2 of the certified Land Use Plan.

(E)    Planning Commission Recommendation Against Amendment. If the Planning Commission recommends against a proposed amendment, its action shall be final unless the matter is subsequently considered upon appeal or special consideration by the Board of Supervisors, or unless the action is being processed concurrently with a project that requires review by the Board of Supervisors.

(F)    Board of Supervisors Action. The Clerk of the Board shall set a public hearing before the Board of Supervisors within 30 days after the receipt of the report recommending a zoning amendment from the Planning Commission. The Board may approve, modify, or disapprove the Planning Commission’s recommendation; provided, that any modification of the proposed zoning amendment (including the imposition of regulations which are less restrictive than those proposed by the Commission or changes in proposed dwelling density or use) which was not previously considered by the Planning Commission shall be referred to the Planning Commission for its report and recommendation. The Planning Commission is not required to hold a public hearing on the referral, and its failure to respond within 40 days shall be deemed to be approval of the proposed modification. Any public hearing of the Board of Supervisors may be continued from time to time as determined by the Board.

(G)    Finality of Action on Amendments. No new application for a zoning amendment shall be filed for the same or substantially the same purpose or project on the same parcel within one year after its denial without the consent of the Planning Commission if no appeal was made, or without the consent of the Board of Supervisors if denied by the Board. A denial without prejudice shall allow the filing of a new application at any time for the same or substantially the same purpose or project. [Res. 79-2019, 2019; Ord. 5286 § 3, 2018; Ord. 5210 §§ 1, 2, 2015; Ord. 5200 § 3, 2015; Ord. 5119 § 2, 2012; Ord. 4843 § 1, 2006; Ord. 4817 § 2, 2006; Ord. 4783 § 3, 2005; Ord. 4767 § 3, 2004; Ord. 4764 § 3, 2004; Ord. 3593 § 1, 1984; Ord. 3432 § 1, 1983].

13.10.220 Use approvals.

(A)    Description. A use approval is a discretionary authorization of a land use allowed in accordance with the regulations of the governing zone district and issued as part of a development permit pursuant to Chapter 18.10 SCCC. A use approval shall be granted at the approval level specified by the governing zone district for the project property, and may only authorize such development or use of the property as is allowed by the zone district or as otherwise provided in this chapter.

(B)    Procedures. All regulations and procedures regarding application, review, approval, appeal, enforcement, etc., for a use approval shall be in accordance with the provisions of Chapters 18.10 and 19.01 SCCC. [Ord. 4836 § 4, 2006; Ord. 3432 § 1, 1983].

13.10.225 Emergency use approval.

(A)    Emergency use approvals may be granted at the discretion of the Planning Director to allow the temporary relocation of a use when the use has been displaced from its original location as a result of damage or destruction by a natural disaster for which a local emergency has been declared by the Board of Supervisors.

(B)    Application for review of the occupancy under the provisions of this chapter and Chapter 18.10 SCCC shall be made within 90 days of the date of issuance of the emergency permit or the use shall be terminated. [Ord. 4160 § 1, 1991; Ord. 4030 § 2, 1989].

13.10.230 Variance approvals.

(A)    Description. A variance approval is a discretionary authorization of exceptions to the zoning district site and development standards for a property including design standards and guidelines and regulations for special uses. The power to grant variance approvals does not allow changes in use which are affected only by use approvals pursuant to SCCC 13.10.220, rezoning of the property pursuant to SCCC 13.10.215, or amendment to the regulations of this chapter. Variances to site area requirements may be approved only in the case where no new additional building sites would thereby be created (relief in which case may be provided only through rezoning of the property), or in any of the following instances:

(1)    To facilitate certificates of compliance.

(2)    To facilitate dedications of rights-of-way or other required improvements for public benefit.

(3)    To allow the consideration of the creation of new lots when the size of the lot is within one percent of the zoning requirement and is consistent with the General Plan.

(B)    Procedures. All regulations and procedures regarding application, review, approval, appeal, enforcement, etc., for a variance approval shall be in accordance with the provisions of Chapters 18.10 and 19.01 SCCC for a Level V approval and “findings” in subsection (C) of this section except that site area variances which create new building sites under the circumstances described in subsection (A) of this section shall be processed at Level VII.

(C)    Findings. The following findings shall be made prior to granting a variance approval in addition to the findings required for the issuance of a development permit pursuant to Chapter 18.10 SCCC:

(1)    That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.

(2)    That the granting of such variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety or welfare or injurious to property or improvements in the vicinity.

(3)    That the granting of such variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such is situated. [Ord. 5087 § 1, 2011; Ord. 4836 §§ 5, 6, 2006; Ord. 3632 §§ 3, 4, 1985; Ord. 3432 § 1, 1983].

13.10.235 Minor exceptions.

(A)    Purpose. To provide a streamlined discretionary review process to allow consideration of minor variations from the zoning district site standards established for height, setbacks, separation between structures on the same property, lot coverage and floor area ratio.

(B)    Applicability. Minor exceptions to the zoning site standards contained in the site and structural dimensions charts may be considered for the following zone districts: agricultural districts; residential districts; commercial districts; industrial districts; parks, recreation and open space districts; public and community facilities districts; timber production districts; and special use districts. Minor exceptions do not apply to special site standards contained in combining zone districts, specific plans or PUDs, unless specifically indicated.

Minor exceptions shall be limited to the following:

(1)    Height. Up to a five percent increase in the allowed height. For example, a 28-foot height limit could be increased by up to 16.8 inches (28 feet times 0.05 = 1.4 feet).

(2)    Setbacks. Up to a 15 percent reduction in the required front, side or rear setback. For example, a five-foot setback may be reduced by up to nine inches (five feet times 0.15 = 0.75 feet).

(3)    Separation Between Structures. Up to a 15 percent exception from the 10-foot separation requirement between structures on the same property, allowing a reduction of up to 1.5 feet, or an 8.5-foot separation.

(4)    Floor Area Ratio. Up to a 7.5 percent increase in the total allowable 50 percent FAR for lots 4,000 square feet or less, allowing up to 57.5 percent FAR.

(5)    Lot Coverage. On parcels with a net site area of 6,000 square feet or greater, up to a 15 percent increase of the total allowable lot coverage; on smaller parcels, up to a 25 percent increase of the total allowable lot coverage, resulting in the following maximum allowable increases:

Lot Coverage Allowed by Applicable Zone District

Maximum Additional Lot Coverage Allowed with a 25% Minor Exception on Parcels of Less than 6,000 Square Feet

Maximum Additional Lot Coverage Allowed with a 15% Minor Exception on Parcels of 6,000 Square Feet or Greater

40%

10%

6%

20%

3%

10%

1.5%

Minor exceptions apply only to the zoning site standards noted above, and do not apply to or supersede limits or building setbacks required in other sections or chapters of the County Code, such as for riparian corridors, geologic hazards, sensitive habitats, or agricultural buffers. If a coastal development permit is required (pursuant to Chapter 13.20 SCCC), then the minor exception shall be processed as part of and pursuant to the coastal development permit process, including that hearing requirements, noticing, appeal procedures, etc., shall be as are required for coastal development permits, and all required coastal development permit findings shall also be required.

(C)    Procedures.

(1)    Application. The application for the minor exception shall contain such information as required by the Planning Department.

(2)    Application Review. The Planning Director or designee shall review and make a determination on the application for a minor exception. At the discretion of the Planning Director, the project may be referred to the Zoning Administrator or Planning Commission for a public hearing.

(3)    Noticing. Noticing shall be as provided by SCCC 18.10.222 and 18.10.224.

(4)    Required Findings. Findings shall be in accordance with findings required for variance approvals in SCCC 13.10.230(C), and in accordance with the findings required in SCCC 18.10.230 for discretionary approvals. In addition, the following finding shall be required for minor exceptions allowing an increase in lot coverage:

(a)    That there is no increase in stormwater leaving the property as a result of additional impermeable area created by a minor increase in lot coverage. The project as approved incorporates measures or conditions that direct runoff to the landscape, use permeable paving material, reduce existing impermeable area, or incorporate other low impact drainage design practices to control any increase in stormwater runoff.

(5)    Project Conditions. The project may be conditioned as needed to ensure compliance with County policies and ordinances, in accordance with SCCC 18.10.240.

(6)    Appeal. The procedures for appeals shall be as provided by SCCC 18.10.310 and 18.10.324. [Ord. 5181 § 1, 2014; Ord. 5126 § 1, 2012; Ord. 5119 §§ 3, 4, 2012; Ord. 5087 § 2, 2011].

13.10.240 Previous permits.

Any planned unit development permit, planned development permit, variance, use permit or other approval or permit previously issued by the County pursuant to previous regulations of the zoning ordinance shall continue to be administered in the same manner as existing permits. Actions to amend, review, revoke, or enforce such permits shall be subject to the regulations and procedures of this chapter and Chapter 18.10 SCCC, except for existing planned unit development permits which were adopted by ordinance and which must be administered in the same manner as existing ordinances. [Ord. 3432 § 1, 1983].

13.10.250 Interpretation.

The Zoning Administrator shall be responsible for the interpretation of the provisions of this chapter for their application to any specific case or situation, interpretation of whether a proposed use is essentially the same as a use allowed in the zone district, or interpretation of the boundary location of a zone district, based on the following guidelines, subject to appeal to the Board of Supervisors pursuant to Chapter 18.10 SCCC:

(A)    In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.

(B)    Whenever the district boundary is indicated as being a road or a property line, then, unless otherwise definitely indicated on the zoning plan map, the center line of the road or the property line shall be assumed to be the district boundary.

(C)    Where the location of district boundary lines is not indicated by dimensions, the boundaries shall be located by use of the scale to which the map is drawn. [Ord. 3432 § 1, 1983].

13.10.260 Nonconforming uses and structures—General provisions.

(A)    Purpose. To establish regulations for nonconforming structures and uses that recognize the prevalence of legally established nonconforming uses and structures, the neighborhood benefit of well-maintained buildings, and the need to preserve and improve existing housing stock and commercial space. To allow legal nonconforming uses and structures to continue to exist, and to be improved, within appropriate parameters that address potential impacts to public health, safety and welfare. To establish a threshold for when changes to existing nonconforming uses and structures are subject to discretionary review, and establish findings for approval of discretionary permits to protect public health, safety, welfare and the environment. To establish provisions whereby nonconforming uses that are determined to be detrimental to public health, safety or welfare may be terminated by the Board of Supervisors.

(B)    Definitions. The following words and phrases, whenever used in this section, or SCCC 13.10.261 or 13.10.262, shall have the following meanings:

(1)    Intensification of Use, Nonresidential. Any change or expansion of a nonresidential use which will result in both a greater than 10 percent increase in parking need and more than two spaces or which is determined by the Planning Director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use, and/or sewage generation shall be an “intensification of use” for the purposes of this chapter.

(2)    Intensification of Use, Residential. Any change to a residential use which will result in an increase of its number of bedrooms, as defined in SCCC 13.10.700(B), shall be an “intensification of use” for the purposes of this chapter.

(3)    “Major structural components” means the foundation, floor framing, exterior wall framing and roof framing of a structure. Exterior siding, doors, window glazing, roofing materials, decks, chimneys and interior elements including but not limited to interior walls and sheetrock, insulation, fixtures, and mechanical, electrical and plumbing elements are not considered major structural components. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.

(4)    “Nonconforming structure” means a structure that was lawfully erected prior to the adoption, revision or amendment of this chapter but that does not conform with standards for lot coverage, setbacks, height, number of stories, distance between structures, or floor area ratio currently prescribed in the regulations for the zoning district in which the structure is located.

(5)    “Nonconforming use” means a use of structure or land that was legally established and maintained prior to the adoption, revision or amendment of this chapter, but does not conform to the current use standards, and density standards where applicable, of both the zone district and/or the General Plan/Local Coastal Program land use designation in which the use is located. A nonconforming structure is not a nonconforming use. A legally established use shall not be deemed nonconforming due to the lack of a use permit.

(6)    “Reconstruction” means modification or replacement of 65 percent or more of the major structural components (see subsection (B)(3) of this section) of an existing structure within any consecutive five-year period. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.

(C)    General Requirements.

(1)    Determination of Nonconforming Status. The property owner shall have the burden of proof in establishing the legal status of any nonconforming use or structure, in accordance with any administrative procedures that may be established by the Planning Director.

(2)    Compliance with Other Provisions of the County Code. The permits required in this section and SCCC 13.10.261 and 13.10.262 are in addition to all other reviews and permits required by the Santa Cruz County Code, including requirements in Chapters 13.11, 13.20 and 18.10 SCCC and in SCCC Title 16. Approvals issued pursuant to this section and SCCC 13.10.261 and 13.10.262 do not alter or supersede the permit and review requirements of other provisions of the Santa Cruz County Code. Work performed on a nonconforming structure or a structure accommodating a nonconforming use shall be pursuant to a building permit as required by Chapter 12.10 SCCC, and shall meet the requirements of these nonconforming structures and uses regulations (this section, SCCC 13.10.261, and 13.10.262) unless a waiver or exception is granted as provided in these regulations. Except as provided by SCCC 13.10.262(A)(6), Reconstruction of a nonconforming structure after a catastrophic event, or as specifically authorized by other provisions of the Santa Cruz County Code, relocation of a nonconforming structure that does not result in a conforming structure shall require either variance approval or minor exception in accordance with SCCC 13.10.230 or 13.10.235.

(3)    Regulations in Effect at the Time of Construction. Nothing contained in this section shall be deemed to require any change in the plans, construction, or designated use of any structure upon which actual construction or operation was or will be lawfully initiated in accordance with applicable regulations in effect at the time when a planning or building permit was approved.

(4)    Nonconforming Parking. In accordance with the limitations of SCCC 13.10.575, no legal existing use of land or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking or loading facilities.

(5)    Exception for Compliance with Accessibility Requirements. Work performed solely to comply with the Americans with Disabilities Act or with Chapter 11 of the State Building Code shall be excluded from calculations of reconstruction or alteration for the purposes of this section, SCCC 13.10.261 and 13.10.262.

(6)    Exception for Properties That Have Been Designated as Historic Resources Pursuant to Chapter 16.42 SCCC, or for Corrective Work on Dangerous Building Elements. Work performed solely to comply with Federal standards for rehabilitation of historic properties or with Chapter 16.42 SCCC, or solely to comply with a notice or requirement of the County Building Official to correct dangerous building elements, shall be excluded from calculations of reconstruction or structural alteration for the purposes of this section, SCCC 13.10.261 and 13.10.262.

(7)    Other Regulations Pertaining to Nonconformity. The following code sections establish additional regulations for nonconforming uses or structures:

(a)    Nonconforming Signs. See SCCC 13.10.585.

(b)    Nonconforming Greenhouses. See SCCC 13.10.636(C).

(c)    Nonconforming Farm Worker Housing. See SCCC 13.10.631.

(d)    Nonconforming Recycling Collection Facilities. See SCCC 13.10.658(B).

(e)    M-1 Zone District Uses Not in Compliance with SCCC 13.10.345(A). Uses in the M-1 Light Industrial Zone District which are not in compliance with the provisions of SCCC 13.10.345(A)(1) through (6) are considered nonconforming uses subject to SCCC 13.10.345(A)(7) and 13.10.345(A)(8).

(f)    Lands designated with a P Combining District. Modification or expansion of uses on lands designated with a P Agricultural Preservation Combining District shall be processed as set forth in SCCC 13.10.473.

(g)    Expansion of Organized Camps with Nonconforming Densities. See SCCC 13.10.353(B)(3). [Ord. 5119 § 6, 2012].

13.10.261 Nonconforming uses.

(A)    Applicability. This section applies to nonconforming uses in all zone districts.

(B)    General Requirements.

(1)    Continuation of Nonconforming Uses and Nonconforming Rights. The lawful use of land existing on the effective date of the adoption, revision or amendment of the zoning designation or of the zoning regulations that affect a property may be continued, even if the use no longer conforms to the regulations specified by Chapter 13.10 SCCC for the district in which the land is located. A nonconforming use that is not in use for at least three out of the past five years loses its status as a legal nonconforming use, and use of the land or site must conform to current uses allowed by the zone district. If cessation of use is caused involuntarily by fire or other catastrophic event, nonconforming rights are retained for three years after the event, by which time a building permit must be obtained and exercised to repair or reconstruct the nonconforming use in order to retain nonconforming rights. If nonconforming rights are lost due to failure of the use to be continued in three of the past five years or due to the failure to obtain and exercise a building permit within three years after a catastrophic event, and a conforming use has not been subsequently established at the site, the property owner may apply for a conditional use permit (Level V) to reinstate the legal nonconforming use. The conditional use permit for reinstatement shall be subject to the findings required in subsection (F) of this section, as well as to all applicable requirements of the Santa Cruz County Code, and consistent with applicable General Plan and Local Coastal Program policies.

(2)    Termination of Use. The Board of Supervisors may order a nonconforming use to be terminated, upon recommendation of the Planning Commission, if such a use represents a threat to public health, safety, welfare, or the environment, or has been determined to be a public nuisance. The Planning Commission shall conduct a public hearing 15 or more days after written notice to the operator of the nonconforming use and the property owner. If the operator and/or property owner has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the operator and/or property owner has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to public health or safety may be terminated immediately, pursuant to Chapter 1.14 SCCC. In making a recommendation or determination, the Planning Commission and the Board of Supervisors shall consider:

(a)    The total cost of land and improvements;

(b)    The length of time the use has existed;

(c)    Adaptability of the land and improvements to a currently permitted use;

(d)    The cost of moving and reestablishing the use elsewhere;

(e)    Compatibility with the existing land use patterns and densities of the surrounding neighborhood;

(f)    The degree of threat to public health, safety or welfare; and

(g)    Other relevant factors.

Failure to comply with a Board of Supervisors order to terminate a nonconforming use shall constitute a violation of this chapter and shall constitute a determination that the use is a public nuisance subject to abatement in accordance with Chapter 1.14 SCCC.

(3)    Dwelling Groups—Conforming Unit. Where two or more residential dwelling units exist on a parcel of land as nonconforming units because the zoning of the property no longer allows more than one primary dwelling unit, one of the units shall be deemed as conforming to the zone district. The owner may choose, one time only, which unit shall be considered as conforming. Accordingly, that unit may be repaired, structurally altered, enlarged, or reconstructed in accordance with the site and structural dimensions of the zone district in which the parcel is located. The other unit(s) shall be considered nonconforming and subject to the requirements of this section.

(C)    Changes to Nonconforming Uses—Permits Required.

(1)    Modifications to a Structure Accommodating an Existing Nonconforming Use. The following types of modifications may be allowed to a structure that accommodates a nonconforming use, subject to obtaining the required permit and to the required findings noted in subsection (F) of this section.

Modifications to a Structure Accommodating a Nonconforming Use

Permit Required

Repairs and improvements to an existing structure, altering up to 65 percent of the major structural components.

Permitted upon issuance of a building permit and any approvals that may be required by other sections of the County Code and General Plan/Local Coastal Program.

Reconstruction (as defined in SCCC 13.10.260(B)(6)) of an existing structure.

Conditional Use Permit (Level V Approval) (see subsections (E) and (F) of this section)

Conforming additions not exceeding 50 percent of the square footage of the existing building, limited to once within a five-year period.

Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section)

Conforming additions exceeding 50 percent of the square footage of the existing building, limited to once within a five-year period.

Conditional Use Permit (Level V Approval) (see subsections (E) and (F) of this section)

Reconstruction (as defined in SCCC 13.10.260(B)(6)) of a structure accommodating a nonconforming use after a catastrophic event.

Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section)

(2)    Modifications to an Existing Nonconforming Use. The following changes related to an existing legal nonconforming use may be allowed, subject to obtaining the required permit and to the required findings noted in subsection (F) of this section.

Type of Change to a Nonconforming Use

Permits Required

Expansion of an existing nonconforming use throughout an existing structure, with no intensification of the use

Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section)

Intensification of an existing nonconforming use as defined in SCCC 13.10.260(B)(2) for residential uses and SCCC 13.10.260(B)(1) for nonresidential uses

Conditional Use Permit (Level V Approval) (see subsections (E) and (F) of this section)

Change of an existing nonconforming use to another nonconforming use with no intensification

Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section)

(D)    Procedures for Administrative Use Permit. Procedures for an administrative use permit shall be in accordance with those established for Level IV approvals in Chapter 18.10 SCCC. In addition, the findings in subsection (F) of this section shall be required for approval of an administrative use permit.

(E)    Procedures for a Conditional Use Permit. Procedures for a conditional use permit shall be in accordance with those established for Level V approvals in Chapter 18.10 SCCC, including the requirement for a public hearing. In addition, the findings in subsection (F) of this section shall be required for approval of a conditional use permit.

(F)    Findings. Approval of an administrative or conditional use permit pursuant to subsections (D) and (E) of this section is subject to the following findings:

(1)    That the proposed location of the project and the conditions under which it would be operated or maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public, and will not be materially injurious to properties or improvements in the vicinity.

(2)    That the proposed location of the project and the conditions under which it would be operated or maintained will be in substantial conformance with County ordinances.

(3)    That the proposed use will not overload utilities, and will not generate more than an acceptable level of traffic on streets in the vicinity.

(4)    That the proposed project, as it may be conditioned, will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects, land use intensities, and dwelling unit densities of the neighborhood.

(5)    That additional parking requirements created by the project can be met in accordance with SCCC 13.10.551.

(6)    That the proposed project will not significantly impair economic development goals or key land use goals of the General Plan.

(7)    For a change of a use to a different nonconforming use of a site, conformance with uses currently allowed for the zone district is not feasible due to conditions on the site and surrounding land uses, or due to economic conditions.

(8)    For a nonconforming commercial, industrial or residential use on a site adjacent to residential property, the proposed modification to the nonconforming use, or the proposed reestablishment of a legal nonconforming use pursuant to subsection (B)(1) of this section, does not unreasonably infringe on adequate light, air, solar access, privacy or the quiet enjoyment of adjacent residences, and does not create excessive noise, vibration, illumination, glare, odors, dust, dirt, smoke or hazards such as noxious fumes to a level that substantially exceeds that of the existing or former legal nonconforming use of the site. [Ord. 5119 § 7, 2012].

13.10.262 Nonconforming structures.

(A)    Changes to Nonconforming Structures—Permits Required. The requirements of this section are in addition to and do not supersede requirements or permit approvals required in other sections of the Santa Cruz County Code, including but not limited to SCCC Titles 12, 13, 16 and 18.

(1)    Structural Alterations. Except as noted in subsection (A)(4) of this section, structural alterations to an existing nonconforming structure within a consecutive five-year period that do not constitute reconstruction as defined by SCCC 13.10.260(B)(6) are permitted upon issuance of a building permit and any approvals or permits that may be required by other sections of the County Code.

(2)    Conforming Additions. Conforming additions that do not increase the nonconforming dimensions of the structure are permitted upon issuance of a building permit and any approvals that are required by other sections of the County Code. Nonconforming additions are not permitted unless a variance or minor exception is granted in accordance with SCCC 13.10.230 or 13.10.235.

(3)    Reconstruction. Reconstruction of a nonconforming structure requires an administrative site development permit (see subsection (B) of this section). Except as provided by subsections (A)(6) and (7) of this section, or as specifically authorized by other provisions of the Santa Cruz County Code, any relocation of a nonconforming structure shall require approval of a variance or minor exception in accordance with SCCC 13.10.230 or 13.10.235.

(4)    Structural Alteration or Reconstruction of a Nonconforming Structure Located Over a Property Line, Within a Riparian Corridor, Within Five Feet of a Vehicular Right-of-Way or Within Five Feet of a Planned Vehicular Right-of-Way Improvement. Altering more than 50 percent of the major structural components (up to and including reconstruction) within any consecutive five-year period requires an administrative site development permit. The purpose of this review is to provide adequate opportunity to address potential impacts to the environment or public health, safety or welfare. For nonconforming structures located within five feet of a vehicular right-of-way or within five feet of a planned vehicular right-of-way improvement, the Planning Director may waive the requirement for an administrative site development permit for altering more than 50 percent of the major structural components if he or she determines that the proposed project will not adversely affect the environment or public health, safety or general welfare. If the requirement is waived, then the requirement for an administrative site development permit for reconstruction as specified in subsection (A)(3) of this section shall apply. Nothing in this chapter is intended to allow encroachment without necessary legal authorization, either by easement, quiet title action or other legal means.

(5)    Exceptions. Exceptions to the requirements of subsections (A)(1) through (4) of this section are as follows:

(a)    Exception for Structures Designated as Historic Resources. Modifications to a nonconforming structure which has been designated as a historic resource pursuant to Chapter 16.42 SCCC are permitted upon issuance of only those building permits and/or development permits that are required by other sections of the County Code, including Chapter 16.42 SCCC, if one or more of the following criteria are met:

(i)    The proposed alteration, reconstruction or addition conforms to the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties, and does not increase the nonconforming dimensions of the structure; or

(ii)    The proposed alteration, reconstruction or addition does not conform to the lot coverage, yard setback, floor area ratio or height regulations of the zoning district in which it occurs, but is within the structural outline of the structure and does not expand the perimeter foundation line of the structure. The structural outline of a structure shall include that space which is enclosed by the structural posts, columns, beams, trusses and girders of the structure; or

(iii)    The proposed modifications are required to provide access for persons with disabilities to the structure.

(b)    Exception for Corrective Work on Dangerous Building Elements. Work performed to comply with a notice or requirement of the County Building Official to correct dangerous building elements shall not count towards overall limits on reconstruction in subsection (A)(3) of this section.

(6)    Reconstruction of a Nonconforming Structure After a Catastrophic Event. Except as noted in subsection (A)(7) of this section, reconstruction of a legal nonconforming structure after a catastrophic event is allowed upon issuance of a building permit and any approvals that may be required by other sections of the County Code if the reconstructed structure does not increase the nonconforming dimensions of the structure and is located in substantially the same location as the current/prior structure. New locations on the site may be considered without the need for an administrative site development permit, if the Planning Director finds that the new location results in greater conformance with code requirements. Relocation that does not result in greater conformance with code requirements requires variance approval in accordance with SCCC 13.10.230 or minor exception pursuant to SCCC 13.10.235. (Note: Additional permits may be required for reconstruction after a catastrophic event by other provisions of the Santa Cruz County Code, including SCCC Title 16 and Chapter 13.20 SCCC.)

(7)    Structural Alteration and Reconstruction After a Catastrophic Event, for a Nonconforming Structure Located Over a Property Line, Within a Riparian Corridor, Within Five Feet of a Vehicular Right-of-Way or Within Five Feet of a Planned Vehicular Right-of-Way Improvement. Structural alteration after a catastrophic event, altering less than 65 percent of the major structural components, is allowed upon issuance of a building permit and permits that may be required by other sections of the County Code.

Reconstruction after a catastrophic event requires an administrative site development permit. The purpose of this review is to provide adequate opportunity to address potential impacts to the natural environment or public health, safety or welfare. New locations on the site may be considered as part of the administrative site development permit, if it is determined that the new location results in greater conformance with code requirements. Relocation that does not result in greater conformance with code requirements shall require approval of a variance or minor exception in accordance with SCCC 13.10.230 or 13.10.235.

For nonconforming structures located within five feet of a vehicular right-of-way or within five feet of a planned vehicular right-of-way improvement, the Planning Director may waive the requirement for an administrative site development permit for reconstruction if he or she determines that the proposed project will not adversely affect the natural environment or public health, safety or general welfare. If the requirement is waived, then reconstruction shall conform to the requirements noted in subsection (A)(6) of this section.

(Note: Additional permits may be required for reconstruction after a catastrophic event by other provisions of the Santa Cruz County Code, including SCCC Title 16 and Chapter 13.20 SCCC. Nothing in this chapter is intended to allow encroachment without necessary legal authorization, either by easement, quiet title action or other legal means.)

(B)    Procedures for a Nonconforming Structure Administrative Site Development Permit. Procedures for an administrative site development permit as required pursuant to this section shall be in accordance with those established for Level IV approvals in Chapter 18.10 SCCC, subject to the additional findings in subsection (C) of this section.

(C)    Findings. The following findings apply to site development permits for nonconforming structures as required under subsection (A) of this section:

(1)    That the proposed location of the project and the conditions under which it would be operated or maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public, and will not be materially injurious to properties or improvements in the vicinity.

(2)    That the proposed location of the project and the conditions under which it would be operated or maintained will be in substantial conformance with County ordinances and the purpose of the zone district in which the site is located.

(3)    That the proposed structure and use is in substantial conformance with the County General Plan and with any specific plan which has been adopted for the area.

(4)    That the proposed use will not overload utilities, and will not generate more than the acceptable level of traffic on the streets in the vicinity.

(5)    That the proposed project will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects, land use intensities, and dwelling unit densities of the neighborhood.

(6)    Any additional parking requirements created by the project can be met in accordance with SCCC 13.10.551.

(7)    The proposed project will not significantly impair economic development goals or key land use goals of the General Plan.

(8)    For nonconforming commercial, industrial or residential structures adjacent to residential property, the nonconforming structure does not unreasonably infringe on adequate light, air, solar access, privacy or the quiet enjoyment of adjacent residences.

(9)    For nonconforming structures over a property line, within a riparian corridor, or within five feet of an existing or planned right-of-way, the proposed project has been conditioned to require greater conformance to current site development standards, or has been required to eliminate the nonconformity where feasible, considering economic factors and site conditions including size, shape, topography, existing development or improvements, and environmental constraints.

(10)    For projects within a riparian corridor, a condition of approval of the site development permit has been imposed to require riparian protection, preservation and/or enhancement on the site, as reasonably related to the project and in accordance with General Plan Policy 5.2.2. [Ord. 5119 § 8, 2012].

13.10.265 Nonconforming structures.

Repealed by Ord. 5119. [Ord. 4921 § 1, 2008; Ord. 4836 §§ 9, 10, 2006; Ord. 4771 § 3, 2004; Ord. 4642 § 1, 2001; Ord. 4525 § 4, 1998; Ord. 4368 § 1, 1995; Ord. 4160 § 2, 1991; Ord. 4024 § 1, 1989; Ord. 3927 § 1, 1988; Ord. 3746 § 4, 1986; Ord. 3432 § 1, 1983].

13.10.270 Appeals.

All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance with the procedures of Chapter 18.10 SCCC. [Ord. 3432 § 1, 1983].

13.10.275 Violations of zoning use regulations.

(A)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the CA Commercial Agriculture Zone District, in the A Agriculture Zone District, or in the AP Agricultural Preserve Zone District unless that use is either (1) listed in SCCC 13.10.312 as a permitted use in the agricultural zone district in which the land is located; or (2) is listed in such section as a discretionary use in the agriculture zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(B)    It shall be unlawful for any person to establish, cause or permit a new use of land, or intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the RA Residential Agricultural Zone District, in the RR Rural Residential Zone District, in the R-1 Single-Family Residential Zone District, in the RB Ocean Beach Residential Zone District, or in the RM Multifamily Residential Zone District unless that use is either (1) listed in SCCC 13.10.322 as a permitted use in the residential zone district in which the land is located; or (2) is listed in such section as a discretionary use in the residential zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(C)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand or intensify an existing use of land, or construct, enlarge, or move a building for a use of land, located in the PA Professional Administrative Office Zone District, in the VA Visitor Accommodations Zone District, in the C-1 Neighborhood Commercial Zone District, in the CT Tourist Commercial Zone District, in the C-2 Community Commercial Zone District, or in the C-4 Commercial Services Zone District unless that use is either (1) listed in SCCC 13.10.332 as a permitted use in the commercial zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (2) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(D)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the M-1 Light Industrial Zone District, in the M-2 Heavy Industrial Zone District, or in the M-3 Mineral Extraction Industrial Zone District unless that use is either (1) listed in SCCC 13.10.342 as a permitted use in the industrial zone district in which the land is located; or (2) is listed in such section as a discretionary use in the industrial zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(E)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the PR Parks, Recreation and Open Space Zone District unless that use is either (1) listed in SCCC 13.10.352 as a permitted use in the Parks, Recreation and Open Space Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Parks, Recreation and Open Space Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(F)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the PF Public and Community Facilities Zone District unless that use is either (1) listed in SCCC 13.10.362 as a permitted use in the Public and Community Facilities Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Public and Community Facilities Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(G)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the TP Timber Production Zone District unless that use is either (1) listed in SCCC 13.10.372 as a permitted use in the Timber Production Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Timber Production Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(H)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the SU Special Use Zone District unless that use is either (1) listed in SCCC 13.10.382 as a permitted use in the Special Use Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Special Use Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262. [Ord. 5119 §§ 9—16, 2012; Ord. 4496-C §§ 3, 4, 1998; Ord. 4390A, 1996; Ord. 4346 § 6, 1994; Ord. 3451-A § 6, 1983].

13.10.276 Violations of conditions of development permits authorizing uses and variances.

(A)    It shall be unlawful for any person to exercise any development permit which authorizes uses under this chapter without complying with all of the conditions of such permit.

(B)    It shall be unlawful for any person to exercise any development permit which authorizes a variance under this chapter without complying with all of the conditions of such permit. [Ord. 3451-A § 7, 1983].

13.10.277 Violations of development standards.

(A)    Yard Setback Requirements. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for any construction of structures within the yard setback areas required by the regulations of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction.

(B)    Height Limitations. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for construction of a structure of a height in excess of the maximum height limitation of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction.

(C)    Lot Coverage Limitations. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for construction of a structure which exceeds the maximum percentage of lot coverage of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction. [Ord. 3451-A § 8, 1983].

13.10.278 Violations of density limitations.

It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor to construct, enlarge, or modify a building or otherwise make a new use of a building for an additional dwelling unit on a single parcel of land within any zone district unless a development permit has been obtained and is in effect which authorizes such an additional dwelling unit. [Ord. 5061 § 3, 2009; Ord. 4836 § 11, 2006; Ord. 3451-A § 9, 1983].

13.10.279 Continuing violations.

(A)    Unlawful Actions. It shall be unlawful for any person to allow a situation to continue contrary to the provisions of this chapter or to any permit conditions required pursuant to this chapter, regardless of whether the violation was originally committed by a prior owner or other third person.

(B)    Declaration as Nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, contrary to the provisions of this chapter, and/or any use of any land or premises, established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a public nuisance and the District Attorney or the County Counsel shall, upon written request of the Planning Director or upon order of the Planning Commission or the Board of Supervisors, immediately commence actions or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. [Ord. 4390A, 1996].

13.10.280 Enforcement penalties, remedies and procedures for violations.

(A)    Permit Issuance. All departments, officials, and public employees of the County of Santa Cruz which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, and any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be null and void.

(B)    Compliance with Authorized Privilege. If any portion of a privilege authorized by a modification, variance, discretionary use, planned unit development permit, rezoning approval, design review approval or other conditional permission granted under any provision of the County Code relating to land use is used or exercised by any person entitled to use or exercise such privilege, any and all conditions of such privilege shall immediately become effective and must be strictly complied with. The violation of any such condition shall constitute a violation of this chapter and shall be subject to the same penalties and remedies as any other violation of the Santa Cruz County Code. [Ord. 4390A, 1996; Ord. 3891 § 1, 1988; Ord. 3432 § 1, 1983].

Part III. DISTRICTS

Article I. Agricultural Districts

13.10.311 Purposes of agricultural districts.

(A)    CA Commercial Agriculture. The purposes of the CA Commercial Agriculture Zone District are to preserve the commercial agricultural lands within Santa Cruz County which are a limited and irreplaceable natural resource, to maintain the economic integrity of the economic farm units comprising the commercial agricultural areas of the County, to implement the agricultural preservation policy of SCCC 16.50.010, and to maintain and enhance the general welfare of the County as a whole by preserving and protecting agriculture, one of the County’s major industries. Within the CA Commercial Agriculture Zone District, commercial agriculture shall be encouraged to the exclusion of other land uses which may conflict with it.

(B)    A Agriculture. The purposes of the A Agriculture Zone District are to encourage and provide for noncommercial agricultural uses, such as family farming and animal raising, and to allow limited commercial agricultural activities, on the small amounts of agricultural land remaining in the County which are not designated as commercially suitable, but which still constitute a productive natural resource; to provide for agricultural uses of a higher intensity in rural areas than those allowed in the RA Residential Agricultural Zone District where such use is compatible with the surrounding land uses and the environmental constraints of the land; to maintain options for a diversity of farm operations; to implement the agricultural preservation policy of Chapter 16.50 SCCC; and to maintain productive open space and rural character in the County.

(C)    AP Agricultural Preserve. The purposes of the CA Zone District shall apply to the AP Agricultural Preserve Zone District. The AP regulations are designated to apply only to agricultural lands and open space located within an agricultural preserve established in accordance with the provisions of the California Land Conservation Act of 1965 as now enacted or as hereafter amended, and which are within the AP Zone District as of July 27, 1982.

(D)    Interpretation of Provisions. The provisions of this chapter shall be liberally interpreted insofar as they apply to agricultural pursuits and services and shall not be deemed or construed to interfere with any normal accessory use conducted in conjunction therewith. It is the intention of the County to retain for commercial agricultural production, and to encourage the commercial agricultural use of, lands designated by the Board of Supervisors as Type 1, Type 2, or Type 3 agricultural lands on the map entitled “Agricultural Resources” on file with the Planning Department; to provide maximum protection to existing and future agricultural enterprises from restrictions which may be instituted later at the request of future residents; to restrict incompatible development on or adjacent to agricultural land; and to maintain the existing parcel sizes for parcels zoned CA and AP, except where it is clearly demonstrated that any division of such parcels shall not diminish the productivity or in any way hamper or discourage long-term commercial agricultural operations on said parcels or adjoining or nearby parcels. [Ord. 3432 § 1, 1983].

13.10.312 Uses in agricultural districts.

(A)    Principal Permitted Uses.

(1)    In the Coastal Zone, the principal permitted uses in the agricultural districts shall be as follows:

CA and AP: agricultural pursuits for the commercial cultivation of plant crops, including food, fiber, flower or other ornamental crops and the commercial raising of animals, including grazing and livestock production, and apiculture and accessory uses and structures, excepting those agricultural activities listed as discretionary uses requiring a Level V or higher approval.

A: agricultural pursuits, including the noncommercial or commercial cultivation of plant crops or raising of animals, including apiculture, single-family residential and accessory uses and structures, excepting those agricultural activities listed as discretionary uses requiring a Level V or higher approval.

(2)    Principal permitted uses are all denoted as uses requiring a Level IV or lower approval or as otherwise denoted with the letter P in the agricultural use chart contained in subsection (B) of this section. In the Coastal Zone, actions to approve uses other than principal permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, as specified in Chapter 13.20 SCCC, any development is appealable.

(B)    Allowed Uses. The uses allowed in the agricultural districts shall be as provided in the agricultural uses chart below. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the agricultural zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123. All Level V or higher approvals in the CA and AP Zone Districts are subject to the special findings required by SCCC 13.10.314(A) in addition to those required in SCCC 18.10.230.

AGRICULTURAL USES CHART

KEY:

A

=

Use must be ancillary and incidental to a principal permitted use on the site

P

=

Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone; this applies to multiple parcels when those parcels are contiguous and under common ownership, as defined in SCCC 7.128.030

1

=

Approval Level I (administrative, no plans required)

2

=

Approval Level II (administrative, plans required)

3

=

Approval Level III (administrative, field visit required)

4

=

Approval Level IV (administrative, public notice required)

5

=

Approval Level V (public hearing by Zoning Administrator required)

6

=

Approval Level VI (public hearing by Planning Commission required)

7

=

Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

=

Use not allowed in this zone district

*

=

Level IV for projects of less than 2,000 square feet

 

 

Level V for projects of 2,000 to 20,000 square feet

 

 

Level VI for projects of 20,000 square feet and larger

**

=

For purposes of this section, “on-site” shall mean on the parcel on which the use is located, plus any other parcel(s) owned, leased and/or rented by the farm operator in this County or adjoining counties

***

=

Processed as a Level V Coastal Zone permit project when within the geographic area defined by SCCC 13.20.073

****

=

Soils dependent agricultural uses are those uses which use the in situ soils as the growing medium for all crops

*****

=

P/# means that the use is principally permitted, with the number after it referring to the process for a required Site Development Permit.

+

=

The P combining zone, added to the AP column header in reference to farmworker housing uses only, indicates parcels are subject to a farmland preservation and/or Williamson Act contract.

++

=

Uses in the Coastal Zone denoted as P/5 are appealable to the Coastal Commission.

BP

=

Building permit

BP1

=

Approval Level I (administrative, no plans required)

BP2

=

Approval Level II (administrative, plans required)

BP3

=

Approval Level III (administrative, field visit required)

 

USE

CA

A

AP (P Comb.+)

Agricultural activities: crops and livestock

Agricultural custom work occupations subject to the provisions of SCCC 13.10.638

P/4

P/4

P/4

Agricultural support facilities for processing, packing, drying, storage and refrigeration of produce above a total aggregate size of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater) subject to the provisions of SCCC 13.10.632. Maximum aggregate size of such facilities shall be 50,000 square feet. Inside the Coastal Zone agricultural support facilities greater than 2,000 square feet shall be processed at Level V and shall not be considered a principal permitted use

 

 

 

Up to and including a maximum aggregate of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater)

3

3

3

Greater than an aggregate of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater)

4

4

4

Agricultural service establishments subject to the provisions of SCCC 13.10.633 (see SCCC 13.10.700-A definition)

5

Apiculture (beekeeping)

P

P

P

Aquaculture and aquacultural facilities

5

5

5

Biomedical livestock operations (subject to SCCC 13.10.647)

5

5

Berry and other vine crops

P

P

P

Commercial dairying, subject to the provisions of SCCC 16.22.060

BP3

5

BP3

Field crops, including hay, grain, seed, and turf crops

P

P

P

Livestock raising for food, fiber or animal production, including rabbits and other small animals under 100 per acre

P

P

P

Livestock raising involving hog farming or small animals over 100 per acre, subject to the provisions of SCCC 16.22.060

BP3

5

BP3

Nursery crops limited to open field grown ornamental plants, flowers and Christmas trees

P

P

P

Nursery crops, outdoor container grown, covering an area of one acre or less

P

P

P

Nursery crops, outdoor container grown, covering an area larger than one acre

5

5

5

Orchards, including fruit tree and nut crops

P

P

P

Poultry and other fowl raising, including egg production, under 100 birds per acre (see also “Barn” below)

P

P

P

Poultry and other fowl raising involving more than 100 birds per acre

P

5

P

Row crops, including fruit and vegetable raising

P

P

P

Agricultural Employee (Farmworker) Housing (subject to SCCC 13.10.631) ***** ++

EHA (Employee Housing Act) projects, subject to SCCC 13.10.631 and California Health and Safety Code Section 17008 et seq. and Section 17021.6. EHA projects provide permanent, temporary or seasonal housing for five or more farmworkers (agricultural employees), including the following types as defined in SCCC 13.10.631:

 

 

 

Employer-Provided Farmworker Housing Project:

 

 

 

•    5 to 36 beds in group quarters designed for single adult farmworkers, or

 

 

 

•    5 to 12 dwelling units, manufactured or mobile homes (MHs), recreational vehicles (RVs), or spaces for MHs or RVs, each designed for occupancy by at least one farmworker and their household.

 

 

 

Inside the Coastal Zone

P/5

P/5

P/5

Outside the Coastal Zone

P/3

P/3

P/5

Rural Farmworker Housing Project (rural areas only):

 

 

 

•    5 to 36 beds or 5 to 12 units for Seasonal or Temporary Occupancy, or

 

 

 

•    up to 12 mobile homes, manufactured homes, travel trailers, RVs for permanent occupancy.

 

 

 

Inside the Coastal Zone

P/5

P/5

P/5

Outside the Coastal Zone

P/3

P/3

P/5

Small Farmworker Housing Project subject to EHA: 1 to 4 dwelling units or mobile homes housing at least 5 farmworkers and licensed by Enforcement Agency, with each unit designed for occupancy by at least 1 farmworker and their household.

 

 

 

Inside the Coastal Zone

P/5

P/5

P/5

Outside the Coastal Zone

P/3

P/3

P/5

Small Farmworker Housing Project not subject to EHA: 1 to 4 dwelling units housing no more than 4 farmworkers total, and at least one per dwelling unit, subject to SCCC 13.10.631

 

 

 

Inside the Coastal Zone

5

5

5

Outside the Coastal Zone

P/3

P/3

P/5

Affordable Rental Farmworker Housing Project pursuant to Development Reserve and SCCC 13.10.631 (see SCCC 13.10.631 for map of eligible areas)

 

 

 

Inside the Coastal Zone

Outside the Coastal Zone

7

7

7

Streamlined EHA Projects, subject to SCCC 13.10.631 and California Health and Safety Code Section 17008 et seq. and Section 17021.8. Streamlined EHA Projects provide affordable housing for at least 5 farmworkers, may include up to 36 dwelling units or mobile home/RV spaces, are subject to a 35-year affordability restriction, and qualify for ministerial use approval, as further set forth in Section 17021.8 and SCCC 13.10.631.

 

 

 

Inside the Coastal Zone

Outside the Coastal Zone

P/3

P/3

P/5

Agricultural Support and Related Facilities

Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU), subject to the provisions of SCCC 13.10.681

BP

BP

Inside the Coastal Zone

5

BP

Outside the Coastal Zone

4

BP

Barns, corrals, or pens used for animal husbandry, subject to the provisions of SCCC 16.22.060

BP3

BP3

BP3

Caretaker’s quarters, permanent, (see Small Farmworker Housing Project, above)

 

 

 

Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

P

P

Commercial boarding of animals, subject to the provisions of SCCC 13.10.641(B)

P/5

P/5

P/5

Consumer harvesting, on-site**

P

P

P

Dwelling unit, one detached single-family per parcel, subject to the provisions of SCCC 13.10.314

 

 

 

Inside the Coastal Zone (requires APAC review in the CA and AP Zone Districts)

5

BP3

5

Outside the Coastal Zone

BP3

BP3

BP3

Dwelling unit, one detached single-family per parcel, 5,000 square feet or larger, exclusive of accessory structure(s) associated with the residential use, but specifically excluding barn or similar accessory structures subject to the provisions of SCCC 13.10.314 and 13.10.325

5

5

5

Dwelling units, dwelling groups subject to the provisions of SCCC 13.10.313(E), 13.10.313(F) and 13.10.314

 

 

 

2—4 units

5

5

5

5—19 units

6

6

6

20+ units

7

7

7

Energy facilities, community, subject to the provisions of SCCC 13.10.661 and 13.10.700-E (definition)

5

5

5

Facilities for fish and wildlife enhancement and preservation

P

P

P

Farmworker housing (see Agricultural Employee (Farmworker) Housing, above)

 

 

 

Farm outbuildings and other agricultural accessory structures for storage or equipment with or without a single room containing lavatory facilities

BP3

BP3

BP3

Fences, subject to the provisions of SCCC 13.10.525

P/3/5

P/3/5

P/3/5

Fire protection facilities

5

Flood control works, including channel rectification and alteration; dams, canals and aqueducts of any public water project

5

5

5

Foster homes for seven or fewer children, not including those of the proprietary family (see SCCC 13.10.700-F definition)

P

P

P

Foster homes for eight or more children, not including those of the proprietary family (see SCCC 13.10.700-F definition)

5

5

5

Fuel storage tanks and pumps

BP2

BP2

BP2

Greenhouse structures, as accessory structures, under 500 square feet in area

BP2

BP2

BP2

Greenhouse structures, outside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A)

 

 

 

500—20,000 square feet

3

4

3

Over 20,000 square feet

4

4

4

Greenhouse structures soil dependent****, inside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) and 13.20.073

 

 

 

500—20,000 square feet

3

3

3

Over 20,000 square feet

P/4

P/4

P/4

Greenhouses, improvements and expansions up to 10,000 square feet in area, inside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) and 13.20.073

BP3

4

BP3

Greenhouses, all others in the Coastal Zone

 

 

 

Up to 20,000 square feet

P/5

P/5

P/5

Greater than 20,000 square feet

5

5

5

Greenhouse replacement, reconstruction or structural alteration, pursuant to SCCC 13.10.636(B) and (C)

BP3

BP3

BP3

Habitable accessory structure when incidental to a residential use and not for agricultural purposes, subject to the provisions of SCCC 13.10.611

BP/4/5

BP/4/5

BP/4/5

Nonhabitable accessory structure when incidental to a residential use and not for agricultural purposes (subject to the provisions of SCCC 13.10.313(A) and 13.10.611)

BP/4/5

BP/4/5

BP/4/5

Home occupations subject to the provisions of SCCC 13.10.613

P/5

P/5

P/5

Hosted rentals, subject to SCCC 13.10.690

1P

1P

1P

Kennels, commercial or private, for five or more dogs or cats over the age of four months subject to the provisions of SCCC 13.10.323

5

5

5

Lumber mills

5

Manufactured home, as a single-family dwelling unit, subject to the provisions of SCCC 13.10.682

 

 

 

Inside the Coastal Zone

5

5

5

Outside the Coastal Zone

BP3

BP3

BP3

Mushroom farms and other agriculture within structures, subject to the provisions of SCCC 13.10.634

 

 

 

Additions, less than 500 square feet

BP3

BP3

BP3

Additions, 500—20,000 square feet

BP3

5

BP3

Offices within existing structures operated in conjunction with an allowed use

BP2

BP2

BP2

Public utility facilities; energy facilities (see SCCC 13.10.700-E definition)

5

Publicly owned and operated sanitary landfill either by contract or by public forces, subject to the provisions of SCCC 13.10.639

7

7

7

Recreational activities: playfields not involving permanent structures or paving. Within the Coastal Zone allow this use only in the A (noncommercial agriculture) Zone District

5

5

5

Recycled municipal wastewater (i.e., tertiary treatment) facilities for the production of recycled water solely for agricultural irrigation use, subject to the provisions of SCCC 13.10.635

7

7

7

Reservoirs or ponds

3

3

3

Residential care home serving 6 or fewer residents (see SCCC 13.10.700-R definition)

P

P

P

Riding academies or public stables, subject to the provisions of SCCC 13.10.641

5

5

5

Septic tank sludge disposal sites that are approved by the Health Officer pursuant to Chapter 7.42 SCCC and that are located outside the Coastal Zone

4

Signs in conjunction with principal permitted uses as described in SCCC 13.10.580(A) and (B)

P

P

P

Signs in conjunction with nonprincipal permitted uses as described in SCCC 13.10.580(C) and (D)

BP2

BP2

BP2

Stands for the display and sale of agricultural commodities produced on-site**

BP2

BP2

BP2

Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694)

4

4

4

Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694)

5

5

5

Timber harvesting and associated operations (outside the Coastal Zone only)

P

Veterinary offices and animal hospitals subject to the provisions of SCCC 13.10.642

5

5

5

Visitor accommodations, such as: bed and breakfast inns (subject to SCCC 13.10.691)

5

Water pollution control facilities for agricultural purposes constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board, or erosion control facilities constructed to comply with County ordinances

3

3

3

Water wells, storage tanks and distribution lines, well covers and small pump houses utilized strictly for on-site agriculturally related activities

1***

1***

1***

Wineries under 1,000 gallons annual production as a home occupation, subject to the provisions of SCCC 13.10.637

P

P

P

Wineries, subject to the provisions of SCCC 13.10.637

 

 

 

Under 1,000 gallons and not a home occupation

3

3

3

Over 1,000 gallons and under 20,000 gallons annual production:

 

 

 

On parcels under 2.5 acres in size

3

5

3

On parcels 2.5 acres or larger

3

3

3

Over 20,000 gallons and under 50,000 gallons annual production:

 

 

 

On parcels under 10 acres in size

5

5

5

On parcels 10 acres or larger

3

3

3

Over 50,000 gallons and under 100,000 gallons annual production and on any size parcel

5

5

5

Over 100,000 gallons annual production on any size parcel

6

6

6

Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive

BP/5

BP/5

BP/5

Zoos and natural science museums

5

Cannabis Cultivation (commercial) (subject to SCCC 13.10.650)Ŧ

 

 

Indoor cultivation (existing legal structure, other than greenhouse)

P

4X/5

New indoor cultivation structure (other than greenhouse)

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

< 2,000 square feet

3

4X/5

> 2,000 square feet

5

5

Inside Coastal Zone and 1-mile buffer

Greenhouse (existing)

 

 

 

< 20,000 square feet

P

4X/5

> 20,000 square feet

P

5

Greenhouse, replacement, reconstruction or structural alteration, pursuant to SCCC 13.10.636(B) and (C)

BP3

5

Greenhouse (new)

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

< 2,000 square feet

3

4X/5

2,000—20,000 square feet

3/4N

> 20,000 square feet

4

Inside Coastal Zone and 1-mile buffer

Outdoor cultivation (including hoop house)

 

 

 

Outside Coastal Zone and 1-mile buffer

P

4X/5

Inside Coastal Zone and 1-mile buffer

P

4X/5

Hoop house (new)

 

 

 

Inside Coastal Zone

Water tank (accessory to cannabis use)

P

3

Cannabis Manufacturing (commercial) (subject to SCCC 13.10.650)Ŧ

 

 

 

Classes 1—2*****

 

 

 

Outside Coastal Zone and 1-mile buffer, new or existing legal structure

 

 

 

0—2,000 square feet

 

 

 

 Over 5-acre parcel

3

3/5±

 Less than 5-acre parcel

3

5

> 2,000 square feet

 

 

 

 5-acre or greater parcel

4

4/5±

 Less than 5-acre parcel

4

5

Inside Coastal Zone + 1 mile, existing legal structure

 

 

 

0—2,000 square feet

3

3/5±

> 2,000 square feet

5

5

Class 3

 

 

 

Outside Coastal Zone and 1-mile buffer, new or existing legal structure

4

Inside Coastal Zone +1 mile, existing legal structure

 

 

 

0—2000 square feet

4

> 2000 square feet

5

Cannabis Distribution (subject to SCCC 13.10.650)Ŧ

 

 

 

Class 1*****

 

 

 

Outside Coastal Zone and 1-mile buffer, new or existing legal structure

 

 

 

< 2,000 square feet (new structure)

3

3

< 2,000 square feet (existing structure)

P

3

> 2,000 square feet (new structure)

4

5

> 2,000 square feet (existing legal structure)

P

5

Inside Coastal Zone and 1-mile buffer, existing legal structure

 

 

 

< 2,000 square feet

P

3

> 2,000 square feet

P

5

Class 2, existing legal structure

 

 

 

Outside Coastal Zone and 1-mile buffer

P

Inside Coastal Zone and 1-mile buffer

P

Transport Only

P

P

Ŧ With a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer.

N Level 4 approval applies to all use permits where the parcel is adjacent to another parcel zoned PR or a parcel zoned A, AP, RA, RR, R-1, RB, RM, TP, SU which contains a residential structure.

XLevel 4 approval applies only to Class CG licensed cultivation activities.

± Level 5 approval required if manufacturing activity involves cannabis imported from offsite or employees (not including the owner).

*****Cannabis manufacturing and distribution uses must be ancillary to on-site commercial cannabis cultivation in the A zone district.

[Ord. 5439 § 1, 2023; Ord. 5402 § 1, 2022; Ord. 5382 § 1, 2021; Ord. 5365 § 1, 2021; Ord. 5345 § 1, 2020; Ord. 5336 § 2, 2020; Ord. 5334 § 2, 2020; Ord. 5326 § 3, 2020; Ord. 5325 § 3, 2020; Ord. 5321 § 1, 2019; Ord. 5302 § 1, 2019; Ord. 5272 § 2, 2018; Ord. 5266 § 1, 2018; Ord. 5265 § 1, 2018; Ord. 5264 § 2, 2018; Ord. 5239 § 2, 2017; Ord. 5229 § 1, 2016; Ord. 5152 § 1, 2013; Ord. 5092 § 1, 2011; Ord. 5061 §§ 4—8, 2009; Ord. 5018 §§ 1—5, 2008; Ord. 4921 §§ 2, 3, 4, 2008; Ord. 4883 § 1, 2007; Ord. 4836 §§ 12—41, 2006; Ord. 4821 § 1, 2006; Ord. 4814 § 1, 2006; Ord. 4808 §§ 1—5, 2005; Ord. 4770 § 1, 2004; Ord. 4751 § 4, 2003; Ord. 4744 § 1, 2003; Ord. 4738 §§ 1, 2, 2003; Ord. 4715 § 1, 2003; Ord. 4659 § 1, 2002; Ord. 4578 §§ 1, 2, 1999; Ord. 4495 § 2, 1998; Ord. 4474-C § 1, 1998; Ord. 4471 § 1, 1997; Ord. 4416 § 2, 1996; Ord. 4406 § 2, 1996; Ord. 4369 § 1, 1995; Ord. 4346 § 7, 1994; Ord. 4158 § 2, 1991; Ord. 4099 § 2, 1990; Ord. 4097 § 2, 1990; Ord. 4094 § 2, 1990; Ord. 4036 § 3, 1989; Ord. 3893 § 1, 1988; Ord. 3845 § 2, 1987; Ord. 3842 § 1, 1987; Ord. 3787-C § 2, 1986; Ord. 3766 § 1, 1986; Ord. 3646 § 1, 1985; Ord. 3632 § 5, 1985; Ord. 3593 § 3, 1984; Ord. 3432 § 1, 1983].

13.10.313 Development standards.

(A)    Site and Structural Dimensions.

(1)    General. The following site area per dwelling unit, site width, frontage, yard dimensions, and building height limits shall apply to all agricultural zone districts except that maximum height limits and exceptions therefrom for residential structures in all agricultural districts shall be determined in accordance with the provisions of SCCC 13.10.323 applicable to parcels in the residential zone districts. On legal lots of record less than two and one-half acres in size, all site and structural dimensions of the residential districts as indicated in SCCC 13.10.323 shall apply, based on the pre-existing parcel size.

AGRICULTURAL SITE AND STRUCTURAL DIMENSIONS CHART

Designation

Parcel Size

Width

Frontage

Front Yard

A

Less than 5 acres

100'

60'

20'

A

5 acres or more

300'

100'

20'

CA

(All)

300'

100'

20'

AP

(All)

300'

100'

20'

Designation

Setbacks:

Maximum Height for Agricultural Structures

Maximum Height for Residential Structures

Side

Rear

A

20'

20'

40'

28'

A

20'

20'

40'

28'

CA

20'

20'

40'

28'

AP

20'

20'

40'

28'

(2)    Size and Design of Structures—Exceptions. No residential structure shall be constructed or enlarged which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures associated with the residential use, unless a Level V approval is obtained pursuant to the provisions of SCCC 13.10.325.

(B)    Distance Between Structures. Incidental and accessory structures may be attached to and have a common wall with a main structure on a site or may be connected with a main structure by a breezeway; provided, that a structure housing livestock shall not be attached to a structure used for human habitation. Where there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be 10 feet. The minimum distance between dwelling units shall be 10 feet. The minimum distance between a structure used for human habitation and a structure housing livestock shall be 50 feet.

(C)    Minimum Parcel Size.

(1)    A District. The minimum average parcel size in net developable acres for new parcels created in the A Zone District outside the urban services line (USL) shall be within the range of two and one-half to 20 or 10 to 40 acres per dwelling unit and shall be consistent with the requirements of the General Plan, the Local Coastal Program Land Use Plan and Chapter 13.14 SCCC pertaining to rural residential density determinations. Land divisions shall not be allowed within the A Zone District on properties within the USL.

(2)    CA District. Parcels within the CA Zone District shall not be divided except for exclusive agricultural purposes pursuant to SCCC 13.10.315.

(3)    AP District. Parcels within the AP Zone District shall not be divided except for exclusive agricultural purposes pursuant to SCCC 13.10.315.

(4)    In the A, CA, or AP Districts, the minimum parcel size for an Affordable Rental Farmworker Housing (ARFH) Project is one acre.

(D)    Buffer Requirements. Nonagricultural uses involving habitable spaces including residential development, commercial or industrial establishments, etc., adjacent to parcels zoned Commercial Agriculture (CA), or Agricultural Preserve (AP) or farm labor housing located on CA or AP zoned land shall provide a buffer setback in accordance with the provisions of SCCC 16.50.095, and shall otherwise comply with the requirement of that section.

(E)    Dwelling Group Densities.

(1)    A District. Dwelling groups within the A Agriculture Zone District may be allowed at a density per dwelling unit pursuant to Chapter 13.14 SCCC pertaining to rural residential density determinations.

(2)    CA District. Dwelling groups within the CA Commercial Agriculture Zone District may be allowed at a density of 40 gross acres per dwelling unit.

(3)    AP District. Dwelling groups within the AP Agriculture Preserve Zone District may be allowed at a density of 40 gross acres per dwelling, with a maximum of five dwelling units.

(F)    Residential Uses on Coastal Zone Noncommercial Agricultural Land. Building permits for residential uses on parcels designated in the General Plan and Local Coastal Program Land Use Plan as agricultural land use and not as commercial agricultural land shall be issued only upon documentation that:

(1)    Residential use of the parcel will not conflict with on-site or adjacent agricultural activities; and

(2)    The building site has approved agricultural buffer setbacks; and

(3)    The residents and owners of the subject parcel have executed a binding hold harmless covenant with adjacent agricultural operators and owners which shall run with the land and be recorded prior to occupancy.

The Agricultural Policy Advisory Commission shall make the determination that these conditions have been met.

(G)    Applicability of Other Regulations. Other development standards applicable to agricultural zone districts are contained in the following sections of Chapter 13.10 SCCC:

 

SCCC

General site standards

13.10.510, et seq.

Signs

13.10.580, et seq.

Parking

13.10.550, et seq.

Fences

13.10.525

Minimum parcel sizes

13.10.510(G)

Use of nondevelopable land

13.10.671

Trip reduction requirements (development projects for 50 or more employees)

13.10.591

Design review

13.11.010, et seq.

Agricultural buffers/setbacks

16.50.095

[Ord. 5321 § 3, 2019; Ord. 5152 § 2, 2013; Ord. 4836 §§ 42—44, 2006; Ord. 4416 § 3, 1996; Ord. 4406 § 3, 1996; Ord. 4346 § 8, 1994; Ord. 4314 § 1, 1994; Ord. 4097 § 3, 1990; Ord. 4037 § 2, 1989; Ord. 3755 § 1, 1986; Ord. 3432 § 1, 1983].

13.10.314 Required special findings for CA and AP uses. Amended Ord. 5443

(A)    All Uses. For parcels within the CA Commercial Agriculture and AP Agricultural Preserve Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve any discretionary use listed under SCCC 13.10.312 which requires a Level V or higher approval except agricultural buffer determinations:

(1)    That the establishment or maintenance of this use will enhance or support the continued operation of commercial agriculture on the parcel and will not reduce, restrict or adversely affect agricultural resources, or the economic viability of commercial agricultural operations, of the area.

(2)(a) That the use or structure is ancillary, incidental or accessory to the principal agricultural use of the parcel, or (b) that no other agricultural use is feasible for the parcel, or (c) that the use consists of an interim public use which does not impair long-term agricultural viability or consists of a permanent public use that will result in the production of recycled wastewater solely for agricultural irrigation and that limits and mitigates the impacts of facility construction on agriculture consistent with the requirements of SCCC 13.10.635; or

(3)    That single-family residential uses will be sited to minimize conflicts, and that all other uses will not conflict with commercial agricultural activities on-site, where applicable, or in the area.

(4)    That the use will be sited to remove no land from production (or potential production) if any nonfarmable potential building site is available, or if this is not possible, to remove as little land as possible from production.

(B)    Residential Uses in the Coastal Zone. For parcels within the CA Commercial Agricultural and AP Agricultural Preserve Zone Districts in the Coastal Zone, the following special findings shall be made in addition to those required by Chapter 18.10 SCCC and subsection (A) of this section in order to approve any discretionary residential use including a single-family residence, an accessory dwelling unit, a permanent caretaker’s residence, or habitable accessory structure. These findings shall be based upon a review and determination by the Agricultural Policy Advisory Commission.

(1)    That the parcel is less than one acre in size; or that the parcel has physical constraints (such as adverse topographic, geologic, hydrologic or vegetative conditions) other than size which preclude commercial agricultural use; or that the residential use will be ancillary to commercial agricultural use of the parcel based upon the fact that either:

(a)    The farmable portion of the parcel, exclusive of the building site, is large enough in itself to constitute a minimum economic farm unit for three crops, other than greenhouses, suited to the soils, topography and climate of the area; or

(b)    The owners of the subject parcel have a long-term binding arrangement for commercial agricultural use of the remainder of the parcel, such as an agricultural easement.

(2)    That the residential use will meet all the requirements of SCCC 16.50.095 pertaining to agricultural buffer setbacks.

(3)    That the owners of the parcel have executed binding hold harmless covenants with the owners and agricultural operators of adjacent agricultural parcels. Such covenants shall run with the land and shall be recorded prior to issuance of the use permit.

(C)    Recreational Playfields Outside the Coastal Zone.

(1)    For parcels within the CA Commercial Agricultural and AP Agricultural Preserve Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve recreational playfields outside the Coastal Zone:

(a)    That the use is temporary and will not impair the long-term use of the parcel for commercial agricultural purposes.

(b)    That the use does not involve permanent structures or paving. Surfacing of a pedestrian access to meet the requirements of the Americans with Disabilities Act shall not be prohibited by this provision.

(c)    That the use will not conflict with commercial agricultural activities on-site, where applicable, or in the area.

(d)    That the use will be sited to remove no land from production (or potential production) if any nonfarmable site is available, or if this is not possible, to remove as little land as possible from production.

(2)    For parcels within the AP Agricultural Preserve Zone District, the requirements set forth in Government Code Section 51238.1(a) must also be met to approve recreational playfields outside of the Coastal Zone. [Ord. 5265 § 2, 2018; Ord. 5264 § 3, 2018; Ord. 4836 § 45, 2006; Ord. 4821 § 1, 2006; Ord. 4439 §§ 1, 2, 1996; Ord. 4094 § 3, 1990; Ord. 3646 § 2, 1985; Ord. 3432 § 1, 1983].

13.10.315 CA and AP land division criteria.

(A)    All Parcels in the CA and AP Zone District.

(1)    All parcel divisions in the CA or AP Zone Districts shall be subject to a public hearing and approval at approval Level VII pursuant to Chapter 18.10 SCCC.

(2)    All proposed parcel divisions within the CA or AP Zone Districts shall be reviewed by the Agricultural Policy Advisory Commission for a recommendation for approval or denial of the proposed division, and for a determination of the ability to make the special findings required by this section, the potential for conflicts from the proposed division, and where appropriate, the minimum parcel size necessary to allow for economic farming of the parcels.

(3)    No parcel divisions shall be permitted in the CA or AP Zone Districts for the purpose of using the new parcel(s) for nonagricultural uses, or for the purpose of dividing off land which is not usable for agriculture.

(4)    Divisions of land not zoned CA or AP from land zoned CA or AP are governed by SCCC 16.50.085.

(B)    Type 1 Parcels.

(1)    The following findings shall be made prior to the approval of any parcel division in the CA or AP Zone Districts for land designated as Type 1 land pursuant to Chapter 16.50 SCCC:

(a)    That the use is for exclusive agricultural use, which includes the creation of a new parcel for an Affordable Rental Farmworker Housing (ARFH) project.

(b)    That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, or on adjoining or nearby parcels.

(c)    That the division is necessary for continued commercial agricultural use of the subject parcels. In the event a recorded agricultural preserve (Williamson Act) contract existed prior to January 23, 1979, for a parcel proposed to be divided under this section, said contract shall constitute evidence of a long-term commitment to continued agricultural use and shall satisfy the requirement for this finding.

(d)    That all parcels shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, except for parcels created solely for the purpose of an Affordable Rental Farmworker Housing (ARFH) project, pursuant to SCCC 13.10.681, which are not subject to this requirement. With respect to parcels restricted by an Agricultural Preserve contract recorded prior to January 23, 1979, the finding shall be made either that (i) all parcels created shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, or that (ii) the owners of all parcels created have recorded an agreement with the County which guarantees the original owner the right to continue to use the newly created parcel for exclusive commercial agricultural uses. In no case shall the parcel size be less than 10 arable acres. Land subject to an Agricultural Preserve contract which is approved for division shall continue to be restricted in the aggregate to the permitted and discretionary uses which would have been available to the original parcel under the agricultural preserve contract had the original parcel remained undivided.

(e)    That no conflicts with adjacent agricultural operations shall result from the division.

(f)    That the division is for exclusive agricultural purposes, which includes the creation of a new parcel for an Affordable Rental Farmworker Housing (ARFH) project. A recorded agricultural preserve (Williamson Act) contract existing prior to January 23, 1979, for a parcel proposed to be divided under this section shall constitute evidence of an exclusive agricultural purpose.

(2)    Agricultural preserve (Williamson Act) contracts shall be recorded, prior to filing final maps, for all parcels created by a division of Type 1A agricultural land.

(C)    Type 2 Parcels. The following findings shall be made prior to the approval of any parcel division in the CA Zone District for land designated as Type 2 land pursuant to Chapter 16.50 SCCC:

(1)    That the division is for exclusive agricultural purposes, which includes the creation of a new parcel for an Affordable Rental Farmworker Housing (ARFH) project.

(2)    That the division will result in agriculturally viable parcels; in no case shall the parcel size be less than 20 arable acres, except that parcels created solely for the purpose of an Affordable Rental Farmworker Housing (ARFH) project pursuant to SCCC 13.10.681 are subject to a minimum parcel size of one acre.

(3)    That no conflicts with adjacent or nearby commercial agricultural uses will result from the division.

(D)    Type 3 Parcels.

(1)    The following findings shall be made prior to the approval of any parcel division in the CA or AP Zone Districts for land designated as Type 3 land pursuant to Chapter 16.50 SCCC.

(a)    That the division is necessary for continued commercial agricultural use of the subject parcels.

(b)    That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, adjoining or nearby parcels.

(c)    That the division is for exclusive agricultural purposes.

(d)    That all parcels are of sufficient size to constitute a minimum economic farm unit for three crop types, other than greenhouse agriculture, suited to the soils, topography and climate of the area; in no case shall the parcel size be less than 20 arable acres.

(e)    That no conflicts with adjacent agricultural operations shall result from the division.

(f)    That such division will not create the potential for residential use other than that determined to be ancillary to commercial agriculture pursuant to SCCC 13.10.314(A) and (B).

(g)    That such division will not hamper or discourage long-term commercial agricultural operations.

(2)    An agricultural preserve (Williamson Act) contract and a covenant enforceable by the County to prohibit use of the parcel for nonagricultural purposes shall be recorded on the property title, prior to filing final maps, for each parcel created by said land division. [Ord. 5321 § 4, 2019; Ord. 4836 §§ 46, 47, 2006; Ord. 4346 § 9, 1994; Ord. 3845 § 2, 1987; Ord. 3432 § 1, 1983].

Article II. Residential Districts

13.10.321 Purposes of residential districts.

(A)    General Purposes. In addition to the general objectives of this chapter (SCCC 13.10.120) the residential districts are included in the zoning ordinance in order to achieve the following purposes:

(1)    To provide areas of residential use in locations and at densities consistent with the County General Plan.

(2)    To preserve areas for primarily residential uses in locations protected from the incompatible effects of nonresidential land uses.

(3)    To establish a variety of residential land use categories and dwelling unit densities which provide a choice of diversified housing opportunities consistent with public health and safety.

(4)    To achieve patterns of residential settlement that are compatible with the physical limitations of the land and the natural resources of the County and that do not impair the natural environment.

(5)    To ensure adequate light, air, privacy, solar access, and open space for each dwelling unit.

(6)    To maximize efficient energy use and energy conservation in residential districts, and to encourage the use of locally available renewable energy resources.

(7)    To provide adequate space for off-street parking of automobiles.

(8)    To provide areas of residential use consistent with the capacity of public services, the urban services line and rural services line and the reserve capacity policy of the Local Coastal Program Land Use Plan for tourist services. To minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.

(9)    To protect residential properties from nuisances, such as noise, vibration, illumination, glare, heat, unsightliness, odors, dust, dirt, smoke, traffic congestion, and hazards such as fire, explosion, or noxious fumes.

(B)    Specific RA Residential Agricultural District Purposes. To provide areas of residential use where development is limited to a range of non-urban densities of single-family dwellings in areas outside the urban services line and rural services line; on lands suitable for development with adequate water, septic system suitability, vehicular access, and fire protection; with adequate protection of natural resources; with adequate protection from natural hazards; and where small-scale commercial agriculture, such as animal-keeping, truck farming and specialty crops, can take place in conjunction with the primary use of the property as residential.

(C)    Specific RR Rural Residential District Purposes. To provide areas of residential use where development is limited to a range of non-urban densities of single-family dwellings in areas having services similar to RA areas, but which are residential in character rather than agricultural due to the pattern of development and use in the area and/or the presence of constraints which would preclude the use of the property for agriculture.

(D)    Specific R-1 Single-Family Residential District Purposes. To provide for areas of predominantly single-family residential development in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services, or are planned for a full range of urban services.

(E)    Specific RB Single-Family Ocean Beach Residential District Purposes. To accommodate single-family dwellings on existing lots of record in the vicinity of the cliffs and the ocean beach; where lots abut on and obtain access from a street which is generally parallel to both the beach and the cliff, and which has an elevation of not more than 20 feet above sea level; and where either the seaward right-of-way line of the street or the seaward boundary line of the lots on the ocean side of the street abut open beachlands which are unobstructed to the mean high tide line.

(F)    Specific RM Multifamily Residential District Purposes. To provide for areas of residential uses with a variety of types of dwellings in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services. [Ord. 4496-C § 5, 1998; Ord. 4416 §§ 4, 5, 1996; Ord. 4406 §§ 4, 5, 1996; Ord. 4346 §§ 10, 11, 1994; Ord. 3501 § 1, 1984; Ord. 3432 § 1, 1983].

13.10.322 Residential uses.

(A)    Principal Permitted Uses.

(1)    In the Coastal Zone, the principal permitted uses in the residential districts shall be as follows:

RA single-family residential and agricultural (rural);

RR single-family residential (rural);

R-1 single-family residential (urban, rural);

RB single-family residential (oceanfront, urban);

RM multiple-family residential (urban) including appurtenant accessory uses and structures.

(2)    Principal permitted uses are all denoted uses requiring a Level IV or lower approval or as otherwise denoted with the letter P in the footnotes to the residential uses chart in subsection (B) of this section. In the Coastal Zone, actions to approve other than permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, as provided in Chapter 13.20 SCCC, any development is appealable.

(B)    Allowed Uses.

(1)    The uses allowed in the residential districts shall be as provided in the following residential uses chart. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the residential zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123.

(2)    Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the residential zone districts.

 

RESIDENTIAL USES CHART

KEY:

A

=

Use must be ancillary and incidental to a principal permitted use on the site

P

=

Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone

1

=

Approval Level I (administrative, no plans required)

2

=

Approval Level II (administrative, plans required)

3

=

Approval Level III (administrative, field visit required)

4

=

Approval Level IV (administrative, public notice required)

5

=

Approval Level V (public hearing by Zoning Administrator required)

6

=

Approval Level VI (public hearing by Planning Commission required)

7

=

Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

=

Use not allowed in this zone district

*

=

Level IV for projects of less than 2,000 square feet

 

 

Level V for projects of 2,000 to 20,000 square feet

 

 

Level VI for projects of 20,000 square feet and larger

BP

=

Building Permit Only

BP1

=

Approval Level I (administrative, no plans required)

BP2

=

Approval Level II (administrative, plans required)

BP3

=

Approval Level III (administrative, field visit required)

USE

RA

RR

R-1

RB

RM

Accessory structures and uses, including:

 

 

 

 

 

One accessory structure, habitable (subject to SCCC 13.10.323 and 13.10.611)

BP/4/5

BP/4/5

BP/4/5

BP/4/5

BP/4/5

Accessory structures, nonhabitable, subject to SCCC 13.10.323 and 13.10.611, comprised of:

 

 

 

 

 

Animal enclosures: barns, stables, paddocks, hutches and coops (subject to the provisions of SCCC 13.10.641, stables and paddocks; 13.10.643, animal keeping in the RA Zone; 13.10.644, family animal raising; 13.10.645, bird and small animal raising; 13.10.646, turkey raising; these provisions require Level V in some cases. Also subject to SCCC 13.10.611(C)(3)).

BP/4/5

BP/4/5

BP/4/5

Carports, detached; garages, detached; garden structures; storage sheds (subject to SCCC 13.10.323 and 13.10.611)

BP/4/5

BP/4/5

BP/4/5

BP/4/5

BP/4/5

Air strips (see SCCC 13.10.700-A definition)

7

7

Parking, including:

 

 

 

 

 

Parking, on-site, for principal permitted uses (subject to SCCC 13.10.550 et seq.)

BP2

BP2

BP2

BP2

BP2

Parking, on-site, for nonprincipal permitted uses (subject to SCCC 13.10.550 et seq.)

4

4

4

4

4

Recycling collection facilities in association with a permitted community or public facility, subject to SCCC 13.10.658, including:

 

 

 

 

 

Reverse vending machines

BP1

BP1

BP1

BP1

BP1

Small collection facilities

3

3

3

3

3

Signs, including:

 

 

 

 

 

Signs for nonprincipal permitted uses (subject to SCCC 13.10.580, et seq.)

4

4

4

4

4

Signs for principal permitted uses (subject to SCCC 13.10.580, et seq.)

P

P

P

P

P

Storage tanks, water or gas, for use of persons residing on-site

 

 

 

 

 

Less than 5,000 gallons

BP2

BP2

BP2

More than 5,000 gallons

BP3

BP3

BP3

Swimming pools, private and accessory equipment

BP3

BP3

BP3

Agricultural uses, including:

 

 

 

 

 

Agriculture, small-scale commercial, such as the raising of specialty crops (see also animal keeping)

P

Agriculture, with on-site retail sales, such as Christmas tree farms

5

Beekeeping, commercial (see SCCC 13.10.700-B definition)

5

Gardening, family (see SCCC 13.10.700-G definition)

P

P

P

P

P

Greenhouse, one private of 500 square feet or smaller

BP2

BP2

BP2

BP2

BP2

Greenhouses, private, larger than 500 square feet

5

5

5

Greenhouse replacement, reconstruction, or structural alteration (see SCCC 13.10.636(B) and (C))

BP2

BP2

BP2

Nurseries, commercial

5

Animal-related uses, including:

 

 

 

 

 

Animal keeping (subject to SCCC 13.10.643) (see also “animal enclosures” above)

P

Animal-raising, family (subject to SCCC 13.10.644) (see also “animal enclosures” above) (Minimum parcel size: 6,000 square feet gross)

P

P

P

Cats and dogs

P: 4 cats or dogs or combo

P: 4 cats or dogs or combo

P: 2 cats and 2 dogs per unit

P: 2 cats and 1 dog per unit

P: 2 cats and 1 dog per unit

Kennels for five or more dogs or cats over the age of four months (subject to SCCC 13.10.642)

5

Stables, private, and paddocks (subject to SCCC 13.10.641) (see also “animal enclosures” above)

P

5

P: ABOVE R-1-32 5: up to R-1-32

Cannabis cultivation (commercial) (subject to SCCC 13.10.650)Ŧ

 

 

 

 

 

Indoor cultivation (existing legal structure, other than greenhouse)

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer

4X/5

Inside Coastal Zone and 1-mile buffer

New indoor cultivation structure (other than greenhouse)

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

 

 

< 2,000 square feet

4X/5

> 2,000 square feet

5

Inside Coastal Zone and 1-mile buffer

Greenhouse (existing legal), conversion, replacement, reconstruction or structural alteration

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

 

 

< 2,000 square feet

4X/5

> 2,000 square feet

5

Inside Coastal Zone and 1-mile buffer

Greenhouse (new)

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

 

 

< 2,000 square feet

4X/5

> 2,000 square feet

5

Inside Coastal Zone and 1-mile buffer

Outdoor Cultivation (including hoop house)

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

 

 

< 500 square feet

4X/5

> 500 square feet

5

Inside Coastal Zone and 1-mile buffer

Water tank (accessory to cultivation)

3

Cannabis manufacturing (commercial) (subject to SCCC 13.10.650), ancillary to on-site commercial cannabis cultivationŦ

 

 

 

 

 

Classes 1—2

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer, new or existing legal structure

 

 

 

 

 

< 2,000 square feet

 

 

 

 

 

 0 employees (not including owner)

3/5**

 1—5 employees (not including owner)

5

> 2,000 square feet

5

Inside Coastal Zone and 1-mile buffer

Class 3

Cannabis Distribution (subject to SCCC 13.10.650), ancillary to on-site commercial cannabis cultivationŦ

 

 

 

 

 

Class 1

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer, new or existing legal structure

 

 

 

 

 

< 2,000 square feet

3

> 2,000 square feet

5

Inside Coastal Zone and 1-mile buffer

Class 2

Transport Only

P

P

P

P

P

ŦWith a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer.

XLevel 4 approval applies only to Class CG licensed cultivation activities.

**Level 5 approval required if manufacturing activity involves cannabis imported from offsite.

Commercial uses, including:

 

 

 

 

 

Nursing homes; convalescent care hospitals (see SCCC 13.10.700-N definition)

5

5

5

5

Radio and TV transmission tower (subject to SCCC 13.10.655)

5

5

5

5

5

Tract offices

5

5

5

5

5

Community facilities, including

 

 

 

 

 

Churches and other religious centers

5

5

5

5

Community centers

5

5

5

5

Day-care centers (see SCCC 13.10.700-D definition)

5

5

5

5

Schools: preschools and K-12 including church schools, and incidental art, craft, music or dancing schools but not including business, professional or trade schools or colleges

5

5

5

5

Energy systems, community (see SCCC 13.10.700-E definition and subject to SCCC 13.10.661)

5

5

5

5

5

Facilities, public structures and facilities

5

5

5

5

5

Open space and recreation uses, including:

 

 

 

 

 

Clubs, private, such as garden clubs, fraternal lodges, community service organizations

5

5

5

5

Conference centers (subject to the provisions of the PR District, SCCC 13.10.351 et seq.)

5

5

5

5

Country clubs, private, associated with residential development; including such facilities as club houses, golf courses, tennis courts, swimming pools

5

5

5

5

Fish hatcheries

5

5

5

Organized camps (subject to the provisions of the PR District, SCCC 13.10.351 et seq.)

5

5

5

5

Open space uses, private, noncommercial, not involving structures, such as:

P

P

P

P

P

Beach uses

 

 

 

 

 

Ecological preserves; wildlife and biotic habitat reserves

 

 

 

 

 

Hiking and horseback riding trails

 

 

 

 

 

Open space

 

 

 

 

 

Picnicking facilities

 

 

 

 

 

Playgrounds, nonpaved

 

 

 

 

 

Sports fields, nonpaved

 

 

 

 

 

Watershed management

 

 

 

 

 

Parks, local, public, and associated facilities

5

5

5

5

5

Stables, boarding and public riding (subject to SCCC 13.10.641)

5

Residential uses:

 

 

 

 

 

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) subject to SCCC 13.10.681

BP

BP

BP

BP

BP

Child care homes, large family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

P

P

P

P

Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

P

P

P

P

Congregate senior housing

 

 

 

 

 

2—19 units

6

20+ units

7

Day-care homes, family (see SCCC 13.10.700-D definition)

P

P

P

P

P

Dwelling unit, one detached single-family per parcel, 5,000 square feet or larger, exclusive of accessory structures, but specifically excluding barns or similar accessory structures subject to the provisions of SCCC 13.10.325

5

5

5

5

Dwelling unit, one detached single-family per parcel

BP3

BP3

BP3

BP3

BP3

Dwelling unit, one semi-detached (in RB and RM in groups of 6 units or less; in R-1 only in R-1-4 or R-1-3.5 with maximum of 2 units per group)

 

 

 

 

 

2—4 units

5

5P

5P

5—19 units

6

6P

6P

20+ units

7

7P

7P

Dwelling units, dwelling groups (subject to rural residential density determinations, Chapter 13.14 SCCC; in R-1: detached units only)

 

 

 

 

 

2—4 units

5

5

5

5P

5—19 units

6

6

6

6P

20+ units

7

7

7

7P

Dwelling units, multifamily

 

 

 

 

 

2—4 units

5P

5—19 units

6P

20+ units

7P

Foster homes for 7 or fewer children, not including those of the proprietary family (see SCCC 13.10.700-F definition)

P

P

P

P

P

Foster homes for 8 or more children, not including those of the proprietary family (see SCCC 13.10.700-F definition)

5

5

5

5

5

Home occupations (subject to SCCC 13.10.613: Level V approval required in certain cases)

P

P

P

P

P

Hosted rentals, subject to SCCC 13.10.690

1P

1P

1P

1P

1P

Lodging houses; boarding houses (see SCCC 13.10.700-L definition)

5

Manufactured home as a single-family dwelling on the property (subject to SCCC 13.10.682)

BP3

BP3

BP3

5

BP3

Mobile home parks (subject to SCCC 13.10.684)

 

 

 

 

 

2—4 units

5

5—19 units

6

20+ units

7

Permanent room housing (subject to SCCC 13.10.424 through 13.10.429)

61

61

61

61

61

Residential care homes for 7 or fewer persons

(see SCCC 13.10.700-R definition)

P

P

P

P

P

Residential care homes for 8 or more persons

(see SCCC 13.10.700-R definition)

5

5

5

5

5

Visitor accommodations, such as

 

 

 

 

 

Bed and breakfast inns (subject to SCCC 13.10.691)

4

4

4

4

Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694)

4

4

4

4

4

Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694)

5

5

5

5

5

Visitor accommodations, small-scale, in special communities in the Coastal Zone (subject to Chapter 13.20 SCCC and VA District regulations, SCCC 13.10.331, et seq.)

5

5

Visitor accommodations, small scale, in the Coastal Zone, upon conversion of existing structure (subject to Chapter 13.20 SCCC and VA District regulations, SCCC 13.10.331, et seq.)

5

5

Wineries, under 1,000 gallons annual production as a home occupation, subject to the provisions of SCCC 13.10.613

P

P

P

P

P

Wineries, subject to the provisions of SCCC 13.10.637:

 

 

 

 

 

Under 1,000 gallons and not a home occupation

3

3

Over 1,000 gallons and under 20,000 gallons annual production:

 

 

 

 

 

On parcels under 2.5 acres in size

5

5

On parcels 2.5 acres or larger

3

5

Over 20,000 gallons and under 50,000 gallons annual production on any size parcel

5

5

Over 50,000 gallons annual production on any size parcel

6

6

Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive

BP/5

BP/5

BP/5

BP/5

BP/5

1     Coastal Zone properties are subject to Local Coastal Program policies related to conversion of priority uses.

[Ord. 5439 § 2, 2023; Ord. 5402 § 2, 2022; Ord. 5365 § 2, 2021; Ord. 5345 § 2, 2020; Ord. 5336 § 3, 2020; Ord. 5334 § 3, 2020; Ord. 5326 § 4, 2020; Ord. 5325 § 4, 2020; Ord. 5305 § 2, 2019; Ord. 5272 § 3, 2018; Ord. 5266 § 2, 2018; Ord. 5265 § 3, 2018; Ord. 5264 § 4, 2018; Ord. 5239 § 3, 2017; Ord. 5229 § 2, 2016; Ord. 5152 § 3, 2013; Ord. 5092 § 2, 2011; Ord. 5061 §§ 9—12, 2009; Ord. 5018 §§ 1, 7, 2008; Ord. 4921 § 5, 2008; Ord. 4836 §§ 48—66, 2006; Ord. 4808 §§ 7, 8, 2005; Ord. 4770 § 2, 2004; Ord. 4751 § 5, 2003; Ord. 4744 § 2, 2003; Ord. 4737 § 1, 2003; Ord. 4727 § 4, 2003; Ord. 4715 § 2, 2003; Ord. 4646 § 2, 2001; Ord. 4641 § 2, 2001; Ord. 4577 §§ 2, 3, 1999; Ord. 4496-C § 6, 1998; Ord. 4495 §§ 3—5, 1998; Ord. 4460 § 2, 1997; Ord. 4457-A §§ 1, 2, 1997; Ord. 4346 § 12, 1994; Ord. 4099 § 3, 1990; Ord. 4097 § 4, 1990; Ord. 4036 § 4, 1989; Ord. 3925 § 1, 1988; Ord. 3895 § 1, 1988; Ord. 3843 § 3, 1987; Ord. 3756 § 1, 1986; Ord. 3632 § 6, 1985; Ord. 3593 § 4, 1984; Ord. 3461 § 2, 1983; Ord. 3432 § 1, 1983].

13.10.323 Development standards for residential districts.

(A)    Site Area for the Creation of New Sites.

(1)    In RA and RR Residential Districts, the minimum land areas in net developable acres required for each dwelling unit on each site shall be as established by the rural residential density determination matrix (Chapter 13.14 SCCC) outside the USL and rural services line or shall be one acre inside the rural services line and shall be consistent with the General Plan, Local Coastal Program Land Use Plan, the geological hazards ordinance (Chapter 16.10 SCCC), and the minimum parcel size standards in SCCC 13.10.510(G).

(2)    The R-1 and RM Residential Districts shall be combined with a number which shall indicate the minimum land area in thousands of net developable square feet required for each dwelling unit on each site in the district. For example: “R-1-6” means a minimum land area of 6,000 net developable square feet per dwelling unit; “RM-3” means a minimum land area of 3,000 net developable square feet per dwelling unit. Definitions of “developable land” and “net developable area” are to be found in SCCC 13.10.700-D and 13.10.700-N. District designations shall be consistent with the adopted General Plan, Local Coastal Program Land Use Plan, and the geologic hazards ordinance (Chapter 16.10 SCCC), and the minimum parcel size standards in SCCC 13.10.510(G).

The R-1 Single-Family Residential District located outside the urban services line recognizes as conforming parcels those parcels which are generally less than one acre in size, and that, prior to the effective date of the 1994 General Plan/Local Coastal Program Land Use Plan, were legal lots of record and developed with or intended for development of a single-family residence.

(3)    The Ocean Beach RB Residential District shall have a minimum site area of 4,000 net developable square feet.

(4)    In the zone districts listed in subsections (A)(1) through (3) of this section, one single-family dwelling is permitted on existing parcels regardless of the site area standards if other infrastructure requirements can be met, such as water and sewer, and if all other applicable LCP requirements are met.

(B)    Site and Structural Dimensions. The following single-family and multifamily charts show site area per dwelling unit, setbacks, maximum allowable lot coverages, building height limits, allowable floor area to lot area ratios, maximum number of stories, minimum site widths and minimum site frontages for residential zone districts. These standards shall apply within all residential R zone districts, except as noted elsewhere in this section, and uses inconsistent therewith shall be prohibited absent a variance approval.

 

R-1 SINGLE-FAMILY RESIDENTIAL ZONE DISTRICTS

SITE AND STRUCTURAL DIMENSIONS CHART 

ZONE DISTRICT AND MINIMUM NET SITE AREA PER DWELLING UNIT

PARCEL SPECIFIC CONDITION

 

 

SETBACKS (FEET)

MAXIMUM PARCEL COVERAGE***

MAXIMUM HEIGHT

(FEET)

FLOOR AREA RATIO****

MAXIMUM NUMBER STORIES**

MINIMUM SITE WIDTH (FEET)

MINIMUM SITE FRONTAGE

FRONT

SIDE

REAR

All Districts

Minimum to garage/carport entrance

20

20

20

 

 

 

 

 

 

Parcels <60 feet wide

(except for corner lots)

 

5&5

 

 

 

 

 

 

 

Detached Garages, inside the USL

*

*

*

 

24 and 20 exterior wall

 

 

 

 

Accessory Dwelling Units‡

N/A

N/A

RB

> or = 4,000 sq. ft.

General requirements

10

0&5

10

40%

25; on beach side: 17

0.5:1

2; on beach side: 1

40

40

Corner lots

10

0&10

10

40%

See above

0.5:1

See above

40

40

Lots on beach side of street

10

0&5

0

40%

See above

0.5:1

See above

40

40

Semi-detached dwellings and dwellings adjacent to pedestrian rights-of-way

10

0&5

10

 

 

 

 

 

 

R-1-3.5 to R-1-4.9

0 to <5,000 sq. ft.

General requirements

15

5&5

15

40%

28

0.5:1

2

35

35

Corner lots—existing parcels

15

5&10

15

40%

28

0.5:1

2

35

35

—creating new parcels

5&15

Parcels >5,000 sq. ft.

20

5&8

15

40%

28

0.5:1

2

35

35

R-1-5 to R-1-5.9

5,000 to <6,000 sq. ft.

General requirements

20

5&8

15

40%

28

0.5:1

2

50

50

Corner lots—existing parcels

—creating new parcels

20

 

15

40%

28

0.5:1

2

50

50

Parcels 4 to <5,000 sq. ft.

20

5&8

15

40%

28

0.5:1

2

50

50

R-1-6 to R-1-9.9

6,000 to <10,000 sq. ft.

General requirements

20

5&8

15

40%

28

0.5:1

2

60

60

Corner lots—existing parcels

20

5&10

15

40%

28

0.5:1

2

60

60

—creating new parcels

5&20

Parcels >4,800 to <5,999 sq. ft.

20

5&8

15

40%

28

0.5:1

2

 

 

R-1-10 to R-1-15.9

10,000 to <16,000 sq. ft.

General requirements

20

10&10

15

40%

28

0.5:1

2

60

60

Creating new corner lots

20

10&20

15

40%

28

0.5:1

2

60

60

R-1-16 to R-1-<1 acre 16,000 sq. ft. to <1 acre

General requirements

30

15&15

15

20%

28

N/A

2

90

60

RR, RA and R-1-1 >1 acre

General requirements—1 to <5 acres

40

20&20

20

10%

28

N/A

2

100

60

General requirements—5 acres or more

40

20&20

20

10%

28

N/A

2

150

100

NOTE: This chart contains the single-family residential zone district standards and some of the most commonly used exceptions. For additional exceptions relating to parcels, see SCCC 13.10.323(D). For additional exceptions relating to structures, see SCCC 13.10.323(E). Variations from maximum structural height, maximum number of stories and maximum floor area as defined by FAR may be approved with a residential development permit by the appropriate approving body for affordable housing units built on-site or off-site in accordance with Chapter 17.10 SCCC and SCCC 13.10.681 and 13.10.685.

*    Site standard for the applicable zone district must be met.

**    Number of stories is limited outside the urban services line by the General Plan.

***    For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the maximum parcel coverage shall be 1.25 times that of the applicable zone district. Development shall be consistent with State Office of Historic Preservation guidance.

****    For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the floor area ratio (FAR) shall be 0.6:1 in any zone district where the standard FAR is 0.5:1. Development shall be consistent with State Office of Historic Preservation guidance.

‡    See SCCC 13.10.681(D) for standards governing ADUs.

 

RM MULTIFAMILY RESIDENTIAL ZONE DISTRICTS

SITE AND STRUCTURAL DIMENSIONS CHART 

ZONE DISTRICT AND MINIMUM NET SITE AREA PER DWELLING UNIT

PARCEL SPECIFIC CONDITION

 

 

SETBACKS (FEET)

MAXIMUM PARCEL COVERAGE**

MAXIMUM HEIGHT (FEET)

FLOOR AREA RATIO***

MAXIMUM NUMBER STORIES

MINIMUM SITE WIDTH (FEET)

MINIMUM SITE FRONTAGE

FRONT

SIDE

REAR

All Districts

Minimum to garage/carport entrance

20

20

20

 

 

 

 

 

 

Parcels <60 feet wide

(except for corner lots)

 

5&5

 

 

 

 

 

 

 

Detached Garages, inside the USL

*

*

*

 

24 and 20 exterior wall

 

 

 

 

Accessory Dwelling Units‡

N/A

N/A

RM-1.5 to RM-4.9

0 to <5,000 sq. ft.

General requirements for all parcels within these zone districts

15

5&5

15

40%

28

0.5:1

Per use permit or 2

35

35

Corner lots—existing parcels

 

15

5&10

15

40%

28

0.5:1

 

35

35

—creating new parcels

15

5&15

15

40%

28

0.5:1

 

35

35

Parcels >5,000 sq. ft.

20

5&8

15

40%

28

0.5:1

 

35

35

RM-5 to RM-5.9

5,000 to <6,000 sq. ft.

General requirements and for parcels >6,000 sq. ft.

20

5&8

15

40%

28

0.5:1

Per use permit or 2

50

50

Corner lots—existing parcels

20

5&10

15

40%

28

0.5:1

 

50

50

—creating new parcels

20

5&10

15

40%

28

0.5:1

 

50

50

Parcels >4,000 to <5,000 sq. ft.

20

5&8

15

40%

28

0.5:1

 

50

50

RM-6 to RM-9.9

6,000 to <10,000 sq. ft.

General requirements

20

5&8

15

40%

28

0.5:1

Per use permit or 2

60

60

Corner lots—existing parcels

20

5&10

15

40%

28

0.5:1

 

60

60

—creating new parcels

20

5&20

15

40%

28

0.5:1

 

60

60

NOTE: This chart contains the multifamily residential zone district standards and some of the most commonly used exceptions. For additional exceptions relating to parcels, see SCCC 13.10.323(D). For additional exceptions relating to structures, see SCCC 13.10.323(E). Variations from maximum structural height, maximum number of stories and maximum floor area as defined by FAR may be approved with a residential development permit by the appropriate approving body for affordable housing units built on-site or off-site in accordance with Chapter 17.10 SCCC and SCCC 13.10.681 and 13.10.685.

*    Site standard for the applicable zone district must be met.

**    For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the maximum parcel coverage shall be 1.25 times that of the applicable zone district. Development shall be consistent with State Office of Historic Preservation guidance.

***    For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the floor area ratio (FAR) shall be 0.6:1 in any zone district where the standard FAR is 0.5:1. Development shall be consistent with State Office of Historic Preservation guidance.

‡    See SCCC 13.10.681(D) for standards governing ADUs.

(C)    Calculating Allowable Gross Building Area. When determining the maximum allowable gross building area for a specific parcel, it is necessary to know the zoning and net site area of the parcel. Definitions of net site area, gross building area, floor area, floor area ratio, story, attic, basement, underfloor, and mezzanine appear in SCCC 13.10.700-A through 13.10.700-Z.

Net Site Area x Floor Area Ratio (FAR) = Total Allowable Gross Building Area for All Buildings on Site

Net Site Area x Maximum Parcel Coverage Percentage = Maximum Allowable Parcel Coverage

AREAS INCLUDED IN GROSS

BUILDING AREA CALCULATION

    All floor areas; areas with ceiling heights greater than 16 feet zero inches are counted twice, and greater than 24 feet zero inches are counted three times (2, 3, 4, 5).

    Garage (credit for one parking space—225 square feet not counted (1).

    Covered and enclosed area (6).

    Stairs and landing at each floor.

    Basements, attics and under floor area which reach a ceiling height of seven feet six inches or higher, then all areas greater than five feet zero inches in height shall count as area for FAR calculations.

    Areas under building projections greater than three feet from the exterior wall, or cumulatively greater than one-third the length of that side of the building.

AREAS NOT INCLUDED IN CALCULATIONS

    First 140 square feet and then one-half of all covered, unenclosed porch areas (7)

    Uncovered decks (covered decks count)

    Uncovered balconies (covered balconies count)

    Areas beneath three feet of roof overhang

SAMPLE PARCEL of 3,783 net square feet, R-1-4 Zone District from Site and Structural Dimensions Chart:

Floor Area Ratio = 0.5:1

Maximum Parcel Coverage = 40%

 

3,783 sq. ft. x 0.5 = 1,892 sq. ft. Total Floor Area

3,783 sq. ft. x 0.40 = 1,513 sq. ft. Maximum First Floor Area (Round to Nearest Foot)

 

Total Floor Area = 1,892 sq. ft.

Less: Maximum First Floor Area = 1,513 sq. ft.

Second Level Area = 379 sq. ft.

The total floor area may be divided equally between floors.

(D)    Site and Structural Dimensions Exceptions Relating to Parcels.

(1)    Parcels Created from New Land Divisions.

(a)    Within any new land division project, all development standards on all lots or parcels which abut the periphery of the project site are subject to all the restrictions stated in this section unless a variance is obtained. No parcel shall be created smaller than 3,500 square feet in area. On individual lots or parcels within any land division project not abutting the periphery of the project site, site and structural dimensions may vary from the general requirements for the zone district; provided, that the approved standards and dimensions for each new lot or parcel are specifically indicated on the approved tentative map.

(2)    Nonconforming Parcels.

(a)    On a lot which contains less than 80 percent of the minimum site area required in the applicable zone district, or has less than 80 percent of the minimum width, or frontage, the building setbacks required shall be equal to those in the zone district having a minimum site area or dimensions which most closely correspond to those of the substandard lot.

(3)    Parcels Reduced Due to Right-of-Way Dedications.

(a)    A site area variance approval shall not be required for a new single-family dwelling or additions to an existing single-family dwelling on an existing lot of record which is reduced in size to less than the minimum site area required in the applicable zone district due to requirements for a public dedication of right-of-way.

(b)    For a new or existing single-family dwelling on an existing lot of record which becomes nonconforming due to a public dedication of right-of-way, variances to building setback and structural dimension requirements shall not be required; provided, that the front yard is not less than 15 feet and the street side yard is not less than six feet.

(4)    Parcels with Agricultural, Geological or Environmental Resources and/or Constraints. For setbacks from fault zones, floodplains/floodways and coastal bluffs and beaches, see SCCC 16.10.070. For setbacks from riparian corridors see SCCC 16.30.040. For setbacks from sensitive habitats see SCCC 16.32.090. For setback/buffer requirements for parcels abutting commercial agricultural, CA zoned parcels, see SCCC 16.50.095.

(5)    Parcels with Steep Slopes.

(a)    In all residential zone districts, if the elevation of the lot at a point 50 feet from the center line of the traveled roadway is seven feet or more above or below the elevation of said center line, an attached or detached carport which (in the interest of public safety) is unenclosed on all sides may be built to within five feet of the front property line or edge of right-of-way of the lot. Open safety railings no more than 42 inches in height may be constructed to the property line without a development permit, except that in the Coastal Zone a coastal development permit will be required for all such development unless it is exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.

(b)    In the RB District, where the site abuts an existing street, road, or easement for road purposes recorded in the County Recorder’s Office before March 25, 1969, and where the front 30 feet of the site exceeds a slope of 25 percent, no front yard is required.

(6)    Parcels with Double Frontage. When both the front and rear property lines of a parcel abut on a right-of-way to which it has legal access, the required front yards shall be measured from both rights-of-way. Only one of the front yards shall be required to meet the off-street parking criteria described in this chapter.

(E)    Site and Structural Dimension Exceptions Relating to Structures.

(1)    Structural Encroachments. Eaves, chimneys, bay windows (less than 60 inches in height), uncovered, unenclosed porches, decks, stairways and landings may extend into required front and rear yard by six feet; provided, that balconies, or decks must be cantilevered in order to encroach. Eaves, chimneys and uncovered, unenclosed stairways and landings may extend into required side yard three feet. Decks less than 18 inches high may be constructed to property lines. Second story rooftop decks and landings are not permitted. Structural encroachments associated with Accessory Dwelling Units must preserve minimum two-foot interior side and rear setbacks.

(2)    Structures Designed for Solar Access.

(a)    Criteria for New Construction. In cases where it is not possible to orient a new building southward within the applicable yard requirements for the purpose of incorporating an active or passive solar energy system, a reduction in such yard requirements may be authorized as a Level III approval pursuant to Chapter 18.10 SCCC; provided, that:

(i)    The purpose of the reduction is to incorporate an active or passive solar energy system into the new building;

(ii)    The building envelope would comply with all zoning provisions if oriented parallel to the lot lines;

(iii)    The reduced yard requirement will not restrict emergency access or present a fire hazard; and

(iv)    The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks.

(b)    Criteria for Structural Additions. In cases where it is not possible to make additions to an existing structure within the applicable yard requirements for the purpose of attaching an active or passive solar energy system, reduction in such yard requirements may be authorized as a Level III approval pursuant to Chapter 18.10 SCCC; provided, that:

(i)    The reduced yard requirement will not restrict emergency access, or present a fire hazard;

(ii)    The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks; and

(iii)    The portion of the addition within the required setback is designed for the primary purpose of collecting solar energy.

(3)    Structures Larger Than 5,000 Square Feet. No residential structure shall be constructed which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures, unless a Level V approval is obtained pursuant to the provisions of SCCC 13.10.325.

(4)    Structures Exceeding Two Stories. Outside the urban services line, the number of stories in a residential structure shall not be limited by the provisions of subsection (E)(2)(b) of this section.

(5)    Structures Exceeding 28 Feet.

(a)    With Increased Yards. Building heights which exceed those specified in subsection (E)(2)(b) of this section are allowable if all required yards are increased five feet for each foot over the permitted building height and planning approvals are obtained according to the following table:

Parcel Size (Net Site Area)

Maximum Height Above Existing Grade

Planning Approvals Required

Less than 2-1/2 acres

Over 28 feet

Level IV approval

2-1/2 acres or larger

Over 28 feet up to 35 feet

Level III approval

Over 35 feet

Level IV approval

(b)    With Design Review. Building heights up to a maximum of 33 feet may be allowed without increased yards or variance approval, subject to review and recommendation by the Urban Designer or Planning Director (or designee), and subject to approval by the Zoning Administrator following a public hearing. Appeals from this decision shall be processed pursuant to Chapter 18.10 SCCC.

(6)    Accessory Structures.

(a)    Water Tanks and Propane Tanks. Water tanks which are required for fire protection and/or domestic use may be erected to within three feet of any property line; provided, that the proposed location is a written requirement from the County Fire Marshal, appropriate fire agency or Environmental Health Service. Propane/LP gas tanks may be erected to within five feet of any property line; provided, that the proposed location is a written requirement from the County Fire Marshal or appropriate fire agency. A landscaped screen shall be provided for any tank located within the required front yard.

(b)    Side and Rear Yards.

(i)    An accessory structure which is attached to the main building shall be considered a part thereof and shall be required to have the same setbacks as the main structure, except that accessory dwelling units must be allowed side and rear setbacks of four feet and accessory structures that are demolished/rebuilt as ADUs must be allowed the same setback as the demolished structure, subject to compliance with Chapter 7.92 SCCC (Fire Code), Chapter 12.10 SCCC (Building Regulations), and SCCC Title 16 (Environmental and Resource Protection).

(ii)    A detached accessory structure which is located entirely within the required rear yard and which is smaller than 120 square feet in size and 10 feet or less in height may be constructed to within three feet of the side and rear property lines;

(iii)    Garden trellises, garden statuary, birdbaths, freestanding barbeques, play equipment, swimming pool equipment, freestanding air conditioners, heat pumps and similar HVAC equipment and ground-mounted solar systems, if not exceeding six feet in height, are not required to maintain side and rear yard setbacks and are excluded from the calculation of allowable lot coverage.

(c)    Separation. The minimum distance between any two detached structures shall be 10 feet with the following exceptions:

(i)    Eaves, chimneys, cantilevered, uncovered, unenclosed balconies, porches, decks and uncovered, unenclosed stairways and landings may encroach three feet into the required 10-foot separation;

(ii)    No separation is required between water tanks located on the same parcel;

(iii)    No separation is required between garden trellises, garden statuary, birdbaths, freestanding barbecues, play equipment, swimming pool equipment, freestanding air conditioners, heat pumps and similar HVAC equipment and ground-mounted solar systems and other structures located on the same parcel.

(iv)    The minimum separation between an accessory dwelling unit and any other structure on a parcel, including encroachments included in subsection (i) above, shall be no less than three feet.

(d)    On Reversed Corner Lots. On a reversed corner lot, accessory structures shall be located not closer to the rear property line than the required side yard on the adjoining key lot, and not closer to the side property line adjoining the street than the required front yard of the adjoining key lot.

(e)    Distance from Alleys. Detached accessory structures including garages shall not be located within three feet of any alley.

(f)    Garages Located in Required Rear and Side Yards.

(i)    On residentially zoned parcels smaller than 10,000 square feet, an attached or detached garage (“garage” as defined under SCCC 13.10.700-G but excluding carports) may be located within side and rear setback areas with up to a 50 percent reduction of the required setback distances to the rear and interior side property lines; provided, that:

A.    There shall be no windows, doors or other openings on garage walls that are less than five feet from the side or rear property lines.

B.    The garage shall have a minimum front setback of 40 feet, or, for parcels less than 80 feet deep, the minimum front setback to the garage shall be 50 percent of the parcel’s depth.

C.    Eaves or other projections on garages with reduced setbacks shall extend no more than two additional feet closer to the rear and side yard property lines, and no closer than allowed by the California Residential Building Code (CRC).

D.    The garage shall have a maximum depth of 30 feet.

(ii)    On residential parcels 10,000 square feet or larger in size, an attached or detached garage may be located within side and rear setback areas with up to a 50 percent reduction of the required setback distances to the rear and interior side property lines, subject to subsections (E)(6)(f)(i)(A) through (D) of this section; and provided, that a minor exception is obtained in accordance with SCCC 13.10.235.

(iii)    On residential parcels less than 10,000 square feet, a garage may be located up to zero feet from the rear or interior side property line if an administrative site development permit (Level IV approval) is obtained pursuant to the provisions of Chapter 18.10 SCCC, and it is found that the garage will not be detrimental or injurious to property or improvements in the neighborhood, and will not unreasonably infringe on adequate light, air or privacy of adjacent residences.

(iv)    A garage located within a required rear or side setback area shall not exceed 17 feet in height or one story, unless an administrative site development permit (Level IV approval) is obtained pursuant to the provisions of Chapter 18.10 SCCC, and it is found that the garage will not be detrimental or injurious to property or improvements in the neighborhood, and will not unreasonably infringe on adequate light, air or privacy of adjacent residences.

(g)    Detached New Construction ADUs Inside the Urban Services Boundary With Design Review. Building heights up to five feet in excess of the zoning standard, but in no case exceeding 28 feet, may be allowed without increased yards or variance approval, subject to design review and to the coastal view protection standards of Chapter 13.20 SCCC (if located in the Coastal Zone), and subject to approval by the Zoning Administrator following a public hearing. Appeals from this decision shall be processed pursuant to Chapter 18.10 SCCC.

(7)    Front Yard Averaging.

(a)    On a site situated between sites improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average depth of the front yards on the improved sites adjoining the side lines of the site but in no case shall be less than 10 feet.

(b)    Where a site is not situated between sites improved with buildings and where sites comprising 40 percent of the frontage on a block are improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average of the existing front yard depths on the block but in no case shall be less than 10 feet.

(c)    In computing average front yard depths, the figure 30 feet shall be used in lieu of any front yard depth greater than 30 feet.

(d)    Proposed garages or carports shall meet the minimum front yard setbacks shown in this section, site and structural dimensions charts, or as allowed by subsection (D)(5) of this section, Parcels with Steep Slopes. The required front yard setback for other accessory structures may be reduced as allowed by subsection (E)(6) of this section.

(F)    Usable Open Space. In RM Districts, group or private usable open space or a combination thereof shall be provided for each dwelling unit on the site according to the following table:

Type of Space

Minimum Total Area per Dwelling Unit

Restrictions on Any Portion of Usable Open Space

For Group Use

300 square feet (200 square feet on sites less than 6,000 square feet)

Minimum size: 200 square feet

Minimum dimension: 15 feet

For Private Use

200 square feet

Ground level:

 

 

Minimum size: 150 square feet

 

 

Minimum dimension: 10 feet

 

 

Above ground:

 

 

Minimum size: 50 square feet

 

 

Minimum dimension: 6 feet

 

 

Minimum distance from interior lot line: 10 feet

 

 

Shall be directly accessible from the dwelling units served and not from other units

All Required Usable Open Space:

(1)    Shall be planted with lawn or ground cover, or surfaced with dust-free material.

(2)    Shall be screened from streets and adjacent sites.

(3)    If above ground, shall be open on at least one side.

(4)    Shall not be located in a parking area, driveway, service area, or required front yard.

(5)    Shall not have a slope of more than 10 percent.

(6)    Shall not be obstructed except by improvements that enhance its usability, such as swimming pools, fountains, sunshades, and plantings.

(7)    If at ground level, shall not be covered more than 50 percent by a building overhang or balcony.

(G)    Residential Uses on Coastal Zone Nonprime Agricultural Land. Building permits for residential uses on parcels designated in the Local Coastal Program Land Use Plan as agricultural land use and not as prime agricultural land shall be issued only upon documentation that the Agricultural Policy Advisory Commission has made the following determinations:

(1)    Residential use of the parcel will not conflict with on-site or adjacent activities; and

(2)    The building site has approved agricultural buffer setbacks; and

(3)    The residents and owner of the subject parcel have executed a binding hold-harmless covenant with adjacent agricultural operators and owner which shall run with the land and be recorded prior to occupancy.

(H)    Other Regulations. Other development standards applicable to residential zone districts are contained in the following sections of the County Code:

 

SCCC

Agricultural buffers/setbacks

16.50.095

Design review

13.11.010, et seq.

Fences

13.10.525

General site standards

13.10.510, et seq.

Minimum parcel sizes

13.10.525

Parking

13.10.550, et seq.

Signs

13.10.580, et seq.

Trip reduction requirements (residential developments of 25 or more housing units)

13.10.592

Use of nondevelopable land

13.10.671

Use of land designated urban open space in the General Plan

13.10.672

[Ord. 5382 § 2, 2021; Ord 5326 §§ 5—7, 2020; Ord. 5325 §§ 5—7, 2020; Ord. 5265 §§ 4, 5, 2018; Ord. 5264 § 4, 6, 2018; Ord. 5239 §§ 4, 5, 2017; Ord. 5181 § 2, 2014; Ord. 5152 § 4, 2013; Ord. 5126 § 2, 2012; Ord. 5124 § 1, 2012; Ord. 5119 §§ 17, 18, 2012; Ord. 5115 § 1, 2012; Ord. 5095 § 1, 2011; Ord. 5087 §§ 3, 4, 2011; Ord. 5042 §§ 1, 2, 2009; Ord. 5018 §§ 1, 8—15, 2008; Ord. 4921 §§ 7, 8, 2008; Ord. 4850 §§ 1, 2, 2007; Ord. 4836 §§ 67—76, 2006; Ord. 4808 §§ 9—16, 2005; Ord. 4782 § 3, 2005; Ord. 4751 § 6, 2003; Ord. 4737 § 2, 2003; Ord. 4727 § 5, 2003; Ord. 4646 § 3, 2001; Ord. 4641 § 3, 2001; Ord. 4496-C §§ 7, 8, 9, 1998; Ord. 4495 § 6, 1998; Ord. 4460 § 3, 1997; Ord. 4416 § 6, 1996; Ord. 4406 § 6, 1996; Ord. 4371 § 1, 1995; Ord. 4346 § 13, 1994; Ord. 4324A § 1, 1994; Ord. 4314 § 2, 1994; Ord. 4312 § 2, 1994; Ord. 4286 § 2, 1993; Ord. 4281 § 1, 1993; Ord. 4194 §§ 1, 4, 5, 1992; Ord. 4159 § 1, 1991; Ord. 4122 § 3, 1991; Ord. 4119 § 3, 1991; Ord. 4097 § 5, 1990; Ord. 4095 §§ 1—6, 1990; Ord. 3746 §§ 1—3, 1986; Ord. 3632 §§ 7, 8, 1985; Ord. 3593 §§ 5—7, 1984; Ord. 3501 § 2, 1984; Ord. 3432 § 1, 1983].

13.10.324 Design and operating criteria for congregate senior housing. Amended Ord. 5443

(A)    All provisions of Chapter 13.11 SCCC, Site, Architectural and Landscape Design Review, and SCCC 13.10.323 (residential site standards), shall be met. Additional requirements are as follows.

(B)    Minimum Unit Size.

(1)    Studio: 400 square feet.

(2)    One-bedroom: 550 square feet.

(3)    Two-bedroom: 700 square feet.

(C)    Kitchen Facilities. Minimum kitchen facilities shall contain 10 cubic feet cabinet storage area, a small one-basin sink, a half-size refrigerator, and a two-burner stove.

(D)    Individual bathrooms shall be required and meet the following standards:

(1)    Handrail shall be provided;

(2)    Nonskid surfaces for floors and tubs shall be provided;

(3)    An emergency button or pull cord shall be provided near tub or toilet.

(E)    Handrails shall be provided the full length of the hallways.

(F)    Transportation Services. Full daytime van service shall be provided and the program shall be approved by the Planning Department.

(G)    Free bus passes shall be provided to any resident upon request by the residents.

(H)    Amenities.

(1)    Adequate organized physical activity or social activities must be provided. Activity program shall be reviewed by the Seniors Commission and approved by the Human Resources Agency.

(2)    Easy access shall be provided to outdoor recreational areas.

(3)    Adequate programs shall be established for the delivery of personal services such as maid and linen services, sundries, beautician and/or barber, banking, and other similar services. These programs shall be approved by the Planning Department.

(4)    Signing. To be consistent with SCCC 13.10.580 through 13.10.587.

(5)    Security.

(a)    Peep holes in doors.

(b)    Twenty-four-hour security staff on site.

(c)    Appropriate facility security system including building exterior to be approved by the Planning Department.

(d)    Building exterior shall be well lighted, but glare shall not be directed onto adjacent properties or the road.

(e)    Minimum of two emergency pull cords or buttons to alert security staff shall be provided for each unit. One shall be located in the bathroom.

(6)    Management. Proposed management to be reviewed by the Planning Department with assistance from other agencies as needed. Management must possess a thorough knowledge of the needs of the elderly as well as property management.

(7)    Twenty-four-hour on-site management shall be provided.

(8)    Meals. Minimum two hot meals per day shall be provided.

(9)    Special Services.

(a)    A combination of interior and exterior areas and rooms of suitable size to accommodate the majority of the residents must be provided for group meeting, social interaction, exercising and other activities.

(b)    A covered or enclosed pedestrian access shall be provided from all residential buildings to the dining and recreation buildings. A covered walkway shall also be included to provide covered access to passenger loading and unloading areas which shall also be covered.

(c)    All entrances and exits shall be wheelchair accessible.

(10)    All services, requirements, financial arrangements, amenities, and other features of the facility must be disclosed in writing to a prospective resident. This information shall be reviewed by the Planning Director.

(11)    Only one water meter shall be permitted per site.

(12)    All projects shall be compatible with surrounding land uses.

(13)    All projects shall be consistent with California Administrative Code Title 24 and Section 310 of the Uniform Building Code.

(14)    All facilities shall be reviewed by the Planning Department on a yearly basis.

(15)    Separate public areas shall be provided for both smokers and nonsmokers. [Ord. 5202 § 1, 2015; Ord. 4496-C §§ 10, 11, 1998; Ord. 4159 §§ 2—4, 1991; Ord. 4133 §§ 2, 6, 1991; Ord. 4126 § 3, 1991; Ord. 4122 §§ 5—7, 1991; Ord. 4119 §§ 5—7, 1991; Ord. 3756 § 2, 1986; Ord. 3632 § 9, 1985; Ord. 3501 §§ 3—6, 1984; Ord. 3490 § 1, 1984; Ord. 3432 § 1, 1983].

13.10.324.1 Public facilities requirements for residential districts.

(A)    All regulations of the local Fire Department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection. A letter indicating all Fire Department requirements shall be submitted with the project application.

(B)    All requirements of the local sanitation district and water district shall be met. Letters indicating adequate sewer and water service to the project shall be submitted with the project application. Within the Coastal Zone, adequate system capacity shall be reserved for priority coastal uses as per SCCC 17.02.070.

(C)    All improvement requirements and fees shall be met for drainage districts, transportation improvement zones, and roadside improvement districts where required by district or County regulations (SCCC Title 15).

(D)    Park dedication in-lieu fees prior to recordation of a parcel or final map, or at the time of building permit issuance, whichever occurs first. Impacted school district fees are required at the time of building permit issuance. Dedications of land for park or school sites shall be made in conformance with General Plan and Local Coastal Program Land Use Plan requirements and applicable chapters of the County Code (SCCC Title 15).

(E)    The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For residential projects of five or more units, a letter indicating the Transit District’s recommendation shall be submitted with the project applications.

(F)    Residential Street Lighting. Except as provided in subsection (F)(4) of this section, residential street lighting improvement standards apply to all residential development located within the County urban services line; and on a County road, or on a road to be offered for dedication to the County for road maintenance purposes. Residential development may also be required to construct off-site street lighting improvements.

(1)    A residential street lighting plan shall be prepared by a licensed civil engineer or other appropriately licensed individual for approval by the County. The plan and design shall be in accordance with published Pacific Gas and Electric standards or the Association of Illumination Engineers standards. The plan shall also be consistent with County Service Area 9—Highway Safety Lighting, and/or County Service Area 9 (Zone A), Residential Street Lighting Standards, before being approved by the County.

(2)    The developer shall install appropriate lights according to the approved street lighting plan at the developer’s expense. The developer shall enter into a private agreement with Pacific Gas and Electric for power costs when lights are not taken into the County Service Area 9, Highway Safety Lighting, or County Service Area 9 (Zone A), Residential Street Lighting, at the time of acceptance of development improvements.

(3)    All maintenance and liability for the street lighting shall remain with the property owner until such time as the County may exercise its discretion to accept the street lighting into County Service Area for Highway Safety Lighting, or the County Residential Street Lighting Service Area, Zone A.

(4)    The developer of property, within an area which does not currently have residential street lighting because of the historical opposition of the residents of the area to the installation of residential street lighting, may seek an exception from the residential street lighting requirements. An exception in these areas shall be granted only if the applicants’ engineer can satisfactorily document to the Planning Department that the failure to install residential street lighting will not create a dangerous condition of public property that could have been avoided by the installation of residential street lighting. [Ord. 4836 § 77, 2006; Ord. 4496-C § 12, 1998; Ord. 4346 § 14, 1994; Ord. 4263 § 1, 1993].

13.10.325 Large dwelling permit requirements and design guidelines.

(A)    Approvals. No residential structure shall be constructed which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures associated with the residential use, unless a Level V approval is obtained pursuant to the provisions of this section.

(B)    Findings. All applications subject to this section shall be approved only if one or more of the following findings can be made:

(1)    The proposed structure is compatible with its surroundings given the neighborhood, locational or environmental context and its design is consistent with the large dwelling design guidelines in subsection (D) of this section; or

(2)    The proposed structure, due to site conditions, or mitigation measures approved as part of the application, will be adequately screened from public view and will not adversely impact public viewsheds, neighboring property privacy or solar access, and its design is consistent with the large dwelling design guidelines set forth in subsection (D) of this section. (For structures within the Coastal Zone requiring a coastal development permit, additional findings shall be made pursuant to Chapter 13.20 SCCC.)

(C)    Conditions. Conditions of project approvals made pursuant to this section may include mitigation measures necessary to preserve the neighborhood character in which the proposed structure(s) will be located, to preserve neighboring property privacy or solar access, and/or to screen the structure(s) from the road. Such measures may include, but are not limited to: house and accessory structure resiting, additional landscape screening and house redesign, including possible reduction in floor area.

(D)    Large Dwelling Design Guidelines. New large dwellings and related accessory structures regulated by this section are subject to the following design guidelines. The intent of these guidelines is to assist the applicant in meeting the requirements of the large dwelling regulations, and to assist the Urban Designer, Planning Director and Zoning Administrator in reviewing applications.

Large dwellings and their related accessory structure should be designed so that:

(1)    Changes in the natural topography of the building site are minimized.

(2)    Grading cuts and fills are minimized, and when allowed, are balanced.

(3)    House design and accessory structure horizontal elements follow hillside contours, where applicable.

(4)    Colors and material are used to reduce the appearance of building bulk. Use of earthtone colors is encouraged.

(5)    Building height appearance is minimized by varying the height of roof elements and setting back higher portions of the structure from prominent viewpoints.

(6)    Ridgeline silhouettes remain unbroken by building elements. Building envelopes should be allocated to the lower portions of hillside lots, where feasible.

(7)    The structure(s) is compatible in terms of proportion, size, mass and height with homes within the surrounding neighborhood.

(8)    Architectural features break up massing. This can be accomplished by varying roof lines, puncturing large wall expanses with bay windows or recessed wall planes, or using a combination of vertical and horizontal architectural elements.

(9)    Landscaping helps blend the structure(s) with the natural environmental setting of the site. This can be done by preserving existing vegetation as much as possible, siting the structure(s) to take advantage of existing trees and land forms, and by planting fast-growing, native landscaping to screen elements visible from viewpoints located off the parcel on which the structure is located.

(10)    The view to adjacent properties is controlled. This can be done by minimizing second-story windows facing close neighboring properties, orienting upper floor balconies and decks toward large yard areas, locating the structure on the site as far from property lines as possible, and using landscaping to enhance privacy.

(11)    The location of the structure(s) on the site minimizes view blockage within public viewsheds. [Ord. 5182 § 5, 2014; Ord. 5152 § 5, 2013; Ord. 5119 § 19, 2012; Ord. 4312 § 1, 1994; Ord. 4286 § 1, 1993; Ord. 4122 § 4, 1991; Ord. 4119 § 4, 1991; Ord. 4097 § 6, 1990].

13.10.326 Residential density bonus for affordable housing.

Within the Coastal Zone, the approving body (or the Coastal Commission on appeal) may approve additional units under density bonus provisions if the following criteria are met:

(A)    The additional units are consistent with Coastal Act Section 30604(f), Government Code Section 65915 and Chapter 17.12 SCCC; and

(B)    The project is found to be in conformity with the Local Coastal Program provisions that ensure no impact on Coastal resources (including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access and open space protections). [Res. 79-2019, 2019; Ord. 5286 § 4, 2018; Ord. 5055 § 2, 2009].

Article III. Commercial Districts

13.10.331 Purposes of commercial districts.

In addition to the general objectives of this chapter, the commercial districts are included in the zoning ordinance in order to achieve the following purposes:

(A)    General Purposes.

(1)    To provide for retail stores, offices, service establishments, recreational establishments, and wholesale businesses offering a range of commodities and services adequate to meet the needs of County residents and visitors, of different geographical areas in the County and of their various categories of patrons.

(2)    To contain commercial facilities in appropriately located areas, avoiding new freeway oriented development and new strip commercial uses, and providing opportunities for commercial uses to concentrate for the convenience of the public and in mutually beneficial relationships to each other.

(3)    To ensure that commercial facilities and uses are compatible with the level of available public facilities and services, minimizing traffic congestion and preventing the overloading of utilities and public services.

(4)    To ensure that commercial development is compatible with natural resource protection, environmental quality, and the scenic setting of the County.

(5)    To ensure that commercial facilities are constructed and operated such that they are compatible with adjacent development, and that high standards of urban design are maintained, minimizing impacts on residential areas and providing for adequate site layout, protection of solar access to adjacent property, landscaping, sign and building design and size, and on-site parking, loading, and circulation.

(6)    To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses, and from fire, explosion, noxious fumes and other hazards.

(7)    To provide space for community facilities and institutions which appropriately may be located in commercial areas.

(8)    To provide for a mixture of commercial and residential uses where the advantages of such a mixture, such as convenience, atmosphere, and low energy use, can be maximized, and the conflicts, such as noise, traffic, and lack of adequate visual amenities, can be reduced to an acceptable level. Residential uses are intended to be incidental or secondary to commercial use of a site, or as otherwise provided by a village design plan.

(9)    To maximize efficient energy use and energy conservation in commercial uses, and to encourage the use of locally available renewable energy resources.

(B)    Specific PA Professional-Administrative Office District Purposes. To provide for professional and administrative office uses in areas where such use is designated on the General Plan, or in areas designated for neighborhood, community or service commercial use, particularly where an office use can provide a buffer use between residential areas and the more intensive commercial or industrial activities. Professional and administrative office uses are intended to be low impact, nonretail activities. The PA District is intended to allow a compatible collection of related services within a development and may include a variety of retail and service uses where they are ancillary and incidental to office uses on a site.

(C)    Specific VA Visitor Accommodations District Purposes. To provide areas specifically reserved for visitor accommodations and limited appurtenant uses. To allow a broad range of such overnight or extended stay lodging for visitors and to recognize these as commercial uses. The Visitor Accommodations District is intended to be located primarily in areas designated visitor accommodation or in areas designated as community commercial on the General Plan, and in locations where there are existing or approved (at the date of this section) visitor accommodations developments. All visitor accommodations are intended to be located where adequate access and public services and facilities are available, and to be designed and operated to be compatible with adjacent land uses, utilize and complement the scenic and natural setting of the area, and provide proper management and protection of the environment and natural resources.

(D)    Specific CT Tourist Commercial District Purposes. To encourage and recognize a narrow range of visitor serving uses in appropriate locations in the County on major transportation corridors or in commercial centers where properties have a land use designation on the General Plan of neighborhood or community commercial. Visitor serving uses allowed in this zone district include primarily food services, auto fueling, visitor accommodations, and related accessory uses.

(E)    Specific C-1 Neighborhood Commercial District Purposes. To provide compact and conveniently located shopping and service uses to meet the limited needs within walking distance of individual urban neighborhoods or centrally located to serve rural communities. Neighborhood commercial uses and facilities are intended to be of a small scale, with a demonstrated local need or market, appropriate to a neighborhood service area, and to have minimal adverse traffic, noise, or aesthetic impacts on the adjacent residential areas.

(F)    Specific C-2 Community Commercial District Purposes. To provide centers of concentrated commercial uses accommodating a broad range and mixture of commercial activities, serving the general shopping and service needs of community-wide service areas, and including visitor accommodations. This district is intended to be applied to areas designated on the General Plan as community commercial. The Community Commercial Districts are intended to have definite boundaries to promote the concentration of commercial uses.

(G)    Specific C-4 Commercial Services District Purposes. To meet the commercial services needs of the various communities in the County by allowing a broad range of commercial services uses in areas reserved for and designated as commercial services on the General Plan. Commercial service uses are intended primarily to be nonretail in nature, such as building material suppliers, auto repair, or freight terminals, and to be nonpolluting. These uses usually need large sites, proximity to major streets to handle truck traffic, and in some cases need access to rail transportation. The Commercial Services Districts are intended to be located in areas where the impacts of noise, traffic, and other nuisances and hazards associated with such uses will not adversely affect other land uses. Commercial recreational uses needing large sites and good access, such as drive-in theaters or indoor arenas, are also included in this district. [Ord. 4836 § 78, 2006; Ord. 4346 § 15, 1994; Ord. 3501 § 7, 1984; Ord. 3432 § 1, 1983].

13.10.332 Commercial uses.

(A)    Principal Permitted Uses.

(1)    In the Coastal Zone, the principal permitted uses in the commercial districts shall be as follows:

PA professional and administrative offices;

VA visitor accommodations;

CT visitor serving uses and facilities;

C-1 neighborhood-serving, small-scale commercial services and retail uses;

C-2 community-serving, large-scale retail uses and small-scale commercial services;

C-4 commercial services of all types and uses needing large sites or outdoor use areas; including appurtenant uses and structures.

(2)    Principal permitted uses are all denoted as uses requiring a Level IV or lower approval unless otherwise denoted with the letter P in the commercial uses chart in subsection (B) of this section. In the Coastal Zone, actions to approve uses other than principal permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, as provided in Chapter 13.20 SCCC, any development is appealable.

(B)    Allowed Uses.

(1)    The uses allowed in the commercial districts shall be as provided in the following commercial uses chart. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the commercial zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123.

(2)    Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the commercial zone districts.

 

COMMERCIAL USES CHART

KEY:

A

=

Use must be ancillary and incidental to a principal permitted use on the site

P

=

Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone

BP

=

Building Permit Only

 

 

 

1

=

Approval Level I (administrative)

2

=

Approval Level II (administrative, plans required)

3

=

Approval Level III (administrative, field visit required)

4

=

Approval Level IV (administrative, public notice required)

5

=

Approval Level V (public hearing by Zoning Administrator required)

6

=

Approval Level VI (public hearing by Planning Commission required)

7

=

Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

 

 

 

=

Use not allowed in this zone district

*

=

Level IV for projects of less than 5,000 square feet

 

 

Level V for projects of 5,000 to 20,000 square feet

 

 

Level VI for projects of 20,000 square feet and larger

USE

PA

VA

CT

C-1

C-2

C-4

Accessory structures and uses (not principal permitted uses unless associated with a principal permitted use), including:

 

 

 

 

 

 

Accessory structures, nonhabitable, not including warehouses

 

 

 

 

 

 

Less than 500 square feet

3

3

3

3

3

3

500—2,000 square feet

4

4

4

4

4

4

Greater than 2,000 square feet

5

5

5

5

5

5

Outdoor storage, incidental to an allowed use, and screened from public streets and adjacent property

 

 

 

 

 

 

Less than 500 square feet

3A

3A

3A

3A

3A

3A

500—2,000 square feet

4A

4A

4A

4A

4A

4A

Parking, on-site, in accordance with SCCC 13.10.550, et seq.

4

4

4

4

4

4

Parking facilities for off-site uses when developed according to SCCC 13.10.550, et seq.

4

4

4

4

4

4

Recycling collection facilities in accordance with SCCC 13.10.658:

 

 

 

 

 

 

Reverse vending machines

1

1

1

1

1

1

Small collection facilities

4

4

4

4

4

4

Signs in accordance with SCCC 13.10.581

4

4

4

4

4

4

Signs, for change of use pursuant to a master use permit

1

1

1

1

1

1

Adult entertainment, subject to SCCC 13.10.621, 13.10.622 and 13.10.623 including adult bookstores; adult motion picture theaters, bath establishments

5/6*

Agricultural service establishments not engaged in hazardous chemicals

5/6*

Animal services (subject to SCCC 13.10.642), including:

 

 

 

 

 

 

Animal grooming services and other animal services where the animals do not stay overnight

4/5/6*

4/5/6*

4/5/6*

Boarding kennels, veterinarian’s offices, small animal hospitals, animal shelters and pounds, including the short-term boarding of animals

4/5/6*

Outdoor exercise yards in connection with the above

5/6*

Veterinary clinics or offices with no overnight boarding of animals

4/5/6*

4/5/6*

Automobile service stations; subject to the provisions of SCCC 13.10.656 and 13.10.657

 

 

 

 

 

 

Gas stations with car washes, service bays and/or vehicle repair services

5/6*

5/6*

5/6*

Gas stations or gas pumps with no service bays nor vehicle repair service

5/6*

5/6*

5/6*

5/6*

Banks, including:

4/5/6*

4/5/6*A

4/5/6*

4/5/6*

Automated bank teller facilities

 

 

 

 

 

 

Savings and loan companies

 

 

 

 

 

 

Boat and marine services, such as:

4/5/6*

Boat building

 

 

 

 

 

 

Boat rentals, sales, and services

 

 

 

 

 

 

Boat storage

 

 

 

 

 

 

Commercial fishing facilities

 

 

 

 

 

 

Marine services and launching facilities

 

 

 

 

 

 

Cannabis cultivation (commercial) (subject to SCCC 13.10.650)Ŧ

 

 

 

 

 

 

Indoor cultivation (existing legal structure other than greenhouse)

 

 

 

 

 

 

< 5,000 square feet

1^PRG3/4N

5,000 to 20,000 square feet

1^PRG3/4N

> 20,000 square feet

1^PRG3/4N

New indoor cultivation structure (other than greenhouse)

 

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

 

 

 

< 5,000 square feet

4

5,000 to 20,000 square feet

5

> 20,000 square feet

6

Inside Coastal Zone and 1-mile buffer

Greenhouse (existing legal), conversion, replacement, reconstruction, or structural alteration

 

 

 

 

 

 

< 5,000 square feet

3/4N

5,000 to 20,000 square feet

3/4N

> 20,000 square feet

3/4N

Greenhouse (new)

 

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

 

 

 

< 5,000 square feet

4

5,000 to 20,000 square feet

5

> 20,000 square feet

6

Inside Coastal Zone and 1-mile buffer

Water tank (accessory to cannabis use)

3

Outdoor cultivation

Hoop house cultivation

Cannabis Manufacturing (commercial) (subject to SCCC 13.10.650)Ŧ

 

 

 

 

 

 

Classes 1—2

 

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer, existing legal structure

 

 

 

 

 

 

< 2,000 square feet

4**

1RG/4

2,000—20,000 square feet

5**

1RG/5

> 20,000 square feet

6**

1RG/6

Outside Coastal Zone and 1-mile buffer, new structure

 

 

 

 

 

 

< 2,000 square feet

4**

4

2,000—20,000 square feet

5**

5

> 20,000 square feet

6**

6

Inside Coastal Zone and 1-mile buffer, existing legal structure

 

 

 

 

 

 

< 2,000 square feet

4**

1RG/4

2,000 to 20,000 square feet

5**

1RG/5

> 20,000 square feet

6**

1RG/6

Class 3

 

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer, new or existing legal structure

 

 

 

 

 

 

< 2,000 square feet

4

2,000 to 20,000 square feet

5

> 20,000 square feet

6

Inside Coastal Zone and 1-mile buffer, existing legal structure

 

 

 

 

 

 

< 2,000 square feet

4

2,000 to 20,000 square feet

5

> 20,000 square feet

6

Cannabis Distribution (subject to SCCC 13.10.650)Ŧ

 

 

 

 

 

 

Class 1

 

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer, new structure

 

 

 

 

 

 

< 2,000 square feet

3

> 2,000 square feet

5

Outside Coastal Zone and 1-mile buffer, existing legal structure

P**

P

Inside Coastal Zone and 1-mile buffer, existing legal structure

P**

P

Class 2

 

 

 

 

 

 

Outside Coastal Zone and 1-mile buffer, existing legal structure

P**

P

Outside Coastal Zone and 1-mile buffer, new structure

4/5/6* **

4/5/6*

Inside Coastal Zone and 1-mile buffer, existing legal structure

P**

P

Transport Only

P

P

P

Ŧ With a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer.

N Level 4 approval applies to all use permits where the parcel is adjacent to another parcel zoned PR or a parcel zoned A, AP, RA, RR, R-1, RB, RM, TP, SU which contains a residential structure.

^ Level 1 Use Permit is only valid for cultivation when cultivation is done in conjunction with cannabis manufacturing and/or cannabis distribution.

P Level 1 change of use process may be applied to cannabis uses within the C-4 zone district, subject to the criteria in SCCC 13.10.332(B) commercial change of use within existing structures.

RG Must be located within the Rodeo Gulch Zoning Overlay.

**Cannabis distribution activities may occur only in conjunction with a licensed dispensary on the parcel. Cannabis manufacturing activities may occur only in conjunction with a licensed dispensary on the parcel, unless an exception is granted pursuant to SCCC 13.10.650(D)(2)(g).

Clubs, private, including garden clubs, fraternal lodges, community service organizations, meetings halls and conference rooms

4/5/6*

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*

4/5/6*

Commercial change of use within existing structures:

 

 

 

 

 

 

Change of use in accordance with an approved master occupancy program

1

1

1

1

1

1

Change of use subject to the Felton or Ben Lomond Town Plan, the Boulder Creek Specific Plan, or the Soquel, Seacliff or Aptos Village Plan, to a use in conformance with the applicable plan and not resulting in an intensification of use

1

1

1

1

1

4

Change from a use conforming to a valid development (use) permit, to another use allowed in the zone district which will not result in an intensification of use

1

1

1

1

1

4/5/6*

Change from a use conforming to a valid development (use) permit, to another use allowed in the zone district which will result in an intensification of use

4

4

4

4

4

4/5/6*

Change from a use not approved by a valid development (use) permit, to another use allowed in the zone district for projects of:

 

 

 

 

 

 

Under 5,000 square feet

4

4

4

4

4

4

5,000—20,000 square feet

4

4

4

4

4

5

Over 20,000 square feet

4

5

5

5

5

6

(For legal, nonconforming uses, see SCCC 13.10.260 and 13.10.261 for additional requirements)

 

 

 

 

 

 

Commercial recreation and entertainment, indoor, subject to SCCC 13.10.654, such as:

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*

Auditoriums, indoor

 

 

 

 

 

 

Bowling alleys

 

 

 

 

 

 

Card rooms

 

 

 

 

 

 

Dancing establishments; dance halls; discos

 

 

 

 

 

 

Game establishments; pinball and video game rooms (see SCCC 13.10.700-G, 13.10.700-V definitions)

 

 

 

 

 

 

Nightclubs

 

 

 

 

 

 

Pool halls

 

 

 

 

 

 

Theaters, indoor

 

 

 

 

 

 

Commercial recreation, general, involving outdoor facilities, public assembly, or large sites, such as:

5/6*

Flea markets

 

 

 

 

 

 

Miniature golf course; putting greens; par 3 golf; driving ranges

 

 

 

 

 

 

Skateboard parks

 

 

 

 

 

 

Skating rinks

 

 

 

 

 

 

Sports arenas, stadiums

 

 

 

 

 

 

Swimming pools, public

 

 

 

 

 

 

Theaters, drive-in (subject to SCCC 13.10.622)

 

 

 

 

 

 

Commercial services, personal, such as:

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*

Barber shops

 

 

 

 

 

 

Beauty shops

 

 

 

 

 

 

Commercial services, neighborhood, such as:

4/5/6*

4/5/6*

4/5/6*

Copy and duplicating services

 

 

 

 

 

 

Dressmakers

 

 

 

 

 

 

Dry cleaners using nonflammable nonexplosive solvents

 

 

 

 

 

 

Film processing, ancillary and incidental to a permitted retail or service use

 

 

 

 

 

 

Food lockers

 

 

 

 

 

 

Laundries; self-service laundries

 

 

 

 

 

 

Locksmiths

 

 

 

 

 

 

Picture framing shops

 

 

 

 

 

 

Printing shops, light; duplicating services

 

 

 

 

 

 

Repair shops, for the repair of small appliances; radio, stereo, and television repair

 

 

 

 

 

 

Shoe repair shops

 

 

 

 

 

 

Tailors

 

 

 

 

 

 

Tool or cutlery sharpening or grinding services

 

 

 

 

 

 

Commercial services, community, such as:

4/5/6*

4/5/6*

Auction rooms

 

 

 

 

 

 

Catering services

 

 

 

 

 

 

Gunsmiths

 

 

 

 

 

 

Mortuaries (not including crematories)

 

 

 

 

 

 

Rental shops: medical, clothing, household goods, etc; indoor

 

 

 

 

 

 

Taxidermists

 

 

 

 

 

 

Upholstery shops (auto upholstery allowed only in C-4)

 

 

 

 

 

 

Commercial services, general, indoor, such as:

4/5/6*

Commercial cleaning services, including: linen services; dry cleaning and dyeing plants; carpet cleaning shops; diaper supply services; mattress reconditioning

 

 

 

 

 

 

Contractor’s shops including: glass shops; plumbing shops; sheet metal shops; heating and ventilating shops

 

 

 

 

 

 

Exterminators

 

 

 

 

 

 

Laboratories and related facilities for research, experimentation, testing, film processing

 

 

 

 

 

 

Printing, lithographing, engraving, book binding

 

 

 

 

 

 

Repair shops, including household and office equipment repair; safe and vault repair

 

 

 

 

 

 

Storage buildings for household goods, mini-storage

 

 

 

 

 

 

Commercial services, general, involving outdoor use, heavy trucking, or vehicle use and storage, such as:

4/5/6*

Automobile repair and service shops operated partly out of doors

 

 

 

 

 

 

Automobile rental enterprises

 

 

 

 

 

 

Automobile washing, polishing, and detailing services

 

 

 

 

 

 

Parcel shipping and delivering services

 

 

 

 

 

 

Taxi company with vehicle parking and storage

 

 

 

 

 

 

Contractors’ and heavy equipment storage and rental yards, including storage yards for commercial vehicles; bus or transit service yards for the storage, servicing and repair of transit vehicles

 

 

 

 

 

 

Outdoor storage yards for recreational vehicles, trailers, boats

 

 

 

 

 

 

Recycling centers, including large collection facilities and processing facilities

 

 

 

 

 

 

Shipping terminals, including trucking terminals, packing and crating services, shipping services, freight forwarding terminals

 

 

 

 

 

 

Storage facilities, including cold-storage plants; ice storage warehouses, excluding the storage of fuel or flammable liquids

 

 

 

 

 

 

Community facilities, such as:

4/5/6*

4/5/6*A

4/5/6*

4/5/6*

4/5/6*

Bus or transit stations (storage, servicing or repair of vehicles allowed only in C-4)

 

 

 

 

 

 

Churches and other religious centers or institutions

 

 

 

 

 

 

Community centers

 

 

 

 

 

 

Day-care centers (see SCCC 13.10.700-D definition)

 

 

 

 

 

 

Energy systems, community (subject to SCCC 13.10.661 and 13.10.700-E definition)

 

 

 

 

 

 

Fire stations

 

 

 

 

 

 

Libraries

 

 

 

 

 

 

Museums

 

 

 

 

 

 

Post offices

 

 

 

 

 

 

Restrooms, public

 

 

 

 

 

 

Utilities, public, structures and uses, energy facilities (see SCCC 13.10.700-E definition)

 

 

 

 

 

 

Cottage industry (see SCCC 13.10.700-C definition)

4/5/6*

4/5/6*

4/5/6*

M-1 Districts, all allowed uses; provided, that not more than 20 persons shall be engaged in the production, repair, or processing of materials on any one shift; and provided further, that regulations for the M-1 District as stated in SCCC 13.10.345 shall apply to every use

4/5/6*

Offices (not to exceed 50% of building area in C-1) such as:

 

 

 

 

 

 

Administrative offices

4/5/6*

4/5/6*A

4/5/6*

4/5/6*

4/5/6*A

Travel agencies

 

 

 

 

 

 

Addressing services

4/5/6*

4/5/6*

4/5/6*

4/5/6*A

Business offices, general

 

 

 

 

 

 

Catalog sales offices

 

 

 

 

 

 

Dental offices

 

 

 

 

 

 

Duplicating shops

 

 

 

 

 

 

Editorial offices

 

 

 

 

 

 

Executive offices

 

 

 

 

 

 

Finance offices

 

 

 

 

 

 

Fortune tellers

 

 

 

 

 

 

Insurance offices

 

 

 

 

 

 

Interior decoration studios

 

 

 

 

 

 

Laboratories, medical, optical, and dental, not including the manufacture of pharmaceutical or other similar products for general sale or distribution

 

 

 

 

 

 

Medical offices and clinics

 

 

 

 

 

 

Message services; answering services

 

 

 

 

 

 

Optical offices

 

 

 

 

 

 

Photographers; photographic studios

 

 

 

 

 

 

Professional offices

 

 

 

 

 

 

Radio and television programming stations, without transmitting towers

 

 

 

 

 

 

Real estate offices

 

 

 

 

 

 

Telegraph offices

 

 

 

 

 

 

Title companies

 

 

 

 

 

 

Open space uses according to the PR District chart (SCCC 13.10.352)

P

P

Physical culture facilities, such as:

4/5/6*A

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*

4/5/6*

Bath establishments; hot tubs, sauna establishments (subject to Chapter 5.08 SCCC)

 

 

 

 

 

 

Fitness centers

 

 

 

 

 

 

Gymnasiums

 

 

 

 

 

 

Massage establishments (subject to Chapter 5.08 SCCC)

 

 

 

 

 

 

Physical culture studios

 

 

 

 

 

 

Racquet clubs, indoor

 

 

 

 

 

 

Spas

 

 

 

 

 

 

Radio and television broadcasting stations including transmitting towers, subject to SCCC 13.10.655

4/5/6*

4/5/6*

4/5/6*

4/5/6*

Residential uses, such as:

 

 

 

 

 

 

Dwelling units, single-family and multifamily, up to 50% (67% if project is 100% affordable) of the floor area of the entire development, developed according to development standards of urban high residential

 

 

 

 

 

 

1—4 units

5

 

5

5

5—19 units

6

 

6

6

20+ units

7

 

7

7

Accessory Dwelling Units (ADUs), subject to SCCC 13.10.681

BP

BP

BP

Junior Accessory Dwelling Units (JADUs) in single-family dwellings, subject to SCCC 13.10.681

BP

BP

BP

Child care homes, large family (must be in conjunction with residential use) (see SCCC 13.10.686 and 13.10.700-C definition)

5

5

5

Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

P

P

Convalescent hospitals

4/5/6*

 

 

Hosted rentals, subject to SCCC 13.10.690

1P

1P

1P

1P

1P

1P

Nursing homes (see SCCC 13.10.700-N definition)

4/5/6*

 

Permanent room housing (subject to SCCC 13.10.424 through 13.10.429)

61

61,2

61,2

61

61

61

Residential care homes serving 6 or fewer residents (see SCCC 13.10.700-R definition)

P

P

P

P

P

P

Restaurants; bars, food service subject to SCCC 13.10.651 in the PA Zone District; such as:

 

 

 

 

 

 

Bar, micro-breweries, brew pubs, subject to SCCC 13.10.654 (ancillary to restaurants in C-1)

 

 

 

 

 

 

Bakeries; baked foods stores

 

 

 

 

 

 

Candy stores

 

 

 

 

 

 

Cheese stores

 

 

 

 

 

 

Delicatessens

 

 

 

 

 

 

Donut shops

 

 

 

 

 

 

Ice cream shops

 

 

 

 

 

 

Restaurants

 

 

 

 

 

 

Sandwich shops

 

 

 

 

 

 

Other food specialty outlets

 

 

 

 

 

 

In buildings of 500 square feet or less

4A

4A

4

4

4

4

In buildings of larger than 500 square feet

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*

4/5/6*

Outdoor food service

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*

4/5/6*

Retail sales, neighborhood, such as:

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*

4/5/6*A

Antique stores

 

 

 

 

 

 

Art and handicraft sales and service

 

 

 

 

 

 

Art galleries

 

 

 

 

 

 

Bicycle rentals

 

 

 

 

 

 

Bicycle shops

 

 

 

 

 

 

Bookstores

 

 

 

 

 

 

Candy stores

 

 

 

 

 

 

Clock and watch sales and repair

 

 

 

 

 

 

Clothing stores

 

 

 

 

 

 

Flower shops

 

 

 

 

 

 

Food stores; grocery stores, limited to 20,000 square feet in the C-1 District

 

 

 

 

 

 

Gift shops

 

 

 

 

 

 

Hardware stores

 

 

 

 

 

 

Jewelry stores

 

 

 

 

 

 

Liquor stores

 

 

 

 

 

 

Luggage stores

 

 

 

 

 

 

Musical instrument and recordings sales and repair

 

 

 

 

 

 

Newspaper and magazine sales

 

 

 

 

 

 

Pet shops

 

 

 

 

 

 

Photographic equipment and supplies

 

 

 

 

 

 

Plant shops, for indoor sales of plants in containers

 

 

 

 

 

 

Produce markets

 

 

 

 

 

 

Recreational equipment sales, rentals and services, such as sporting goods, bait and tackle, marine hardware and supplies, diving equipment, bicycles, roller skates, surfboards, windsurfers

 

 

 

 

 

 

Shoe stores

 

 

 

 

 

 

Sporting goods stores

 

 

 

 

 

 

Stationery stores

 

 

 

 

 

 

Toy stores

 

 

 

 

 

 

Tobacco shops

 

 

 

 

 

 

Variety stores

 

 

 

 

 

 

Video sales and rentals

 

 

 

 

 

 

Wine tasting and sales rooms

 

 

 

 

 

 

Drug stores; pharmacies, medical appliances and supplies

4/5/6*A

4/5/6*A

4/5/6*A

4/5/6*A

4/5/6*

4/5/6*A

Retail sales, community, such as:

4/5/6*

4/5/6*A

Appliance showrooms

 

 

 

 

 

 

Automobile supply stores

 

 

 

 

 

 

Business machine stores

 

 

 

 

 

 

Computer sales and service

 

 

 

 

 

 

Department stores

 

 

 

 

 

 

Fabric and sewing materials stores

 

 

 

 

 

 

Floor covering showrooms

 

 

 

 

 

 

Food stores; grocery stores

 

 

 

 

 

 

Furniture stores

 

 

 

 

 

 

Garden supply stores

 

 

 

 

 

 

Home furnishing and decorating stores

 

 

 

 

 

 

Household appliances stores

 

 

 

 

 

 

Kitchen/bath/housewares stores

 

 

 

 

 

 

Orthopedic and appliances sales and rentals

 

 

 

 

 

 

Paint stores

 

 

 

 

 

 

Pawnshops

 

 

 

 

 

 

Scientific instrument stores

 

 

 

 

 

 

Secondhand stores

 

 

 

 

 

 

Stamp and coin stores

 

 

 

 

 

 

Stores for display and retail sales of lighting, plumbing, heating, refrigeration, ventilation, fixtures and equipment

 

 

 

 

 

 

Warehouse stores selling to members of the general public

 

 

 

 

 

 

Retail sales, requiring large sites, large showrooms, or outdoor sales areas, such as:

4/5/6*

Automobile sales and service, including automobile repair and service garages operated entirely within enclosed buildings or screened from public streets; automobile sales; automobile upholstery installers, indoor; tire stores, including installation; used car sales lots.

 

 

 

 

 

 

Building materials yards, including: lumber yards, not including planing mills or sawmills; building materials yards other than gravel, rock or cement yards; storage, bulk, or rock, gravel, sand, and aggregates in bins not to exceed a capacity of 5 yards each, limited to a maximum of 10 bins per site

 

 

 

 

 

 

Feed and farm supply stores

 

 

 

 

 

 

Firewood processing and sales

 

 

 

 

 

 

Mobilehome sales and service

 

 

 

 

 

 

Motorcycle sales and services

 

 

 

 

 

 

Nurseries selling plants in containers; garden centers

 

 

 

 

 

 

Recreational vehicle and trailer sales and service

 

 

 

 

 

 

Retail sales of large appliances or equipment needing large showrooms

 

 

 

 

 

 

Wholesale suppliers

 

 

 

 

 

 

Schools, studios and conference facilities, such as

4/5/6*

4/5/6*A

4/5/6*

4/5/6*

4/5/6*

Arts and crafts studios or schools

 

 

 

 

 

 

Conference and seminar facilities without overnight accommodations

 

 

 

 

 

 

Dance studios or schools

 

 

 

 

 

 

Music studios or schools

 

 

 

 

 

 

Preschool, elementary, secondary and college facilities

 

 

 

 

 

 

Professional, trade, business and technical schools

 

 

 

 

 

 

Visitor accommodations, subject to SCCC 13.10.335(B), such as:

 

 

 

 

 

 

Time-share, visitor accommodations subject to SCCC 13.10.693

 

 

 

 

 

 

1—4 units

5

5—19 units

6

20+ units

7

Type A uses: Hotels; inns, pensions, lodging houses, “bed and breakfast” inns, motels, recreational rental housing units (see SCCC 12.02.020(10))

 

 

 

 

 

 

1—4 units

5P

5

5

5—19 units

6P

6

6

20+ units

7P

7

7

Type B uses: Organized camps; group camps; conference centers (subject to SCCC 13.10.692); hostels; recreational vehicles camping parks; tent-camping parks

 

 

 

 

 

 

1—4 units

5

5

5—19 units

6

6

20+ units

7

7

Wineries (see definition in SCCC 13.10.700-W)

4/5/6*

Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive

BP/5

BP/5

BP/5

BP/5

BP/5

BP/5

(1)    Coastal Zone properties are subject to Local Coastal Program policies related to conversion of priority uses.

(2)    In the Coastal Zone, VA- and CT-zoned parcels are not eligible for the PRH Combining District.

[Ord. 5439 § 3, 2023; Ord. 5402 § 3, 2022; Ord. 5366 § 1, 2021; Ord. 5346 § 1, 2020; Ord. 5336 § 4, 2020; Ord. 5334 § 4, 2020; Ord. 5326 § 8, 2020; Ord. 5325 § 8, 2020; Ord. 5305 § 3, 2019; Ord. 5302 § 2, 2019; Ord. 5272 § 4, 2018; Ord. 5266 § 3, 2018; Ord. 5169 § 4, 2013; Ord. 5119 §§ 20—22, 2012; Ord. 5090 § 2, 2011; Ord. 5061 § 13, 2009; Ord. 4921 § 8, 2008; Ord. 4836 §§ 79—84, 2006; Ord. 4814 § 2, 2006; Ord. 4808 § 17, 2005; Ord. 4770 § 4, 2004; Ord. 4744 § 4, 2003; Ord. 4715 § 4, 2003; Ord. 4577 § 4, 1999; Ord. 4525 §§ 5, 6, 1998; Ord. 4496-C §§ 13—20, 1998; Ord. 4426 §§ 1, 2, 1996; Ord. 4346 § 16, 1994; Ord. 4285 § 1, 1993; Ord. 4217 § 2, 1992; Ord. 3965 § 1, 1988; Ord. 3943 § 1, 1988; Ord. 3843 §§ 1, 2, 1987; Ord. 3767 § 1, 1986; Ord. 3669 § 1, 1985; Ord. 3632 § 10, 1985; Ord. 3593 § 8, 1984; Ord. 3588 § 5, 1984; Ord. 3432 § 1, 1983].

13.10.333 Development standards for commercial districts.

(A)    Site and Structural Dimensions. The following minimum parcel size, frontage, yard dimensions, and building height limits shall apply within all commercial zone districts, except as noted elsewhere in this section or in the general exceptions as noted in SCCC 13.10.510, et seq.

 

COMMERCIAL SITE AND STRUCTURAL DIMENSIONS CHART1,2,4 

District Designation

Minimum Site Area per Parcel (net developable square feet)

Minimum Parcel Frontage (feet)

Minimum Yards (feet)

Maximum Building Height Limit (feet)3

Front

Side

Rear

PA

10,000

60

10

Interior: 0 Street: 10

10

3 stories, but not to exceed 35 feet

VA

10,000

60

10

10

10

3 stories, but not to exceed 35 feet

CT

10,000

60

10

0

0

3 stories, but not to exceed 35 feet

C-1

10,000

60

10

0

0

3 stories, but not to exceed 35 feet

C-2

10,000

60

10

0

0

3 stories, but not to exceed 35 feet

C-4

10,000

60

10

0

0

3 stories, but not to exceed 35 feet

Footnotes:

(1)    See also general site standards exceptions in SCCC 13.10.510, 13.10.520 and 13.10.521.

(2)    Subject to exceptions as provided in subsections (B) and (C) of this section.

(3)    See also Chapter 12.28 SCCC, Solar Access Protection; subject to solar access requirements in SCCC 13.11.072.

(4)    See also Accessory Dwelling Unit site development standards in SCCC 13.10.681. Where there are conflicts between commercial site and structural dimensions chart and SCCC 13.10.681, SCCC 13.10.681 shall take precedence.

(B)    Yards, Exceptions.

(1)    See Chapter 16.50 SCCC regarding setback/buffer requirements for parcels abutting agricultural uses.

(2)    See SCCC 13.10.681(D) regarding setback requirements for Accessory Dwelling Units.

(3)    Reversed Corner Lots. On a reversed corner lot adjoining a key lot in an R or A District, the minimum side yard adjoining the street shall be not less than one-half of the required front yard on the key lot.

(4)    Abutting an R or A District. The minimum side or rear yard, in feet, abutting any residential or any agricultural district shall be as follows:

PA

VA

CT

C-1

C-2

C-4

Same as the abutting R or A District

Same as the abutting R or A District

30

30

30

30

(5)    Across a Street from an R or A District. The minimum side or rear yard on a street or alley across from any residential or any agricultural district shall be 10 feet.

(C)    Stories, Exception. In any applicable commercial zone district, a proposal to exceed three stories in a hotel or motel may be considered in conjunction with a proposal to increase the height limit by up to five feet pursuant to SCCC 13.10.510(D)(2).

(D)    Other Regulations. Other development standards applicable to commercial zone districts are contained in the following sections of this code:

 

SCCC

Accessory Dwelling Units

13.10.681

Agricultural buffers/setbacks

16.50.095

Design review

13.11.010, et seq.

Fences

13.10.525

General site standards

13.10.510, et seq.

Minimum parcel sizes

13.10.510(g)

Parking

13.10.550, et seq.

Signs

13.10.580, et seq.

Trip reduction requirements (development projects for 50 or more employees)

5.52

Use of nondevelopable land

13.10.671

Use of urban open space land

13.10.672

[Ord. 5326 §§ 9—11, 2020; Ord. 5325 §§ 9—11, 2020; Ord. 5171 §§ 1, 2, 2014; Ord. 4836 § 85, 2006; Ord. 4496-C § 21, 1998; Ord. 4346 § 17, 1994; Ord. 4314 § 3, 1994; Ord. 4217 § 3, 1992; Ord. 3501 § 8, 1984; Ord. 3432 § 1, 1983].

13.10.334 Public facilities requirements for commercial districts.

(A)    All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection. A letter indicating all Fire Department requirements shall be submitted with the project application.

(B)    All requirements of the local sanitation district and water district shall be met. Letters indicating adequate sewer and water service to the project shall be submitted with the project application. Within the Coastal Zone, adequate system capacity shall be reserved for priority coastal uses as per SCCC 17.02.070.

(C)    All improvement requirements and fees shall be met for drainage districts, transportation improvement zones, and roadside improvement districts where required by district or section regulations (SCCC Title 15).

(D)    The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For commercial projects of 6,000 square feet or larger, a letter indicating the Transit District’s recommendation shall be submitted with the project applications. [Ord. 4346 § 18, 1994; Ord. 4263 § 2, 1993].

13.10.335 Special standards and conditions for commercial districts.

(A)    C-1, C-2 and C-4 Use Standards.

(1)    In the C-1 or C-2 Districts, all business, services and processes shall be conducted entirely within a completely enclosed structure except for outdoor food and drink establishments, recycling collection facilities, off-street parking and loading areas, gasoline stations, garden supply stores, Christmas tree lots, bus depots, transit stations, public utility uses, and radio and television transmission towers. Outside storage of stock-in-trade may be allowed pursuant to a Level IV approval; provided, that the storage area is adequately screened from view from adjacent parcels.

(2)    In the C-1 District, all products produced on the site of any of the permitted uses shall be sold, primarily at retail only, on the site where produced.

(3)    In the C-1 District not more than five persons, and in a C-2 District not more than 10 persons, shall be engaged in the production, repair or processing of materials on any one site, except that this provision shall not apply to bars, restaurants and soda fountains.

(4)    In the C-4 District, all office and retail uses that are required to be ancillary and incidental shall be related to the main use of the site such as business offices to operate the permitted use or the retail sale of goods produced or served as a part of the primary permitted use.

(B)    Visitor Accommodations Use Standards. Visitor accommodations referenced in this section are as defined in SCCC 13.10.700-V, under “Visitor accommodations (VA) unit” and “Visitor accommodations, Types A and B.”

(1)    Allowed Densities.

(a)    Type A visitor accommodations are not subject to a maximum density standard.

(b)    Type B Visitor Accommodations.*

(i)    RV or tent camps: one site/1,300 net developable square feet.

(ii)    Hostels: one bed/325 net developable square feet.

(iii)    Group quarters: two beds/1,300 net developable square feet.

* Each square foot of net developable area shall be counted only once for the purpose of calculating the number of beds or the number of sites.

(c)    Employee Housing. All on-site residential units shall be reserved for exclusive use by owners and employees, shall not substantially reduce or degrade the use of the site for visitor accommodations, and shall comply with the following requirements:

(i)    Employees for Type A units: Maximum of one employee dwelling unit per site.

(ii)    Employees for Type B units: The number of employee dwelling units shall be based on a demonstrated need for residential employees and approval of such shall be stated as a permit condition. Permanent residential units for site personnel shall be in place of density credits for Type B visitor accommodations units at the rate of one kitchen and up to five permanent residents per 3,000 net developable square feet.

(d)    Density Determinations.

(i)    All values given in SCCC 13.10.335(B)(1)(b) are maximums and may be reduced as follows:

A. When Type A uses are combined with Type B uses on a site, the total number of visitor accommodations rooms or units shall reflect service and access constraints, parking availability, environmental impact mitigation and compliance with Chapter 13.11 SCCC.

B. Inside the Coastal Zone, the performance standards in Figure 2-5 in the Local Coastal Program Land Use Plan for priority accommodations sites also apply.

(2)    Permit Review.

(a)    Development permits for visitor accommodations shall be evaluated for consistency with the following policies:

(i)    A diversity of all types of visitor accommodations shall be provided in the Coastal Zone consistent with Local Coastal Program Land Use Plan policy.

(ii)    Visitor accommodation projects on priority sites shall serve primarily the general public, rather than any particular group or organization.

(iii)    Visitor accommodations development in areas designated for neighborhood or community commercial use shall not adversely affect the integrity of retail commercial centers.

(iv)    Lower cost visitor-serving uses shall, as feasible, be protected, encouraged and provided.

(b)    The following standards shall apply to all visitor accommodations projects and shall be incorporated into conditions of approval:

(i)    All visitor accommodations projects shall be managed for short-term occupancy with occupancy limited to not more than 29 consecutive days and limited to 29 days in any one calendar year by an individual or group of occupants, except that single-ownership units may be occupied by the owner(s) up to 45 days in any one calendar year.

A. Notwithstanding the foregoing, visitor accommodations described as follows may be occupied by the owner(s) up to 90 days in one calendar year: units located on coastal bluff property which has been the subject of litigation in which a remittitur was issued by the California Court of Appeal on or before April 25, 1983, in a decision requiring the County of Santa Cruz to grant either “compensating densities” in excess of “the base densities” thereon, or to grant “some other transfer of development rights,” and which litigation has been settled by “Stipulation for Judgment and Judgment Thereon.”

(ii)    Centralized, on-site management shall be provided at all times for the maintenance and operation of the visitor accommodations, related facilities, and the property. Such management may be provided by the property owner or by a separate management firm under contract. Plans for management shall be submitted to and approved by the Planning Director and a transient occupancy tax permit obtained from the Treasurer-Tax Collector by such management prior to the issuance of building permits.

(iii)    Deed restrictions running with the property and limiting use to short-term occupancy and providing for the maintenance of centralized rental and management of the facility shall be recorded prior to issuance of building permits.

(iv)    All visitor accommodations shall be subject to any County uniform transient occupancy tax ordinance or a special tax on time-share units, camping units, or other visitor accommodations. Reports of the occupancy of visitor accommodations together with payment of transient occupancy taxes or any other taxes due from the use of visitor accommodations shall be made in accordance with SCCC 4.24.080.

(C)    Master Occupancy Program Requirements.

(1)    Master Occupancy Program Requirements. When requested by a property owner, or prior to or concurrently with the approval of any new or expanded use for which a Level V or VI approval is required in any of the Commercial Use Zone Districts, a development permit for a master occupancy program may be approved by the Zoning Administrator or Planning Commission. Such approval shall be accompanied by a finding of General Plan consistency pursuant to Section 65402 of the California Government Code.

(2)    Master Occupancy Program Elements. The master occupancy program shall establish all allowed occupancies and shall include provisions for adequate site improvements for each occupancy.

(3)    Environmental Review. The adoption or amendment of a master occupancy program is a “project” within the meaning of CEQA and the County Environmental Review Guidelines and is subject to environmental review.

(4)    Development Permit Approval. Occupancy permits, when applied for pursuant to an approved master occupancy program, shall be processed as a Level I approval or other level as specified by the conditions of the master occupancy program development permit.

See also regulations for visitor accommodations special uses in SCCC 13.10.691 et seq. [Ord. 5171 § 3, 2014; Ord. 4496-C §§ 22, 23, 1998; Ord. 4346 §§ 19—21, 1994; Ord. 3994, 1989; Ord. 3843 § 4, 1987; Ord. 3432 § 1, 1983].

Article IV. Industrial Districts

13.10.341 Purposes of industrial districts.

In addition to the general objectives of this chapter, the M Industrial Districts are included in the zoning ordinance to achieve the following purposes:

(A)    General Purposes.

(1)    To reserve appropriately located areas for mineral extraction and for industrial plants and related activities, so as to encourage the productive utilization of the County’s natural resources and provide employment for County residents.

(2)    To protect areas appropriate for industrial use from intrusion by dwellings and other inharmonious uses.

(3)    To minimize the impact of industrial plants on nearby residential, agricultural and commercial properties by encouraging nuisance-free, nonhazardous industrial uses through the control of noise, odor, dust, dirt, smoke, vibration, heat, glare, truck and rail traffic and other objectionable influences and from fire, explosion, noxious fumes, radiation and other hazards associated with certain industrial uses.

(4)    To provide locations for certain types of industrial plants to concentrate in mutually beneficial relationships.

(5)    To provide adequate space to meet the needs of modern industrial development, including areas for off-street parking, truck and rail loading, and landscaping.

(6)    To minimize traffic congestion and to avoid the overloading of utilities by preventing the development of excessively intense industrial uses or the construction of buildings of excessive size in relation to available public facilities.

(7)    To maximize efficient energy use and energy conservation in industrial districts, and to encourage the use of locally available renewable energy resources.

(B)    Specific M-1 Light Industrial District Purposes. To provide areas for light industrial facilities such as assembly and other types of manufacturing which have no potential for major pollution, adverse visual impacts, or nuisance or hazard factors.

(C)    Specific M-2 Heavy Industrial District Purposes. To provide areas for heavy industrial facilities such as lumber mills and major manufacturing or processing plants; to provide standards for their establishment and operation; and to ensure their compatibility with the environment, supporting public services, and adjacent land uses.

(D)    Specific M-3 Mineral Extraction Industrial District Purposes.

(1)    To identify the location of rock, sand, gravel and other mineral resources within the County of Santa Cruz which are valuable to the orderly and economic development of the County and region.

(2)    To conserve mineral resources for future use; and to ensure that the recovery of these resources is not preempted by other uses of the land on which they are located, or by the introduction of noncompatible uses on other lands in the immediate vicinity.

(3)    To give public notice of the intent to preserve and plan for the continued or ultimate use of mineral resources and proposed access thereto.

(4)    To allow the orderly economic extraction of minerals by designating the sites of existing and potential mines and allowing for the establishment, operation, expansion and reclamation of mineral extraction facilities and sites with minimum adverse impacts on aquifers, streams, scenic values, and surrounding land uses. [Ord. 3501 § 12, 1984; Ord. 3432 § 1, 1983].

13.10.342 Uses in industrial districts.

(A)    Principal Permitted Uses.

(1)    In the Coastal Zone, the principal permitted uses in the industrial districts shall be as follows:

M-1 small light industrial facilities;

M-2 light industrial facilities in general;

M-3 mining, agriculture, and timber harvesting including appurtenant accessory uses and structures.

(2)    Principal permitted uses are all denoted as uses requiring a Level IV or lower approval or a mining permit (M) in the industrial uses chart in subsection (B) of this section. In the Coastal Zone, actions to approve uses other than principal permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases pursuant to Chapter 13.20 SCCC, any development is appealable.

(B)    Allowed Uses.

(1)    The uses allowed in the industrial districts shall be as provided in the following industrial uses chart. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the industrial zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123. For purposes of this chapter, a mining approval is a use approval.

(2)    Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the industrial zone districts, except in the M-3 Zone District pursuant to the uses chart.

INDUSTRIAL USES CHART

KEY: M-1, M-2 AND M-3 ZONE DISTRICTS

P

=

Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone

A

=

Use must be ancillary and incidental to a principal permitted use on the site

F

=

Subject to the additional findings require in SCCC 13.10.345(B)

M

=

Mining permit required (Level VI; see Chapter 16.54 SCCC, Mining Regulations)

1

=

Approval Level I (administrative, no plans required)

2

=

Approval Level II (administrative, plans required)

3

=

Approval Level III (administrative, field visit required)

4

=

Approval Level IV (administrative, public notice required)

5

=

Approval Level V (public hearing by Zoning Administrator required)

6

=

Approval Level VI (public hearing by Planning Commission required)

7

=

Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

=

Use not allowed in this zone district

*

=

Level IV for projects of less than 2,000 square feet;

 

 

Level V for projects of 2,000 to 20,000 square feet;

 

 

Level VI for projects of over 20,000 square feet

 

INDUSTRIAL USES CHART

USES

M-1

M-2

M-3

Accessory structures, nonhabitable, including:

4/5/6*

4/5/6*

4/5/6*

Outdoor storage, incidental, screened from public streets

 

 

 

Parking, on-site, developed in accordance with SCCC 13.10.550 et seq.

 

 

 

Signs in accordance with SCCC 13.10.581, Storage, incidental, or nonhazardous materials within an enclosed structure

 

 

 

Accessory structures, habitable, including:

4

4

4

Watchman’s living quarters, one, located on the same site and incidental to an allowed use

 

 

 

Agricultural service establishments

5

5

Automobile services, including:

4/5/6*

4/5/6*

Automobile service stations

 

 

 

Automobile and truck repair shops, including body work, painting, and overhauling minimum Level V required if operated partly out-of-doors and not screened from public streets)

 

 

 

Gasoline stations

 

 

 

Tire retreading and recapping services

 

 

 

Cannabis cultivation (subject to SCCC 13.10.650)Ŧ

 

 

 

Indoor cultivation (existing legal structure, other than greenhouse)

 

 

 

< 10,000 square feet

1RG/3/4N

3/4N

3/4N

> 10,000 square feet

1RG/3/4N

3/4N

3/4N

New indoor cultivation structure (other than greenhouse)

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

< 2,000 square feet

4

5

5

2,000—20,000 square feet

5

5

5

> 20,000 square feet

6

6

6

Inside Coastal Zone and 1-mile buffer

Greenhouse (existing legal), conversion, replacement, reconstruction, or structural alteration

 

 

 

< 10,000 square feet

3/4N

3/4N

3/4N

> 10,000 square feet

3/4N

3/4N

3/4N

Greenhouse (new)

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

< 2,000 square feet

4

5

5

2,000—20,000 square feet

5

5

5

> 20,000 square feet

6

6

6

Inside Coastal Zone and 1-mile buffer

Water tank (accessory to cannabis use)

3

3

3

Outdoor cultivation (or new or existing hoop house)

5**

Cannabis Manufacturing (subject to SCCC 13.10.650)Ŧ

 

 

 

Classes 1—2

 

 

 

Outside Coastal Zone and 1-mile buffer, existing legal structure

1RG/4

4

4

Inside Coastal Zone and 1-mile buffer, existing legal structure

1RG/4

4

4

Class 3

 

 

 

Outside Coastal Zone and 1-mile buffer, existing legal structure

4

5

3

Inside Coastal Zone and 1-mile buffer, existing legal structure

 

 

 

< 2,000 square feet

4

4

4

2,000—20,000 square feet

5

5

4

> 20,000 square feet

6

6

5

Classes 1—3

 

 

 

Outside Coastal Zone and 1-mile buffer, new legal structure

 

 

 

< 2,000 square feet

4

4

3

2,000—20,000 square feet

5

5

3

> 20,000 square feet

6

6

3

Cannabis Distribution (subject to SCCC 13.10.650)Ŧ

 

 

 

Class 1

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

Existing legal structure

1RG/3

3

3

New structure

4/5/6*

4/5/6*

4/5/6*

Inside Coastal Zone and 1-mile buffer

 

 

 

Existing legal structure

1

1

1

New structure

Class 2

 

 

 

Outside Coastal Zone and 1-mile buffer

 

 

 

Existing Legal structure

1

1

1

New structure

4/5/6*

4/5/6*

4/5/6*

Inside Coastal Zone and 1-mile buffer, existing legal structure

1

1

1

Transport Only

P

P

P

Ŧ With a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer.

N Level 4 approval applies to all use permits where the parcel is adjacent to another parcel zoned PR or a parcel zoned A, AP, RA, RR, R-1, RB, RM, TP, SU which contains a residential structure.

RG Must be located within the Rodeo Gulch Zoning Overlay.

**Outdoor (including hoop house) cultivation may be permitted only in conjunction with adoption or amendment of a reclamation plan.

Commercial services, general, indoor, as allowed in the C-4 District (see chart, SCCC 13.10.332(B))

4/5/6*

4/5/6*

Commercial services, general, involving outdoor use or heavy trucking, as allowed in the C-4 District (see chart SCCC 13.10.332(b)), and also including:

4/5/6*

4/5/6*

Blacksmith shops

 

 

 

Boat building (not including ship building)

 

 

 

Community facilities, such as:

4/5/6*

4/5/6*

4/5/6*

Bus depots and transit stations, including repair or servicing of vehicles

 

 

 

Community energy systems (subject to the provisions of SCCC 13.10.661 and 13.10.700-E definition)

 

 

 

Utilities, public, structures and uses, including:

 

 

 

Public service pumping stations

 

 

 

Public utility service yards

 

 

 

Power substations and transmission facilities

 

 

 

Energy facilities (see SCCC 13.10.700-E definition)

 

 

 

Hatcheries, poultry (see SCCC 13.10.700-H definition)

4/5/6*

Industry, heavy, involving hazardous chemicals or possible adverse impacts beyond the site, such as:

4/5/6*F

4/5/6*

Manufacturing of hazardous chemical products including: acetylene, aniline dyes, ammonia, carbide, caustic soda, cellulose, chlorine, cleaning and polishing preparations, creosote, exterminating agents, hydrogen and oxygen, industrial alcohol, nitrating potash, pyroxyline, rayon yarn, and carbolic, hydrochloric, picric, and sulphuric acids

 

 

 

Manufacture of: asphalt, cement, explosives, fertilizer, film, fireworks, fish products, fuel briquettes, gelatine, glue, lard, paint products, paper, plaster, rubber, soap, vinyl floor covering

 

 

 

Fat rendering

 

 

 

Foundries, metal smelting, reduction, refining, alloying, rolling, drop forges

 

 

 

Incinerators

 

 

 

Petroleum products refining

 

 

 

Rubber processing

 

 

 

Steam plants

 

 

 

Slaughter houses, stockyards

 

 

 

Stone mills

 

 

 

Storage of potentially objectionable or hazardous materials including: explosives, fireworks, flammable liquids, gas, junk yards, manure, petroleum products, slag piles, rawhides, used building materials

 

 

 

Tanneries

 

 

 

Wood processing, including planing mills, sawmills and treatment plants

 

 

 

Wood pulp reduction and distillation

 

 

 

Manufacturing, light, and assembly, such as:

4/5/6*

4/5/6*

Manufacturing, assembling, compounding, packaging, and processing of articles of merchandise from previously prepared materials

 

 

 

Manufacturing and assembly of:

 

 

 

Appliances, medical and orthopedic

 

 

 

Appliances, small electric, such as lighting fixtures, irons, fans, toasters and electric toys (not including refrigerators, washing machines, dryers, dishwashers, and similar large appliances)

 

 

 

Ceramic products, small, such as pottery, figurines, and small glazed tile, using only previously pulverized clay and kilns fired only by electricity or gas

 

 

 

Cosmetics, perfumed toilet soap (not including refining or rendering of fats or oils), or toiletries

 

 

 

Electrical equipment, such as radio and television receivers, phonographs and home motion picture equipment (not including electrical machinery)

 

 

 

Electrical supplies, such as coils, condensers, crystal holders, insulation, lamps, switches, and wire cable assembly; provided, that no noxious or offensive fumes, odors or particles are released outside the building.

 

 

 

Electronics equipment and precision instruments, involving assembly of previously prepared materials

 

 

 

Ice

 

 

 

Instruments: scientific, medical, dental, and drafting

 

 

 

Mattresses

 

 

 

Musical instruments

 

 

 

Optical goods

 

 

 

Photographic equipment (except film) and cameras

 

 

 

Signs, electric and neon, billboards, commercial advertising structures

 

 

 

Sheet metal products, light, including heating and ventilating ducts, cornices and eaves

 

 

 

Watches and clocks

 

 

 

Manufacturing, heavy, and processing, such as:

4/5/6*

4/5/6*

Manufactured, fabrication, and assembly of the following products; provided, that no environmental hazard is created: products of cement, ceramics, nonhazardous chemicals, clay, graphite, leather, metal, paper, rubber, stone, wood

 

 

 

Manufacturing and processing of:

 

 

 

Aircraft

 

 

 

Automobiles

 

 

 

Batteries

 

 

 

Boilers

 

 

 

Boxes

 

 

 

Building materials

 

 

 

Business machines

 

 

 

Cans

 

 

 

Candles

 

 

 

Carpets

 

 

 

Feed

 

 

 

Fibers

 

 

 

Firearms

 

 

 

Glass

 

 

 

Machinery

 

 

 

Metal alloys: cable,

 

 

 

Foil sheets, and wire

 

 

 

Wire

 

 

 

Motors and generators

 

 

 

Railroad equipment

 

 

 

Electrical appliances

 

 

 

Fabrics

 

 

 

Textiles, knitting and hosiery mills

 

 

 

Tires

 

 

 

Manufacturing involving chemicals, such as:

 

 

 

Drugs and pharmaceuticals, manufacturing, assembling, compounding, packaging and processing of

 

 

 

Laboratories

 

 

 

Photographic developing and printing plants

 

 

 

Textile bleaching and dyeing

 

 

 

Electronics, manufacture of such products as semiconductors or other components involving hazardous substances

 

 

 

Food processing, and packaging, including:

 

 

 

Bottling works

 

 

 

Breweries, distilleries and wineries

 

 

 

Cold storage plants

 

 

 

Dairy products plants

 

 

 

Foods and food products, manufacturing, canning and packing, or including fruits and vegetables (not including fish and meat products, pickles, sauerkraut, vinegar or yeast, or refining fats or oils)

 

 

 

Metal products, manufacturing of, such as:

 

 

 

Cutlery, hardware and hand tools; die and pattern making; metal stamping and extrusion of small products such as costume jewelry, pins and needles, razor blades, bottle caps, buttons and kitchen utensils

 

 

 

Machine shops (involving the use of drop hammers, automatic screw machines or punch presses with a rated capacity of over 20 tons)

 

 

 

Metal casting, painting and sandblasting

 

 

 

Metal finishing and plating

 

 

 

Welding shops

 

 

 

Woodworking, such as:

 

 

 

Cabinet-making shops

 

 

 

Furniture manufacture

 

 

 

Woodworking shops, sash and door manufacturing, including only incidental mill work, operated within a completely enclosed structure

 

 

 

Mining uses, such as:

 

 

 

Mining, quarrying, and commercial extraction of rock, sand, gravel, earth, clay and similar materials, and the storage, stockpiling, processing, distribution and sale thereof; including the installation and operation of facilities and apparatus to process, store, and ship rock, sand, gravel and other mineral products; shops and garages for the repair and maintenance of equipment and warehouses for the storage of equipment or supplies as are necessary to conduct the uses permitted.

MP

Mine reclamation or reuse, uses and operations related to, such as backfilling with inert materials

 

 

 

Industrial uses related to processing or fabrication of a finished product from quarried or mined materials, where associated with the principal use of the property for quarry purposes, located on the same site, and included in the provisions of a mining permit, including:

 

 

 

Concrete batching plants

 

 

 

Manufacture of cement

 

 

 

Manufacture of concrete products and pressed structural units in conjunction and concurrent with excavation on the site

 

 

 

Mixing plants for asphaltic concrete

 

 

 

Other similar uses relating to the extraction or processing of rock, sand, gravel, or minerals

 

 

 

Mine-related concurrent uses, such as: sanitary land fills; septage disposal; retail sales of mine related products; offices; public utility facilities; fire protection facilities

 

 

 

Mine site interim uses, such as:

 

 

 

(1) Agricultural uses subject to the regulations of the A District

Allowed at approval levels required by SCCC 13.10.312

(2) Timber harvesting

P

Motor vehicle wrecking yards

4/5/6*F

4/5/6*

Mushroom growing in structures

4/5/6*F

4/5/6*

Offices, incidental to an allowed use

4/5/6*

4/5/6*

4/5/6*

Railroad stations

4/5/6*

4/5/6*

Railroad freight stations, repair shops, and yards

4/5/6*

4/5/6*

Residential uses:

 

 

 

Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

P

P

Retail sales, incidental to an allowed use

4/5/6*

4/5/6*

4/5/6*

Warehouses (except for the storage of flammable liquids), storage and baling of metal, paper or rags within an enclosed structure

4/5/6*

4/5/6*

4/5/6*

Wireless communications facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive

BP/5

BP/5

BP/5

[Ord. 5439 § 4, 2023; Ord. 5402 § 4, 2022; Ord. 5366 § 1, 2021; Ord. 5346 § 1, 2020; Ord. 5336 § 5, 2020; Ord. 5334 § 5, 2020; Ord. 5302 § 3, 2019; Ord. 5272 § 5, 2018; Ord. 5119 §§ 23, 24, 2012; Ord. 4921 §§ 9, 10, 2008; Ord. 4873 § 3, 2007; Ord. 4836 § 86, 2006; Ord. 4808 § 18, 2005; Ord. 4770 § 5, 2004; Ord. 4744 § 5, 2003; Ord. 4715 § 5, 2003; Ord. 4577 §§ 5, 6, 1999; Ord. 4525 § 7, 1998; Ord. 3767 § 2, 1986; Ord. 3593 § 9, 1984; Ord. 3432 § 1, 1983].

13.10.343 Development standards for industrial districts.

(A)    Site and Structural Dimensions. The following minimum site area, parcel frontage yard dimensions, and building height limit shall apply within all industrial zone districts, except as noted elsewhere in this section or in the general exceptions as noted in SCCC 13.10.510 et seq.

INDUSTRIAL SITE AND STRUCTURAL DIMENSIONS CHART1

District Designation

Minimum Site Area per Parcel

(net developable area)

Minimum Parcel Frontage (feet)

Minimum Yards2 (feet)

Maximum Structure Height Limit4 (feet)

Front

Side

Rear

M-1

10,000 square feet

60

15

10

10

3 stories but not to exceed 35 feet

M-2

1 acre

60

25

20

20

35 feet if within 200 feet of an R or A District

M-3

Minimum economic unit for mineral extraction

60

203

203

203

403

Footnotes:

(1)    See also general site standards exceptions in SCCC 13.10.510, 13.10.520, and 13.10.521.

(2)    Subject to exceptions as provided in subsections (B) and (C) of this section.

(3)    Except when pursuant to a mining permit.

(4)    See also Chapter 12.28 SCCC, Solar Access Protection; subject to solar access requirements in SCCC 13.11.072.

(B)    Front Yards—Exceptions.

(1)    Structures Over 16 Feet in Height. One foot shall be added to the required front yard for each three feet of height above 16 feet of height of any structure.

(2)    Across the Street from an R or A District. On sites across a street from any residential or any agricultural district, the minimum front yards are as follows:

District:

M-1

M-2

M-3

Feet:

30

50

50, except as pursuant to a mining permit

(C)    Side and Rear Yards—Exceptions.

(1)    Adjoining a Street. The minimum side and rear yards adjoining a street are as follows:

District:

M-1

M-2

M-3

Feet:

15

25

25, except as pursuant to a mining permit

(2)    Abutting an R or A District. The minimum side and rear yards adjoining any residential or any agricultural district are as follows:

District:

M-1

M-2

M-3

Feet:

50

100

100, except as pursuant to a mining permit

(3)    Across a Street from an R or A District. The minimum side and rear yards across a street or alley from any residential or any agricultural district are as follows:

District:

M-1

M-2

M-3

Feet:

25

50

50, except as pursuant to a mining permit

(D)    Other Regulations. Other development standards applicable to industrial zone districts are contained in the following sections of this code:

 

 

SCCC

General site standards

13.10.510, et seq.

Signs

13.10.581, et seq.

Parking

13.10.550, et seq.

Fences

13.10.525

Minimum parcel size

13.10.510(G)

Use of nondevelopable land

13.10.671

Use of urban open space land

13.10.672

Trip reduction requirements (development projects for 50 or more employees)

13.10.591

Design review

13.11.010, et seq.

Agricultural buffers/setback

16.50.095

[Ord. 4496-C § 24, 1998; Ord. 4314 § 4, 1994; Ord. 3501 § 13, 1984; Ord. 3432 § 1, 1983].

13.10.344 Public facilities requirements for industrial districts.

(A)    All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection. A letter indicating all Fire Department requirements shall be submitted with the project application.

(B)    All requirements of the local sanitation district and water district shall be met. Letters indicating adequate sewer and water service to the project shall be submitted with the project application. Within the Coastal Zone, adequate system capacity shall be reserved for priority coastal uses as per SCCC 17.02.070.

(C)    All improvement requirements and fees shall be met for drainage districts, transportation improvement zones, and roadside improvement districts where required by district or ordinance regulations (SCCC Title 15).

(D)    The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For industrial projects of 6,000 square feet or larger, a letter indicating the Transit District’s recommendation shall be submitted with the project applications. [Ord. 4346 § 22, 1994; Ord. 4263 § 3, 1993].

13.10.345 Special standards and conditions.

(A)    M-1 and M-2 Districts—Required Conditions.

(1)    Air Pollution. In an M-1 or M-2 District no use shall be permitted which emits any air pollution beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. The provisions of this section relating to air pollution shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.

(2)    Smoke. In an M-1 District no use shall be permitted which emits smoke. In an M-2 District no use shall emit visible gray smoke of a shade equal to or darker than No. 2 on a standard Ringlemann Chart issued by the United States Bureau of Mines or smoke of an equivalent opacity, except that smoke of a shade equal to No. 3 on a Ringlemann Chart, or smoke of an equivalent opacity, may be emitted for four minutes in any 30-minute period. The provisions of this section relating to smoke shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.

(3)    Solid and Liquid Wastes. No solid or liquid wastes shall be discharged into a public or private sewerage system except in compliance with the regulations prescribed by the Board of Supervisors or by the governing boards of other governmental agencies or in compliance with the regulations of the owner of the system.

(4)    Odor. In an M-1 District no use except a temporary construction operation shall be permitted which creates odor beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. In an M-2 District no use except a temporary construction operation or a seasonal fruit or vegetable dehydrating or processing plant shall be permitted which creates odor beyond the boundaries of the site which is found by the Planning Commission to be offensive or which is detectable beyond the boundaries of the M-2 District without the aid of instruments.

(5)    Noise. In an M-1 or M-2 District no use except a temporary construction operation shall be permitted which creates noise which is found by the Planning Commission not to conform to the noise parameters established by the Land Use Compatibility Chart for Exterior Community Noise (General Plan Figure 6-1) beyond the boundaries of the M-1 or M-2 District at standard atmospheric pressure.

(6)    Vibration, Heat and Cold, Glare, Electrical Disturbance. No use except a temporary construction operation shall be permitted which creates vibration, changes in temperature, direct or sky-reflected glare, or electrical disturbance which is detectable by the human senses without the aid of instruments beyond the boundaries of the site in an M-1 District or beyond the boundaries of the district in an M-2 District.

(7)    Nonconformance with Provisions of Subsection (A) of This Section. Any use listed in SCCC 13.10.342(B) which is located in an M-1 District which is found by the Planning Commission not to comply with the requirements of subsection (A) of this section shall constitute a nonconforming use. The Planning Commission’s determination that such use is nonconforming shall be made after public hearing is held more than 15 days after written notice to the user.

(8)    Actions Necessary to Make a Nonconforming Use Conform. In order for a nonconforming use to be made conforming, a use approval processed at the appropriate level as indicated in the use chart shall be obtained pursuant to SCCC 13.10.220. Application for the use approval must be made within three months of the date the Planning Commission determines the use to be nonconforming. If an application for a use approval has not been filed within the three-month period, the nonconforming use shall thereafter be subject to the abatement proceedings set forth in Chapter 1.14 SCCC; provided, that no additional public hearing shall be required by the Planning Commission prior to making its recommendation to the Board of Supervisors.

(B)    Special Findings for High Impact Uses in the M-1 District. Any uses listed as allowed in the M-2 District may be allowed as discretionary uses in the M-1 District; provided, that the approving body makes the following findings in addition to the findings required for a development permit pursuant to Chapter 18.10 SCCC.

(1)    That consideration of all the determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the permitted uses in an M-1 District with respect to method of operation, type of process, materials, equipment, structures, storage and appearance.

(2)    That the use will not create significantly more vehicular or rail traffic than the volumes normally created by the permitted uses in an M-1 District.

(3)    That the use will not generate odor, fumes, dust, smoke, particles, dirt, refuse, water-carried wastes, noise, vibration, glare, heat, or any other objectionable factor beyond the boundaries of the site, or be unsightly or create a hazard of fire or explosion.

(C)    M-3 Districts—Required Findings for Uses Other Than Mineral Extraction. In addition to findings required for a development permit, the approving body shall find that the proposed use is located, or will be conducted in a manner so as to not preempt the ultimate extraction or use of any rock, sand, gravel or mineral resource. Special use requirements and standards for mining and related uses in the M-3 Zone District are found in Chapter 16.54 SCCC, Mining Regulations.

(D)    Prohibitions. The following uses and activities are prohibited in industrial districts:

(1)    Asbestos. In an M-1, M-2 or M-3 District, no use shall be permitted which produces or uses asbestos in any manufacturing process. [Ord. 4836 §§ 87—89, 2006; Ord. 4496-C §§ 25, 26, 1998; Ord. 3479 § 1, 1983; Ord. 3432 § 1, 1983].

Article V. Parks, Recreation and Open Space PR District

13.10.351 Purposes of the Parks, Recreation and Open Space PR District.

In addition to the general objectives of this chapter, the PR District is included in the zoning ordinance to achieve the following purposes:

(A)    General. To preserve the County’s undevelopable lands and public park lands as open space; and to protect open space in the County by allowing commercial recreational uses which preserve open space by means of large acreage sites with low intensity uses which are compatible with the scenic values and natural setting of the County; and to preserve agriculture as an open space use.

(B)    Commercial Recreation. To provide for commercial recreation facilities and uses which aid in the conservation of open space in the County; to recognize and encourage these uses as a major component in the County’s economy; to provide standards for their development and operation so as to ensure the preservation of open space, an appropriate intensity of uses, adequate public access and services, and proper management and protection of the environment and the natural resources of the County.

(C)    State and Federal Parks, Preserves, and Biotic Research Stations. To provide for the State and Federal park lands, preserves and biotic research facilities in the County; to provide density and development standards for such uses consistent with the availability of adequate access and services, land development capacities, agricultural protection, and the preservation of open space.

(D)    Local Parks. To recognize existing park sites and to designate and protect those locations designated by the adopted County General Plan for local park use, and to provide development and operation standards for such uses.

(E)    Open Space. To designate and to preserve, through careful and limited development and use, those lands designated on the General Plan which are not appropriate for development due to the presence of one or more of the following resources or constraints:

(1)    Coastal bluffs and beaches;

(2)    Coastal lagoons, wetlands and marshes;

(3)    Riparian corridors and buffer areas;

(4)    Flood ways and floodplains;

(5)    Wooded ravines and gulches which separate and buffer areas of development;

(6)    Slopes over 30 percent inside the urban services line; over 50 percent outside the urban services line;

(7)    Sensitive wildlife habitat areas and biotic resource areas. [Ord. 3432 § 1, 1983].

13.10.352 Parks, recreation and open space uses.

(A)    Principal Permitted Uses.

(1)    In the Coastal Zone, the principal permitted uses in the Parks, Recreation and Open Space District shall be as follows: open-space uses not involving permanent structures and public and private open-space recreational uses, including appurtenant uses and structures, on developable lands.

(2)    Principal permitted uses are all denoted as uses requiring a Level IV or lower approval or as otherwise denoted with the letter P in the footnotes to the PR uses chart in subsection (B) of this section. In the Coastal Zone, actions to approve uses other than principal permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, pursuant to Chapter 13.20 SCCC, any development is appealable.

(B)    Allowed Uses. The uses allowed in the Parks, Recreation and Open Space District shall be as provided in the parks, recreation, and open space uses chart below. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a development permit for a particular use. The type of permit processing review, or “approval level,” required for each use in the zone district is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123.

 

PR USES CHART

KEY:

A

=

Use must be ancillary and incidental to a principal permitted use on the site

P

=

Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone

1

=

Approval Level I (administrative, no plans required)

2

=

Approval Level II (administrative, plans required)

3

=

Approval Level III (administrative, field visit required)

4

=

Approval Level IV (administrative, public notice required)

5

=

Approval Level V (public hearing by Zoning Administrator required)

6

=

Approval Level VI (public hearing by Planning Commission required)

7

=

Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

=

Use not allowed in this zone district

*

=

Level IV for projects of less than 2,000 square feet

 

 

Level V for projects of 2,000 to 20,000 square feet

 

 

Level VI for projects of 20,000 square feet and larger

BP

=

Building permit

 

USE

PR

Accessory structures, pursuant to a master site plan according to SCCC 13.10.355, such as:

4AP

Accessory structures, nonhabitable

 

Parking, on-site, for an allowed use, in accordance with SCCC 13.10.550 et seq.

 

Signs, in accordance with SCCC 13.10.582

 

Accessory structures, when incidental to a residential use on a site where a park, recreational or open space use does not exist (subject to SCCC 13.10.322(B), 13.10.353, and 13.10.611)

BP—5*

Agricultural uses:

 

All CA Zone District uses (SCCC 13.10.312)

Same approval as in CA Zone District

Commercial retail and service uses, such as:

5A

Art galleries

 

Boat sales, rentals, and services

 

Day-care centers

 

Food stores; delicatessens

 

Gift shops

 

Laundries, self-service

 

Marine services

 

Recreational equipment sales, rentals and services

 

Restaurants; sandwich shops; snack bars; cafes

 

Community facilities and utilities uses, such as:

5

Community centers

 

Drainage and flood-control facilities

 

Energy systems, community (subject to SCCC 13.10.661 and 13.10.700-E definition)

 

Museums

 

Radio, television and communications antennas, transmission towers and related equipment

 

Restrooms, public

 

Utilities, public, structures and facilities

 

Wireless communication facilities, subject to SCCC 13.10.660 et seq.

 

Manufactured home, subject to the provisions of park site review process pursuant to SCCC 13.10.682 and 15.01.080(C)

5

Open space uses, not involving permanent structures, such as:

P

Beach uses

 

Ecological preserves; wildlife and biotic habitat reserves

 

Hiking and horseback riding trails

 

Open space

 

Parks, State, local and private

 

Picnicking facilities

 

Playgrounds, nonpaved

 

Sports fields, nonpaved

 

Watershed management

 

Parking lots for off-site recreational uses, developed in accordance with SCCC 13.10.550 et seq.

5

Recreational support facilities

 

(Level IV when pursuant to a master site plan as per SCCC 13.10.355) such as:

5AP

Group meeting facilities, including educational and religious facilities

 

Maintenance facilities

 

Management offices

 

Recreational facilities, including swimming pools and appurtenant facilities, picnic shelters, indoor sports facilities, gymnasiums, spas, dressing rooms, club houses, tennis courts and other paved sports areas

 

See also: Visitor accommodations item below for lodging facilities

 

Recreational uses, public and private, pursuant to SCCC 13.10.355, such as:

5P

Country clubs

 

Golf courses

 

Golf driving ranges

 

Low intensity commercial recreation facilities primarily involving open space uses, including historic theme parks

 

Organized camps; group camps; and conference centers pursuant to SCCC 13.10.692

 

Stables, boarding and riding

 

Research facilities for biotic and wildlife observation and research

5P

Residential uses, permanent, such as:

 

Child care homes, large family (must be in conjunction with residential use) (see SCCC 13.10.686 and SCCC 13.10.700-C definition)

5

Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

Hosted rentals, subject to SCCC 13.10.690

1P

One single-family dwelling, subject to the park site review process pursuant to Chapter 15.01 SCCC

3

One single-family dwelling on property designated urban open space, subject to SCCC 13.10.672 and the park site review process pursuant to Chapter 15.01 SCCC

5

Accessory Dwelling Units (ADUs), subject to SCCC 13.10.681

 

Inside the coastal zone

3

Outside the coastal zone

BP

Junior Accessory Dwelling Units (JADUs), subject to SCCC 13.10.681

BP

Dwelling units, associated with an open space or private recreational facility for the owner or lessee of the land or for staff, a caretaker, watchman, or manager of the property, pursuant to SCCC 13.10.353(B)

5A

Dwelling units for State or County park operating personnel, pursuant to SCCC 13.10.353(B)

5A

Expansion of dwelling units in organized camps and recreational facilities up to a cumulative total of an additional 500 square feet per dwelling unit

3

Timber growing

P

Timber harvesting, outside the Coastal Zone

P

Visitor accommodations

 

Type A, pursuant to SCCC 13.10.353(B), such as: hotels, inns, motels, “bed and breakfast inns,” recreational rental units with kitchens

5A

Type B, pursuant to SCCC 13.10.353(B), such as: group quarters, tent camping, recreational vehicle camping

5AP

Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694)

4

Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694)

5

Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive

BP/5

[Ord. 5439 § 5, 2023; Ord. 5402 § 5, 2022; Ord. 5382 § 3, 2021; Ord. 5372 § 6, 2021; Ord. 5365 § 3, 2021; Ord. 5345 § 3, 2020; Ord. 5326 § 12, 2020; Ord. 5325 § 12, 2020; Ord. 5266 § 4, 2018; Ord. 5229 § 3, 2016; Ord. 5092 § 3, 2011; Ord. 4921 § 11, 2008; Ord. 4873 § 4, 2007; Ord. 4814 § 3, 2006; Ord. 4808 § 19, 2005; Ord. 4770 § 7, 2004; Ord. 4744 § 7, 2003; Ord. 4715 § 7, 2003; Ord. 4577 § 7, 1999; Ord. 4496-C §§ 27, 28, 1998; Ord. 4346 § 23, 1994; Ord. 4099 § 4, 1990; Ord. 4036 § 5, 1989; Ord. 3968 § 1, 1988; Ord. 3593 § 10, 1984; Ord. 3432 § 1, 1983].

13.10.353 Development standards in the Parks, Recreation and Open Space PR District.

(A)    Site and Structural Dimensions. The following site width, frontage, yard dimensions, and building height limit shall apply within the PR District.

PR SITE AND STRUCTURAL DIMENSIONS CHART

District

Minimum Site Area (net developable acres)

Minimum Site Width (feet)

Minimum Site Frontage (feet)

Yards (Front, Side and Rear) (feet)

Maximum Height (feet)

PR

20

100

60

all yards 30

28

Footnote:

(1)    For single-family dwellings and accessory structures, the district development standards shall be the same as those contained in SCCC 13.10.323 pertaining to residential districts and shall further be based on the size of the parcel for purposes of applying SCCC 13.10.323(B). Accessory Dwelling Units shall be subject to the site and structural dimensions in SCCC 13.10.681.

(B)    Density Regulations for Visitor Accommodations.

(1)    Allowed Densities Chart.

Type

Urban

Rural

A, with kitchens

3 VA units/ developable acre

5 habitable rooms/ matrix unit

A, without kitchen

3 VA units/ developable acre

6 habitable rooms/ matrix unit

B, RV or tent camps

3 sites/developable acre

5 sites/matrix unit

B, hostels

24 beds/acre

20 beds/matrix unit

B, group quarters (organized camps)

unlimited temporary occupancy: 12 beds/developable acre

unlimited temporary occupancy: 10 beds/matrix unit

 

limited temporary occupancy: 4,380 user days/ developable acre

limited temporary occupancy: 3,650 user days/matrix unit

 

 

limited temporary occupancy/day use only: 10,950 user days/matrix unit

(2)    Density Calculations.

(a)    A visitor accommodations (VA) unit shall not exceed four rooms, one of which is a bathroom, one of which may be either a kitchen or an additional bathroom, and not exceeding 600 square feet overall. A studio with bath and kitchenette counts as three-quarters unit.

(b)    “Habitable room” is any room in a VA unit which can be used for sleeping accommodations, including living rooms, but not including bathrooms and kitchens. A unit over 400 square feet in total square footage, including bathrooms and kitchens, creates a presumption of more than one habitable room.

(c)    Combining Types of VA Facilities. Types of visitor accommodations may be combined; however, combined densities may not exceed the maximum allowed for the total number of acres (urban) or matrix units allowed (rural).

(d)    Reducing Density Based on Impacts. All values given above are maximums and may be reduced based on services and access constraints, compatibility with adjacent land uses and the character of the area, or adverse environmental impacts.

(e)    Calculating Permanent Residential Units. Permanent residential units for site personnel shall be in place of density credits for visitor accommodations use at the rate of one kitchen and up to five permanent residents/developable acre (urban) or matrix unit (rural).

(f)    Determining Matrix Units for Organized Camps. For organized camps and conference centers, the Planning Commission may establish residential densities based on a precise mathematical interpolation of the matrix table values.

(g)    Calculating Density for Limited Temporary Occupancy. Use the following formula:

(developable acres) x (allowed user days/matrix unit)

(days of occupancy) x (occupants)

 

= number of bed spaces permitted

(h)    Calculating Day Use Temporary Occupancy. Use the following formula:

(limited temporary occupancy) x 3 =

number of day users permitted

(3)    Expansion of Organized Camps with Nonconforming Densities. For expansion of existing camps with use permits and nonconforming density, the densities of new facilities shall be calculated independent of existing nonconforming densities and shall be based solely on the number of matrix units the new land acquisition merits. Where the new land acquisition is contiguous with the parcel containing the nonconforming use, the facilities resulting from the matrix units for the land acquisition may, at the discretion of the Planning Commission and the Board of Supervisors, be located anywhere on the applicant’s holdings. These provisions shall not be construed to prevent the Board of Supervisors from abating nonconforming uses or structures pursuant to SCCC 13.10.260, 13.10.261 and 13.10.262 where such facilities are found to create a public health hazard or a public nuisance or to be environmentally degrading.

(C)    Minimum Site Area for Commercial Recreation. The minimum area for the development of new commercial recreation uses shall not be less than 20 acres. For the purposes of this section commercial recreation includes such uses as: organized and group camps, conference centers, amusement parks such as Roaring Camp, golf courses, commercial stables, commercial beaches, and visitor accommodations such as RV parks.

(D)    Other Regulations. General exceptions to site standards are found in SCCC 13.10.510 et seq. Agricultural setback/buffer standards are found in SCCC 16.50.095. Fence regulations are found in SCCC 13.10.525. General requirements for organized camps and conference centers are found in SCCC 13.10.692. Parking regulations are found in SCCC 13.10.550 et seq. Sign regulations are found in SCCC 13.10.582. Regulations regarding minimum parcel sizes are found in SCCC 13.10.510(G). Regulations regarding the use of nondevelopable land are found in SCCC 13.10.671 and regarding the use of urban open space land in SCCC 13.10.672. [Ord. 5326 § 13, 2020; Ord. 5325 § 13, 2020; Ord. 5119 § 25, 2012; Ord. 4836 § 90, 2006; Ord. 4496-C § 29, 1998; Ord. 4416 § 7, 1996; Ord. 4406 § 7, 1996; Ord. 3968 § 2, 1988; Ord. 3432 § 1, 1983].

13.10.354 Design criteria for the Parks, Recreation and Open Space PR District.

(A)    Applicability.

(1)    The design criteria found in Chapter 13.11 SCCC shall apply to all projects in the PR District.

(2)    All required site development standards of SCCC 13.10.353 and all required special standards and conditions of SCCC 13.10.355 shall be met.

(B)    Criteria for Agricultural Land Conservation. The following conditions shall apply to all development plans and projects within the PR District in the Coastal Zone.

(1)    The maximum amount of prime agricultural land shall be retained in agricultural production.

(2)    A site-specific justification with regard to maximum public benefit shall be required for removing agricultural lands from production or for not offering lands capable of farm production for lease.

(3)    The regulations and requirements of Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, and the General Plan and Local Coastal Program Land Use Plan policies pertaining to agricultural resource lands, shall apply to all agricultural resource lands within the PR District.

(C)    Criteria for Retention of Open Space.

(1)    The purpose of the PR District to preserve open space in the County shall be strictly adhered to.

(2)    Except as provided in SCCC 13.10.353(A), Footnote (1), development in the PR District shall be allowed as follows:

(a)    Ten percent of the net developable acreage of the property may be disturbed by improvements of a structural nature, including all habitable buildings and accessory structures.

(b)    Twenty percent of the gross acreage of the property may be disturbed by improvements of a nonstructural nature involving impervious surfaces, including roads, paved play areas, tennis courts, patios, and swimming pools.

(c)    Eighty percent of the gross acreage of the property shall be retained in open space, which may include nonpaved RV sites, paddocks, nonpaved play fields, picnic areas, and hiking and horseback riding trails. [Ord. 4496-C § 30, 1998; Ord. 4016 § 1, 1989; Ord. 3432 § 1, 1983].

13.10.355 Special standards and conditions.

(A)    Master Site Plan Requirements.

(1)    Master Site Plans. Prior to or concurrently with the approval of any new or expanded use for which a Level V approval is required in the Parks, Recreation and Open Space PR District, a development permit for a master site plan shall be approved by the Zoning Administrator or Planning Commission. Master site plans for public agency facilities shall be subject to approval by the Planning Commission. Such approval shall be accompanied by a finding of General Plan consistency pursuant to Section 65402 of the California Government Code.

(2)    Master Site Plan Elements. The master site plan shall include:

(a)    A description of all proposed uses;

(b)    Proposed immediate and future phases of construction;

(c)    Anticipated future boundary expansions, if any;

(d)    Provisions for adequate access and public services;

(e)    A management plan for the conservation and use of the open space resource.

(3)    Environmental Review. The adoption or amendment of a master site plan is a “project” within the meaning of CEQA and the County Environmental Impact Guidelines and is subject to environmental review.

(4)    Development Permit Approval. Site and facility development permits, when applied for pursuant to an approved master site plan, may be processed as a Level IV approval or according to an over-the-counter staff review specified by the conditions of the master site plan planned development permit approval.

(B)    Permit Review.

(1)    Permits for Type A facilities and tent and RV camping sites shall be reviewed and conditioned as provided in SCCC 13.10.335(B)(2).

(2)    Permit conditions for hostels and group quarters shall be as follows:

(a)    This permit shall run with the property owner and shall not be transferred without a permit amendment.

(b)    A management plan shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit or occupancy of an existing structure for this use.

(c)    An annual report shall be prepared and submitted by the owner or his agent to the Planning Director to substantiate the occupancy and other conditions of this permit.

(d)    This site is subject to an annual inspection for which a fee, set by the Board of Supervisors, may be charged. [Ord. 5171 § 4, 2014; Ord. 3432 § 1, 1983].

Article VI. Public and Community Facilities PF District

13.10.361 Purposes of the Public and Community Facilities PF District.

In addition to the general objectives of this chapter, the Public and Community Facilities PF District is included in the zoning ordinance to achieve the following purposes:

(A)    To provide areas for public and quasi-public community facilities, including public and private institutions and public services and facilities.

(B)    To regulate the use of land for public and community facilities with regard to their locations, design, service areas, and range of uses, so that they will be compatible with adjacent development, will maintain high standards of urban design, and will be compatible with and will protect the natural resources and environmental quality of the County.

(C)    To provide a master plan review and approval process for public and community facility projects and, where appropriate, service areas, in order to implement the adopted County General Plan and Local Coastal Program Land Use Plan and ordinances and to facilitate subsequent processing and issuance of permits for development projects for these uses. [Ord. 3432 § 1, 1983].

13.10.362 Public and community facilities uses.

(A)    Principal Permitted Uses.

(1)    In the Coastal Zone, the principal permitted uses in the Public and Community Facilities District shall be public and private institutional uses and public facilities, such as day-care centers, churches, hospitals, libraries, community centers, schools, fire stations, private clubs and lodges, and public administrative buildings, including appurtenant uses and structures.

(2)    Principal permitted uses are all listed as uses requiring a Level V or lower approval in the PF uses chart, subsection (B) of this section. In the Coastal Zone, actions to approve principal permitted uses are not appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, pursuant to Chapter 13.20 SCCC, any development is appealable.

(B)    Allowed Uses.

(1)    The uses allowed in the Public and Community Facilities District shall be as provided in the public and community facilities use chart below. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a development permit for a particular use. The type of permit processing review, or “approval level,” required for each use in the zone district is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123.

(2)    Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the Public and Community Facility Zone District. 

KEY:

A

=

Use must be ancillary and incidental to a principal permitted use on the site

P

=

Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone

1

=

Approval Level I (administrative, no plans required)

2

=

Approval Level II (administrative, plans required)

3

=

Approval Level III (administrative, field visit required)

4

=

Approval Level IV (administrative, public notice required)

5

=

Approval Level V (public hearing by Zoning Administrator required)

6

=

Approval Level VI (public hearing by Planning Commission required)

7

=

Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

=

Use not allowed in this zone district

*

=

Level IV for projects of less than 2,000 square feet

 

 

Level V for projects of 2,000 to 20,000 square feet

 

 

Level VI for projects of 20,000 square feet and larger

PF USES CHART 

USE

APPROVAL LEVEL

Accessory structures, nonhabitable

4

Administrative offices, public

4/5/6*

Animal-related uses, indicating: animal keeping subject to SCCC 13.10.643 (see also animal enclosures, SCCC 13.10.641)

4/5/6A

Art galleries

4/5/6*

Cemeteries, crematories, columbariums, pet cemeteries, and accompanying facilities

4/5/6*

Churches and religious institutions, not including schools

4/5/6*

Clubs and lodges, private fraternal

4/5/6*

Community centers

4/5/6*

Day-care centers (see definitions, SCCC 13.10.700-D)

4/5/6*

Energy systems, community (subject to SCCC 13.10.661 and 13.10.700-E definitions)

4/5/6*

Emergency shelters, as defined in SCCC 13.10.700-E

P/5

Fairgrounds and related facilities

4/5/6*

Fire stations

4/5/6*

Hospitals

4/5/6*

Institutional housing and group quarters

4/5/6*

Libraries

4/5/6*

Medical clinics and laboratories

4/5/6*

Meeting halls; auditoriums

4/5/6*

Museums

4/5/6*

Nursing homes; convalescent hospitals (see definition, SCCC 13.10.700-N)

4/5/6*

Parking areas, for off-site uses, subject to SCCC 13.10.550 et seq.

5

Parking areas, for on-site uses, subject to SCCC 13.10.550 et seq.

4

Parks, local public

4/5/6*

Police stations

4/5/6*

Recreational facilities and accessory uses, including:

4/5/6*

County clubs

 

Fitness centers

 

Golf driving ranges

 

Gymnasiums

 

Racquet clubs

 

Spas

 

Swim facilities

 

Tennis clubs

 

Residential Uses

 

One single family dwelling

3

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs), subject to SCCC 13.10.681

BP

Affordable rental housing (see SCCC 13.10.365)

 

2 – 4 units

5

5 or more units

6

Child care homes, large family (must be in conjunction with residential use) (see SCCC 13.10.686 and 13.10.700-C definition)

5

Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

School employee housing (see SCCC 13.10.365)

 

2 – 4 units

5

5 or more units

6

Temporary mobile home or manufactured housing for watchman, caretaker, manager or staff, for a period of not more than 3 years

5A

Other residential uses pursuant to a master use permit

5/6/7A

Schools and colleges, not including business or trade schools

4/5/6

Signs, subject to SCCC 13.10.580 et seq.

4

Utilities, public; energy facilities (see SCCC 13.10.700-E definitions)

4/5/6*

Waste disposal facilities, including refuse processing, recycling, transfer and disposal

4/5/6*

Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive

BP/5

[Ord. 5439 § 6, 2023; Ord. 5402 § 6, 2022; Ord. 5326 § 14, 2020; Ord. 5325 § 14, 2020; Ord. 5320 § 1, 2019; Ord. 5083 § 1, 2010; Ord. 4814 § 4, 2006; Ord. 4808 § 20, 2005; Ord. 4770 § 8, 2004; Ord. 4744 § 8, 2003; Ord. 4715 § 8, 2003; Ord. 4577 § 8, 1999; Ord. 4346 § 24, 1994; Ord. 3432 § 1, 1983].

13.10.363 Development standards in the Public and Community Facilities PF District.

(A)    Site and Structural Dimensions. The following minimum parcel size, frontage, yard dimensions, and building height limit shall apply within the Public and Community Facilities PF Zone District, except as noted in the general exceptions in SCCC 13.10.510 et seq.

PF SITE AND STRUCTURAL DIMENSIONS CHART

Minimum Site Area (net developable square feet)

Minimum Parcel Frontage (feet)

Minimum Yards (feet)

Maximum Building Height (feet)

Front

Side

Rear

As necessary to accommodate use

60

10

10

10

3 stories, but not to exceed 35 feet

(B)    Yards—Exceptions.

(1)    Adjacent to or Across the Street from an A, CA, or AP District. On parcels adjacent to or across the street from an agricultural district, all minimum yards shall be 20 feet. Also, see Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, regarding setback/buffer requirements for parcels abutting agricultural uses.

(2)    Adjacent to or Across the Street from an R District. On parcels adjacent to or across the street from any residential district, all minimum yards shall be 20 feet.

(3)    Emergency shelters shall be permitted without additional discretionary review, subject to the following conditions:

(a)    The maximum number of clients that may be served on a nightly basis shall be that number which can be accommodated in the facility while meeting the requirements of the California Fire Code, and in no case shall this number exceed 75.

(b)    No individual or household may be denied emergency shelter because of an inability to pay for accommodation.

(c)    Parking shall be provided at a rate of one space per seven beds, plus one space for each awake overnight staff person.

(i)    A lower parking requirement may be approved under the provisions of SCCC 13.10.553.

(d)    The client intake area must provide a minimum of two square feet of space per client based on the number of clients expected on a nightly basis. Intake areas shall be oriented toward the interior of the site whenever possible, so as to minimize spillover of waiting clients to neighboring properties or the public street, and may include a combination of both indoor and outdoor space.

(e)    On-site management shall be provided during all hours of operation as described below, and all operators must ensure that an operations manual that includes, at a minimum, the following components is available to staff at all times:

(i)    Awake overnight supervision procedures and practices.

A.    A minimum of one awake overnight staff person for every 45 clients shall remain on site during operation hours. If shelters serve fewer than 45 clients on a given night, a minimum of one awake overnight staff person shall be required. Additionally, all supervision staff shall be trained in first aid and CPR.

(ii)    Emergency evacuation procedures.

(iii)    Client intake procedures.

(iv)    Process for providing referrals to other agencies or organizations serving the client population including drug treatment, mental health, hygiene and healthcare services not otherwise provided on site.

(v)    Facility maintenance and site management.

(f)    Interior and exterior lighting shall provide for the safety of staff and clients, while minimizing impacts on neighboring properties:

(i)    All exterior lighting shall include cut-offs that prevent light from extending beyond the boundaries of the property.

(ii)    Interior lighting shall include exit-path lighting in sleeping and living areas, and full lighting of all bathroom and washroom areas.

(g)    Emergency shelter facilities shall maintain a safe and secure environment, ensuring the safety of all staff and clients, as well as a secure location for valuables, such as a locker for each client or a locked room for storing valuables and medication during sleeping hours, including a location for medications that must be refrigerated.

(h)    New emergency shelters with proposed building envelopes within 50 feet of a mapped scenic resource or a slope exceeding 30 percent will require a Level V use approval. Existing structures converted to use as emergency shelters will not be subject to this requirement.

(i)    Exceptions to the above standards for emergency shelters may be considered as part of a Level V use approval.

(4)    Accessory Dwelling Units shall be subject to the site and structural dimensions in SCCC 13.10.681. Where there are conflicts between this section and SCCC 13.10.681, SCCC 13.10.681 shall take precedence.

(C)    Other Regulations. Other development standards applicable to the Public and Community Facilities Zone District are contained in the following sections of this code:

 

SCCC

Accessory Dwelling Units

13.10.681

Agricultural buffers/setbacks

16.50.095

Design review

13.11.010, et seq.

Fences

13.10.525

General site standards

13.10.510, et seq.

Minimum parcel sizes

13.10.510(G)

Parking

13.10.550, et seq.

Signs

13.10.580, et seq.

Trip reduction requirements (development projects for 50 or more employees)

5.52

Use of nondevelopable land

13.10.671

Use of urban open space land

13.10.672

[Ord. 5326 §§ 15, 16, 2020; Ord. 5325 §§ 15, 16, 2020; Ord. 5083 § 4, 2010; Ord. 4836 § 91, 2006; Ord. 4496-C § 31, 1998; Ord. 4314 § 5, 1994; Ord. 3432 § 1, 1983].

13.10.364 Design criteria for the Public and Community Facilities PF District.

(A)    Applicability.

(1)    The design criteria found in Chapter 13.11 SCCC shall apply to all projects in the PF District.

(2)    All required site development standards of SCCC 13.10.363 and all required special use standards and conditions of SCCC 13.10.365 shall be met. [Ord. 4496-C § 32, 1998; Ord. 3432 § 1, 1983].

13.10.365 Special standards and conditions.

(A)    Master Site Plan Requirements.

(1)    Master Site Plans. Prior to or concurrently with the approval of any new or expanded use for which a Level V approval is required in the Public and Community Facilities PF Zone District, a development permit for a master site plan shall be subject to approval by the Zoning Administrator or Planning Commission. Master site plans for public agency facilities, including special districts and public utilities, shall be approved by the Planning Commission. Such approval shall be accompanied by a finding of General Plan consistency pursuant to Section 65402 of the California Government Code.

(2)    Master Site Plan Elements. The master site plan shall include all proposed immediate and future phases of construction and shall include provisions for adequate access and public services for each phase. Applications for new or expanded public utility facilities shall include present and future service area boundaries related to the facility. Service needs projections related to the General Plan land use allocations and the urban services line, and the phases of facility construction necessary to serve each phase of service area expansion shall be included in the application. Within the Coastal Zone, utility and special district master site plans shall include system capacity reserved for priority coastal uses pursuant to SCCC 17.02.070.

(3)    Environmental Review. The adoption or amendment of a master site plan is a “project” within the meaning of the County environmental impact guidelines and is subject to environmental review.

(4)    Development Permit Approval. Site and facility development permits, when applied for pursuant to an approved master site plan development permit, may be processed as a Level IV approval or according to an over-the-counter staff review specified by the conditions of the master site plan approval.

(B)    Special Standards for School Employee Housing and Affordable Rental Housing.

(1)    Definitions. As used in this Article VI, Public and Community Facilities PF District, the following phrases are defined as follows:

(a)    “Affordable rental housing” means a multi-family rental housing project in which all the units, except for a manager’s unit, are affordable to and restricted to occupancy by lower-income households as defined in Title 25 of the California Code of Regulations, § 6928. Affordable rental housing projects may be located on a site in the Public and Community Facilities “PF” zone district within the USL or RSL. The housing shall be developed and operated by a qualified 501(c)(3) non-profit organization and restricted for lower-income housing use for a term of at least 55 years, pursuant to a recorded rent regulatory agreement with the County. The project may not be subdivided into individual condominium units for sale.

(b)    “School employee housing” means multi-family rental housing for employees of the school district or private school (“school entity”) that owns the housing project. The rental units may be designed for occupancy by an individual employee of the school entity, or by an employee and their family or household, or a combination of unit types. School employee housing shall be located on sites that are (i) owned by a school entity; and (ii) located in the Public and Community Facilities (PF) Zone District, as provided in SCCC Article V, “Public and Community Facilities PF District,” SCCC 13.10.361 through 13.10.365. The project may not be subdivided into individual condominium units for sale.

(2)    Residential Density. The density range for school employee housing and affordable rental housing shall be up to Urban High Density. The appropriate number of units shall be determined for each project, based upon an analysis of the adequacy of services and infrastructure that exists or that will be provided concurrent with development to support the proposed number of residential units and protection of environmental resources pursuant to SCCC Title 16. As a public/quasi-public use, school employee housing proposed on PF-zoned sites located outside the URL and RSL is not subject to residential density determinations in Chapter 13.14 SCCC, Rural Residential Density Determinations.

(3)    Application Requirements. Applications for school employee housing and affordable rental housing require discretionary approval as provided in SCCC 13.10.362(B)(2) (PF Uses Chart) and are subject to environmental review under State law. As required pursuant to the General Plan, Chapters 7.38, 7.70, 7.71, 7.73 SCCC, SCCC Title 16, and other applicable laws and regulations, applications shall include information to demonstrate that adequate services and infrastructure, such as water supply, sewage disposal, fire protection, and roads, are available or will be provided concurrently with development. The County or applicable special district may require additional supplemental material and reports such as traffic studies, environmental reports, evaluation of potential impacts to water systems, and certification by the Environmental Health Services Division of the County Health Services Agency and the fire protection agency as needed to demonstrate compliance with laws and regulations requiring protection of public health and safety and environmental resources including riparian areas and other sensitive habitats, water quality, and provision of appropriate drainage and erosion control. [Ord. 5320 § 2, 2019; Ord. 3432 § 1, 1983].

Article VII. Timber Production TP District

13.10.371 Purposes of the Timber Production TP District.

In addition to the general objectives of this chapter, the TP District is included in the zoning ordinance to achieve the following purposes:

(A)    To protect and maintain the timberland of the County through regulation of timberland use; to establish a zone district consistent with the mandates of the California Timberland Productivity Act of 1982; to protect the health, safety and welfare of the people of Santa Cruz County; and to preserve agriculture and other open space uses where compatible with timberland uses. [Ord. 4873 § 5, 2007; Ord. 3632 § 11, 1985; Ord. 3432 § 1, 1983].

13.10.372 Uses in the Timber Production TP District.

(A)    Principal Permitted Uses in the Coastal Zone.

(1)    In the Coastal Zone, the principal permitted uses in the Timber Production TP District shall be the growing and harvesting of timber, watershed management, fish and wildlife habitat management, agriculture, and one single-family dwelling per parcel including appurtenant uses and structures.

(2)    Principal permitted uses are all listed as uses requiring a Level IV or lower approval, or as otherwise denoted with the letter P in the TP uses chart in subsection (B) of this section. In the Coastal Zone, actions to approve uses other than principal permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, pursuant to Chapter 13.20 SCCC, any development is appealable.

(B)    Allowed Uses. The uses allowed in the Timber Production Districts shall be as provided in the timber production uses chart below. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in the district is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in the chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123.

TP USES CHART

A

=

Use must be ancillary and incidental to a principal permitted use on the site

P

=

Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone

F

=

Subject to the additional findings required in SCCC 13.10.345(B)

M

=

Mining permit required (Level VI; see Chapter 16.54 SCCC, Mining Regulations)

1

=

Approval Level I (administrative, no plans required)

2

=

Approval Level II (administrative, plans required)

3

=

Approval Level III (administrative, field visit required)

4

=

Approval Level IV (administrative, public notice required)

5

=

Approval Level V (public hearing by Zoning Administrator required)

6

=

Approval Level VI (public hearing by Planning Commission required)

7

=

Approval Level VII (public hearing by Planning Commission and Board of Supervisors required)

=

Use not allowed in this zone district

*

=

Level IV for projects of less than 2,000 square feet; Level V for projects of 2,000 to 20,000 square feet; Level VI for projects of over 20,000 square feet

**

=

BP only or Level V based on code section cited with the use

BP

=

Building Permit Only

USE

PERMIT REQUIRED

Accessory structures, habitable (not including ADUs), when incidental to a residential use (subject to SCCC 13.10.611, 13.10.322(B), and 13.10.373). See ADUs under “Residential” below.

BP/5**

Accessory structures, nonhabitable, when incidental to a residential use (subject to SCCC 13.10.611, 13.10.322(B) and 13.10.373)

BP/5**

Accessory structures, nonhabitable, when incidental to timber production or agricultural use, subject only to the provisions of SCCC 16.22.060

BP Only

Agriculture:

 

(1) Agricultural uses on that portion of the land not under timber production:

 

* All permitted uses in the CA District (SCCC 13.10.312)

P

* All discretionary uses in the CA District (SCCC 13.10.312)

5

(2) Conversion of timberland to agricultural uses not exceeding 10 percent of the total of the timber area on the parcel

5

Cannabis cultivation (subject to SCCC 13.10.650)Ŧ

 

Indoor cultivation (existing legal structure, other than greenhouse)

 

Outside Coastal Zone and 1-mile buffer

4X/5

Inside Coastal Zone and 1-mile buffer

New indoor cultivation structure (not greenhouse)

 

Outside Coastal Zone and 1-mile buffer

4X/5

Inside Coastal Zone and 1-mile buffer

Greenhouse (existing legal), conversion, replacement, reconstruction or structural alteration

 

Outside Coastal Zone and 1-mile buffer

4X/5

Inside Coastal Zone and 1-mile buffer

Greenhouse (new)

 

Outside Coastal Zone and 1-mile buffer

4X/5

Inside Coastal Zone and 1-mile buffer

Outdoor cultivation (or new or existing hoop house)

 

Outside Coastal Zone and 1-mile buffer

 

< 500 square feet

4X/5

> 500 square feet

5

Inside Coastal Zone and 1-mile buffer

Water tank (accessory to cannabis use)

3

Cannabis Manufacturing (subject to SCCC 13.10.650), ancillary to on-site commercial cannabis cultivationŦ

 

Classes 1—2

 

Outside Coastal Zone and 1-mile buffer, new or existing legal structure

3/5***

Inside Coastal Zone + 1 mile

Class 3

Cannabis Distribution (subject to SCCC 13.10.650)Ŧ

 

Class 1

 

Outside Coastal Zone and 1-mile buffer

 

Existing Legal structure

3

New structure

5

Inside Coastal Zone and 1-mile buffer

Class 2

Transport Only

P

Ŧ With a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. Non-retail commercial cannabis uses may be permitted in the TP zoning district only on sites with a pre-existing legal commercial use. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer.

XLevel 4 approval applies only to Class CG licensed cultivation activities.

***Level 5 approval required if manufacturing activity involves cannabis imported from offsite.

Energy systems; community (subject to SCCC 13.10.661 and 13.10.700-E definition)

5

Habitat management, fish and wildlife, in addition to timber harvesting

P

Mining: mineral production and quarry operations

M

Manufactured home, subject to the provisions of SCCC 13.10.682

3

Organized camps and facilities for outdoor recreational, educational, religious activities (subject to SCCC 13.10.351 et seq., PR District; and SCCC 13.10.692, organized camp requirements)

5

Research facilities for wildlife observation and research

5

Residential: one single-family dwelling per existing parcel of record

3

Dwelling groups of single-family dwelling (subject to the density and other requirements in SCCC 13.10.373, 13.10.374, and 13.10.375)

5 (2 dwelling units) 7 (more than 2 dwelling units)

Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) subject to SCCC 13.10.681

 

Inside the coastal zone

2A

Outside the coastal zone

BP

Child care homes, large family (must be in conjunction with residential use) (see SCCC 13.10.686 and SCCC 13.10.700-C definition)

5

Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition)

P

Mobile home, temporary, for not more than five years for a caretaker or watchman in isolated areas on a minimum of 10 acres

5

Hosted rentals, subject to SCCC 13.10.690

1P

Septic tank sludge disposal sites that are approved by the Health Officer pursuant to Chapter 7.42 SCCC and that are located outside the Coastal Zone

4

State parks (subject to SCCC 13.10.351 et seq., PR)

5

Timber: Growing, harvesting: the cutting and removal of timber and other forest products, and work incidental thereto

P

Utilities: gas, electric, water, or communications transmission facilities; energy facilities (see SCCC 13.10.700-E definition)

5

Visitor accommodations, such as:

 

Bed and breakfast inns (subject to SCCC 13.10.691, and only one inn per 40 acres and having an access road approved by the responsible fire-protection agency)

5

Small-scale, in the Coastal Zone, upon conversion of an existing structure (subject to Chapter 13.20 SCCC and VA District regulations, SCCC 13.10.330 et seq.)

5

Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694)

4

Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694)

5

Watershed management, in addition to timber harvesting

P

Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive

BP/5

[Ord. 5439 § 7, 2023; Ord. 5402 § 7, 2022; Ord. 5382 § 4, 2021; Ord. 5365 § 4, 2021; Ord. 5345 § 4, 2020; Ord. 5336 § 6, 2020; Ord. 5334 § 6, 2020; Ord. 5326 § 17, 2020; Ord. 5325 § 17, 2020; Ord. 5272 § 6, 2018; Ord. 5266 § 5, 2018; Ord. 5229 § 4, 2016; Ord. 5092 § 4, 2011; Ord. 4873 § 6, 2007; Ord. 4836 §§ 92, 93, 2006; Ord. 4814 § 5, 2006; Ord. 4808 § 21, 2005; Ord. 4770 § 9, 2004; Ord. 4744 § 9, 2003; Ord. 4715 § 9, 2003; Ord. 4577 § 9, 1999; Ord. 4496-C § 33, 1998; Ord. 4099 § 5, 1990; Ord. 4036 § 6, 1989; Ord. 3893 § 2, 1988; Ord. 3842 § 2, 1987; Ord. 3747 § 1, 1986; Ord. 3632 § 11, 1985; Ord. 3593 § 11, 1984; Ord. 3432 § 1, 1983].

13.10.373 Development standards for the Timber Production TP District.

(A)    Site and Structural Dimensions. The following site width, frontage, yard dimensions, lot coverage, and building height limit shall apply within the TP District:

TP SITE AND STRUCTURAL DIMENSIONS CHART

Minimum Site Width (feet)

Minimum Parcel Frontage (feet)

Minimum Yards (feet)

Maximum Lot Coverage

Maximum Building Height (feet)

Front

Side

Rear

100

60

40

20

20

10%

28

Footnote:

(1) Exceptions to these standards for residential development may be found in SCCC 13.10.323.

(B)    Minimum Parcel Size.

(1)    Parcels zoned as timber production under this chapter may not be divided into parcels containing less than 160 acres unless the owner submits a joint timber management plan prepared or approved as to content by a registered professional forester. The individual designated as possessor of timber rights on the property, as required under subsection (E) of this section, shall enter into a binding contract with the Board of Supervisors to manage and harvest timber on the timberland and to abide by the provisions of the timber management plan. Any such division shall require approval by a four-fifths vote of the Board of Supervisors. (See chart below.)

(2)    Outside the Coastal Zone, no land division shall create parcels smaller than 40 acres, and inside the Coastal Zone smaller than 160 acres, except pursuant to a Level VII approval that conforms to the conditional densities and special findings required by this section and SCCC 13.10.375. (See chart below.)

(3)    Other regulations regarding minimum parcel sizes are found in SCCC 13.10.510(G).

(C)    Maximum Residential Density. Residential density shall not exceed:

1 dwelling unit per 10 acres outside the Coastal Zone

1 dwelling unit per 40 acres inside the Coastal Zone

and shall conform to the General Plan and Chapter 13.14 SCCC, rural residential density determination matrix. (See chart below.)

Summary Parcel Size and Density Chart 

 

Outside Coastal Zone

Inside Coastal Zone

Timber management plan required if parcels will be smaller than

160 acres

160 acres

Smallest parcels allowed without clustering and Level VII approval

40 acres

160 acres

Highest density allowed with clustering and Level VII approval

10 ac/du

40 ac/du

(D)    Clustering. Dwellings built as part of a dwelling group shall be clustered within 200 to 300 feet of each other, where feasible, to facilitate timber harvesting and to preserve the rural character of the land.

(E)    Timber Rights. In a clustered development, that portion of the property not included within the area of clustered parcels shall be held in common ownership and timber rights shall be held by a designated property owner or individual.

(F)    Other Regulations. Regulations regarding the use of nondevelopable land are found in SCCC 13.10.671 and regarding the use of urban open space land in SCCC 13.10.672. [Ord. 4416 § 8, 1996; Ord. 4406 § 8, 1996; Ord. 3747 §§ 2, 3, 1986; Ord. 3632 § 11, 1985; Ord. 3432 § 1, 1983].

13.10.374 Design criteria for the Timber Production TP District.

(A)    Residential Uses. The design criteria found in Chapter 13.11 SCCC shall apply to all projects of three or more units.

(B)    Other Uses. The design criteria to be applied to all uses other than those subject to a timber harvesting or mining permit shall be as provided in Chapter 13.11 SCCC. [Ord. 4496-C §§ 34, 35, 1998; Ord. 3632 § 11, 1985; Ord. 3432 § 1, 1983].

13.10.375 Special standards and conditions for the Timber Production TP District.

(A)    Required Special Findings for Nontimber Growing and Harvesting Uses. The following special findings shall be made in addition to the findings required by Chapter 18.10 SCCC:

(1)    The proposed uses will be physically compatible with the growing and harvesting of Productivity Act of 1982 and the purposes of SCCC 13.10.371.

(2)    The proposed use is supported by a compatibility analysis, as defined in SCCC 13.10.700-C, submitted as a part of the application for such proposed use, and which compatibility analysis has been approved as submitted, or as amended by the County, as a condition upon any permit granted.

(B)    Agricultural Resource Protection. The regulations and requirements of Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, and the General Plan and Local Coastal Program Land Use Plan policies pertaining to agricultural resource lands shall apply to all agricultural resource lands designated pursuant to Chapter 16.50 SCCC and located within the TP District.

(C)    Zoning to the TP District. An owner may petition to rezone land to the Timber Production District. The Board of Supervisors shall, by ordinance, upon the advice of the Planning Commission pursuant to Government Code Section 51110.2, and after public hearings, zone as Timber Production parcels submitted to it by petition pursuant to Government Code Section 51113, which meet all of the following criteria:

(1)    Submittal of a map with the legal description or assessor’s parcel number of the property to be zoned.

(2)    Submittal of a timber management plan for the property that has been prepared, or approved as to content, by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan.

(3)    The parcel must either currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the Board of Forestry for the Southern Subdistrict of the Coast Forest District, or the owner must enter into an agreement with the Board of Supervisors that the parcel shall meet such stocking standards and Forest Practice Rules by the fifth anniversary of the signing of the agreement. Failure to meet such stocking standards and Forest Practice Rules within this time period shall constitute grounds for rezoning the parcel.

(4)    Upon the fifth anniversary of the signing of the agreement, the Board shall determine whether the parcel meets the timber stocking standards in effect on the date that the agreement was signed. If the parcel fails to meet the timber stocking standards, the Board shall immediately rezone the parcel and specify a new zone for the parcel, which is in conformance with the General Plan/Local Coastal Program Land Use Plan and whose primary use is other than timberland.

(5)    The parcel is timberland as defined in subdivision (f) of Government Code Section 51104.

(6)    Use of the parcel complies with the Timber Production Zone uses set forth in SCCC 13.10.372.

(7)    The land area to be rezoned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of single or contiguous parcels consisting of at least 40 acres in area.

(D)    Rezoning to Another District. Rezoning of the land from Timber Production (TP) to another zone district shall conform to the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements. [Ord. 5015 § 1, 2008; Ord. 4873 §§ 7, 8, 2007; Ord. 4577 § 10, 1999; Ord. 4496-C § 36, 1998; Ord. 3632 § 11, 1985; Ord. 3432 § 1, 1983].

13.10.376 Public notification requirements.

(A)    A seller of real property which is located adjacent to land included in the Timber Production (TP) Zone as shown on the County Assessor’s parcel maps shall disclose to the prospective purchaser that:

(1)    Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. This property adjoins land included in the Timber Production Zone as designated on the County Assessor parcel maps. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to the growing and harvesting of timber or other uses permitted within the Timber Production Zone.

(B)    The following statement shall be included in the seller’s disclosure statement in the form set forth in subdivision (b) of Section 1102.6a of the California Civil Code for the transfer of real property adjacent to land included in a Timber Production Zone as designated on the County Assessor parcel maps and shall be recorded as part of any deed conveying the property:

The property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone.

(C)    The County Building Official shall require, prior to issuance of building permits on parcel(s) adjacent to a Timber Production Zone, either:

(1)    Recordation of the following statement of acknowledgement by the owners of the property on a form approved by the Building Official:

The undersigned _______ do hereby certify to be the owner(s) of the hereinafter legally described real property located in the County of Santa Cruz, State of California _______ and do hereby acknowledge that the property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone.

This statement of acknowledgement shall be recorded and shall be binding upon the undersigned, and future owners, encumbrances, their successors, heirs or assignees. The information contained in this statement of acknowledgement is required to be disclosed to prospective purchasers of the property described herein, and is required to be included in the seller’s disclosure statement for the purchase of the property, and in any deed conveying the property.

or

(2)    Evidence that the above statement or a disclosure statement in compliance with subsection (B) of this section has been recorded in the official records of Santa Cruz County as part of the deed of the parcel. [Ord. 4197 § 1, 1992].

13.10.378 Timber harvest related helicopter operations.

Staging and loading activities, and service areas, for timber operations involving the use of helicopters shall be prohibited unless the staging, loading or service area:

(A)    Is on the parcel or on a parcel which is contiguous to the parcel from which the timber is being harvested;

(B)    Is within a parcel that is either zoned TP or is zoned in another zone district where timber harvesting is permitted; and

(C)    Is within the boundaries of the timber harvest plan (THP) or the nonindustrial timber management plan (NTMP), and the THP or NTMP is approved by the California Department of Forestry and Fire Protection. [Ord. 4578 § 3, 1999; Ord. 4572 § 1, 1999].

Article VIII. Special Use SU District

13.10.381 Purposes of the Special Use SU District.

In addition to the general objectives of this chapter, the SU District is included in the zoning ordinance to achieve the following purposes:

(A)    General. To provide for and regulate the use of land for which flexibility of use and regulation are necessary to ensure consistency with the General Plan, and to encourage the planning of large parcels to achieve integrated design of major developments, good land use planning, and protection of open space, resource, and environmental values.

(B)    Lands with a Variety of Physical Constraints. To provide for the development of lands with a variety of physical hazard constraints or about which there is a lack of sufficient information about the particular characteristics of the land or where some unusual feature of the known characteristics of the land precludes effective use and regulation of such land under any other zone district.

(C)    Mixed Uses. To provide for the development of lands which are designated on the General Plan for mixed uses, and where the specific portions of the land reserved for each use have not yet been specified or determined in detail. [Ord. 3432 § 1, 1983].

13.10.382 Uses in the Special Use SU District.

(A)    Allowed Uses.

(1)    All uses allowed in the RA and R-1 Zone Districts shall be allowed in the Special Use SU District where consistent with the General Plan and Local Coastal Program and when authorized at the highest approval levels specified in the uses chart in SCCC 13.10.322(B) for those districts.

(2)    All uses allowed in zone districts other than RA and R-l shall be allowed in the Special Use SU District where consistent with the General Plan and Local Coastal Program and when authorized at the highest approval level required by all such districts but no lower than Level V, with the exception of permanent room housing, which shall be allowed with a use/development permit processed with public notice and a Planning Commission public hearing (Level VI process), subject to SCCC 13.10.424 through 13.10.429.

(3)    Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the Special Use SU Zone District.

(4)    Vacation rentals are allowed in the Special Use SU District where the underlying General Plan land use designation allows residential uses with no requirement to have any other use. The applicable General Plan land use designations that allow residential uses with no requirement to have any other use are the Agricultural (AG) land use designation, the Existing Park, Recreation and Open Space (O-R) land use designation, the Urban Open Space Lands (O-U) land use designation, and all residential land use designations (R-M, R-R, R-S, R-UVL, R-UL, R-UM, and R-UH).

(B)    Principal Permitted Uses. The allowed uses in the Special Use SU District are not principal permitted uses, except for a single-family dwelling on an existing parcel of record and agricultural uses, for the purposes of Coastal Zone appeals pursuant to Chapter 13.20 SCCC, Coastal Zone Regulations. Actions to approve these uses in the Coastal Zone are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC.

(C)    Non-Retail Commercial Cannabis Uses.

(1)    Commercial cannabis cultivation uses may be permitted within the Special Use (SU) District, subject to all applicable requirements of SCCC 13.10.650 and Chapter 7.128 SCCC, where the General Plan designation is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry). Where the General Plan designation is R-R, R-M, or AG, cultivation uses may be permitted subject to the limitations applicable under SCCC 13.10.312(B) and 13.10.650 in the RA Zone District. Where the General Plan designation is I, cultivation uses may be permitted subject to the limitations applicable under SCCC 13.10.342(B) and 13.10.650 in the M-3 Zoning District.

(2)    Commercial cannabis manufacturing uses may be permitted within the Special Use (SU) District, subject to all applicable requirements of SCCC 13.10.650 and Chapter 7.128 SCCC, where the General Plan designation of the parcel is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry). Where the General Plan designation is R-R, R-M or AG, manufacturing uses may be permitted subject to the limitations applicable under SCCC 13.10.312(B) and 13.10.650 in the RA Zone District. Where the General Plan designation is I, manufacturing uses may be permitted subject to the limitations applicable under SCCC 13.10.342(B) and 13.10.650 in the M-3 Zoning District.

(3)    Class 1 cannabis distribution may be permitted within the Special Use (SU) District, subject to all applicable requirements of SCCC 13.10.650 and Chapter 7.128 SCCC, where the General Plan designation of the parcel is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry). Where the General Plan designation is R-R, R-M or AG, Class 1 distribution uses may be permitted subject to the limitations applicable under SCCC 13.10.312(B) and 13.10.650 in the RA Zone District. Where the parcel has a General Plan designation of I, Class 1 distribution uses may be permitted subject to the limitations of SCCC 13.10.342(B) and 13.10.650 for the M-3 zoning district. Class 2 cannabis distribution may be permitted within the Special Use (SU) District, subject to all applicable requirements of SCCC 13.10.650 and Chapter 7.128 SCCC, where the General Plan designation is Service Commercial/Light Industry (C-S) or I. Class 2 distribution uses on these parcels may be permitted subject to the limitations of SCCC 13.10.342(B) and 13.10.650 for the M-3 Zoning District.

(D)    Densities.

(1)    Residential densities allowed in the Special Use Zone District shall be consistent with those specified in the General Plan and Local Coastal Program Land Use Plan, and in Chapter 13.14 SCCC, Rural Residential Density Determinations.

(2)    Visitor accommodations densities shall be consistent with SCCC 13.10.335 when the General Plan designation is visitor accommodations or coastal commercial; and consistent with SCCC 13.10.353 when the General Plan designation is parks and recreation or proposed park and recreation. [Ord. 5305 § 4, 2019; Ord. 5272 § 8, 2018; Ord. 5092 § 5, 2011; Ord. 4577 § 11, 1999; Ord. 3632 § 12, 1985; Ord. 3432 § 1, 1983].

13.10.383 Development standards for the Special Use SU District.

(A)    Site and Structural Dimensions. For single-family dwellings and accessory structures, the district development standards shall be the same as those contained in SCCC 13.10.323 pertaining to residential districts and shall further be based on the size of the parcel for purposes of applying SCCC 13.10.323(B). For structures other than single-family dwellings and accessory structures, the building height limits, required site area, required yards, and other regulations for any permitted use shall be in keeping with the requirements, restrictions or regulations provided in this chapter for the most restrictive district within which the use is allowed.

(B)    Other Regulations. Other development standards applicable to the Special Use Zone District are contained in the following sections of this code:

 

 

SCCC

General site standards

13.10.510, et seq.

Signs

13.10.580, et seq.

Parking

13.10.550, et seq.

Fences

13.10.525

Minimum parcel size

13.10.510(G)

Use of nondevelopable land

13.10.671

Use of urban open space land

13.10.672

Trip reduction requirements (development projects for 50 or more employees)

13.10.591

Trip reduction requirements (residential development of 25 or more housing units)

13.10.592

Design review

13.11.010, et seq.

Agricultural buffers/setback

16.50.095

[Ord. 4314 § 6, 1994; Ord. 3432 § 1, 1983].

13.10.384 Design criteria for the Special Use SU District.

(A)    Residential Uses. The design criteria found in Chapter 13.11 SCCC shall apply to all projects of three or more units, involving apartments, townhouses, condominiums, groups of single-family dwellings, and combinations thereof.

(B)    Other Uses. The design criteria for all other uses shall be as provided in this chapter for the most restrictive district within which the use is listed as a permitted use, or in the event the use is not listed as a permitted use, the most restrictive district which the use is listed as one requiring a discretionary permit. [Ord. 4496-C § 37, 1998; Ord. 3432 § 1, 1983].

13.10.385 Special standards and conditions for the Special Use SU District.

(A)    Divisions. Division of any parcel in the Special Use SU District shall be allowed only pursuant to the following approvals: two to 19 lots or five to 19 units as a Level VI approval; and 20 or more lots or units as a Level VII approval. [Ord. 4496-C § 38, 1998; Ord. 3632 § 13, 1985; Ord. 3432 § 1, 1983].

13.10.390 Residential density bonuses and affordability incentives.

Repealed by Ords. 4815 and 5055. [Ord. 4346 § 25, 1994].

13.10.391 Density bonus authorized.

Repealed by Ords. 4815 and 5055. [Ord. 4836 §§ 94, 95, 2006; Ord. 4346 § 25, 1994].

13.10.392 Alternative incentives in place of bonus.

Repealed by Ords. 4815 and 5055. [Ord. 4346 § 25, 1994].

13.10.393 Additional concessions or incentives.

Repealed by Ords. 4815 and 5055. [Ord. 4346 § 25, 1994].

13.10.394 Waiver or modification of standards.

Repealed by Ords. 4815 and 5055. [Ord. 4346 § 25, 1994].

13.10.395 Determination of feasibility.

Repealed by Ords. 4815 and 5055. [Ord. 4346 § 25, 1994].

13.10.396 Additional application and notice requirements.

Repealed by Ords. 4815 and 5055. [Ord. 4346 § 25, 1994].

13.10.397 Enforcement of affordability.

Repealed by Ords. 4815 and 5055. [Ord. 4346 § 25, 1994].

Part IV. COMBINING ZONE DISTRICTS

13.10.400 Combining zone districts.

The following combining designations may be applied to basic zone districts in order to impose particular limitations or exercise some type of planning control. A combining district shall be denoted by the use of a dash and the letter(s) listed below under “Designation,” following the basic zoning designation:

SCCC

Designation

Summary of Limitations Imposed

13.10.416 through 13.10.418

D (Designated Park Site)

Denotes parcels designated in the General Plan and Local Coastal Program Land Use Plan in whole or part as proposed park sites.

13.10.421 through 13.10.423

GH (Geologic Hazards)

Denotes the presence of a particular physical hazard on the property; use and development is subject to the geologic hazard ordinance (Chapter 16.10 SCCC) regulations.

13.10.424 through 13.10.429

PRH (Permanent Room Housing Combining District)

Denotes parcels with structures originally in use as Type A visitor accommodations, nursing homes, residential care facilities, or other transient accommodations or care facilities, which may be used as permanent multifamily rental housing in multifamily structures or dwelling groups, with specific use and development standards.

13.10.431 through 13.10.433

H (Assisted Housing)

General Plan and Local Coastal Program Land Use Plan policies regarding affordable housing priority sites apply.

13.10.434 through 13.10.436

SBE (Seascape Beach Estates) Combining Zone District

Denotes parcels in the Seascape Beach Estates neighborhood with special residential development standards intended to maintain characteristics of the existing built environment and ensure protection of the public viewshed.

13.10.437 through 13.10.439

AIA (Airport Combining District)

Denotes parcels within two miles of the boundary of the Watsonville Municipal Airport; use and development is subject to the Airport Combining Zone District ordinance (Chapter 13.12 SCCC) regulations.

13.10.441 through 13.10.443

I (Statement of Intention)

Board of Supervisors has agreed not to rezone the property in the foreseeable future.

13.10.444 through 13.10.448

PP (Pleasure Point Community Design)

Denotes parcels subject to special residential design standards and guidelines specific to the Pleasure Point neighborhood, to be applied in addition to the residential site standards found in SCCC 13.10.323(B).

13.10.451 through 13.10.453

L (Historic Landmark)

Property/structure has been designated a historic landmark and is subject to the regulations of the historic resources ordinance (Chapter 16.42 SCCC).

13.10.456 through 13.10.458

MH (Mobile Home Park)

Denoted property upon which a mobile home park has been established pursuant to an approved development permit or legally established prior to the requirement for a development permit; mobile home park development, operation, rental, sale and conversion are subject to all provisions of Federal, State and County regulations.

13.10.461 through 13.10.463

O (Open Space Easement)

Owner has executed an open space easement contract with the County to maintain the land in its natural state for a period of 10 years. The 10-year period is renewed every year.

13.10.471 through 13.10.473

P (Agricultural Preserve)

Owner has executed an agricultural preserve contract with the County to maintain the land in agricultural and open space use for a period of 10 years. The 10-year period is renewed every year.

13.10.481 through 13.10.483

SP (Salamander Protection)

The regulations of the sensitive habitat protection ordinance (Chapter 16.32 SCCC) apply and require special site development standards to protect the endangered species.

[Ord. 5307 § 2, 2019; Ord. 5305 §§ 5, 6, 2019; Ord. 5294 § 2, 2019; Ord. 5063 § 2, 2010; Ord. 4836 § 96, 2006; Ord. 4370 § 3, 1995; Ord. 4346 § 26, 1994; Ord. 3432 § 1, 1983].

Article I. “D” Designated Park Site Combining District

13.10.416 Purposes of the “D” Designated Park Site Combining Zone District.

The Designated Park Site Combining District is established to denote those parcels which have been designated in whole or part by the County General Plan to be acquired and/or developed for future neighborhood, community or regional public recreational facilities. [Ord. 3844 § 4, 1987].

13.10.417 Designation of the “D” Designated Park Site Combining District.

Parcels which have been designated by the County General Plan for future acquisition and/or development in whole or part for neighborhood, community, or regional parks shall be placed in a Designated Park Site “D” Combining District. Other properties designated in the County General Plan for any other type of future public recreational use may be placed in a Designated Park Site “D” Combining District at the discretion of the Board of Supervisors following a recommendation from the Planning Commission. [Ord. 3844 § 4, 1987].

13.10.418 Use and development standards in the “D” Designated Park Site Combining District.

(A)    Any project located within the “D” Combining District for which an application for one or more of the following permits or approvals is submitted in accordance with Chapter 18.10 SCCC may, at the discretion of the Director of Parks, Open Space and Cultural Services, be submitted to the County Parks and Recreation Commission for a park site review pursuant to SCCC 15.01.080:

(1)    A building permit for a new single-family dwelling;

(2)    A building permit for a new accessory dwelling unit inside the coastal zone;

(3)    A coastal development permit for a new single-family dwelling or an accessory dwelling unit that is not exempt or excluded pursuant to Chapter 13.20 SCCC;

(4)    A land division permit;

(5)    A commercial development permit;

(6)    A policy amendment; or

(7)    Any other development permit processed at Level V or greater.

Each member of the Board of Supervisors shall be notified by the Director in writing if the determination of the Director is not to proceed with the review, and a member shall have 10 calendar days following receipt of such notification by the Board to refer the application to the Parks and Recreation Commission. The Parks and Recreation Commission shall consider possible County acquisition of the land and appropriate recreational development and use of it, pursuant to Chapter 15.01 SCCC.

(B)    If the Parks and Recreation Commission recommends the acquisition of a designated park site which would preclude development of the proposed project in any form, the project application shall be forwarded directly to the Board of Supervisors to consider acquiring the property according to the procedures established to implement General Plan policies for park land acquisition.

(C)    If the Parks and Recreation Commission recommends acquisition of only a part of a parcel and/or development of the land in a manner which would allow the project to proceed in the proposed form or a modified form, their recommendation shall be incorporated into the design of the project. Failure to incorporate the Parks and Recreation Commission’s recommendations into the proposed project shall constitute grounds for denial of the project application.

(D)    If the Parks and Recreation Commission, or subsequently the Board of Supervisors, determines that the acquisition and/or development of a designated park site in whole or in part for park and recreation use is not appropriate or feasible, the proposed project shall be subject only to the regulations of the basic zone district.

(E)    Determinations of the Parks and Recreation Commission regarding the acquisition of designated park sites are appealable to the Board of Supervisors pursuant to Article VI of Chapter 18.10 SCCC. [Ord. 5382 § 5, 2021; Ord. 5372 § 5, 2021; Ord. 5265 § 6, 2018; Ord. 5264 § 7, 2018; Ord. 5239 § 6, 2017; amended during 9/07 supplement; Ord. 4772 § 3, 2004; Ord. 3844 § 4, 1987].

Article II. GH Geologic Hazards Combining District

13.10.421 Purposes of the Geologic Hazards GH Combining District.

The purposes of the GH Combining District are:

(A)    To designate those lands which are located in areas containing geologic hazards which constitute a threat to life and property.

(B)    To facilitate implementation of the requirements of the geologic hazards ordinance, Chapter 16.10 SCCC, to reduce the loss of life, injury, damage to public and private property, and public costs for rescue operations, disaster relief and cleanup which are associated with the natural physical hazards of earthquakes, tsunamis, floods, and landslides. [Ord. 3432 § 1, 1983].

13.10.422 Designation of the Geologic Hazard GH Combining District.

(A)    The Geologic Hazards GH Combining District may be applied to properties where appropriate to facilitate the planning and regulation of land use and development where one or more of the following geologic hazards exist:

(1)    Coastal bluffs and beach areas;

(2)    Active and potentially active fault zones;

(3)    Areas of high or very high liquefaction potential;

(4)    Active and potentially active landslide areas;

(5)    One-hundred-year floodplains and tsunami inundation areas.

These hazards are mapped on documents filed with the Planning Department.

(B)    The Geologic Hazards Combining District shall usually be applied to the entire parcel on which the geologic hazard is located in order to provide early notice of the development constraint and to allow precise determination of the presence and location of the hazard at the time of development project review. [Ord. 3432 § 1, 1983].

13.10.423 Use and development standards in the Geologic Hazards GH Combining District.

In addition to the regulations for development and use imposed by the basic zone district, all projects shall be subject to the provisions of the geologic hazards ordinance, Chapter 16.10 SCCC, as appropriate based on the type of specific geologic hazard(s) which are present on the property and the location of the project. [Ord. 3432 § 1, 1983].

Article II-A. PRH Permanent Room Housing Combining District

13.10.424 Definitions.

The following words and phrases are defined in SCCC 13.10.700:

(A)    “Affordable housing.”

(B)    “Hotel.”

(C)    “Limited food preparation area.”

(D)    “Lodging house.”

(E)    “Motel”

(F)    “Nursing home.”

(G)    “Permanent room housing unit.”

(H)    “Residential care home.”

(I)    “Visitor accommodations, Type A.” [Ord. 5305 § 7, 2019].

13.10.425 Purposes of the Permanent Room Housing PRH Combining District.

The purposes of the Permanent Room Housing PRH Combining District are to:

(A)    Preserve safe housing that is affordable by design and often occupied by low- and moderate-income residents who live or work in Santa Cruz County;

(B)    Provide property owners with an option to legally recognize or convert obsolete Type A visitor accommodation, nursing home, residential care, and other similar facilities to multifamily structures or dwelling groups, with or without support services;

(C)    Inside the Coastal Zone, encourage and protect lower cost visitor accommodation by disallowing conversion of Type A visitor accommodations that are actively operating, or on land zoned VA or CT, to multifamily structures or dwelling groups.

The PRH Combining District is intended to add an additional allowed use to eligible properties. Property owners within this district are not required to maintain multifamily rental housing in perpetuity. Property owners may amend or supersede PRH use/development permits for other land uses that are associated with the property’s underlying zone district. [Ord. 5305 § 7, 2019].

13.10.426 Designation of the Permanent Room Housing PRH Combining District.

The Permanent Room Housing PRH Combining District shall be available to all RA-, RR-, R-1-, RM-, VA-, PA-, C-1-, C-2-, C-4-, CT- and SU-zoned parcels with buildings that were originally established or permitted for Type A visitor accommodation (motel, hotel, lodging house), nursing home, residential care facility or other similar use. Parcels within the Coastal Zone are subject to Local Coastal Program policies regarding conversion of priority uses. In the Coastal Zone, VA- and CT-zoned parcels are not eligible for the PRH Combining District. [Ord. 5305 § 7, 2019].

13.10.427 Use and development standards in the Permanent Room Housing PRH Combining District.

The following standards and incentives apply to PRH units in the Permanent Room Housing PRH Combining District. Where there are differences between this section and a property’s underlying zone district, the provisions of this section shall apply:

(A)    Occupancy. The maximum number of occupants of a permanent room housing unit may not exceed that allowed by the State Uniform Housing Code, or other applicable State law.

(B)    Number of Permanent Room Housing Units.

(1)    Properties in the PRH Combining Zone District are allowed by right to maintain the number of permanent room housing units present on site at the time that the property is added to the PRH Combining Zone District, subject to the use/development permit.

(2)    Property owners may create additional permanent room housing units on site; provided, that:

(a)    Underlying zone district development standards are not exceeded; and

(b)    Density may not exceed the maximum residential density allowed as follows:

(i)    On properties with General Plan designation Mountain (R-M), Rural (R-R), and Suburban Residential (R-S), maximum density per net developable acre is determined by the rural density matrix calculation (SCCC 13.14.060).

(ii)    On properties with General Plan designation Urban Very Low Density ((R-UVL), Urban Low Density (R-UL), Urban Medium Density (R-UM), and Urban Hight Density (R-UH): maximum density per net developable acre is determined by the General Plan land use designation.

(iii)    On properties with nonresidential General Plan designations: maximum density is that allowed in the R-UH General Plan designation. There is no required minimum nonresidential square footage on PRH Combining Zone District properties.

(c)    Notwithstanding subsections (B)(2)(a) and (b) of this section, new PRH units may be created within existing building envelopes; provided, that these new units meet all other PRH development standards.

(3)    On properties where visitor accommodation is an allowed use, units used exclusively for short-term (less than 30 days) rental are not considered PRH units and are subject to the density requirements in SCCC 13.10.335(B).

(4)    Property owners may demolish existing PRH units and rebuild PRH units at the maximum density allowed per this subsection (B), with a use/development permit per SCCC 13.10.428(A)(2), and in accordance with applicable provisions of SCCC 13.10.262 for nonconforming structures.

(C)    Permanent Room Housing Unit Size. Minimum unit size of 120 square feet. Maximum unit size of 500 square feet. Unit size shall be measured from the inside wall of the unit and shall include all conditioned space.

(1)    Maximum Unit Size Exceptions. Existing units larger than 500 square feet may be recognized and allowed through approval of a use/development permit, subject to SCCC 13.10.428. New units may not be larger than 500 square feet, except that properties without an existing manager’s unit may build one unit up to 1,500 square feet, for habitation by an on-site manager (subject to maximum allowed density and all other site development standards).

(2)    Minimum Room Size for New Units. New units must meet California Building Code requirements for minimum room area.

(D)    Kitchen Facilities. Each permanent room housing unit must include kitchen facilities that at a minimum meet the definition of “limited food preparation area” (SCCC 13.10.700-L), or a common kitchen must be provided to adequately serve residents.

(E)    Bathroom Facilities. Each permanent room housing unit must include one full bathroom (sink, toilet, shower or shower/bathtub combination), or common bathroom facilities must be provided on site at a rate of one full bathroom per six units.

(F)    Health and Safety Requirements. Existing buildings must meet a checklist of minimum health and safety requirements determined by the County, based on the United States Department of Housing and Urban Development’s Housing Quality Standards. A County Building Inspector will conduct inspections to confirm whether properties meet these minimum standards. In order to pass inspection, every item on the inspection checklist must be marked “Yes” or “N/A” for all proposed PRH units.

The following health and safety requirements apply to unpermitted structures, historic structures and new construction, renovation and addition projects:

(1)    Unpermitted Structures. Property owners with structures that were built or renovated without building permits must apply for permits based on current building standards. If owners cannot obtain permits for unpermitted structures or renovations based on current code standards, owners may participate in the County’s Safe Structures program to obtain a certificate to authorize continued use.

(2)    Historic Structures. Historic structures must comply with SCCC 16.42.060.

(3)    New Construction, Renovations, Additions. Any new construction, renovation, or addition must meet current County zoning and building code requirements in the area of work.

(G)    Nonconforming Structures. Permanent room housing units in legal nonconforming structures (structures that do not meet the setback, height, floor area ratio or lot coverage development standards for the underlying zone district) may be altered per SCCC 13.10.262.

(H)    Off-Street Parking Requirement. One space per permanent room housing unit. Parking space dimensions must follow the requirements of SCCC 13.10.554.

(1)    Reduced Parking Allowances. On-site parking for senior, special-needs, and supportive housing may be provided at the following reduced ratios:

(a)    0.5 parking spaces per unit for senior housing and special-needs housing.

(b)    0.3 parking spaces per unit for permanent supportive housing.

In order to qualify for reduced parking allowances, the property owner must provide a signed agreement with the County specifying the type of rental housing to be provided.

(I)    Bicycle Parking. One bicycle parking space per permanent room housing unit is encouraged for properties within 0.5 mile of a Class I, II or III bicycle lane. Bicycle parking space dimensions are provided in SCCC 13.10.560. Storage sheds for bicycles are encouraged but not required.

(J)    Storage. Each permanent room housing unit is encouraged to provide at least 50 cubic feet of storage space in the form of indoor closets, wardrobes, cabinets, indoor common area lockers or storage rooms, or outdoor storage lockers or storage sheds.

(K)    Short-Term Rentals. Short-term (less than 30 days) rentals are allowed in units in the PRH Combining Zone District if short-term rentals meet the following conditions:

(1)    Short-term rental use is existing at the time the PRH zoning application is submitted, and is legally allowed in the underlying zone district.

(2)    Property owner is current in payment of transit occupancy tax (TOT), meaning that any required TOT has been paid for the previous three years.

(a)    Retroactive Payment of TOT. If a proposed PRH unit has been used for short-term rental in the previous three years, but the owner has not registered and paid TOT, proof of retroactive payment of the TOT amount due to the County to the extent allowed by law for the time during which a proposed PRH unit was being used a a short-term rental shall be submitted.

(3)    Maximum 30 percent of units on parcels in the PRH Combining Zone District may be short-term rental units.

(4)    New short-term rental units may be constructed on properties in the PRH Combining Zone District; provided, that all use and development standards in this section are met. [Ord. 5305 § 7, 2019].

13.10.428 Application processing.

(A)    Approvals Required. Property owners with eligible parcels must apply for a zoning plan amendment and a use/development permit for inclusion in the PRH Combining Zone District.

(1)    Zoning plan amendments to add properties to the PRH Combining Zone District allow property owners the option to have permanent room housing units on eligible parcels. Zoning plan amendments are processed per this chapter and Chapter 18.10 SCCC.

(a)    Findings required:

(i)    Zoning plan amendment findings per SCCC 13.10.215(D)(3).

(ii)    In the Coastal Zone, former visitor accommodations are functionally obsolete or economically infeasible, documented by conditions such as low occupancy rates and operation as residential use for three or more years.

(2)    Use/development permits define the parameters of the permanent room housing use on eligible properties and involve Planning Department review to ensure that eligible parcels meet the use and development standards defined in SCCC 13.10.427. Use/development permits must identify the number and location of PRH units on a property. PRH use/development permits are processed as Level VI approvals per Chapter 18.10 SCCC.

Property owners already using a property for permanent room housing must apply for a use/development permit concurrently with a zoning plan amendment. Property owners proposing to convert units to permanent room housing may apply for a zoning plan amendment first, and later apply for a use/development permit before starting to use the property for permanent room housing.

(a)    Findings required:

(i)    Use/development findings per SCCC 18.10.230(A).

(ii)    In the Coastal Zone, former visitor accommodations are functionally obsolete or economically infeasible, documented by conditions such as low occupancy rates and operation as residential use for three or more years.

(3)    Coastal development permits may be required for properties located within the Coastal Zone that do not qualify for an exemption or exclusion per Chapter 13.20 SCCC.

(4)    Building permits may be necessary for renovations or additions required by the Planning Department that are identified during the PRH inspection to meet health and safety requirements.

(B)    Submittal Requirements. Eligible property owners must submit the following information to the Planning Department:

(1)    Application Form. Application forms are available at the Planning Department Permit Center and on the County Planning Department website.

(2)    Owner/Agent Form. If an agent will represent the property owner in submitting the application, the property owner and agent must complete the owner/agent authorization form.

(3)    Application Deposit. The application fee is based on hourly rates for staff time to process the application.

(4)    Permits, plans or other proof that the property is or was previously used as visitor accommodation, convalescent home or similar use.

(5)    Basic site plan and floor plan documenting existing conditions. The site plan must show the location of all property lines, location of all existing buildings, and location of on-site parking spaces. The floor plan must show all units with each unit and rooms within units labeled. Plans are not required to be professionally drawn and do not have to be drawn at a precise scale but must be accurate, neat and readable. The minimum plan size is 11 by 17. Planning Department staff will review compliance with use and development standards, including but not limited to a site visit.

Any proposed renovations or additions must be presented in accordance with usual standards. which may require professionally drawn plans, drawn to scale.

(6)    Proof of long-term rental at each proposed PRH unit (e.g., lease agreements) indicating the unit number and the rent charged per unit. Personal tenant information should be blacked out.

(7)    Indicate any deed restricted affordable housing or intention to enter into deed restricted affordable housing.

(C)    Five-Year Review Requirement. PRH use/development permits shall include a condition of approval requiring a review by County staff at least once every five years from the date of permit issuance to confirm that the property is continuing to meet the use and development standards outlined in SCCC 13.10.427, and to verify compliance with other conditions of approval. The review shall include the following:

(1)    Health/safety special inspection by County Building staff. The completed inspection checklist for each five-year special inspection, documenting that the property meets inspection requirements, must be added to the use/development permit file after completion of the special inspection. Inspection of PRH units shall require tenant permission or a warrant (in the case of an immediate threat to health and safety) as required by applicable law, but the inability to conduct inspections may be cause for revocation of PRH permits.

(2)    Any repairs required in order to pass the inspection checklist must be completed within 120 days of the inspection or as determined by the Building Official, and additional special inspection(s) must be conducted to verify that all repairs have been completed. A maximum of three special inspections may be conducted as part of the five-year review.

(3)    In order to monitor the intended use of PRH units as “affordable by design” to residents and the workforce, at the time of each five-year review, a report regarding rent rates for each PRH unit shall be provided.

(4)    Planning staff shall make the following finding:

(a)    The property remains in compliance with all requirements of the PRH use/development permit and does not meet any of the reasons for denial listed in subsection (D)(1) of this section.

(5)    Five-year review must be complete within 180 days of five-year due date. Property owner request for five-year inspection can begin six months prior to the five-year due date.

(D)    Denial or Revocation of Zoning Plan Amendment and/or Use/Development Permit.

(1)    Findings for Denial or Revocation. A zoning plan amendment and/or use/development permit may be denied, and a use/development permit may be revoked, for any of the following reasons:

(a)    Discovery of false statements intentionally submitted on an application.

(b)    Failure to comply with any of the use/development standards listed in SCCC 13.10.427.

(c)    Failure to pass a required five-year review to maintain the use/development permit within 180 days of five-year due date.

(d)    Verified County Code violation cases that are unrelated to permanent housing use on the property.

(e)    Three or more verified, significant violations of County Code on the property within the last two calendar years. Evidence of significant violation includes, but is not limited to, copies of citations, verified complaints, written warnings and notices of violation, or other documentation filed by Planning Department staff and law enforcement.

(f)    Record of repeated visits by law enforcement to respond to criminal activity on the property, where the activity is attributable to the property owner, management, tenants or visitors.

(g)    Failure to pay transient occupancy tax for historical short-term rental use on the property within the past three years.

(h)    An unacceptable level of adverse neighborhood impacts is being generated by the PRH use, constituting a public nuisance per SCCC 1.12.050.

(i)    The PRH use is not substantially meeting the purposes of the PRH Combining District.

(2)    Process for Revocation. For any of the reasons listed in subsection (D)(1) of this section, the Planning Director may recommend to the Planning Commission that a PRH use/development permit be amended or revoked.

(a)    The Planning Department must send a notice to the permittee specifying the basis for the Planning Director’s recommendation, and the permittee shall have 30 days to respond to this notice.

(b)    If the permittee fails to respond to the notice and does not resolve the problem(s) that form the basis for the recommendation of permit revocation, the Planning Commission shall hold a public hearing to consider the Planning Director’s recommendation and at least 30 days’ written notice of the hearing shall be provided to the permittee specifying the basis for the Planning Director’s recommendation.

(c)    In the PRH Combining Zone District, this revocation process supersedes the revocation process in SCCC 18.10.136. A revocation decision by the Planning Commission is appealable to the Board of Supervisors per SCCC 18.10.340. [Ord. 5305 § 7, 2019].

13.10.429 Exceptions.

An applicant may request an exception to the requirements of SCCC 13.10.427, pursuant to the following:

(A)    Exceptions to the PRH standards may be granted if the project is found to be consistent with the PRH Combining Zone District purposes, found in SCCC 13.10.425, the use/development permit findings found in Chapter 18.10 SCCC, and at least one of the following additional findings:

(1)    There are special existing site or improvement characteristics or circumstances that appropriately excuse the project from meeting one or more of the use and development standards in SCCC 13.10.427; or

(2)    The Permanent Room Housing PRH Combining District purposes, found in SCCC 13.10.425, are better achieved by an alternative design; or

(3)    The granting of an exception will result in a superior project that is consistent with the Permanent Room Housing PRH Combining District purposes.

(B)    Any decision on an exception shall not establish a precedent for future applications. [Ord. 5305 § 7, 2019].

Article III. H Assisted Housing Combining District

13.10.431 Purposes of the Assisted Housing H Combining District.

The purpose of the Assisted Housing H Combining District is to increase the supply of housing affordable to low and moderate income households by means of the designation of sites for 100 percent affordable housing projects which are to be developed in accordance with the affordable housing policies of the Local Coastal Program Land Use Plan. [Ord. 3432 § 1, 1983].

13.10.432 Designation of the Assisted Housing H Combining District.

The Housing H Combining District shall be applied to those parcels designated as “assisted housing sites” in the Local Coastal Program Land Use Plan. [Ord. 3432 § 1, 1983].

13.10.433 Use and development standards in the Assisted Housing H Combining District.

Applications for development projects comprised of 100 percent affordable housing shall be processed by the County on a priority basis. Applications for projects for other than 100 percent affordable housing shall be processed in accordance with the housing site review procedures of the County’s housing development fund program guidelines. The County shall have 12 months from the date of application to decide whether to acquire the site for assisted housing. If the County decides not to acquire the property, the owner may proceed with development consistent with the land uses and densities indicated by the General Plan and Local Coastal Program Land Use Plan; provided, that 35 percent of the units will be affordable. [Ord. 3432 § 1, 1983].

Article III-A. “SBE” Seascape Beach Estates Combining Zone District

13.10.434 Purpose of the SBE Combining District.

The purpose of the SBE Combining District is to:

(A)    Ensure that future development in the Seascape Beach Estates subdivision maintains consistency with the scale, character, and pattern of development that dominates the area by adopting site development standards intended to maintain the unique characteristics of the existing built environment.

(B)    Ensure protection of the public viewshed in this location which is mapped as a Coastal Scenic Resource Area, by regulating future development in the Seascape Beach Estates subdivision to maintain the general existing size and scale of development. [Ord. 5294 § 3, 2019].

13.10.435 Designation of the SBE Combining District.

The SBE Combining District shall apply to parcels in Seascape Beach Estates, an area bordered on the north by Hidden Beach Park, on the east by Via Palo Alto, on the south by Via Verde, and on the west by public beach. Parcels recorded on the following subdivision maps shall be included: Aptos Seascape Estates Unit 1 [Tract 483], Unit 4 [Tract 511], Unit 14 [Tract 574], and the portion of Unit 2 [Tract 497] west of Via Palo Alto. [Ord. 5294 § 3, 2019].

13.10.436 Residential development in the SBE Combining District.

In addition to the residential development standards in SCCC 13.10.323, the following standards apply to residential development in the SBE Combining District. Where there are differences between this section and SCCC 13.10.323, and/or other provisions of Chapter 13.10 SCCC, the provisions of this section shall apply.

(A)    Setbacks.

(1)    Minimum front yard setbacks shall be 20 feet.

(2)    Minimum side yard setbacks shall be 10 percent of lot width, but minimum setbacks shall be no less than five feet and no more than eight feet. On corner lots minimum exterior (street side) side yard setbacks shall be eight feet.

(3)    Minimum rear yard setbacks shall be measured as a specific distance from the front or rear lot line for each lot, as indicated in the figure titled “Seascape Beach Estates: Rear Setbacks.”

(B)    Maximum height of structure shall be limited on certain parcels as indicated in the figure titled “Seascape Beach Estates: Maximum Structure Height.”

(C)    Height of Structure, Measurement Standard. The height of a structure shall be measured from the highest point on the curb at the front of a parcel to the highest point of the structure, excluding chimneys.

(1)    Chimney Measurement. On all lots, chimneys shall not extend more than four feet above the roof unless required by building code regulations.

(2)    For corner lots, height shall be measured from the higher-elevation street side.

(D)    Floor Area Ratio. All parcels shall be subject to a maximum 0.6 (60 percent) floor area ratio.

(E)    Lot Coverage. All parcels that are limited in height to 16 or 18 feet shall be subject to a maximum lot coverage of 0.60 (60 percent). All other parcels shall be subject to a maximum lot coverage of 0.45 (45 percent). Any permit application that involves an increase in lot coverage shall incorporate measures or conditions that direct runoff to the landscape, use permeable paving material, reduce existing impermeable area, and/or incorporate other low impact drainage design practices to control any increase in stormwater runoff.

(F)    Nonconforming Structures.

(1)    Reconstruction of a nonconforming structure requires an administrative site development permit as defined in SCCC 13.10.262(B).

(2)    In the case that a nonconforming structure is damaged by a catastrophic event, reconstruction of the structure or portions thereof is allowed upon issuance of a building permit and any approvals that may be required by other sections of the County Code, if the reconstructed structure does not increase the nonconforming dimensions of the structure. [Ord. 5294 § 3, 2019].

Article III-B. AIA Airport Combining District

13.10.437 Purpose of the Airport “AIA” Combining District.

The purposes of the Airport “AIA” Combining District are to protect public health, safety, and welfare by ensuring the orderly expansion of airports, and to implement land use measures that protect the public from exposure to excessive noise and safety hazards within specified areas around the Watsonville Municipal Airport. [Ord. 5307 § 3, 2019].

13.10.438 Designation of the Airport AIA Combining District.

The Airport AIA Combining District shall be applied to properties within two miles of the boundary of the Watsonville Municipal Airport. [Ord. 5307 § 3, 2019].

13.10.439 Use and development standards in the Airport AIA Combining District.

In addition to the regulations for development and use imposed by the basic zone district, all projects shall be subject to the provisions of the Airport Combining Zone District Ordinance, Chapter 13.12 SCCC. [Ord. 5307 § 3, 2019].

Article IV. I Statement of Intention Combining District

13.10.441 Purposes of the Statement of Intention I Combining District.

The Statement of Intention Combining District denotes those lands for which the Board of Supervisors has adopted a statement of intention in accordance with Section 1630 of the State Revenue and Taxation Code. The statement of intention constitutes a rebuttable presumption that the Board of Supervisors intends to refrain from rezoning the subject property in the predictable future. [Ord. 3432 § 1, 1983].

13.10.442 Designation of the Statement of Intention I Combining District.

Those parcels for which the Board of Supervisors has granted a statement of intention are designated with an I Combining District. [Ord. 3432 § 1, 1983].

13.10.443 Uses and development standards in the Statement of Intention I Combining District.

This zoning classification imposes no restrictions beyond those of the basic zoning district. [Ord. 3432 § 1, 1983].

Article IV-A. PP Pleasure Point Community Design Combining District

13.10.444 Purposes of the Pleasure Point Community Design PP Combining District.

The purposes of the Pleasure Point Community Design PP Combining District are to:

(A)    Reduce the visual and shading impacts of new and expanded houses on neighboring parcels and houses;

(B)    Encourage community interaction and orientation towards the street by providing an incentive for the creation of more front porches in Pleasure Point; and

(C)    Reduce the visual impact of automobile-oriented features on residential building facades and in front yards. [Ord. 5063 § 3, 2010].

13.10.445 Designation of the Pleasure Point Community Design PP Combining District.

The Pleasure Point Community Design PP Combining District shall apply to all R-1 and RM zoned parcels and residential development on PR zoned parcels in the Pleasure Point neighborhood, an area bounded by Portola Drive on the north, 41st Avenue on the east, Monterey Bay on the south, and the eastern shore of Corcoran Lagoon on the west. [Ord. 5063 § 3, 2010].

13.10.446 Residential development standards in the Pleasure Point Community Design PP Combining District.

In addition to the residential site standards found in SCCC 13.10.323(B), the following standards and incentives apply to residential development in the Pleasure Point Community Design PP Combining District. Where there are differences between this section and SCCC 13.10.323(B), the provisions of this section shall apply. Where there are differences between this section and SCCC 13.10.681(D) regarding Accessory Dwelling Units (ADUs), the provisions of SCCC 13.10.681(D) shall apply, including a height provision specific to the PP Combining District for ADUs above garages.

(A)    Standards and Incentives Regarding Residential Building Mass and Height, and Access to Sun and Light.

(1)    Second Story Setbacks. For new two-story residential structures or second story additions, or any new single-story structure or addition that exceeds 15 feet in height, the second story exterior side walls, or the portion of the single-story exterior side wall exceeding 15 feet in height, shall be set back from the side yard property line as follows:

(a)    Lot Width of 35 Feet or Greater. Second story exterior side walls, or the portion of the single-story exterior side wall exceeding 15 feet in height, shall be set back at least 10 feet from the side yard property line. Residential buildings on such lots shall comply with the minimum and maximum dimensions of the building volume envelope limit diagram illustrated in Figure 13.10.446-1. Plans shall graphically demonstrate that new construction fits entirely within the building volume envelope as shown in Figure 13.10.446-1.

Figure 13.10.446-1

Building Envelope Limits for Lots 35 Feet or Greater in Width

(b)    Lot Widths of 30 Feet or Greater, But Less Than 35 Feet. Second story exterior side walls, or the portion of the single-story exterior side wall exceeding 15 feet in height, shall be set back at least seven feet from the side yard property line. In addition, side walls shall not exceed 22 feet in height (as measured from finished grade). The peak roof height limit is 28 feet at the center of the structure. A roof slope not exceeding 45 degrees (1:1 rise over run ratio) is allowed between the 22-foot outer portion of the roof and the 28-foot peak roof height. Residential buildings on such lots shall comply with the minimum and maximum dimensions of the building volume envelope limit diagram illustrated in Figure 13.10.446-2. Plans shall graphically demonstrate that new construction fits entirely within the building volume envelope as shown in Figure 13.10.446-2.

Figure 13.10.446-2

Building Envelope Limits for Lots 30 Feet, Zero Inches to 34 Feet, 11 Inches in Width

(c)    Lot Widths Less Than 30 Feet. Second floor setbacks are not required; however, the outer side wall shall not exceed 22 feet in height (as measured from finished grade). The peak roof height limit is 28 feet at the center of the structure. A roof slope not exceeding 45 degrees (1:1 rise over run ratio) is allowed between the 22-foot outer portion of the roof and the 28-foot peak roof height. Residential buildings on such lots shall comply with the minimum and maximum dimensions of the building volume envelope limit diagram illustrated in Figure 13.10.446-3. Plans shall graphically demonstrate that new construction fits entirely within the building volume envelope as shown in Figure 13.10.446-3.

Figure 13.10.446-3

Building Envelope Limits for Lots Less Than 30 Feet in Width

(d)    First Floor Wall Height Limitation for Lot Widths of 30 Feet or Greater. The height of the first story walls shall be limited to 15 feet as measured from finished grade, as illustrated in Figures 13.10.446-1 and 13.10.446-2.

(e)    Decks/Walkways Allowed in Second Floor Setback. Decks or walkways are permitted in the second floor setback area on top of the first floor roof so long as the top of the hand railing does not exceed 15 feet in height from finished grade.

(f)    Eaves and Chimneys Allowed in Second Floor Setback. Eaves and chimneys may extend up to three feet into the required second floor setback area.

(g)    Attached Townhouse or Condominium Units. Attached townhouse or condominium units that do not have a required side yard and are not located at the perimeter of a project site are exempt from providing second story setbacks.

(2)    Increased Allowed Lot Coverage for Small Lots. On lots less than 3,500 net square feet in size, the maximum lot coverage shall be 45 percent.

(a)    On lots less than 3,500 net square feet in size, where the maximum lot coverage exceeds 40 percent, roof drainage downspouts shall be directed to vegetated areas or other nonerosive permeable surfaces, unless the applicant can demonstrate that such an action is infeasible.

(B)    Standards and Incentives Regarding Residential Structure Facades, Front Yards and Parking.

(1)    Front Porches. For front porches on new houses, and on existing houses that do not exceed FAR or lot coverage standards, the following criteria shall apply, as illustrated in Figure 13.10.446-4:

(a)    Front porches may extend up to six feet into the required front yard setback as established by SCCC 13.10.323(B);

(b)    Up to 140 square feet of front porch area shall be excluded in lot coverage or FAR calculations;

(c)    The height of any front porch roof subject to this subsection shall not exceed 15 feet from finished grade;

(d)    A stairway to the front porch may extend up to four additional feet into the required front yard setback (i.e., for a total of 10 feet with porch and stairs combined) if the stairs are no more than four feet wide. To minimize reduction of line-of-sight visibility, stair railings must be nonopaque (i.e., partially see-through);

(e)    Any front porch subject to these incentives shall remain unenclosed (i.e., including glass);

(f)    If a proposed front porch does not meet the standards in subsection (B)(1)(a) through (e) of this section, as illustrated in Figure 13.10.446-4, it will be subject to the site regulations found in SCCC 13.10.323(B).

(g)    For any front porches constructed pursuant to this provision, all roof drainage downspouts from said porch shall be directed to vegetated areas or other nonerosive permeable surfaces, unless the applicant can demonstrate that such an action is not reasonably practicable.

Figure 13.10.446-4

Front Porch Incentive Standards

(2)    Reduce Prominence of Garage Doors. Combined garage door width shall occupy no more than 50 percent of the building facade width facing a street and shall be limited to a maximum of two car-widths wide (i.e., no more than 18 feet wide) for all new or expanded residential garages. Three or more car-width garages are not allowed if located on the building facade facing a street. Single one car-width garage doors (i.e., no more than nine feet wide) are allowed regardless of building facade width.

(3)    Reduce Amount of Front Yard Area Devoted to Parking. On-site three-car tandem parking shall be allowed by right, with car one behind the other, three in a row, either within a garage or in the front yard setback, as illustrated in Figure 13.10.446-5.

Figure 13.10.446-5

Three-Car Tandem Parking Allowed

(4)    Garages Shall Not Protrude Beyond the Rest of the Facade. To reduce the visual impact of garages as viewed from the street, for new houses or garage additions, garages shall be flush with, or preferably behind, the rest of the house/building facade, as illustrated in Figures 13.10.446-6 and 13.10.446-7.

Figure 13.10.446-6

Allowed Configurations

Figure 13.10.446-7

Prohibited Configurations

[Ord. 5326 § 18, 2020; Ord. 5325 § 18, 2020; Ord. 5265 § 7, 2018; Ord. 5264 § 8, 2018; Ord. 5063 § 3, 2010].

13.10.447 Exceptions.

An applicant may request a Level V exception to the requirements of SCCC 13.10.446 for applicable residential projects, subject to approval by the Zoning Administrator following a public hearing, pursuant to the following:

(A)    Exceptions to the Pleasure Point residential development standards may be granted if the project is found to be consistent with the Pleasure Point Community Design “PP” Combining District purposes, found in SCCC 13.10.444, the findings found in SCCC 18.10.230(A), and at least one of the following additional findings:

(1)    There are special existing site or improvement characteristics or circumstances, including but not limited to the absence of adjacent residential parcels that could potentially be shaded by the proposed development, that appropriately excuses the proposed development from meeting one or more of the development standards; or

(2)    The Pleasure Point Community Design “PP” Combining District purposes, found in SCCC 13.10.444, are better achieved by an alternative design; or

(3)    The granting of an exception will result in a superior residential design that is consistent with the Pleasure Point Community Design “PP” Combining District purposes, found in SCCC 13.10.344.

(B)    Any decision on an exception shall not establish a precedent for future applications. [Ord. 5063 § 3, 2010].

13.10.448 Nonconforming structures.

In the event of fire, natural disaster or act of the public enemy, destroyed or partially destroyed existing residences that have become nonconforming due to institution of the Pleasure Point residential design standards, applied through the Pleasure Point “PP” Community Design Combining Zone District, shall be allowed to reconstruct to their previous configuration. The extent of allowed reconstruction for nonconformity to other residential site standards, as set forth in this chapter, is governed by SCCC 13.10.265(G). [Ord. 5063 § 3, 2010].

Article V. L Historic Landmark Combining District

13.10.451 Purposes of the Historic Landmark L Combining District.

The purposes of the Historic Landmark L Combining District are:

(A)    To preserve, protect, enhance, and perpetuate those structures, objects, sites and areas of historic, archaeological, cultural, architectural, engineering, or aesthetic significance, importance, and value as part of the development, heritage or cultural characteristics of the County, State or nation.

(B)    To identify those structures, objects, sites and districts which have been designated as historic resources by the Board of Supervisors pursuant to the provisions of Chapter 16.42 SCCC, Historic Resource Preservation.

(C)    To regulate alterations, new construction, relocations, demolitions, and excavations which affect historic structures, objects, and sites or districts in accordance with the provisions of Chapter 16.42 SCCC, Historic Resource Preservation. [Ord. 3927 § 3, 1988; Ord. 3632 § 14, 1985; Ord. 3432 § 1, 1983].

13.10.452 Designation of the Historic Landmark L Combining District.

The Historic Landmark L Combining District shall be utilized to denote those properties which have been designated by the Board of Supervisors as historic resources pursuant to the provisions of Chapter 16.42 SCCC, Historic Resources Preservation. [Ord. 3927 § 4, 1988; Ord. 3432 § 1, 1983].

13.10.453 Use and development standards in the Historic Landmark L Combining District.

In addition to the regulations for development and use of the site imposed by the basic zone district, use, alterations, new construction, relocations, demolitions, and excavations which affect historic structures, objects, sites or districts in the Historic Landmark L Combining District shall be subject to the regulations set forth in Chapter 16.42 SCCC, Historic Resource Preservation. [Ord. 3927 § 5, 1988; Ord. 3632 § 14, 1985; Ord. 3432 § 1, 1983].

Article VI. MH Mobile Home Park Combining District

13.10.456 Purpose of the Mobile Home Park MH Combining District.

The Mobile Home Park MH Combining District is established to denote and regulate those properties upon which mobile home parks have been legally established in order to promote, secure and protect a variety of housing choices and opportunities in the County. [Ord. 4370 § 4, 1995].

13.10.457 Designation of the Mobile Home Park MH Combining District.

The Mobile Home Park MH Combining District shall be applied to those properties upon which mobile home parks have been authorized or established pursuant to a development permit approved by the County, or were legally established prior to the requirement for County approval of a development permit. [Ord. 4370 § 4, 1995].

13.10.458 Use and development standards in the Mobile Home Park MH Combining District.

All properties in the Mobile Home Park MH Combining District shall be maintained for mobile home park use and shall be subject to all of the regulations governing mobile home park development, operation, rental, sale and conversion as provided by State and Federal statutes and regulations, and the provisions of the County Code. The location, design and approval of new mobile home parks shall be consistent with SCCC 13.10.684. Each mobile home installed on or after March 8, 2003, outside the California Coastal Zone and each mobile home installed on or after September 10, 2003, inside the California Coastal Zone shall be required to meet the off-street parking requirements of SCCC 13.10.552. Conversion of a mobile home park to another use shall be subject to the provisions of Chapter 13.30 SCCC, Mobile Home Park Conversions, and shall require amendment of the County Code zoning plan to remove the Mobile Home Park Combining District from the property. The regulatory provisions of this section are in addition to any existing requirements for a coastal development permit under Chapter 13.20 SCCC. [Ord. 5018 § 16, 2008; Ord. 4723 § 3, 2003; Ord. 4664 § 1, 2002; Ord. 4628 § 1, 2001; Ord. 4623 § 1, 2001; Ord. 4370 § 4, 1995].

Article VII. O Open Space Easement Combining District

13.10.461 Purposes of the Open Space Easement O Combining District.

The Open Space Easement Combining District is established to denote those lands for which an open space easement has been established in accordance with the provisions of Section 51050 of the State Government Code. [Ord. 3432 § 1, 1983].

13.10.462 Designation of the Open Space Easement O Combining District.

Those parcels which are restricted by an open space easement shall be designated with an O Combining District. When a contract expires or is canceled, the O Combining District shall be removed from the property. [Ord. 3432 § 1, 1983].

13.10.463 Use and development standards for the Open Space Easement O Combining District.

In addition to the regulations on development imposed by the basic zoning district, no building or grading permit shall be issued for any development which would be in violation of the open space easement contract. [Ord. 3432 § 1, 1983].

Article VIII. P Agricultural Preserve and Farmland Security Combining District

13.10.471 Purposes of the Agricultural Preserve and Farmland Security P Combining District.

The Agricultural Preserve Combining District is established to denote those lands which are restricted to agricultural, open space and compatible uses by contractual agreement in accordance with the provisions of Article 3 (commencing with Government Code Section 51240) or Article 7 (commencing with Government Code Section 51296) of the California Land Conservation Act of 1965 and amendments thereto. [Ord. 4563 § 1, 1999; Ord. 4562 § 1, 1999; Ord. 4528 § 1, 1998; Ord. 3432 § 1, 1983].

13.10.472 Designation of the Agricultural Preserve and Farmland Security P Combining District.

Those parcels which are restricted by contractual agreement in accordance with the provisions of Article 3 (commencing with Government Code Section 51240) or Article 7 (commencing with Government Code Section 51296) of the California Land Conservation Act of 1965, shall be designated with a P Combining District. The designation shall remain on the property until the contract expires or is canceled. [Ord. 4563 § 1, 1999; Ord. 4562 § 1, 1999; Ord. 4528 § 1, 1998; Ord. 3432 § 1, 1983].

13.10.473 Use and development standards in the Agricultural Preserve and Farmland Security P Combining District.

Lands designated as P Combining District shall also be classified in the CA District (except for those lands designated AP) and shall be subject to the regulations of that district, with the modification or expansion of uses existing on the date of the execution of the contractual agreement which are not otherwise permitted in the CA District (see SCCC 13.10.312) shall be considered as discretionary uses which may be permitted upon the property within the limits of the reservation of such uses in the contractual agreement, subject to the securing of a Level V approval. [Ord. 4563 § 1, 1999; Ord. 4562 § 1, 1999; Ord. 4528 § 1, 1998; Ord. 3432 § 1, 1983].

Article VIII-A. Regional Housing Need R Combining District

13.10.475 Purpose of the Regional Housing Need R Combining District.

The purpose of the Regional Housing Need R Combining District is to increase the supply of affordable housing by designating sites for development at 20 units per acre in order to meet housing needs, including but not limited to requirements of the regional housing needs allocation as required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the California Government Code. [Res. 79-2019, 2019; Ord. 5286 § 5, 2018; Ord. 5200 § 3, 2015; Ord. 4878 § 1, 2007].

13.10.476 Density, requirement for planned unit development (PUD), and permit processing standards.

(A)    Sites that are designated as Regional Housing Need R Combining District shall be developed at 20 units per acre. The use and density shall be by right, in that the use and density for the site are not discretionary, for sites zoned as required in subsection (B) of this section. For the purposes of calculating density under these provisions, the developable area of each site developed under the Regional Housing Need R Combining District shall be determined at the time the site is designated. Such developable acreage shall be calculated in accordance with SCCC 13.10.700-D definition of “developable land” and SCCC 13.10.700-S definition of “site area, net” except that roadways and driveways shall be included in the developable acreage calculation for the purposes of determining net developable acreage. The number of potential units will be determined by multiplying the developable acreage by 20. Where such calculation results in a fractional number, the number of units shall be determined by rounding up to the nearest whole number.

(B)    Property that is proposed for rezoning into the Regional Housing Need R Combining District shall include a proposed PUD. The PUD application made at the time of the rezoning to add the R Combining District shall include the development envelope and information on the massing, height, and intensity of development sufficient to perform environmental review under the California Environmental Quality Act (CEQA) at the Program level of detail for the proposed use, but is not required to address every aspect of the PUD application under Chapter 18.10, which may then be subject to Project-level CEQA review. The provision of housing at a density of 20 units/acre shall be deemed a specific benefit adequate to satisfy the finding for approval described in SCCC 18.10.183(B)(3). Proposals to add the R Combining District to a property are subject to the required findings of a zoning plan amendment set forth in SCCC 13.10.215(D).

(C)    After rezoning and the approval of the PUD, applicants must apply for a design review and site development permit which shall be acted upon by the Board of Supervisors. Projects that include a tentative map approval or are in the Coastal Zone are also subject to subsections (D)(1) and/or (2) of this section, as applicable.

(D)    In the Coastal Zone, the Regional Housing Need R Combining District shall only be applied to the RM-2, C-1, C-2, PA, and PF zoning districts. If a coastal permit or tentative map approval is required, it must be included in the application.

(1)    Coastal Permit Requirements. Where a site is located in the Coastal Zone and requires a coastal permit for development, the provisions of Chapter 13.20 SCCC apply. Wherever possible, the environmental review performed at the time the site was designated under the Regional Housing Need R Combining District will be utilized in the processing of the coastal permit.

(2)    Subdivisions. Development that includes approval of a tentative map is subject to the provisions of the Subdivision Map Act and Chapter 14.01 SCCC. Where a tentative map is proposed, the public hearing may be expanded to address findings necessary under the Subdivision Map Act. Wherever possible the environmental review performed at the time the site was designated under the Regional Housing Need R Combining District will be utilized in the processing of the subdivision. [Res. 79-2019, 2019; Ord. 5286 § 6, 2018; Ord. 5200 § 3, 2015; Ord. 4878 § 1, 2007].

13.10.477 Development standards in the Regional Housing Need R Combining District.

(A)    Development Standards.

(1)    Master Planning. Where contiguous or adjacent parcels are designated under the Regional Housing Need R Combining District, any development proposal for one parcel may be required to include a master plan for development of all contiguous or adjacent parcels which are also designated under the Regional Housing Need R Combining District. The purpose of the master plan is to define interior circulation patterns, exterior site access, fire access to all parcels, infrastructure improvements, common area location and amenities.

(2)    Site standards shall be those established by SCCC 13.10.323 for RM 1.5 to RM 4.9, with the following alternative standards also available:

(a)    Parking requirements: 1.5 spaces per studio or one-bedroom units; 2.0 spaces for two-bedroom units; 2.5 spaces for three-bedroom units; 3.0 spaces per four-bedroom units. An additional 20 percent of the total number of parking spaces is required to accommodate guest parking. Modifications of these standards can be approved for individual sites in the R Combining District as part of the approved PUD for each site, based on unique site and design factors;

(b)    Height up to 35 feet measured from preconstruction natural grade and up to three stories exclusive of subsurface parking. Modifications of these standards can be approved for individual sites in the R Combining District as part of the approved PUD for each site, based on unique site and design factors;

(c)    Limits on lot coverage and floor area ratio may be established for individual sites in the R Combining District as part of an approved PUD for each site, based on unique site and design factors;

(d)    Clustering of affordable units is allowed when 100 percent of the units to be developed are deed restricted rental units affordable to households earning below 80 percent of the area median income;

(e)    Where garages are provided for market rate units, garages are not required for affordable units; and

(f)    Maintain standard riparian buffer but eliminate 10-foot additional riparian construction buffer.

(3)    Developments shall encourage energy efficiency, and environmentally sensitive design and building materials.

(4)    If located within the Coastal Zone, the project’s development standards must be found to be in conformity with the Local Coastal Program provisions that ensure no impact on coastal resources, including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access and open space protections. [Res. 79-2019, 2019; Ord. 5286 § 7, 2018; Ord. 5210 § 3, 2015; Ord. 5200 § 3, 2015; Ord. 4878 § 1, 2007].

13.10.478 By-right development.

Repealed by Ord. 5286 and Res. 79-2019. [Ord. 5200 § 3, 2015; Ord. 5182 §§ 6, 7, 2014; Ord. 4878 § 1, 2007].

Article IX. SP Salamander Protection Combining District

13.10.481 Purposes of the Salamander Protection SP Combining District.

The purposes of the Salamander Protection or SP Combining District are:

(A)    To designate those lands which are located in the Santa Cruz Long-Toed Salamander’s breeding ponds and terrestrial habitats.

(B)    To ensure the survival of this State and Federally designated endangered animal subspecies through protection of its natural habitat.

(C)    To regulate the use of such lands in accordance with the provisions of the sensitive habitat protection ordinance, Chapter 16.32 SCCC, which apply to the protection of the habitat of the salamander. [Ord. 3432 § 1, 1983].

13.10.482 Designation of the Salamander Protection SP Combining District.

The Salamander Protection SP Combining District shall be used to denote those properties which are located within the breeding ponds and terrestrial habitat of the Santa Cruz Long-Toed Salamander. [Ord. 3432 § 1, 1983].

13.10.483 Use and development standards in the Salamander Protection SP Combining District.

Use and development standards for the Salamander Protection SP Combining District shall be as set forth in the sensitive habitat protection ordinance, SCCC 16.32.090(C)(2)(a), Santa Cruz Long-Toed Salamander. [Ord. 4496-C § 39, 1998; Ord. 3432 § 1, 1983].

13.10.484 Establishment of Special Review (SP) Overlay Zoning District with specific review criteria.

Repealed by Ord. 4346. [Ord. 4122 § 2, 1991; Ord. 4119 § 2, 1991; Ord. 4113 § 2, 1991].

Article IX-A. W Watsonville Utility Prohibition Combining District

13.10.491 Purposes of the Watsonville Utility Prohibition W Combining District.

The purpose of the Watsonville Utility Prohibition or W Combining District is to prevent the provision of urban services to undeveloped/rural areas west of the City of Watsonville, so as to discourage urban development in the farmlands, wetlands and other environmentally sensitive areas in the Coastal Zone west of Watsonville. The Watsonville Utility Prohibition or W Combining District establishes a one-foot-wide wastewater and potable water utility prohibition strip upon parcels and public road rights-of-way to the west of, and abutting, the western edge of the Highway 1 right-of-way, and the Watsonville city limits where the city extends west of Highway 1. The utility prohibition strip shall extend north to Buena Vista Drive and south to the Monterey County line, directly adjacent to the western edge of Highway 1 right-of-way. The utility prohibition strip shall be located along the parcel boundary closest to the Watsonville city limits or the Highway 1 right-of-way, as applicable. Wastewater and/or potable water utility pipelines or pipeline extensions will not be permitted through or across the one-foot-wide utility prohibition strip, with certain exceptions as set forth in SCCC 13.10.493. Any amendments to this and the following sections, including revocation, require a super-majority vote of the Board of Supervisors. [Ord. 4750 § 1, 2003; Ord. 4656C § 1, 2002; Ord. 4609A § 1, 2001; Ord. 4609 § 1, 2001; Ord. 4193 § 1, 1992].

13.10.492 Designation of the Watsonville Utility Prohibition W Combining District.

The utility prohibition strip shall extend north to Buena Vista Drive and south to the Monterey County line, directly adjacent to the western edge of Highway 1 right-of-way. The utility prohibition strip shall be located along the parcel boundary closest to the Watsonville city limits or the Highway 1 right-of-way, as applicable. The Watsonville Utility Prohibition W Combining District designation, establishing the one-foot-wide utility prohibition strip, shall be applied to:

(A)    Where the city limits of Watsonville lie west of State Highway 1, those properties and public road rights-of-way directly bordering the city limits of Watsonville (and also to parcels abutting any County right-of-way that is contiguous with the Watsonville city limits west of Highway 1);

(B)    Where the city limit of Watsonville is coterminous with the western edge of the Highway 1 right-of-way, or where the city limit of Watsonville is east of Highway 1, those properties and public road rights-of-way bordering the western edge of the Highway 1 right-of-way, along the stretch of Highway 1 between Buena Vista Drive to the north and the Monterey County line to the south;

(C)    Where the city limit of Watsonville is modified subsequent to the effective date of the ordinance codified in this section through annexation to include either County lands located west of Highway 1, or County lands located east of Highway 1 and abutting the Highway 1 right-of-way, those properties and/or public road rights-of-way on the County side of the so annexed area. In the event of such an annexation, the annexation shall be conditioned for the affected County properties on the County side of the so annexed area to be rezoned with the W Combining Zone District. [Ord. 4750 § 1, 2003; Ord. 4656C § 1, 2002; Ord. 4609A § 1, 2001; Ord. 4609 § 1, 2001; Ord. 4193 § 1, 1992].

13.10.493 Use and development standards in the Watsonville Utility Prohibition W Combining District.

(A)    In addition to the regulations for development and use imposed by the basic zone district, all properties with a W Combining Zone designation, as set forth in SCCC 13.10.492, shall contain a one-foot-wide wastewater and potable water utility prohibition strip. The utility prohibition strip shall be located contiguous to the parcel boundary for all portions of the parcel abutting any part of the Watsonville city limits west of Highway 1. For parcels abutting the Highway 1 right-of-way, the utility prohibition strip shall be located contiguous to the parcel boundary for all portions of the parcel abutting any part of the Highway 1 right-of-way. The utility prohibition strip shall extend north of Watsonville to Buena Vista Drive and south to the Monterey County line, to the points where Buena Vista Drive and the County line each intersect the western edge of the Highway 1 right-of-way. For the applicable County road right-of-way areas, the one-foot-wide utility prohibition strip shall run parallel to the city limits and/or along the edge of the right-of-way closest to the city limits. Placement of wastewater or potable water utility pipelines will not be permitted through, over, or under the utility prohibition strip, except for one wastewater and one water line to serve permitted high school development on City of Watsonville Coastal Zone Area C.

(B)    Any such wastewater or potable water supply pipeline(s) allowed by exception in the W Combining Zone District shall be limited in size to the minimum capacity necessary to serve the so excepted use. The limitations in the W Combining Zone District shall not restrict the repair, replacement, maintenance, refurbishment, or functional improvements of existing water and sewer pipelines insofar as necessary to maintain existing capacity without physical expansion of such existing pipelines.

(C)    Any additional exceptions to the W Combining District wastewater and potable water utility pipeline prohibition shall be prohibited without an LCP amendment, subject to all LCP amendment and CEQA analysis and approval standards. If such an amendment adds any exception(s) to the W Combining District prohibitions, development shall not commence pursuant to the certified exception(s) unless and until all applicable regulatory views have been completed, and all required approvals, including but not limited to an appealable coastal development permit, have been granted. Without prejudice as to their appropriateness, further exceptions that may be pursued through normal and required LCP amendment and CEQA processes in the future include:

(1)    Potable water and wastewater service to the Gilbertson parcel (APN 052-011-46), and the agricultural uses principally and conditionally permitted under the present County Commercial Agricultural Zoning District, including agricultural worker housing;

(2)    Leachate lines to and from the city and County landfill and the city wastewater treatment plant; and

(3)    Pipelines to distribute water for environmental restoration, maintenance or enhancement. [Ord. 4750 § 1, 2003; Ord. 4656C § 1, 2002; Ord. 4609A § 1, 2001; Ord. 4609 § 1, 2001; Ord. 4193 § 1, 1992].

Article X. General Site Standards

13.10.510 Application of site standards.

(A)    Subsequent Divisions. No parcel shall be divided so as to reduce the building site area, width, depth or frontage below those required by this chapter, except as indicated in SCCC 13.10.323(D)(1).

(B)    No yard or other open space provided about any building on one site shall be considered as providing a yard or open space for a building on any other site.

(C)    Exceptions to Site Standards. Site area, width, depth and frontage requirements of this chapter shall not apply to sites used for tract offices, public utility structures and uses, power stations, radio and television transmission towers, drainageways, and similar structures which require a use approval, but appropriate requirements shall be determined by conditions of each use approval granted for each use. Flat plate solar collectors on existing structures shall be exempt from lot coverage and setback provisions.

(D)(1)    Height Limit. The allowable height of a structure is determined by a plane which parallels the topography of the site at the height limit established for each zone district, subject to exceptions for increased setbacks, discretionary design review, and certain exempt architectural elements. Excavations within the building perimeter do not lower the allowable height plane.

(a)    A topographic map must be a part of each project submittal, unless determined to be unnecessary by the Planning Director, or his/her designee. The map must be prepared by a civil engineer, licensed surveyor, or architect. The plans must show the finish floor elevation at each floor and must show spot elevations at the high and low exterior grade elevations and the highest point of the building elevations.

(b)    Prior to foundation inspection approval, the required spot elevations shown on the approved plans must be verified by a civil engineer, licensed surveyor, or architect, unless determined by the Building Official to be unnecessary.

(2)    Height Exceptions. Chimneys, church spires and steeples, water tanks, cooling towers, elevators, flagpoles, monuments, noncommercial radio and television antennas, fire towers, and similar structures not used for human habitation and not covering more than 10 percent of the ground area covered by the structure may be erected to a height of not more than 25 feet above the height limit allowed in any district. Parapets (a low screen or barrier wall) for nonresidential buildings located at least five feet from the edge of any exterior wall that are constructed for the purpose of screening mechanical equipment or other building features may exceed the height limit by up to 3.5 feet. Firewall parapets for non-residential buildings that are upward extensions of an exterior wall and are required by the building code for fire safety purposes may exceed the height limit by up to three feet. Utility and commercial poles and towers may not be subject to the height limits prescribed in the district regulations. Height limits on windpowered generators shall be as established in Chapter 12.24 SCCC. Noncommercial radio and television towers or freestanding antennas may exceed the height limits above by 25 feet with the approval of a Level IV use approval. Flat plate solar collectors on existing structures shall be permitted to exceed height restrictions by four feet.

In an RM-5 to RM-9 district, for multiple dwelling projects of five or more units which are designed to contain all the required parking spaces under the dwelling structures, a maximum height of 35 feet is permitted; provided, that one foot of additional side yard beyond the 10-foot required minimum side yard is added for every foot of height above 28 feet. Solar access on neighboring sites shall not be obstructed.

In any commercial or industrial zone district, a building may exceed the height limit as established by the zone district by up to five feet, subject to review and recommendation by the Urban Designer and approval by the Zoning Administrator following a public hearing. In addition to the findings required in Chapter 18.10 SCCC for discretionary approvals, the project shall be subject to the following additional findings:

(a)    The additional height complements or completes the architectural design.

(b)    For properties located in the Coastal Zone, the proposed project complies with LCP policies, including policies protecting scenic corridors and public viewsheds.

(E)    Plan Lines. Where an official plan line has been established as a part of the circulation element of the General Plan, or any area plan, village plan or specific plan, the required yards on the street side shall be measured from the official plan line. In no case shall the provisions of this chapter be construed as permitting any structure to extend beyond such official plan line. However, where an official plan line or street widening has reduced the depth or the width of a site to less than the minimum required depth or width, the front yard may be reduced by the amount that the site depth was reduced, but in no case to less than 10 feet. The side yard adjoining the street may be reduced by the amount that the site width was reduced, but in no case to less than six feet.

(F)    Repealed by Ord. 5087.

(G)    Minimum Parcel Sizes and Maximum Density. Minimum parcel size and maximum density requirements of the General Plan and Local Coastal Program Land Use Plan shall be met based on the land use designation, Figure 2.2 of the General Plan and Local Coastal Program Land Use Plan, and Chapter 13.14 SCCC.

(H)    Repealed by Ord. 4525.

(I)    Reductions in the Front Setback to Protect the Environment or Public Safety.

(1)    Up to a 25 percent reduction in the required setback established by the zone district for front yards or other yards fronting on a street or vehicular right-of-way may be allowed, subject to review and approval by the Planning Director (Level III approval), for any of the following purposes:

(a)    To minimize grading on steep lots;

(b)    To protect environmentally sensitive resources such as significant trees or sensitive habitats such as riparian corridors; or

(c)    To facilitate conformance with regulations for geologic hazards (Chapter 16.10 SCCC).

(2)    In addition to the findings required in SCCC 18.10.230 for discretionary approvals, the following additional findings shall be required:

(a)    The reduced setback would result in an environmentally superior outcome or improved public safety, either by minimizing grading, affording better protection to an environmentally sensitive habitat or resource, or resulting in greater conformance with geologic hazard regulations.

(b)    The proposed project shall not unreasonably infringe on adequate light, air, or privacy of adjacent residential property. [Ord. 5181 § 3, 2014; Ord. 5087 §§ 5, 6, 7, 2011; Ord. 4525 § 8, 1998; Ord. 4496-C § 40, 1998; Ord. 4346 § 30, 1994; Ord. 4194 § 3, 1992; Ord. 4159 § 5, 1991; Ord. 4122 § 8, 1991; Ord. 4119 § 8, 1991; Ord. 3593 §§ 12, 13, 1984; Ord. 3524 § 1, 1984; Ord. 3432 § 1, 1983].

13.10.520 Site frontage.

(A)    Minimum Frontage on a Cul-De-Sac. On a cul-de-sac or a curved street with a radius of curvature of 200 feet or less, a site may have a frontage of not less than 40 feet in any zone district, unless a lesser frontage is allowed in the zone district.

(B)    Corridor Access Lots. A corridor access lot shall be permitted in any district. The corridor shall have a frontage and width of not less than 20 feet, and a length not to exceed 150 feet; the area of the access corridor shall not be included in the determination of site area. [Ord. 4836 § 97, 2006; Ord. 3432 § 1, 1983].

13.10.521 Site access.

(A)    Right-of-Way Access. A parcel, newly created by a tentative map or conditional certificate of compliance, may not be used as a building site unless it has its principal frontage on a public street or on a private right-of-way at least 40 feet wide nor may a new vehicular right-of-way be created less than 40 feet in width unless a Level V use approval is obtained for principal frontage and access on a narrower right-of-way. For any project requiring a subdivision or minor land division tentative map approval, or a conditional certificate of compliance, use of streets not meeting the minimum County standard shall require approval of a roadway exception processed pursuant to SCCC 15.10.050(F). [Ord. 4921 § 12, 2008; Ord. 4836 § 98, 2006; Ord. 3432 § 1, 1983].

13.10.525 Regulations for fences and retaining walls within required yards.

(A)    The purposes of fence and/or retaining wall regulations for yards abutting on streets are:

(1)    To ensure adequate visibility of vehicles entering the street from driveways, adequate sight distance from such vehicles, and adequate sight distance at street corners.

(2)    To ensure adequate light and air for the street area.

(3)    To preserve a harmonious and compatible street front appearance.

(B)    The purposes of fence and/or retaining wall regulations for side and rear yards which do not abut on streets are:

(1)    To provide for privacy screening of these yard areas.

(2)    To ensure that light and air of abutting properties are protected from excessively high manmade structures.

(C)    The height regulations for fences and/or retaining walls are:

(1)    The height of fences and/or retaining walls is determined as follows:

(a)    By measuring the exposed face of the fence and/or wall at its tallest point, from finished grade at the base, to the top of the fence and/or wall, except as provided in subsections (C)(4) and (5) of this section.

(b)    Where a parcel slopes down from a public or private right-of-way, the height of a fence or retaining wall shall be measured from the lowest elevation of the traveled portion of the right-of-way nearest the fence or retaining wall to the top of the fence and/or wall as shown in the diagram below, except as provided in subsections (C)(4) and (5) of this section.

(2)    Maximum Fence and Retaining Wall Heights.

(a)    In agricultural zone districts, fencing for agricultural purposes may have heights up to six feet in all yards; provided, that such fencing, including gates, is: (i) six feet or less in height; and (ii) made of wire which is spaced a minimum of six inches apart (i.e., typical field fencing), or made of horizontally oriented wooden members which are spaced a minimum of one foot apart (i.e., typical wooden corral fencing). Such fencing meeting these criteria shall be exempt from development permit approval unless such fencing is located on property adjacent to Highway One, in which case a development permit is required. In the Coastal Zone, a coastal development permit will be required for all such fencing unless it is excluded from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.

(b)    Except as provided in SCCC 13.10.323(D)(5)(a), maximum heights for fences and retaining walls not located in a corner sight clearance triangle are shown on the fence location and height table given in subsection (C)(3) of this section. Examples of corner sight clearance triangles are shown in the diagrams below.

(c)    Except as provided in SCCC 13.10.323(D)(5)(a), within corner sight clearance triangles no fence or retaining wall shall exceed three feet in height, if the fence or retaining wall is:

(i)    Located in a corner sight clearance triangle on a parcel located at the intersection of two local neighborhood streets for a distance of 30 feet along each street right-of-way; or

(ii)    Located in a residential driveway or alley corner sight clearance triangle for a distance of 10 feet along the street right-of-way on each side of the driveway or alley; or

(iii)    Located in a corner sight clearance triangle determined to be applicable by the County based on professional standards established by the American Association of State Highway and Transportation Officials (AASHTO) or other applicable technical publications. Greater sight clearance triangles may be required for front and side yards adjacent to roads that allow vehicular travel speeds of more than 25 miles per hour.

Corner Sight Clearance Triangles for Local Residential Neighborhood Streets

(3)    Fence Location and Height Table.

Property and Fence Location

Maximum Height without Permit Outside of Corner Sight Distance Triangles**, ***

Maximum Height with Over-Height Fence Certification outside of Corner Sight Distance Triangles**, ***

Maximum Height with a Level IV or above Permit ***

Front Yard inside Urban Services Line (USL) and Rural Services Line (RSL)

3 feet*

6 feet

As determined through permit process

Front Yard outside USL and RSL

3 feet*

8 feet

As determined through permit process

Side/Rear Yard Abutting on a Street

6 feet

8 feet if fence at least 5 feet back from property line

As determined through permit process

Side/Rear Yard Not Abutting on a Street

8 feet

N/A: already at 8 feet; would need Level IV to go higher

As determined through permit process

The following would be allowed without any discretionary approval in all locations, except for corner sight clearance triangles:

1. Archways/trellises/pergolas up to 8 feet tall associated with a walkway through a fence and not making up more than 25% of the length of the fence along the applicable property line.

2. Open decorative features such as lattice that do not exceed the given maximum fence heights by more than 6 inches.

*Except as allowed by SCCC 13.10.323(D)(5)(a)

**County Public Works Department guidelines establish applicable corner sight clearance triangle requirements

*** In the coastal zone, a coastal development permit will be required for all fence and retaining wall development unless it is exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.

(4)    Walkway fence openings, with or without gates, may have associated archways/trellises/pergolas up to a maximum height of eight feet without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Archways/trellises/pergolas may not make up more than 25 percent of the length of the fence along a given property line without a Level IV development permit. Notwithstanding the above exceptions for discretionary approval and development permits, in the coastal zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.

(5)    Open architectural, decorative, and ornamental features such as lattice may exceed the given maximum fence heights by no more than six inches without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Open means that no more than 50 percent of the feature may be opaque. Notwithstanding the above exceptions for discretionary approval and development permits, in the coastal zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.

(D)    Over-Height Fence Certification. An over-height fence certification may be issued upon the Planning Director making the findings required by SCCC 18.10.230(A) and, if in the Coastal Zone, the finding that the subject development will not adversely impact public views and scenic character. [Ord. 5124 § 2, 2012; Ord. 5115 § 2, 2012; Ord. 5095 § 2, 2011; Ord. 4921 § 13, 2008; Ord. 4836 § 99, 2006; Ord. 4496-C § 41, 1998; Ord. 4098 § 1, 1990; Ord. 4035 § 2, 1989; Ord. 3632 § 15, 1985; Ord. 3432 § 1, 1983].

13.10.530 Merger of contiguous parcels.

Repealed by Ord. 3524. [Ord. 3432 § 1, 1983].

13.10.550 Off-street parking and loading facility regulations.

In order to alleviate or to prevent traffic congestion and shortage of curb spaces, off-street parking and loading facilities are required to be provided incidental to new land uses and major alterations and enlargements of existing land uses. The number of parking spaces and the number of loading berths prescribed in this chapter or to be prescribed by the Zoning Administrator shall be in proportion to the need for such facilities which is created by the particular type of land use. Off-street parking and loading areas are to be laid out in a manner which will ensure their usefulness, protect the public safety and where appropriate, insulate surrounding land use from their impact. [Ord. 3432 § 1, 1983].

13.10.551 Off-street parking facilities required.

(A)    In all districts, in connection with every use, there shall be provided at the time of initial occupancy of a site, or construction of a structure, or major alteration or enlargement of a site or structure, off-street parking spaces for automobiles and bicycles in accordance with requirements prescribed in this chapter, except as otherwise provided in this subsection and as provided in subsection (C) of this section for historic resources, as defined in SCCC 16.42.030. For the purposes of this chapter, “parking space” shall mean a space conforming to the standards set forth in SCCC 13.10.554 and maintained open, clear and available for the parking of motor vehicles. Also, for the purpose of this chapter the term “major alteration or enlargement” shall mean an addition, remodel or change of residential use which would increase the number of parking spaces required by more than 10 percent of the total required; or an addition, remodel or change of nonresidential use which would increase the number of required parking spaces by both more than 10 percent and more than two spaces. The term “bicycle” shall include mopeds as defined in the California Vehicle Code. If, in the application of the requirements of this chapter, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more, and no parking spaces shall be required for a fraction of less than one-half.

For any major alteration or enlargement affecting a nonresidential structure or use for which the existing parking is or would become nonconforming, additional off-street parking shall be required only for the additional increment of square footage or use.

The planning director may authorize a reduction in the number of parking spaces in an existing parking area, to the extent necessary and appropriate to provide accessibility upgrades to existing buildings or parking areas in accordance with building code requirements.

(B)    If more than one use is located on a site, the number of parking spaces provided shall be equal to the sum of the requirements prescribed in this chapter for each use.

(C)    The parking requirements of SCCC 13.10.550 et seq. may be modified in connection with an application involving an historic resource designated in conformance with the California Register of the State Office of Historic Preservation and as defined in SCCC 16.42.030. Modification of parking requirements shall be subject to approval at Level III. The approving body shall make the following findings:

(1)    Existing traffic and parking on adjacent and nearby streets and properties will not be adversely affected; and one of the following:

(a)    Provision of additional parking would adversely affect the historic or architectural significance of the historic resource; or

(b)    Provision of additional parking would create exceptional hardship such that preservation of the historic resource would be infeasible. [Ord. 5119 § 26, 2012; Ord. 4850 § 3, 2007; Ord. 4771 § 4, 2004; Ord. 3748 § 1, 1986; Ord. 3432 § 1, 1983].

13.10.552 Schedule of off-street parking space requirements.

(A)    Off-street parking spaces for residential uses shall be provided according to the type and size of residence as described below:

(1)    Resident Parking.

Number of Bedrooms

Parking Spaces Required for Single-Family Dwellings and Mobile Homes Used as SFDs Outside of Mobile Home Parks Pursuant to SCCC 13.10.682

Parking Spaces Required for Multifamily Dwellings

1

2

2

2

3

2.5

3

3

2.5

4

3

3

Additional

1 each

0.5 each

 

Mobile Homes in Mobile Home Parks

Size

Parking Spaces Required

1,570 square feet or less

2

Greater than 1,570 square feet and not more than 2,500 square feet

3

Greater than 2,500 square feet

4

Replacement Mobile Homes in Mobile Home Parks

No additional parking spaces are required if the replacement mobile home is no more than 120 percent of the size of the existing mobile home. If the replacement mobile home is more than 120 percent of the size of the existing mobile home, then parking is required according to the size of the replacement unit, as given above.

 

Permanent Room Housing

Unit

Parking Spaces Required

Permanent Room Housing Unit

1

Permanent Room Housing Unit—Senior Housing or Special-Needs Housing

0.5

Permanent Room Housing Unit—Permanent Supportive Housing

0.3

(2)    In order to meet the parking requirements for a mobile home located within a mobile home park, one off-street parking space may be a compact space, three cars may park in tandem, and one space may overhang a landscaped area.

(3)    No replacement mobile home may be installed in a mobile home park prior to approval of a parking certification or an exception. No mobile home transport permit for the movement of a replacement mobile home over County-maintained roads to a mobile home park in the unincorporated portion of the County shall be approved or issued by the Department of Public Works prior to approval of a parking certification or an exception.

(4)    Guest Parking for Multifamily Residential Developments. In addition to providing the required amount of residential parking, additional, separate guest parking shall be provided, in an amount equal to 20 percent of the required resident parking, for all multifamily residential uses. Where it can be demonstrated that abutting, on-street curb space is available for guest parking, the required number of guest parking spaces can be reduced in the amount of one space per 18 feet of this available curb.

(5)    Guest Parking for Mobile Home Parks. In addition to providing the required amount of residential parking, additional, separate guest parking shall be provided as required by its development approval or as established pursuant to a legal nonconforming use. Guest spaces may be located along interior streets within the mobile home park; provided, that street width is in conformity with the provisions of Section 1106, Title 25 of the California Code of Regulations.

(6)    Bicycle Parking for Residential Uses.

Use

Bicycle Parking Spaces

Single-Family Dwelling

0.0

Multifamily Dwelling

1 lockable storage shed or lockable garage space capable of holding 1 bicycle per unit, plus 0.2 spaces per unit as set forth in SCCC 13.10.560.

Mobile Home

0.2 per unit

(7)    Accessory Dwelling Units. One parking space is required for each accessory dwelling unit unless the ADU is exempted under SCCC 13.10.681(D)(7)(d).

(B)    Off-street parking for nonresidential uses shall be provided according to the use and size as described in the table below:

USE

REQUIREMENTS

 

Auto Parking Spaces

Bicycle Parking Spaces

Motels, hotels, lodging houses, visitor accommodations Types A and B, with or without kitchens (except Type A as below)

1 per habitable room as defined by SCCC 13.10.700-H

0.2 per unit and storage necessary to accommodate them; 2 minimum

Motels, hotels, and visitor accommodations Type A only, in the C-2, VA or CT districts

1 per visitor accommodations (VA) unit, as defined by SCCC 13.10.700-V but not including lodging houses. For parking purposes, VA studio units shall count as no less than one visitor accommodations unit in the C-2, VA and CT districts.

0.2 per unit and storage necessary to accommodate them; 2 minimum

Day-care homes, foster family homes, residential care homes

1 per every 5 children or adults for whom care is provided, plus 1 for the resident owner or manager

0.2 per employee

Day-care center

1 per every 5 children or adults for whom care is provided, plus 1 per employee

0.2 per employee

Elementary school and junior high school

0.3 per employee

0.2 per employee and student

Emergency shelters

0.15 per bed, plus 1 per employee

0.2 per employee

High school

0.3 per employee, 0.1 per student

0.2 per employee and student

College, university, professional or trade school

0.3 per employee and student

0.2 per employee and student

Places of public assembly: churches, community centers, private clubs, auditoriums

0.25 per seat or 30 per 1,000 square feet (92.9 square meters) if no fixed seating

0.1 per seat or 10 per 1,000 square feet (92.9 square meters)

Sanitariums, nursing homes, institutions, providing sleeping accommodations

0.3 per bed

0.2 per employee

Hospitals

1.5 per bed and 1 per 200 square feet (18.6 square meters) of office

0.2 per bed

Business offices

1 per 300 square feet of gross floor area*

1 per 1,000 square feet of gross floor area*; 2 minimum

Medical offices

1 per 225 square feet of gross floor area*; 2 minimum

1 per 1,000 square feet of gross floor area*; 2 minimum

Libraries, museums, art galleries

1 per 300 square feet of gross floor area*

1 per 1,000 square feet of gross floor area*; 2 minimum

Retail stores and service establishments

1 per 300 square feet of gross floor area*

1 per 1,000 square feet of gross floor area*; 2 minimum

Supermarkets, convenience stores

1 per 200 square feet of gross floor area*

1 per 1,000 square feet of gross floor area*; 2 minimum

Restaurants, bars, soda fountains, and similar establishments

1 per 100 square feet (9.3 square meters) of gross floor area*, and 0.3 per employee

1 per 400 square feet (37.2 square meters) of gross floor area*

Commercial service enterprises, repair shops, wholesale establishments and bulky merchandise retail (e.g., furniture, motor vehicles)

1 per 300 square feet (27.9 square meters) of gross floor area*; 2 minimum

1 per 1,000 square feet (92.9 square meters) of gross floor area*; 2 minimum

Warehouses, storage buildings and storage facilities combined with commercial or industrial uses

1 per 1,000 square feet (92.9 square meters) of gross floor area; 2 minimum

1 per 3,000 square feet (278.8 square meters) of gross floor area; 2 minimum

Open uses, commercial and industrial uses conducted outside of buildings

0.3 per employee and 1 per 600 square feet (55.8 square meters) of land area devoted to such use.

1 per 1,000 square feet (92.9 square meters) of land devoted to such use

Manufacturing plants and other industrial uses

1 per 600 square feet (55.0 square meters) of gross floor area*; 2 minimum

1 per 2,000 square feet (185.9 square meters) of gross floor area*; 2 minimum

Public buildings and grounds

1 per 200 square feet (18.6 square meters) of gross floor area* plus 30 per 1,000 square feet of public assembly area

1 per 1,000 square feet (92.9 square meters) of gross floor area*

Public utility structures and installations

0.5 per employee plus additional spaces as prescribed by the approval body

0.2 employee

*    Exclude any floor area used only for storage or truck loading.

(C)    Other Uses. Any use not specified in this schedule shall require the same number of spaces as the most similar use, as determined by the approval body, or, if it can be shown that a use is not expected to utilize the required number of spaces, and assurance is given by recorded indenture, or other means, that the required number of spaces will be provided when the use or circumstances of occupancy change, then a different parking requirement may be authorized by a Level IV approval.

(D)    Maximum. The maximum number of parking spaces allowed shall not exceed by 10 percent the requirements as established above unless determined by the approving body to be necessary due to special circumstances of the use intended.

(E)    Accessible Parking. Parking spaces specifically designed, located and reserved for vehicles licensed by the State for use by persons with disabilities shall be provided in each parking facility of one or more spaces according to the following table:

Total Spaces Required

Maximum Number of Accessible* Spaces Required

1—25**

1

26—50

2

51—75

3

76—100

4

101—150

5

151—200

6

201—300

7

301—400

8

401—500

9

501—1,000

***

1,001 and over

****

*    Van space(s). One in every eight accessible spaces, but not less than one, shall be served by an access aisle 96 inches wide, minimum, and shall be designated van accessible. All such spaces shall be grouped on one level of any parking structure.

**    Less than five spaces. When less than five spaces are provided at buildings and facilities subject to these regulations, one shall be 14 feet wide and lined to provide a nine-foot parking area and a five-foot loading and unloading area. However, there is no requirement that the space be reserved exclusively or identified for use by persons with disabilities only.

***    Two percent of the total.

****    Twenty plus one for each 100, or fraction thereof over 1,001.

The approving body may determine additional spaces to be necessary due to the special circumstances of the use intended. [Ord. 5326 § 19, 2020; Ord. 5325 § 19, 2020; Ord. 5305 § 8, 2019; Ord. 5265 § 8, 2018; Ord. 5264 § 9, 2018; Ord. 5239 §§ 7, 13, 2017; Ord. 5171 § 5, 2014; Ord. 5119 §§ 27, 28, 2012; Ord. 5083 § 2, 2010; Ord. 5061 § 14, 2009; Ord. 4836 § 100, 2006; Ord. 4786 § 3, 2005; Ord. 4723 § 3, 2003; Ord. 4642 § 2, 2001; Ord. 4496-C §§ 42, 43, 1998; Ord. 3748 § 2, 1986; Ord. 3432 § 1, 1983].

13.10.553 Alternate parking requirements.

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

(A)    Parking Plan. A specific parking plan initiated by the County and approved by the appropriate approving body may supersede those parking standards contained in SCCC 13.10.552, if the purpose of this section is met, or in order to permit or preserve significant public amenities, and for either case in the Coastal Zone, a specific finding is made and supported that visitor access and parking will not be preempted.

(B)    Shared Parking. Parking reductions for two or more uses that share parking may be authorized by a Level IV use approval. The total number of spaces required for all uses sharing the parking may be reduced to no less than the number of spaces required for the single use among those proposed which is required to provide the most parking. Where the shared parking involves two or more separately owned properties, the owners of the properties shall enter into a legal agreement that describes access, use and maintenance of the shared parking. The reduction(s) shall be quantitatively justified by one or more of the following criteria applied to the participating uses:

(1)    The uses occur at separate times of day.

(2)    The uses overlap, but their peak hours occur at different times of day.

(3)    The uses are complementary or foster multipurpose trips.

(4)    The uses serve seniors, youth or other demographic groups known for below-average rates of vehicle ownership.

(5)    Valid statistical parking data from the site, neighborhood or applicable larger area indicate an appropriate level for shared parking.

(6)    The parking reduction is commensurate with the level of vehicle activity typically associated with the proposed use(s), site location or incremental change in site floor area or intensity of use.

Any applicant proposing a parking reduction pursuant to this subsection (B) shall submit a parking study prepared by a qualified, independent, professional transportation planner or transportation engineer. The analysis shall: (1) recommend an appropriate parking reduction based on the above criteria, and (2) where the shared parking involves separately owned properties, recommend terms of the associated parking agreement. The requirement for a parking study may be waived by the Planning Director if the proposed parking reduction is clearly proportionate to the proposed and possible future uses involved.

(C)    Housing for the Elderly. The total number of automobile spaces may be reduced by as much as 75 percent when, in the judgment of the approving body, reduction will be commensurate with the reduced parking demand created by the facility, including visitors and accessory facilities. Land area required for provision of deferred parking spaces shall be maintained in reserve, and shall be landscaped according to approved landscaping plans.

Congregate senior housing shall be required to provide a minimum of 0.5 spaces per unit. Land area required for the provision of 0.25 deferred parking spaces per unit shall be landscaped according to approved landscaping plans. Bicycle storage shall be provided at the rate of one space for every 10 units.

(D)    Transportation and Parking Demand Management. Parking requirements prescribed for any use or combination of uses on the same or adjoining sites may be reduced by the approving body based upon a detailed alternate transportation and parking demand management program supplied by the applicant, and certified by the County, which may include, but is not limited to, provision of special transit incentives for employees, the operation of effective pooling programs, priority parking for carpools, charter buses, club buses, company cars, employer’s contribution to bus service cost, home delivery services or flexible work hours. Any proposed reduction greater than 20 percent shall include adequate evidence supporting the validity of a larger reduction.

In evaluating the request, the approving body shall consider, among other factors:

(1)    Projected effectiveness of carpool, vanpool, staggered work hours or similar transportation programs.

(2)    Proximity to public transportation facilities serving a significant portion of employees and/or customers.

(3)    Evidence that employees and/or customers utilize, on a regular basis, transportation alternatives to the automobile.

(4)    Evidence of land owned, leased or otherwise guaranteed for use by developer that can be held in contingency reserve to be used for supplying additional parking in the event that the program does not reduce parking demand by the required amount.

Where an alternate transportation and parking program is employed and plans approved which reduce the number of required off-street parking spaces for a development, a written agreement between the landowner(s) and the County must be approved. Such an agreement must be in satisfactory form and content to County Counsel and is subject to approval by all appropriate approving bodies. This agreement shall be in a form capable of and subject to being recorded to constitute a covenant running with the land. The agreement shall include:

(a)    A guarantee that the program will not be diminished, suspended, eliminated, or in any way be operated at a lower level of effort on the part of those responsible for its implementation without prior County approval.

(b)    A provision for bi-annual certification of the program by the County which will include, among other things, review of past year’s effort to encourage employee’s and customer’s use of alternative transportation, and an accounting of the number of persons targeted by the program that actually and regularly employ techniques promoted by the program. Such a report shall update that section of the plan outlining efforts to increase participation in the program during the coming years. The County shall retain the option to require changes, including, but not limited to, the uses’ intensity and program as are needed to achieve the required reduction in peak parking demand.

(E)    Compact Car Parking. Except for mobile homes in mobile home parks, where one required parking space may be a compact space, a proportion of the total spaces otherwise required by the schedule of off-street parking requirements may be designed and marked for compact car use according to the following table:

Total Spaces Required

Allowable Percentage of Compact Car Spaces

0—5

0

6—50

10%

51—80

30%

81 or more

40%

(F)    Parking Requirements for Small Recycling Collection Facilities. Small recycling collection facilities may not locate where existing parking capacity is already fully utilized. Otherwise, a reduction of available parking spaces in an established parking facility by the placement of a small recycling collection facility may be allowed under the following circumstances. (Note: In areas zoned CT Tourist Commercial the number of available parking spaces used as the basis to determine the allowable parking space reduction must be increased by 10 percent).

(1)    For a business use:

Number of Available Parking Spaces

Maximum Reduction in Number of Parking Spaces

0—25

0

26—35

2

36—50

3

50—100

4

100+

5

(2)    For a community facility use: maximum of five spaces when not in conflict with parking needs of the community facility use. [Ord. 5119 §§ 29—31, 2012; Ord. 4836 § 101, 2006; Ord. 4786 § 4, 2005; Ord. 4496-C § 44, 1998; Ord. 3843 § 5, 1987; Ord. 3756 § 3, 1986; Ord. 3748 § 3, 1986].

13.10.554 Standards of off-street parking facilities.

Off-street parking facilities for autos shall conform with the following standards:

(A)    Size of Parking Spaces.

(1)    Each standard size parking space shall be not less than 18 feet (5.5 meters) in length and eight and one-half feet (2.7 meters) in width, exclusive of aisles and access drives.

(2)    Each compact car parking space shall be not less than 16 feet (4.9 meters) long and seven and one-half (2.3 meters) wide.

(3)    All parking spaces shall have a vertical clearance of not less than seven and one-half feet (2.3 meters).

(4)    Accessible parking spaces shall be located as near as practical to a primary entrance. Where single spaces are provided, they shall be 14 feet wide and outlined to provide a nine-foot parking area and a five-foot loading and unloading access aisle on the passenger side of the vehicle. When more than one space is provided, in lieu of providing a 14-foot-wide space for each parking space, two spaces can be provided within a 23-foot area lined to provide accessible parking as required by this section. Accessible parking spaces serving a particular building shall be located on the shortest accessible route of travel from adjacent parking to an accessible entrance. In parking facilities which do not serve a particular building, accessible parking shall be located on the shortest accessible route of travel to an accessible pedestrian entrance of the parking facility. In buildings with multiple accessible entrances with adjacent parking, accessible parking spaces shall be dispersed and located closest to the accessible entrances. Such parking space shall be located in an area with a slope not exceeding two percent, and shall be near or convenient to a level or ramped entrance, with a slope not exceeding five percent. Accessible parking spaces shall be assigned and restricted for use by persons with disabilities only.

(B)    Each parking space shall be accessible from a street or alley. Tandem parking spaces shall be allowed for the purpose of fulfilling parking requirements set forth in this chapter. For single-family dwelling units, either attached or detached, and for multifamily dwellings where garages are within, attached or immediately adjacent to the dwelling units, tandem parking spaces must be entirely within the subject property and shall consist of no more than two spaces. For mobile homes located within mobile home parks and for parcels with ADUs, tandem parking spaces shall consist of no more than three parking spaces in line. For hotels and restaurants with a valet parking plan where such uses are to be located in existing structures on parcels of such size or shape that preclude the ability to meet current parking requirements for that use, tandem spaces shall be limited to that number in the approved valet parking plan. Such a valet parking plan shall be approved by the appropriate body and be guaranteed to operate full-time during established business hours for the life of the use.

(C)    Entrances and exits from or onto a public right-of-way shall be provided at locations approved by the Public Works Director according to encroachment permit procedures. Backing out movements onto the street shall be discouraged. Backing out movements onto major streets shall not be allowed where a reasonable alternative exists to do otherwise.

(D)    The parking area, aisles and access drives shall be paved with two inches of asphalt concrete over five inches of Class II base rock or equivalent permeable or nonpermeable surface so as to provide a durable, dustless surface, and shall be graded and drained so as to prevent erosion and disperse surface water. Parking areas, aisles and access drives together shall not occupy more than 50 percent of any required front yard setback area for any residential use, except for parking spaces located on an individual mobile home lot, which does not front on an exterior street, in a mobile home park.

Variances to this rule can only be granted, pursuant to subsection (L) of this section, if locating parking areas, aisles or access drives in front yard setbacks result in less environmental damage than at all alternative locations.

(E)    On-site drainage percolation or detention shall be provided so as not to exceed predevelopment runoff levels, and designed for a 10-year storm, unless waived by the Public Works Director. Drainage shall be filtered to reduce urban contamination of downstream drainage. The installation and maintenance of traps for oil, grease, and silt is required for all parking lots for 20 spaces or more and for all commercial and industrial projects. The requirement for the collection of runoff water for filtration may be waived by the approving body in rural areas where appropriate.

(F)    Wheel stops and bumper rails shall be provided where needed for safety or protection of property.

(G)    If the parking area is illuminated, lighting shall be deflected away from the abutting residential sites so as not to cause annoying glare.

(H)    Landscaping requirements for projects subject to the design standards found in Chapter 13.11 SCCC shall conform to SCCC 13.11.074(C). Projects not subject to the design standards found in Chapter 13.11 SCCC shall conform to the following standards:

(1)    A comprehensive landscape plan shall be submitted for review and approval for developments requiring five automobile parking spaces or more. A minimum of one tree for each five parking spaces shall be provided. The plan shall indicate existing and proposed trees, shrubs and ground cover and delineate species, size, placement and irrigation methods. The plan shall include species from the recommended species list (or other approved equivalent species) for the specific plant community of the project. Landscape plans shall be required to be prepared by the project architect, a registered landscape architect, or other qualified individual.

(2)    Trees shall be provided in sufficient size and quantity to adequately screen and soften the effect of the parking area within the first year.

(3)    Landscaping shall be planted in the ground or in approved planters.

(4)    Where a site adjoins a residential zone district, landscaping shall be used to ensure privacy and screen unsightliness.

(5)    Hose bibs shall be conveniently located for hand watering, or an irrigation system shall be installed to ensure that all landscaping is permanently maintained.

(I)    No repair work or servicing of vehicles shall be conducted on a parking area.

(J)    Maintenance. Parking areas shall be maintained in good condition, and kept free of trash, debris, display or advertising uses. No changes shall be made in the number of parking spaces designated on the parking plan without review of the complete development permit by the approving body.

(K)    Provisions shall be made for pedestrian movement in all parking areas. Projects subject to the provisions of Chapter 13.11 SCCC shall meet the requirements of SCCC 13.11.074(A)(2).

(L)    A request for a variance from the provisions of this section may be considered according to Chapter 18.10 SCCC at Level V. This request for variance must state in writing the provision from which it is to be varied, the proposed substitute provisions, when it would apply, and its advantages. In granting a variance, the Zoning Administrator shall be guided by the following criteria:

(1)    That there are special circumstances or conditions affecting the property.

(2)    That the variance is necessary for the proper design and/or function of a reasonable project for the property.

(3)    That adequate measures will be taken to ensure consistency with the purpose of this section. [Ord. 5265 § 9, 2018; Ord. 5264 § 10, 2018; Ord. 4786 § 5, 2005; Ord. 4642 § 3, 2001; Ord. 4496-C §§ 45—49, 1998; Ord. 3748 §§ 3—6, 1986; Ord. 3432 § 1, 1983. Formerly 13.10.553].

13.10.555 Location of off-street parking facilities.

(A)    In an RA, RR, R-1, RM, or PR District, off-street parking facilities prescribed in this chapter shall be located on the same site as the use for which the spaces are required, or on an adjoining site separated only by an alley from the use for which the spaces are required.

(B)    In a CT, C-1, C-2, C-4, PF, PA, VA, M-1, M-2 or M-3 District, off-street parking facilities prescribed in this chapter shall be located within 300 feet (91.4 meters) of the use for which the spaces are required, measured by the shortest route of pedestrian access.

(C)    Off-Site Parking Facilities. Where parking cannot be provided on-site to meet the requirements of this chapter, the requirements for parking facilities may be satisfied by the permanent allocation of the required number of spaces for each use in either a shared-use or in an exclusive-use off-site parking facility. An easement in perpetuity, attached to the land for which the application is being made, granting such off-site parking rights shall be recorded in the office of the County Recorder. The easement shall designate the off-street parking facility and the uses or structures to be served, with legal descriptions of the sites involved, and shall specify the hours of operation, provide for maintenance, and certify that the easement shall not be terminated and that the off-street parking facility shall not be used for any other purpose unless a development permit amendment has been approved pursuant to Chapter 18.10 SCCC either eliminating the requirement for the parking facility or approving alternative parking facilities.

(D)    Shared, In-Lieu Parking in a Parking and Business Improvement Area. In a CT, C-1, C-2, C-4, PF, PA, VA, M-1, or M-3 District, within the boundaries of business improvement district or parking and business improvement area which provides for shared, managed, public parking, the requirement for parking facilities may be satisfied by the provision of shared, in-lieu parking spaces if approved by the Board of Supervisors, acting as the Board of Directors of the business district or improvement area. Such spaces shall be assigned pursuant to an in-lieu parking program adopted by the Board of Supervisors.

(E)    Compact Car Stalls. When designing the location of compact car stalls the developer shall take all necessary steps to ensure that stalls will not cause traffic jams and confusion for drivers. In long-term facilities, compact stalls should be located close to entrances, while in facilities with high turnover stalls should be scattered throughout the facility. [Ord. 4346 §§ 31, 32, 1994; Ord. 4195 § 1, 1992; Ord. 3748 §§ 3, 7, 1986; Ord. 3432 § 1, 1983. Formerly 13.10.554].

13.10.556 Outdoor storage of personal property and materials.

(A)    No portion of any undeveloped or vacant site and, for any developed residential parcel, no portion of any front yard or any required side yard setback, or any required rear yard of corner or double frontage lots shall be used for the storage of any of the following:

(1)    Building or construction materials, except those materials, bins, and dumpsters reasonably required for work under construction on the premises pursuant to a valid and effective building permit.

(2)    Storage of construction or commercial equipment, machinery, chemicals, or materials.

(3)    Inoperative vehicles or parts thereof.

(4)    Household appliances, equipment, machinery, furniture, salvage materials, or boxes.

(B)    Items and materials identified in subsection (A) of this section may be stored in rear yards provided such is screened from public view or stored within an approved storage structure constructed in accordance with applicable building and zoning regulations.

(C)    Operative vehicles in excess of those allowed in the front yard pursuant to SCCC 13.10.554(D) must be parked in side or rear yards; provided, that the vehicle is screened from public view or stored within an approved structure constructed with the required building and zoning permits. Only one recreational vehicle or travel trailer may be stored on a property, pursuant to SCCC 13.10.683(I). [Ord. 5061 § 15, 2009; Ord. 4496-C § 50, 1998; Ord. 4338 § 1, 1994].

13.10.560 Bicycle parking provisions.

Parking spaces for bicycles shall meet the following conditions:

(A)    Each parking space shall be no less than six feet (1.8 meters) long and two feet (0.6 meters) wide, exclusive of pedestrian and auto aisles and access areas. Storage sheds for bicycles shall be no less than three feet (0.9 meters) by six feet (1.8 meters) by four feet (1.2 meters).

(B)    Each space shall have a parking rack capable of supporting bicycles of various sizes in a vertical position.

(C)    Parking racks shall be securely fastened to the lot surface and shall be of sufficient structural strength to resist vandalism and theft.

(D)    Parking spaces shall be clustered in lots not to exceed 10 spaces each. Bicycle parking lots shall be dispersed throughout the development. [Ord. 3748 § 8, 1986; Ord. 3432 § 1, 1983].

13.10.570 Off-street loading facilities required.

All retail business uses, wholesale or warehousing establishments and industrial uses shall provide one loading space for each 5,000 square feet (464.7 square meters) of floor area. Each mortuary shall provide one loading space for hearses regardless of the amount of floor area devoted to said use, and one additional loading space for each 5,000 square feet (464.7 square meters) over the initial 5,000 square feet devoted to said use. [Ord. 3432 § 1, 1983].

13.10.571 Standards for and location of off-street loading facilities.

Off-street loading facilities provided in compliance with SCCC 13.10.570 shall conform to the following standards:

(A)    Each loading berth shall be not less than 45 feet (13.7 meters) long and 12 feet (3.7 meters) wide and shall have an overhead clearance of not less than 14 feet (4.3 meters), except that for mortuaries, a loading berth used exclusively for hearses shall be not less than 24 feet (7.3 meters) long and 10 feet (3.0 meters) wide, and shall have an overhead clearance of not less than eight feet (2.4 meters).

(B)    Sufficient room for turning and maneuvering vehicles shall be provided on the site.

(C)    Each loading berth shall be accessible from a street or alley.

(D)    Entrances and exits shall be provided at locations approved by the Public Works Director according to encroachment permit procedures.

(E)    The loading areas, aisles and access drives shall be paved with two inches of asphalt concrete over five inches of Class II base rock or equivalent, so as to provide a durable, dustless surface, and shall be graded and drained so as to disperse surface water.

(F)    Wheel stops and bumper rails shall be provided where needed for safety or to protect property.

(G)    If the loading area is illuminated, lighting shall be deflected away from the abutting residential sites so as not to cause annoying glare.

(H)    A loading area shall not be located in a required front, side or rear yard.

(I)    No repair work or servicing of vehicles shall be conducted in a loading area.

(J)    Maintenance. Loading areas shall be maintained in good condition, and kept free of trash, debris, and display or advertising uses. No changes shall be made in the number of loading spaces designated on the parking plan without review of the complete development permit by the Zoning Administrator.

(K)    Off-street loading facilities prescribed in SCCC 13.10.570 shall be located on the same site as the use for which the berths are required or on an adjoining site. [Ord. 3432 § 1, 1983].

13.10.575 Existing uses.

No existing use of land or structure shall be deemed to be a nonconforming use or a nonconforming structure solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this chapter; provided, that facilities being used for off-street parking and off-street loading at the time of the adoption of this chapter shall not be reduced in capacity to less than the number of spaces or berths prescribed in this chapter or reduced in area to less than the minimum standards prescribed in this chapter. [Ord. 3432 § 1, 1983].

13.10.576 Reduction of off-street parking and loading facilities.

Except as provided in SCCC 13.10.553(F), no off-street parking facility provided for a use of land or structure in compliance with SCCC 13.10.551 or 13.10.570 shall be reduced in capacity or in area without sufficient additional capacity being provided elsewhere to comply with the regulations of this chapter. No off-street parking space or off-street loading berth provided for a use of land or a structure in compliance with the requirements of this chapter shall be deemed to provide an off-street parking space or an off-street loading berth for a use or a structure on another site, except as otherwise provided in this chapter. [Ord. 3843 § 6, 1987; Ord. 3432 § 1, 1983].

13.10.577 Designation of off-site loading facilities.

The requirements for off-street loading facilities may be satisfied by the permanent allocation of the required number of loading berths for each use on an adjoining site. An easement in perpetuity, attached to the land for which the application is being made, granting such loading rights, shall be recorded in the office of the County Recorder. The easement shall designate the off-street loading facility and the uses or structures to be served, with legal descriptions of the sites involved, and shall specify the hours of operation, provide for maintenance, and certify that the easement shall not be terminated and that the off-street loading facility shall not be used for any other purpose unless a development permit amendment has been approved pursuant to Chapter 18.10 SCCC, either eliminating the requirement for the loading facility or approving alternative loading facilities. [Ord. 4195 § 2, 1992; Ord. 3432 § 1, 1983].

13.10.578 Off-street parking and off-street loading.

In any C or M District on a site of width of 60 feet (18.3 meters) or less situated between sites improved with buildings, or where sites comprising 40 percent of the frontage on a block are improved with buildings, the off-street parking and off-street loading regulations of this chapter may be waived by the approving body upon finding that no parking problem exists in the area or will result from such a waiver. [Ord. 3748 § 9, 1986; Ord. 3432 § 1, 1983].

13.10.580 Signs in R-1, RB, RR, RA, RM, A, AP, and CA Districts.

No signs or outdoor advertising structure or display of any kind shall be permitted in the R-1, RB, RR, RA, RM, A, AP, or CA Districts except the following:

(A)    One nonilluminated sign or nameplate not larger than one square foot in area pertaining to a home occupation.

(B)    One nonilluminated sign not larger than six square feet in area pertaining to the sale, lease, rental, or display of a structure or land.

(C)    One identification sign, not directly illuminated, not larger than 12 square feet in area, located on the site of a discretionary use and included in the development permit for said use.

(D)    One or two nonilluminated signs, single- or double-faced, with a total area not larger than 50 square feet, pertaining to the sale of subdivision lots and included in the permit for said subdivision. [Ord. 3432 § 1, 1983].

13.10.581 Signs in C, CT, VA, PA, PF and M Districts.

(A)    No sign, outdoor advertising structure or display of any kind shall be permitted except the following:

(1)    One business or identification sign and one small pedestrian-oriented sign per site as provided below.

(2)    Signs pertaining to a use conducted on the site, with aggregate areas according to the following table.

TOTAL SIGN AREA ALLOWED

(Includes All Signs Displayed)

Basis for Calculation

Total Sign Area* Allowed

Front width of building on an interior lot; or

Front width plus street side width of building on a corner lot

1/2 square feet (72 square inches) of sign area per foot of building width

Width of site along the street (interior or corner lot)

1/4 square feet (36 square inches) of sign area per foot of site width

Maximum allowable area on an interior lot less than 40 feet wide at the street

20 square feet

Maximum allowable area on other lots

50 square feet

*    “Sign area” is defined as: The area within a well-defined border; or the area of one side of a double-sided sign; or, on a sign with no defined border, the area within the perimeter which encloses the letters, symbols or logo.

(3)    Direction signs for off-street parking and loading facilities not exceeding four square feet.

(4)    One sign pertaining to the sale, lease, rental or display of a structure or land, not exceeding six square feet.

(5)    Up to two gas station price displays, limited to numerals, business logo and discount information required by California Business and Professions Code Sections 13530 through 13540.

(B)    Permanent and temporary window signs are each limited to a maximum of 20 percent of the window area of the building. Temporary window signs not displayed for more than two weeks are not included in the total sign size limitation.

(C)    Signs directly across the street from a residential zone district shall be limited to 30 square feet in area and shall not be directly illuminated or flashing.

(D)    A freestanding sign detached from a building shall be of a design consistent with the architectural character of the building and shall be designed as an integral part of the landscaped area. Freestanding signs shall not exceed seven feet in height, measured from the existing grade at the edge of the road. Where on-street parking limits the visibility of freestanding signs, such signs may be erected to a maximum height of 12 feet, measured from the existing grade at the edge of the road.

(E)    Signs located on a wall or on a roof fascia shall be designed as an integral part of the building design. Building signs shall be located on or below the upper line of the roof fascia.

(F)    Signs and supports shall be set back a minimum of five feet from the edge of the right-of-way or roadway, whichever is greater, and shall not obstruct vehicular sight distance or pedestrian/bicycle circulation.

(G)    No sign other than a directional sign shall project more than 12 inches into a required rear yard or required interior side yard.

(H)    Visibility of signs within a scenic corridor shall be minimized by the use of appropriate material, size, location, and orientation. No illuminated signs shall be permitted within a scenic corridor.

(I)    Where sign lighting is permitted, only indirect illumination or low-intensity interior illumination shall be used. It is preferred that lighted signs be designed with light-colored translucent letters and logos, on a semi-opaque dark background. Any permitted sign lighting shall be unobtrusive to adjacent properties and any glare shall be directed onto the site.

(J)    Moving signs, flags, banners, sandwich board signs or flashing signs shall not be permitted.

(K)    Shopping Centers.

(1)    A sign program shall be developed for any shopping center or any group of business uses with shared sign facilities. The program shall include a name sign containing the name of the center, a directory sign either separate or combined with the name sign, and one small pedestrian-oriented sign for each shop. The sign program shall specify sign designs, dimensions, materials, colors, lighting, if any, and placement.

(2)    The total area of the center’s name sign(s) and directory sign shall not exceed 50 square feet. The area of each individual shop sign shall not exceed one-half square foot per foot of building width measured across the front of the building, and shall not exceed a maximum of 18 square feet, whichever is smaller. [Ord. 5202 § 2, 2015; Ord. 4346 § 33, 1994; Ord. 3432 § 1, 1983].

13.10.582 Signs in the PR District.

(A)    No signs or outdoor advertising structure or display of any kind shall be permitted in the PR District except the following:

(1)    One identification sign, not directly illuminated, not larger than 12 square feet in area, located on the site of the use and included in the permit for said use.

(2)    Direction signs for off-street parking or other facilities not exceeding four square feet.

(B)    Sign design in the PR District shall follow SCCC 13.10.581(D) through (F), commercial signs. [Ord. 3432 § 1, 1983].

13.10.583 Temporary signs in all districts.

(A)    Temporary signs, not including political signs, that are to be used in conjunction with a special event or an approved temporary use are permitted subject to the following restrictions.

(1)    Maximum sign area permitted shall be six square feet in a residential zone district and 18 square feet in all other zone districts.

(2)    Temporary signs shall not be placed so as to constitute a traffic hazard.

(3)    Temporary signs shall be removed not more than 10 days after the special event or temporary use to which they refer.

(B)    Political signs are allowed without restriction; provided, that they shall not be placed so as to constitute a traffic hazard and that they shall be removed not more than 10 days after the election to which they refer. [Ord. 4228 § 1, 1992; Ord. 3432 § 1, 1983].

13.10.584 Directional signs.

(A)    Regardless of any other provision of this chapter to the contrary, directional and informational signs of a public or quasi-public nature, including signs identifying specific village areas and signs giving directions to properties not situated adjacent to the street from which such signs are visible, are allowed with a use permit; provided, that no individual sign shall be larger than 12 inches by 42 inches and no individual village directional sign shall be larger than 12 square feet. Such signs shall contain only the name of the use with an appropriate arrow indicating the direction.

(B)    No sign established under the provisions of this section shall be illuminated by artificial light which is not maintained stationary and constant in intensity and color at all times when in use.

(C)    It is the intent of these regulations to discourage indiscriminate placing of signs along the public highways and streets of this County and to encourage the joint use of single structures upon which signs may be displayed. Multiple use of a single structure to display signs is allowed with one use permit; provided, that where one structure is used to display multiple signs, the outside dimensions of the structure shall not exceed 10 feet by 10 feet and shall be designed so as not to obstruct traffic visibility.

(D)    Temporary off-site directional signs of a larger size shall be permitted for seasonal produce sales, subject to securing a use permit. The signs shall only be permitted for direct sale to the public of produce grown on the same site. The information on the signs shall be limited to the type of produce, the farm name and the directions to the farm site. Individual signs shall not exceed 16 square feet in area. [Ord. 3432 § 1, 1983].

13.10.585 Nonconforming signs.

Owners of nonconforming signs, except those signs which have been designated as historic resources pursuant to Chapter 16.42 SCCC, shall have the following times within which to remove, alter, or otherwise make such signs conform to this chapter:

(A)    Except as otherwise provided, all signs shall be removed, altered or otherwise made to comply with this chapter on or before January 1, 1981, except that any sign, other than a portable sign, which was installed or maintained pursuant to a use permit or planned development permit issued since September 20, 1974, shall be removed, altered, or otherwise made to conform to this chapter by December 31, 1985; unless a variance is obtained under the provisions of SCCC 13.10.230.

(B)    Portable signs, sandwich boards, movable freestanding signs, tire stacks, window signs, wind signs, signs painted on buildings, walls or fences, rotating or flashing signs, and all signs of less than $100.00 in replacement value shall be removed, altered, or otherwise made to comply with this chapter within 30 days after the effective date of the ordinance codified in this section. “Portable sign” includes, but is not limited to, any sign, banner, pennant, valance or advertising display constructed of cloth, canvas, light fabric or plastic, cardboard, wallboard or other light material, with or without a frame.

(C)    Signs appurtenant to any use shall be removed within 30 days of the discontinuance of said use.

(D)    Failure to remove, alter or otherwise make a nonconforming sign conform to the requirements of this chapter within the time allowed shall be deemed to be in violation of this chapter and a public nuisance subject to abatement in accordance with Chapter 1.14 SCCC. The owner of the land on which a sign is displayed shall be held responsible for rendering such a sign conforming. [Ord. 4496-C § 51, 1998; Ord. 3927 § 6, 1988; Ord. 3432 § 1, 1983].

13.10.586 Historic identification plaques.

Regardless of any other provision of this chapter to the contrary, nonilluminated historic identification plaques as approved by the Historic Resources Commission not exceeding two square feet in size are permitted to be installed on structures designated as historic resources pursuant to Chapter 16.42 SCCC. [Ord. 3927 § 7, 1988].

13.10.587 Sign exceptions.

(A)    In any district, exceptions to any applicable ordinance standards for a sign, sign program, temporary sign or directional sign may be considered for approval where warranted by site-specific circumstances such as restricted visibility, distance from thoroughfare, location on a corner, unusually large structure, or historic preservation concerns.

(B)    Sign exceptions shall meet the following criteria:

(1)    The exception shall vary from sign standards in the Santa Cruz County Code only to the extent necessary and appropriate to address site-specific circumstances.

(2)    The signage is architecturally and aesthetically compatible with the surrounding neighborhood, environmental setting and associated buildings; does not create or contribute to visual clutter, does not adversely impact coastal visual resources, is consistent with the Local Coastal Program, and, if lighted, avoids undue incidental illumination away from the signage.

(3)    If the exception proposes illumination of a sign visible from a scenic road, the sign shall be only for State and County directional and information signs or for a sign situated within a commercial or visitor serving area.

(C)    Processing of Sign Exceptions.

(1)    A sign exception shall be processed as an administrative permit with public notice, in accordance with noticing and appeal procedures set forth in SCCC Title 18, except that the following proposals shall require a public hearing by the Zoning Administrator:

(a)    Any proposed exception to establish more than three business/identification signs, or more than three small pedestrian-oriented business/identification signs, or any combination of general and pedestrian-oriented business/identification signs exceeding four.

(b)    Any proposed exception that would exceed by more than 50 square feet either the maximum aggregate sign area established by SCCC 13.10.581(A) or the maximum area for directory signs established by SCCC 13.10.581(K)(2). [Ord. 5202 § 3, 2015].

13.10.591 Trip reduction requirements for development projects to be occupied by 50 or more employees.

Nonresidential or mixed use developments to be occupied by 50 or more employees shall meet the trip reduction requirements set forth in SCCC 5.52.080. [Ord. 4314 § 7, 1994].

13.10.592 Trip reduction requirements for residential development projects of 25 or more housing units.

Residential development projects of 25 or more housing units shall meet the trip reduction requirements set forth in SCCC 5.52.090. [Ord. 4314 § 7, 1994].

Part V. RESERVED

Part VI. REGULATIONS FOR SPECIAL USES

Article I. Accessory, Temporary, and Secondary Structures and Uses

13.10.611 Accessory structures in residential zone districts.

(A)    Purpose. It is the purpose of this section to provide for the orderly regulation of accessory structures to ensure that accessory structures are subordinate and incidental to the main structure or main use of the land and to provide notice to future and current property owners that illegal conversion of any accessory structure is subject to civil penalties. This section does not address accessory dwelling units (ADU), nor is an accessory structure in a residential zone district considered an ADU.

(B)    Application Requirements.

(1)    The proposed use of the structure shall be specified.

(2)    Applications for habitable accessory structures and nonhabitable accessory structures shall be processed as specified in Tables 13.10.611-1 and 13.10.611-2.

(3)    The regulations of this section are intended to complement and be implemented consistent with the allowed uses in residential zone districts listed in SCCC 13.10.322(B) and regulations for accessory structures found in SCCC 13.10.323(E)(6).

(C)    Restriction on Accessory Structures.

(1)    Any accessory structure shall be clearly appurtenant, subordinate, and incidental to the main structure or main use of the land as specified in the purposes of the appropriate zone district.

(2)    Regulations on amenities for accessory structures on parcels with a main residence are as indicated in Table 13.10.611-1:

Table 13.10.611-1

AMENITIES REGULATIONS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONE DISTRICTS 

Note: In the Coastal Zone, a Coastal Development Permit may be required per Chapter 13.20 SCCC. For regulations governing ADUs, see SCCC 13.10.681.

Amenity

Nonhabitable

Habitable

Utility sink: outdoor non-enclosed shower

Allowed

Allowed

Toilet, lavatory sink1

Allowed1

Allowed1

Shower and/or bathtub

Pool cabanas: Shower allowed1

All other uses: Not allowed

Allowed1

Washer/dryer and water heater

Allowed

Allowed

Insulation/sheet rock or other finished wall covering

Both allowed

Both required

Built-in heating/cooling

Not allowed

Heating: Required

Cooling: Allowed

Kitchen facilities, excluding sink, as defined in SCCC 13.10.700-K

Not allowed

Not allowed, unless approved as an ADU under SCCC 13.10.681

Electrical service maximum

100A/220V/single phase maximum unless a Level IV use approval is obtained

100A/220V/single phase maximum unless a Level IV use approval is obtained

Separate electric meter

Not allowed unless a Level IV use approval is obtained

Not allowed unless a Level IV use approval is obtained

Use for sleeping purposes

Not allowed

Allowed

Rent, let or lease as an independent ADU

Not allowed

Not allowed, unless approved as an ADU under SCCC 13.10.681 with standard kitchen

1    On parcels less than 10 acres, a maximum of one habitable or nonhabitable accessory structure with any combination of toilet, lavatory sink, shower and/or bathtub is permitted if consistent with Tables 13.10.611-1 and 13.10.611-2. On parcels 10 acres or larger, a maximum of two accessory structures with any combination of toilet, lavatory sink, shower and/or bathtub are permitted if consistent with Tables 13.10.611-1 and 13.10.611-2. When two or more habitable accessory structures exist on a parcel, the second habitable accessory structure and any additional habitable accessory structures shall be considered bedrooms for the purpose of calculating fees and determining parking requirements.

(3)    Regulations for permit requirements, size, height, stories, total number of and locational restrictions for accessory structures in residential zone districts are as indicated in Table 13.10.611-2:

 

Table 13.10.611-2

PERMIT REQUIREMENTS, SIZE, HEIGHT, STORIES, TOTAL NUMBER OF AND LOCATIONAL REGULATIONS FOR ACCESSORY STRUCTURES IN RESIDENTIAL ZONE DISTRICTS 

Note: In the Coastal Zone, a Coastal Development Permit may be required per Chapter 13.20 SCCC. For regulations governing ADUs, see SCC 13.10.681.

 

Nonhabitable

Habitable

Permit required

Within the urban and rural services lines (USL/RSL): building permit only for up to 640-square-foot size, not to exceed 13 feet in height (as defined by the Zoning Ordinance) and in compliance with standards for detached ADUs in SCCC 13.10.681(D)(7)(b)1

 

Outside the USL/RSL: building permit only for up to 1,000-square-foot size, in compliance with zone district site development standards1

Within the USL/RSL: building permit for up to 640-square-foot size, one story and 13-foot height (as defined by the Zoning Ordinance), or in compliance with the zone district site development standards, whichever is more restrictive1

 

Outside the USL/RSL: building permit only for up to 1,000-square-foot size, in compliance with zone district site development standards1

 

In any area: ADUs subject to ADU regulations

Permit required if exceeds size restrictions

Outside the USL/RSL: Level IV administrative site development permit

 

Inside the USL/RSL: Level V administrative site development permit

Level V administrative site development permit

Permit required if exceeds maximum height or story limits

Variance (Level V process—public hearing required)

Variance (Level V process—public hearing required)

Number of accessory structures allowed

No limit, if in compliance with the site regulations of the zone district; however, limits based on parcel size if accessory structure contains plumbing fixtures2

One with building permit only; two with Level V conditional use and site development permit; more than two with Level VI Planning Commission public hearing and approval, with limits on plumbing fixtures2

Locational restrictions related to the distance from the main residence and access to accessory structures

None, if in compliance with the site regulations of the zone district

In addition to the site regulations of the zone district, shall be no more than 100 feet from the main residence, shall not be accessed by a separate driveway or right-of-way, nor constructed on a slope greater than 30 percent, unless a Level IV administrative site development permit is obtained, or as otherwise permitted by County Code/Public Works Director

1    Non-habitable structures that do not exceed 120 square feet in size and a height of 10 feet above grade (as defined by the Zoning Ordinance) do not require a building permit. However, a building permit is required for all accessory structures of any size that contain any plumbing fixtures and electricity, and a zoning permit may be required pursuant to Tables 13.10.611-1 and 13.10.611-2.

2    On parcels less than 10 acres, a maximum of one habitable or nonhabitable accessory structure with any combination of toilet, lavatory sink, shower and/or bathtub may be permitted consistent with Tables 13.10.611-1 and 13.10.611-2. On parcels 10 acres or larger, a maximum of two accessory structures with any combination of toilet, lavatory sink, shower and/or bathtub may be permitted consistent with Tables 13.10.611-1 and 13.10.611-2. When two or more habitable accessory structures exist on a parcel, the second habitable accessory structure and any additional habitable accessory structures shall be considered bedrooms for the purpose of calculating fees and determining parking requirements. ADUs are regulated by SCCC 13.10.681.

(4)    Absent an established residential use, accessory structures are prohibited.

(5)    No habitable accessory structure shall be mechanically heated, cooled, humidified or dehumidified unless the structure or the conditioned portion thereof meets the energy conservation standards of the California Energy Code, Title 24, as adopted by Chapter 12.10 SCCC.

(6)    No nonhabitable accessory structure (other than a pool cabana) shall have a shower or bathtub installed, and no pool cabana shall have a bathtub installed. The Planning Director may grant an exception to allow a bathtub in a pool cabana as a reasonable accommodation pursuant to the Americans with Disabilities Act.

(D)    Required Standards—Accessory Structures.

(1)    Any building or development permit issued for the construction or renovation of a nonhabitable accessory structure shall include a restriction or condition requiring an agreement not to convert the structure into a dwelling unit, ADU, or into any structure for human habitation in violation of this code. Any building or development permit issued for the construction, conversion to or renovation of a habitable accessory structure, other than an attached or detached ADU, permitted as such, shall include a condition requiring an agreement not to convert the structure or space into a dwelling unit or into any other independent habitable structure in violation of this code. Each agreement required by this subsection shall provide the recovery by the County of reasonable attorney’s fees and costs in bringing any legal action to enforce the agreement together with recovery of any rents collected for the illegal structure or, in the alternative, for the recovery of the reasonable rental value of an illegally converted structure from the date of conversion. The amount of any recovery of rents or of the reasonable rental value of an illegally converted structure shall be deposited into a fund designated by the Board of Supervisors to be used by the County for code compliance and abatement activities. The agreement shall provide for periodic condition compliance inspections by Planning Department staff. Nothing in this section or the agreement shall be deemed to be a waiver of any property owner’s rights to due process or to avoid unreasonable searches. The agreement shall be written to bind future owners of the property and include a reference to the deed under which the property was acquired by the present owner, and the agreement shall be filed with the County Recorder. Proof that the agreement has been recorded shall be furnished to the County prior to the granting of any building permit permitting construction on the property.

(2)    The Planning Director may charge a fee, as stated in the uniform fee schedule, for the cost of periodic condition compliance inspections. [Ord. 5366 § 3, 2021; Ord. 5346 § 3, 2020; Ord. 5265 § 10, 2018; Ord. 5264 § 11, 2018; Ord. 5061 §§ 16, 17, 2009; Ord. 4921 § 14, 2008; Ord. 4496-C § 52, 1998; Ord. 4457-A § 3, 1997; Ord. 4324A § 4, 1994; Ord. 4282 § 4, 1993; Ord. 4099 § 1, 1990; Ord. 3996 § 1, 1989; Ord. 3749 § 1, 1986; Ord. 3632 § 16, 1985; Ord. 3593 §§ 14, 15, 1984; Ord. 3432 § 1, 1983].

13.10.612 Cargo and shipping containers used as accessory structures.

(A)    This section governs installation of any intermodal freight container or other commercial/shipping cargo container (“cargo container”) or structure of analogous appearance and function for use as habitable or nonhabitable permanent accessory structures or as commercial structures on commercial and industrial sites. Cargo containers integral to a lawful shipping or storage business are exempt from these provisions and are regulated by the site standards of the applicable zone district.

(B)    Cargo containers may be sited and used as accessory structures outside of the urban and rural services lines in all zone districts, subject to a Level III administrative site development permit unless a coastal development permit is required per Chapter 13.20 SCCC. Inside the urban and rural service lines, cargo containers may be allowed on commercial or industrial properties only.

(C)    Standards.

(1)    Cargo containers accessory to residential uses shall comply with all applicable provisions of SCCC 13.10.611.

(2)    More than one accessory cargo container structure may be approved per parcel, based on demonstrated need and compliance with other provisions of this section. Multiple cargo containers attached into one structure are considered to be one cargo container structure.

(3)    Cargo containers shall meet the following design standards:

(a)    Painted and maintained a neutral color such as medium brown, gray brown, or medium green; or painted to complement existing buildings on the site; or painted in a manner that is considered aesthetically pleasing to persons of ordinary sensibilities.

(b)    Located outside the boundaries of all mapped scenic resource areas and out of view or screened from view from any scenic roads.

(c)    Screened from view, including from public views and views from adjacent properties, to the greatest extent feasible, by any combination of topographic features, other buildings, landscaping, natural vegetation or other screening measures. Where visible from public view or adjacent properties, the container exterior shall be modified as appropriate to be compatible with the architectural style and materials of other structures on the site or in the vicinity, or otherwise treated per subsection (C)(3)(a) of this section.

(d)    Where used as a habitable accessory structure, the design, color, and materials shall complement the existing structures on the parcel. [Ord. 5366 § 4, 2021; Ord. 5346 § 4, 2020].

13.10.613 Home occupations as secondary uses.

(A)    Purposes. The purposes of regulations for home occupations are:

(1)    To allow persons to carry on income-producing activities on their property where they reside, secondary to a residential use.

(2)    To protect nearby residential properties from potential adverse effects of the allowed activity by not allowing home occupations that would create excessive noise, traffic, public expense or any nuisance.

(B)    Restrictions on Home Occupations.

(1)    The home occupation shall be carried on entirely within the dwelling, or in an accessory structure normally allowed in the zone district in which the site is located, unless a Level V conditional home occupation use permit is obtained to authorize outdoor unenclosed activities.

(2)    There shall be no visible or external evidence of the home occupation other than one unlighted sign not exceeding one square foot in area, which shall be affixed to the dwelling or building in which the home occupation is conducted. If both the dwelling and the building are set back more than 40 feet from the front property line, the sign may be affixed to the mailbox. No larger sign, and no outdoor storage, operations or activity is allowed unless a Level V conditional home occupation use permit is obtained, in which case the allowed outdoor use shall be reasonably screened from the street and adjoining properties.

(3)    The home occupation shall be carried out primarily by one or more full-time inhabitants of the dwelling, with one or two employees who are not inhabitants also allowed to work at the home occupation site. A maximum of five additional regular employees may also work at the home occupation site if a Level V conditional home occupation use permit is obtained.

(4)    The home occupation shall not involve the use of floor area exceeding 35 percent of the total floor area of the dwelling, unless a Level V conditional home occupation use permit is obtained.

(5)    A home occupation involving personal services (i.e., hairdresser, barber shop, personal fitness trainer) or training (i.e., swimming lessons, musical instrument lessons, yoga classes, cooking classes, art lessons) may involve no more than two persons at a time, unless a Level V conditional home occupation use permit is obtained.

(6)    Sales of goods are allowed only if the goods to be sold are produced or assembled entirely on the premises, or if sales are by mail order, unless a Level V conditional home occupation use permit is obtained.

(7)    Only one vehicle, which is no larger than a three-quarter-ton pickup truck, in addition to other vehicles equal to the standard number of required parking spaces for the subject home, may be used for the home occupation unless a Level V conditional home occupation use permit is obtained. An off-street parking space shall be provided for any three-quarter-ton pickup truck vehicle used for the home occupation. Additional off-street parking may be required for employees or customers in excess of standard levels through approval of a Level V conditional home occupation use permit.

(8)    The home occupation shall not generate unacceptable levels of noise, as defined by the General Plan Noise Element, Chapter 8.30 SCCC, Noise, and Chapter 13.15 SCCC, Noise Planning.

(9)    Home occupations involving the handling of hazardous materials, as defined by SCCC 7.100.020, or of any amount of an acutely hazardous substance, as defined by State or Federal law, shall require a Level V conditional home occupation use permit and approval of other applicable permits such as those issued by the County’s Environmental Health Division. “Hazardous materials” refer to materials defined in Chapter 7.100 SCCC.

(10)    Cottage food businesses are allowed as home occupations if consistent with State law governing such operations and compliant with applicable requirements of the County’s Environmental Health Division.

(11)    Commercial weddings and similar celebrations, community events, and fundraisers are not eligible to be permitted as home occupations.

(12)    A commercial firewood operation, where wood is cut, processed, and/or stored for sale to the public, is prohibited as a home occupation. [Ord. 5366 § 5, 2021; Ord. 5346 § 5, 2020; Ord. 4836 § 102, 2006; Ord. 4100 § 1, 1990; Ord. 3432 § 1, 1983].

13.10.616 Temporary permits, uses, and structures.

(A)    Purpose. The purposes of this section are as follows:

(1)    To ensure that temporary uses and structures are developed in an orderly fashion consistent with the purpose of the applicable zone district;

(2)    To ensure that temporary uses and structures remain secondary to primary uses that exist, are allowed on the site, and are compatible with neighboring land uses; and to limit temporary uses and structures on vacant properties;

(3)    To promote and protect the public health, safety, peace, convenience, and general welfare;

(4)    To protect the character, visual and environmental resources, and quality of residential, commercial, industrial, agricultural, recreational, and open space areas of the County;

(5)    To allow and establish regulations for temporary uses and structures that are not otherwise subject to regulations pertaining to permanent accessory or ancillary uses and structures, such as those governing home occupations (SCCC 13.10.613);

(6)    To accommodate temporary uses, structures, and activities that contribute to the quality of life, economic vitality or public interest of Santa Cruz County; and

(7)    To allow for temporary uses and structures that may not be generally consistent with the purposes of the applicable zone district, but which may be allowed for a defined temporary period due to emergency or other urgent public needs in the interest of public health, safety, and welfare.

(B)    Temporary Permits. A temporary permit is required for any temporary use or structure that is not otherwise exempt or considered and processed as a special event or other similar short-term use.

(1)    Temporary permits shall be processed in accordance with procedures in Chapter 18.10 SCCC for Level III administrative permits unless a Coastal Development Permit is required per Chapter 13.20 SCCC. In the instance where a temporary use involves amplified music, a temporary permit shall be processed in accordance with procedures in Chapter 18.10 SCCC for noticed Level IV administrative permits, which may be elevated to a Level V permit process involving a noticed public hearing for proposals involving longer timeframes or multiple and repeated activities.

(2)    Temporary permits are subject to the following provisions:

(a)    Term. The term of a temporary permit shall be for a period of time determined by the Planning Director or designee not to exceed three years and shall be in accordance with subsections (C) and (E) of this section.

(b)    Extension. A temporary permit may be extended for one additional term of up to three years, for a maximum of six total years, based upon findings of special circumstances related to public benefit and/or unusual economic conditions, as appropriate to site circumstances, and subject to conditions of approval.

(c)    Conditions of Approval. A temporary permit may require conditions of approval to ensure public health and safety, including but not limited to:

(i)    Standards from the Americans with Disabilities Act.

(ii)    Site-specific evidence to support that the temporary use will not impact parking for other on-site uses, which may include letters of support for those uses.

(iii)    Requirements for alternate parking arrangements and/or alternate modes of access by customers.

(iv)    Documented compliance with any special event or permit requirements from other State or local agencies, such as: the County Department of Public Works; County Health Services Agency; County Department of Parks, Open Space and Cultural Services; Sheriff’s Office; County Fire Districts; California Department of Alcoholic Beverage Control; or California Department of Motor Vehicles.

Permitted temporary uses and/or structures may be exempted from some or all permanent site improvement standards normally required for permanent uses and structures, such as site frontage improvements or parking lot landscaping standards.

(d)    Expiration. Upon expiration of a temporary permit, all temporary uses shall cease and all associated temporary structures shall be removed from the parcel no more than 21 days following expiration, unless a site development and/or use permit allows for permanent use, subject to the provisions of the applicable zone district.

(C)    Temporary Uses. Unless exempted by subsection (D) of this section, temporary uses shall require a temporary permit and shall comply with the following standards:

(1)    A temporary use may be approved in any zone district, unless specifically prohibited in this section or elsewhere in the SCCC; a commercial, for-profit event, where fees or other forms of remuneration are collected, is not permitted as a temporary use in any residential zone district.

(2)    A temporary use and any associated structures may remain on a site for up to a total of 180 days. A temporary use and any associated structures may remain on a site for more than 180 days and up to three years with a permit, where appropriate for the use based upon findings for approval and subject to conditions of approval.

(3)    A temporary use on developed property shall be secondary to the primary use of the parcel.

(4)    Other than temporary storage uses associated with an active building permit, temporary uses are prohibited on vacant properties in residential zone districts, but they may be allowed on vacant properties in non-residential zone districts, subject to approval of a temporary permit.

(5)    No temporary use shall, for any length of time, displace more than 35 percent of the parking spaces required by SCCC 13.10.550 et seq., unless:

(a)    A County-approved street closure prevents access to such required parking during the period that the closure is in effect;

(b)    An applicant for a temporary use permit provides site-specific evidence to demonstrate that the average peak parking used on the site is less than 65 percent of the available parking during the same hours and in the same season of the year proposed for the temporary use; and the decisionmaker makes this finding in conjunction with approval;

(c)    Alternate parking or shuttle arrangements are approved to meet parking space requirements in conjunction with issuance of a temporary permit; or

(d)    By order of the County Health Officer, outdoor operations are encouraged and the limited number of parking spaces remaining as a result of outdoor operations is appropriate.

(6)    Signs for temporary uses shall comply with SCCC 13.10.583.

(7)    Premises of temporary use site shall be kept clean, sanitary, and free of litter.

(8)    After the temporary use has ceased, all visible signs of the temporary use and temporary structures shall be removed, and the site shall be free of trash. Any damage to the site or existing structures caused by the temporary use shall be repaired.

(9)    In addition to obtaining a temporary permit, temporary uses that extend onto the public right-of-way or other publicly owned property shall obtain an encroachment permit from the County Department of Public Works, as well as any special event approval, concession licenses, licensing agreements from the County Department of Parks, Open Space and Cultural Services, the State of California, or other entity as required.

(D)    Exemptions for Temporary Uses. The following temporary uses are exempt from subsection (B) of this section and shall not require a temporary permit:

(1)    Events and uses conducted entirely within public property or public rights-of-way that are not associated with an adjacent or nearby private use on private property, where special event, concession licenses, licensing agreements, and/or encroachment permits or the like are obtained from the County Department of Public Works, Department of Parks, Open Space and Cultural Services, the State of California, or other entity as required.

(2)    Temporary uses conducted entirely within a building, such as a temporary sales area, for which all necessary County permits have been obtained and which allow the particular use.

(3)    Temporary uses for which a use permit has already been issued that allows the temporary use.

(4)    Garage or yard sales not exceeding four weekends per year on the site of a legal residential use.

(5)    Seasonal Sales. Seasonal sales of Halloween pumpkins, Christmas trees, and similar products in all zone districts except residential. Seasonal sales in the RA zone district may be permitted as small-scale commercial agriculture with a Level III administrative use permit. Seasonal sales shall comply with the following standards:

(a)    A Level I administrative zoning clearance shall be obtained prior to the establishment of a seasonal sales use.

(b)    All activities associated with seasonal sales shall be conducted with a 10-foot setback from any property line with an existing residential use.

(c)    All activities associated with seasonal sales shall be conducted within the hours of 8:00 a.m. to 9:00 p.m., unless a temporary permit is approved to allow different hours of operation.

(d)    Sales that occur in areas designated for such seasonal sales as set forth in a previously issued development permit shall meet the conditions of that permit and do not require a separate Level I administrative zoning clearance.

(e)    Temporary structures associated with seasonal sales are allowed without a separate temporary permit if they meet setback requirements for the zone district and comply with any applicable building code standards pursuant to Chapter 12.10 SCCC. Temporary structures larger than 120 square feet and 10 feet in height, measured in accordance with the Zoning Ordinance, may require a building permit and inspections prior to use, unless otherwise exempted by Chapter 12.10 SCCC.

(f)    Recreational vehicles are allowed in conjunction with seasonal sales and must comply with setbacks equivalent to the structural setback requirements for the zone district. Recreational vehicles utilized in conjunction with seasonal sales shall be removed from the parcel within 15 days following October 31st for pumpkin sales or following December 25th for Christmas tree sales.

(g)    Site ingress and egress shall not create a traffic or pedestrian safety hazard.

(h)    Any temporary fencing shall be placed outside the corner sight clearance triangle provided by SCCC 13.10.525 and shall not exceed eight feet in height.

(i)    Signage shall comply with SCCC 13.10.583.

(j)    Vendor shall maintain on-site a multi-purpose certified fire extinguisher (Type A, B, and C, minimum five-pound size) appropriate for Class A (non-metallic solids), B (flammable gases), and C (electrical fires). Temporary membrane type structures shall be fire resistive and be NFPA-701 certified.

(E)    Temporary Structures. Temporary structures are subject to standards and permit requirements depending on the type of structure, as provided below:

(1)    Temporary Storage Boxes.

(a)    In any zone district, a maximum of one fully enclosed, temporary container designed for secure temporary storage, and obtained from and installed by a commercial vendor, may be installed pursuant to this section. All such temporary structures:

(i)    Shall obtain a Level I administrative permit to check for zoning and setback compliance prior to installation.

(ii)    Shall be removed within 90 days of installation, unless a time extension is authorized by a temporary permit to allow a temporary structure for up to 180 days (or during term of construction as provided in subsection (E)(1)(b)(iii) of this section). If an application for a temporary permit or permit extension is submitted on or prior to the required removal date, the temporary structures may remain in place up to 30 additional days to provide for permit processing.

(iii)    Shall be located wholly outside any corner sight distance triangle, a minimum of five feet from any property line unless approved to be installed, wholly or partially, within a right-of-way.

(iv)    Shall not be subject to standards for lot coverage or floor area ratio.

(v)    Shall be subject to review by the Department of Public Works when proposed wholly or partially within a public right-of-way, and an encroachment permit or other license or agreement may be required.

(vi)    If proposed wholly or partially within a private right-of-way, the temporary structure shall require a temporary permit and be subject to the following standards:

A.    Shall not be located in the private right-of-way if it can reasonably be installed in a driveway and shall not fully preclude use of the right-of-way.

B.    May be located in parking spaces adjoining the subject parcel.

C.    Shall not occupy any space reserved for persons with disabilities.

D.    Shall not create a safety, traffic, or pedestrian hazard.

E.    Shall not affect the line of sight established by any corner sight clearance triangle defined by SCCC 13.10.525(C)(2)(c).

F.    Between the dates of October 15th and April 15th, shall not be placed in any location where likely to divert, impede or otherwise adversely affect any established pattern of storm water runoff.

(b)    Temporary Storage Boxes on Vacant Parcels.

(i)    Temporary storage boxes may be placed on vacant, non-residential parcels, subject to the provisions of subsection (E)(1)(a) of this section.

(ii)    Temporary structures or storage boxes are not allowed on vacant parcels in residential zone districts in the absence of an active building permit.

(iii)    When associated with a building permit, temporary storage boxes may be installed on any parcel, vacant or developed, as provided by subsection (E)(1)(a) of this section, except that the unit(s) may remain on site for the active term of the building permit and shall be removed from the site within 15 days after the building permit is expired, voided, or withdrawn.

(2)    Temporary Tent Structures.

(a)    In any district, one prefabricated, temporary tent structure used for parking, storage, or other use, constructed of light frame materials and covered with cloth or flexible plastic, is allowed for up to 180 days without a permit pursuant to the following standards:

(i)    Maximum height shall be 12 feet.

(ii)    Maximum area shall be 300 square feet.

(iii)    All structures and materials shall be maintained in good condition, free of tears and graffiti.

(b)    Temporary tent structures shall be subject to setback standards of the applicable zone district, except that, outside the front setback area, tent structures that are open on at least two sides may be located a minimum of five feet from the side property lines in any residential district.

(c)    Temporary tent structures greater than 12 feet in height or 300 square feet in area, or more than one on a site, or proposed to exist for more than 180 days, or requesting further reduced setbacks, may be considered with approval of a Temporary Permit (Level III administrative site development permit) for a period not to exceed one year.

(d)    Temporary light frame tent structures with a maximum height of 12 feet and a maximum size of 300 square feet located in a residential rear yard and not visible from a public street may remain on a site for up to one year with no temporary permit required.

(e)    Tent structures proposed for more permanent installations (greater than one year) shall be processed as regular structures under applicable regulations of the County Code.

(f)    Tent structures shall not have any lighting between the hours of 10:00 p.m. and 5:00 a.m.

(3)    Other Temporary Structures Associated with Authorized or Approved Temporary Uses.

(a)    Temporary permits granted for temporary uses may also authorize associated temporary structures, with appropriate conditions pertaining to number, size, height, design, materials, and location on the site.

(b)    Temporary permits may also be approved for types of temporary structures that do not fall within the above categories, for time periods of up to three years, as reasonably related to the needs and purposes of a primary use of the site, or as determined to be in the interests of public health, safety, and welfare. [Ord. 5366 § 6, 2021; Ord. 5346 § 6, 2020].

Article II. Adult Uses

13.10.621 Adult bookstores and adult motion picture theaters.

(A)    Definitions. As used in this chapter:

(1)    “Adult bookstore” means a building or portion thereof used by an establishment having, as a substantial or significant portion of its stock in trade for sale to the public, books, magazines or other publications, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.

(2)    “Adult motion picture theater” means a building or portion thereof, or area, whether open or enclosed, regularly used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons or customers.

(3)    “Specified sexual activities” shall mean any of the following:

(a)    Human genitals in a state of sexual stimulation or arousal;

(b)    Acts of human masturbation, sexual intercourse, sodomy or bestiality; or

(c)    Fondling or other erotic handling of human genitals.

(4)    “Specified anatomical areas” shall mean any of the following:

(a)    Less than completely and opaquely covered human genitals; or

(b)    Human male genitals in a discernibly turgid state.

(5)    “Substantial or significant portion of its stock in trade for sale” shall mean 10 percent of the titles on display for sale. Nonincidental materials with the same title shall be considered separate items.

In order for the County to ensure that no more than 10 percent of the titles for sale are books, magazines or other publications distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, the County shall have the right, upon reasonable notice to an applicant or property owner, to inventory stock in trade of “adult material” as herein defined, and regular material.

(B)    Location Restrictions. No development permit shall be granted for the purpose of operating an adult bookstore or adult motion picture theater, as defined, unless in addition to satisfying all other requirements imposed by this chapter, the applicant can establish the following facts:

(1)    The property, or any portion thereof, on which the proposed use would be located is not within 500 feet of any property or portion thereof used for an elementary school, junior high school, high school, or public playground; and

(2)    The property, or any portion thereof, on which the proposed use would be located is not within 100 feet of any property or portion thereof on which an adult bookstore or an adult motion picture theater, as hereinabove defined, or a bath or massage establishment, as defined in SCCC 13.10.623, is located and doing business; and

(3)    The property, or any portion thereof, on which the proposed use would be located shall not be within 400 feet, measured from the frontage of the building where there is no rear access, or 400 feet from a rear access, of any lot or parcel of property which is designated as a residential zone district.

(C)    Reports. Environmental impact documents prepared in accordance with Chapter 16.01 SCCC and the County environmental impact guidelines adopted pursuant thereto shall be submitted by each applicant for a permit pursuant to this section. [Ord. 3432 § 1, 1983].

13.10.622 Exhibition of adult films at outdoor motion picture theaters.

(A)    Prohibition. It shall be unlawful to present or exhibit, or to permit the presentation or exhibition of, any motion picture which is distinguished or characterized by an emphasis on matter displaying, depicting or describing specified sexual activities or specified anatomical areas, as defined in SCCC 13.10.621, at any outdoor motion picture theater.

(B)    Definition. “Outdoor motion picture theater” means any unenclosed land or premises, if each of the following conditions exist:

(1)    A stage or screen is located thereon which is used for the presentation or exhibition of motion pictures; and

(2)    Said stage or screen is visible from any public street or highway, public place, or private residential dwelling; and

(3)    The premises on which the stage or screen is located are open to the public upon payment of a fee or admission charge.

(C)    Penalty. In addition to all civil remedies which may be provided for by this code or State law, any person, firm, or corporation which violates the provisions of this section shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine of not more than $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of three or more violations of this section within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of this section is committed, continued or permitted. [Ord. 3432 § 1, 1983].

13.10.623 Massage and bath establishments.

(A)    Purpose. It is the purpose of this section to provide for the orderly regulation of bath or massage establishments in the County of Santa Cruz in order to protect the public health and welfare by establishing certain minimum standards for the conduct of this type of business and by restricting the permitted locations thereof. This title is adopted pursuant to Sections 51030 through 51034 of the California Government Code.

(B)    Definitions.

(1)    “Bath” shall mean the activity of providing facilities for the following: steam bath, electric light bath, electric tub bath, sponge bath, sun bath, mineral bath, Russian, Swedish, or Turkish bath; or any other type of public bathing, which has in connection therewith a steam room, dry hot room or shower bath.

(2)    “Massage” shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, and with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.

(3)    “Masseur/masseuse” shall mean a person who, for compensation, administers or assists in the administration of baths or massages.

(4)    “Bath or massage establishment” shall mean any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on, or permits the providing of baths or massages.

(C)    Location Restriction. No person shall operate a bath or massage establishment at any location if the property, or any portion thereof, on which the bath or massage establishment would be located is:

(1)    Within 1,000 feet of any property or portion thereof on which another bath or massage establishment is located and doing business; or

(2)    Within 500 feet of any property or portion thereof which is used for an elementary school, junior high school or public playground.

(D)    Prohibitions.

(1)    A masseur/masseuse shall not administer or offer to administer any bath or massage to any person under 18 years of age unless such person is accompanied by a parent or guardian.

(2)    No person under 18 years of age shall work or be permitted to work on the premises of any bath or massage establishment.

(3)    No food or beverage shall be sold or served, nor shall any business activity other than baths or massages be conducted on the premises of a bath or massage establishment.

(E)    Operating Requirements.

(1)    A list of services available and cost of such services shall be posted in an open and conspicuous public place on the premises of each bath or massage establishment. No owner, operator, responsible managing employee or manager in charge of, or in control of, the bath or massage establishment shall permit, and no masseur/masseuse shall offer to perform, any services other than those posted.

(2)    Repealed by Ord. 5061.

(F)    Applicability of Chapter to Existing Facilities. Any person, association, partnership or corporation lawfully engaging in or carrying on the operation of a bath or massage establishment on the effective date of the ordinance codified in this chapter shall comply with all of the provisions of this chapter, except those of subsection (C) of this section within 180 days of the effective date thereof.

(G)    Exemptions. This chapter shall not apply to athletic team trainers, cosmetologists, barbers, or persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the California Business and Professions Code when engaging in such practice within the scope of his or her license.

(H)    Penalties for Violations. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine of not more than $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of three or more violations of this chapter within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this chapter. [Ord. 5061 § 18, 2009; Ord. 3432 § 1, 1983].

Article III. Agricultural Uses

13.10.631 Farmworker (agricultural employee) housing.

(A)    Purposes. The purposes of regulations for farmworker housing are:

(1)    To recognize farmworker housing as an agricultural land use necessary for commercial agricultural operations;

(2)    To permit and encourage a sufficient supply of housing for agricultural employees (“Farmworker Housing”) to meet the needs of local growers and farmworkers and to address County goals related to farmworker housing;

(3)    To comply with the California Employee Housing Act (“the Act” or “EHA”), as defined below, related to local regulation and permitting of employee housing, as defined in the Act, for farmworkers;

(4)    To provide clear development standards and permitting procedures for the development of farmworker housing projects of up to 12 dwelling units, mobile homes, or recreational vehicle spaces, or five to 36 beds in group quarters, including permanent, temporary, or seasonal farmworker housing projects, consistent with Section 17021.6 of the Act, and for streamlined affordable farmworker projects of up to 36 units, consistent with Section 17021.8 of the Act (“EHA Projects”);

(5)    To clarify development standards and permitting procedures for the development of small agricultural employee housing projects of one to four dwelling units or mobile home/trailer spaces (“Small Farmworker Housing Projects”), including permanent, temporary, or seasonal farmworker housing projects as defined in the Act;

(6)    To codify review procedures and development standards for utilization of the Development Reserve (“DR”) established in the General Plan to allow development of up to 200 units of affordable rental housing for farmworker households (“Affordable Farmworker Housing Projects”) on qualifying sites within unincorporated South County, as defined herein;

(7)    To provide clear provisions for monitoring and enforcement of applicable occupancy standards, licensing requirements, and health and safety codes for farmworker housing projects, to ensure the housing is occupied by farmworker households, and that the housing and associated infrastructure meets health and safety codes; and

(8)    To prevent the conversion of agricultural land to non-agricultural uses, while allowing development of farmworker housing needed for farming operations to thrive.

(B)    Applicability. This section applies to farmworker housing projects proposed in the Commercial Agriculture (CA), Agricultural Preserve (AP), and Agriculture (A) zone districts. In the event of any conflicts between Chapter 13.10 SCCC and the Act with respect to Employee Housing, as defined below, the Act, as it may be amended, shall prevail. This is declaratory of existing law. Notwithstanding other provisions of this code, nothing in this section shall be deemed to eliminate already existing farm worker housing currently allowed by law, nor to prohibit rehabilitation of such existing farm worker housing so long as such rehabilitation complies with all applicable State and County health, safety, fire, housing, and construction codes.

(C)    Definitions. For the purposes of this section, the following words and phrases shall be defined as set forth in this section and as further defined in the Act, where indicated. In the event of any conflict between the definitions in this section and definitions of the same or similar terms in SCCC 13.10.700, the definitions herein shall prevail.

(1)    “Affordable Rental Farmworker Housing Project” (“ARFH Project”) or “Affordable Project” means a subsidized, rent-restricted, multi-family rental housing development of more than 12 units developed by a non-profit housing provider for lower-income farmworker households, pursuant to the Development Reserve established in the General Plan, and subsection (G) of this section.

(2)    “Agricultural Employee” means an employee engaged in agriculture, which includes farming in all its branches, including but not limited to the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, furbearing animals, or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market, as further defined in California Labor Code §1140.4(b). “Agricultural Employee” also means farm worker, farmworker, or farm laborer. “Agricultural Employee” does not include persons engaged in household domestic service, or certain employees of religious or charitable entities listed in Section 17005(b) and (c) of the Act. Agricultural Employees earn their primary income through permanent or seasonal agricultural labor.

(3)    “Agricultural Employer” means one engaged in an agriculture who employs employees, as further defined in Labor Code Section 1140.4(c).

(4)    “EHA Project” means a proposal to develop a project to provide housing for at least five farmworkers, pursuant to Section 17021.6 of the Act, including any of the following project types defined below: an Employer-Provided Farmworker Housing Project or Rural Farmworker Housing Project consisting of no more than 12 dwelling units or other housing accommodations designed for occupancy by a household, or up to 36 beds if the project consists of group quarters; or a Small Farmworker Housing Project.

(5)    “Employee Housing” as used in this section means housing for at least five employees as further defined in Section 17008 et seq. of the Act, and means the same as “labor camp” as that term may be used in various State of California laws.

(6)    “Employee Housing Act” or “EHA” or “Act” means California Health and Safety Code Section 17000-17062.5, as may be amended by the State of California from time to time.

(7)    “Employer-Provided Farmworker Housing” means housing accommodations described in Section 17008(a) of the Act for five or more farmworkers by their employer and maintained in connection with any work or place where work is being performed, whether or not rent is involved.

(8)    “Enforcement Agency” or “Local Enforcement Agency” means the Environmental Health Services Division of the Health Services Agency of the County of Santa Cruz (“EHS”), which is authorized to enforce the Act within Santa Cruz County. In the event the County ceases to be the local enforcement agency, the California Department of Housing and Community Development (HCD) would be the Enforcement Agency.

(9)    “Farmworker” means an Agricultural Employee, as defined above.

(10)    “Farmworker Housing” means Employee Housing for agricultural employees, or any other type of farmworker housing project authorized by this section.

(11)    “HCD” means the California Department of Housing and Community Development, or its successor agency.

(12)    “Housing accommodations” as used in reference to EHA Projects, means any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobilehome, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobilehomes or camping of five or more employees by the employer.

(13)    “License” means a permit to operate Employee Housing issued by the Enforcement Agency pursuant to Section 17030-17039 of the Act.

(14)    “Rural Farmworker Housing” means housing accommodations as described in Section 17008(b) of the Act which are: located in an agricultural zone, and in a rural area as defined in California Health and Safety Code Section 50101; provided by someone other than an agricultural employer; and provided for five or more farmworkers of any agricultural employer(s) for any of the following purposes:

(a)    Temporary or seasonal occupancy, as defined herein.

(b)    Permanent occupancy, if the housing accommodation is a mobilehome, manufactured home, travel trailer, or recreational vehicle.

(c)    Permanent occupancy, if the housing accommodation consists of one or more existing, conventionally built (i.e., subject to State Housing Code—Health and Safety Code Sections 17910-17998.3, also known as “stick-built”) structure(s) on the site that are at least 30 years old, and at least 51 percent of the dwelling units or 51 percent of the beds in group quarters in the existing structure(s), are occupied by farmworkers.

(15)    “Seasonal Occupancy” or “seasonal employee housing” means farmworker housing which is operated annually on the same site and which is occupied for not more than 180 days in any calendar year, as further defined in Section 17010(b) of the Act.

(16)    “Single-Family Farmworker Housing” means any housing accommodations occupied by no more than six farmworkers for which the owner/operator has obtained or seeks a License pursuant to Section 17021.5 of the Act, which allows such projects to be deemed a single-family dwelling and a residential use of the property.

(17)    “Small Farmworker Housing Project” or “Small Project” means a farmworker housing project of one to four dwelling units, each to be occupied exclusively by farmworker(s) or a farmworker family, including any existing or proposed caretaker’s unit. The four-unit limit for this project type does not include any existing or proposed primary residence and/or accessory dwelling unit on the same parcel.

(18)    “Streamlined EHA Project” or “Streamlined Project” means an affordable farmworker housing project of no more than 36 dwelling units, manufactured homes, or spaces for manufactured or mobile homes or recreational vehicles, subject to a 35-year affordability restriction, which may not include dormitory-style units or housing for H-2A visa-holders, and as further defined in the Act and in subsection (H) of this section, which is eligible for streamlined, ministerial processing pursuant to Section 17021.8 of the Act.

(19)    “Temporary Occupancy” or “Temporary employee housing” means farmworker housing which is not operated on the same site annually, and which is established for one operation and then removed, as further defined in Section 17010(a) of the Act.

(D)    EHA Projects. This section applies to farmworker housing projects that provide housing for at least five farmworkers and are proposed pursuant to Section 17021.6 of the Act (“EHA Projects”). Eligible project types include Employer-Provided Farmworker Housing or Rural Farmworker Housing projects, as defined above, of up to 12 dwelling units or up to 36 beds in group quarters (dormitory-style housing); or a Small Project, as defined above, that provides housing for at least five farmworkers. EHA Projects may be for Seasonal or Temporary Residency, as defined above. EHA Projects shall not include any proposed land division (i.e., parcel map, subdivision map or condominium map) for the purposes of creating a separate parcel for the EHA Project and/or for one or more EHA unit(s).

(1)    Required Permits and Approvals.

(a)    Site Development Permit. In the CA, AP and A zone districts, EHA Projects proposed pursuant to this subsection (D) are considered an agricultural use and require an Administrative Site Development Permit (Level III or V, as shown on use chart) from the Planning Department. Conditions of approval may be imposed by the Director to ensure compliance with the performance standards of this section and with the Act.

(b)    Water and Sanitation Permits. EHA Projects not connected to community sewer or water shall obtain required County permits for proposed well water and/or septic systems pursuant to Chapters 7.38, 7.70, 7.71 and 7.73 SCCC as applicable. EHA Projects on well water that meet the definition of a Public Drinking Water System shall comply with State Water Resources Control Board standards.

(c)    Building Permits. EHA Projects shall obtain building permits or other required permits, depending on type of housing accommodations proposed for the project. For EHA Projects consisting of two to four mobile or manufactured homes (not on a permanent foundation system) or recreational vehicles, or spaces for two to four mobile homes or recreational vehicles (a “trailer park”), HCD is the permitting agency. For EHA Projects of five to 12 spaces, mobile homes, or recreational vehicles, the County is the permitting agency.

(d)    Recorded Covenant. The site development permit shall include a condition of approval for the property owner to record a farmworker housing covenant with the County to provide constructive notice of and ensure owner’s compliance with the requirements of this section, the Act, and their License.

(e)    License. EHA Projects shall obtain and maintain a License to operate the proposed farmworker housing from the Enforcement Agency pursuant to Section 17030-17039 of the Act. The Enforcement Agency in the County is the Environmental Health Services Division of the County Health Services Agency.

(i)    Applicants shall apply for the License at least 45 days before initial occupancy, after the Site Development Permit and any required building or other ministerial permits have been obtained for the project. The application form is available from the Enforcement Agency and requires applicant to provide all information listed in Section 17032 of the Act.

(ii)    Applicant shall submit a letter requesting a modification to the License whenever there is a change in any of the information provided on the License application form, such as a reduction or increase in the number of units or beds occupied by farmworkers, or any other information on the form.

(iii)    Licenses are issued for a one-year period and subject to annual monitoring by the Enforcement Agency. Applicant shall submit a letter each year requesting an annual renewal of the License for as long as the housing continues to be operated as employee housing.

(iv)    Any operator of an EHA Project that fails to obtain or maintain the required License for the project shall be subject to the penalties of Section 17037 of the Act, including in some cases a requirement to pay double or 10 times the applicable licensing fees.

(f)    Certificate of Non-operation. If the EHA Project ceases to be occupied by farmworkers, the operator shall submit a letter certifying non-operation to the Enforcement Agency within 30 days, noting the date on which the housing ceased to be occupied, consistent with Section 17037.5 of the Act. The Certification of Non-Operation shall be submitted to the Enforcement Agency annually for two years following discontinuation of the use of any area or structure on the property identified in operator’s License as farmworker housing. The Certification shall attest under penalty of perjury that the farmworker housing has been destroyed, or is no longer owned and operated, or has not been and shall not be occupied by five or more employees during the calendar year. Operator shall send a copy of the Certification of Non-operation to the County Planning Department concurrently with delivery to the Enforcement Agency.

(i)    If a Certification of Non-Operation is filed within 10 years of issuance of the initial certificate of occupancy for the EHA Project, the provisions of Section 17021.6(f) may be invoked by County for recovery of any waivers of impact fees, taxes or costs that may have been associated with the initial permitting of the EHA Project.

(ii)    Filing of a Certification of Non-Operation shall be considered a conversion to another use. The EHA Project shall not be converted to any other use unless the conversion is approved in advance by the County through the Planning Department. Any conversion shall be subject to all applicable County codes (zoning, building, fire, etc.) and permitting requirements at the time of the conversion. Development initially permitted as an EHA Project and then converted without prior County approval will not be “grandfathered in” or considered legal non-conforming structures for uses other than farmworker housing.

(g)    Environmental Review. EHA Projects are subject to environmental review (“CEQA”). The Public Resources Code provides some exemptions to CEQA that may apply to certain types of farmworker housing defined herein.

(2)    Development Standards and Criteria. EHA Projects shall comply with development standards of the CA, AP and A zone districts applicable to agricultural uses as provided in SCCC 13.10.313, as well as the additional standards and criteria provided below. In the event of any conflict between SCCC 13.10.313 and the standards and criteria provided in this section, those in this section shall prevail.

(a)    Density Limitations. EHA Projects proposed in agricultural zones are considered an agricultural use pursuant to the Act and as such are not subject to the residential density limitations set forth in the General Plan or SCCC, including Chapter 13.14 SCCC.

(b)    Unit Size. The maximum habitable floor area for a dwelling unit intended for occupancy by a single farmworker household (individual farmworker or farmworker family) in an EHA Project shall not exceed the following, measured in square feet (SF):

Unit Size

Maximum Habitable Floor Area*

Studio or 1 bedroom

640 SF

2 bedrooms

800 SF

3 bedrooms

1,200 SF

4 or more bedrooms

1,400 SF

* Defined in SCCC 13.10.700-H.

(c)    Group Quarters. Structures designed as group quarters or dormitories shall provide at least 50 square feet of habitable area per bed (per occupant) within the dormitory structure.

(d)    Height. Structures shall be limited to a height of 28 feet.

(e)    Parking. EHA Projects shall comply with the parking standards in SCCC 13.10.552 through 13.10.554, except that the minimum number of spaces per unit or per bed in an EHA Project shall be as set forth below:

Unit Size

Minimum Parking Spaces required

Studio or 1-bedroom

1

2 or 3 bedrooms

2

4 or more bedrooms

2.5

Group Quarters

.5 per bed

(i)    Parking Exceptions. The Director may approve a reduction in required parking spaces without a variance, if the applicant provides evidence to the Director’s satisfaction that fewer parking spaces than otherwise required by this section will be adequate for the EHA Project, such as where transit service or alternative transportation is available or is provided by the operator.

(ii)    Alternate surfacing materials (e.g., base rock or gravel) may be allowed for parking areas and/or accessways to the EHA, if the Director finds that the alternate surfacing materials will help to preserve agricultural land, and the surfacing will be installed and maintained in a manner that will prevent erosion and will provide adequate drainage, and such alternate is acceptable to other involved reviewing agencies (i.e., fire district, Public Works).

(f)    Siting. EHA Projects shall be sited on the parcel, to the extent feasible, to avoid placing units or structures on prime agricultural land or other productive soils, and to avoid or minimize exposure of occupants to hazards associated with agricultural operations on the site or adjacent properties. As an agricultural use, EHA projects are not subject to SCCC 16.50.095, Agricultural buffer setbacks.

(i)    Minimize disturbance. To the extent feasible, EHA Projects shall be sited on the least viable portion of the parcel or in such a way as to disturb the least amount of productive farmland. Depending on site conditions, this may be achieved by siting the EHA Project near existing development on the site, using existing site access, and minimizing the use of paving materials or other impervious surfacing to the minimum necessary to accommodate the EHA Project.

(ii)    Buffers. To the extent feasible, housing accommodations shall be sited at least 50 feet from any active agricultural operations on the subject parcel, including areas subject to machine cultivation or pesticide application. If such distances are not feasible, buffering techniques, such as fencing, screening with vegetation, or other techniques may be used to provide a buffer between farmworker housing and farming operations, subject to Department approval. Housing accommodations shall not be located within 75 feet of any livestock barns, pens or similar quarters of livestock or poultry, consistent with State regulations.

(3)    Enforcement.

(a)    Violation of any conditions of approval of a License, the Act, or any County permit or approval of an EHA Project shall be considered a violation of the Santa Cruz County Code, subject to enforcement in accordance with Chapter 19.01 SCCC, which may include fines, civil penalties, abatement of the use, conversion of the housing units to non-habitable structures, or removal of the structures. Any operator found to be leasing EHA units or beds in a licensed EHA Project to occupants other than farmworkers or farmworker families shall be deemed in violation of the County Code pursuant to this section.

(b)    EHA Projects are subject to the enforcement provisions of the Act (Section 17050-17062.5). Violations of the relevant use, occupancy, or maintenance requirements, or conditions of the License, are considered a public nuisance under the Act, and subject to abatement if not made to conform. The Enforcement Agency may pursue all enforcement actions authorized under the Act to investigate and/or abate violations.

(E)    Single-Family Farmworker Housing. Single-Family Farmworker Housing projects as defined in subsection (C) of this section may, at the applicant’s option, be proposed pursuant to Section 17021.5 of the Act, in which case they are deemed a residential use and subject to the same permitting requirements and development standards that apply to a single-family dwelling proposed in the applicable zone, rather than being deemed an agricultural use pursuant to subsection (D) of this section. All Single-Family Farmworker Housing Projects that provide housing for at least five farmworkers shall obtain a License from the Enforcement Agency pursuant to the Act.

(F)    Small Farmworker Housing Projects. A Small Farmworker Housing Project of one to four farmworker dwelling units per parcel, in addition to any primary residence and accessory dwelling unit that may exist on the site, shall be processed as follows:

(1)    Applicability of the Act.

(a)    Small Farmworker Housing Projects proposed to provide housing for at least five individual farmworkers (i.e., one to four dwelling units, with each unit housing at least one farmworker and at least one unit housing more than one farmworker) are considered an EHA project and may be approved pursuant to subsection (D) of this section on a parcel in an agricultural zoning district, subject to all provisions of subsection (D) of this section and the Act, including the requirement to obtain a License.

(b)    Small Farmworker Projects proposed to provide housing for four or fewer individual farmworkers (at least one farmworker per proposed unit, not to exceed four farmworkers total in the project) are not EHA Projects and are not subject to the Act. Such projects may be approved in agricultural zones outside the Coastal Zone with an Administrative Site Development Permit (Level III), and inside the Coastal Zone with a Level V Site Development Permit, pursuant to all requirements of subsection (D) of this section, except for the requirement to obtain or maintain a License. In lieu of a License, such projects shall be subject to annual monitoring by the Planning Department to verify the owner’s compliance with the recorded farmworker housing covenant and project conditions of approval. If, upon monitoring or in response to a complaint, any dwelling unit in such project is determined to be non-compliant with the occupancy requirements set forth in the farmworker housing covenant, after reasonable notice and opportunity to correct the violation as set forth in County Code, the project permit may be revoked and the unit(s) subject to enforcement pursuant to Chapter 19.01 SCCC, possibly including abatement of the structures.

(G)    Affordable Rental Farmworker Housing. This subsection provides a discretionary land use approval process for Affordable Rental Farmworker Housing projects as defined above (AFH Project or ARFH Project) which exceed the maximum size of an EHA Project and are not subject to the requirements of the Act.

(1)    Development Reserve. A Development Reserve for affordable farmworker housing (ARFH Projects) has been established by the County General Plan. This Reserve allows the County to approve development of up to 200 units of affordable farmworker housing within qualifying unincorporated areas of the Pajaro Valley, outside of the Coastal Zone, as a conditional use in CA and A agricultural zones. The units authorized by this Reserve shall be made available on a first-come, first-served basis to qualified affordable housing providers as set forth below.

(2)    Qualified Affordable Housing Developers. In order to apply for a conditional use permit and a development permit pursuant to this section, project applicants shall meet the following criteria:

(a)    Project sponsor (developer) and/or site owner is a 501(c)(3) nonprofit housing development organization and/or public agency;

(b)    Project will be funded in full or part by public subsidies and/or low-income housing tax credits, or is being developed on land provided by the County or other public or non-profit agency for development of affordable rental farmworker housing;

(c)    All rental units in the project, except any property manager’s units, will be subject to an affordability restriction of at least 55 years and a requirement that the units be occupied only by farmworkers and/or farmworker families, as defined above or as may be defined by the project financing source(s). In the case of any conflict, the stricter definition shall prevail.

(3)    Site Location Criteria. Sites proposed for an ARFH Project shall meet the following site location criteria (“qualifying areas”):

(a)    The land is located within the unincorporated areas of the Pajaro Valley within Santa Cruz County (see Figure 13.10.631-1, below), and is in the CA, AP, or A zoning district.

(b)    The development site, defined as the proposed development envelope of the project, not the entire agricultural parcel on which it is proposed, is not within any of the following zones or areas:

(i)    A coastal zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.

(ii)    Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).

(iii)    Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.

(iv)    A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(v)    Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.

(vi)    Within a flood plain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations and Chapter 16.13 SCCC, Floodplain Regulations.

(vii)    Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.

(viii)    Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), or other adopted natural resource protection plan.

(ix)    Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531 et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).

(x)    Lands under conservation easement, unless the easement allows or can be amended to allow farmworker housing; each easement contains its applicable restrictions. For the purposes of this section, “conservation easement” does not include Williamson Act contracts.

(c)    The development shall not be allowed if it would require the demolition of a historic structure that is listed on a national, state, or local historic register.

(d)    The site meets the siting criteria of the proposed financing source(s) for the project, including proximity to community amenities such as schools, shopping, and transit service.

Figure 13.10.631-1

Map of Unincorporated Area of Pajaro Valley within Development Reserve

(See subsection (G)(3)(a) of this section)

A higher resolution map is available upon request from the Planning Department.

(4)    Discretionary Approval. Projects proposed pursuant to this section are not subject to the Act and not required to obtain a License, but are required to obtain a discretionary conditional use permit and a site development permit (Level VII) from the County, with review by the Agricultural Policy Advisory Committee, Planning Commission, and approval by the Board of Supervisors.

(a)    Application Procedures:

(i)    Reservation for Units pursuant to Development Reserve. In order to provide for orderly review and consideration of applications and to avoid duplication of effort for the same remaining unit capacity in the reserve, Project sponsor (developer) shall submit a written request for a reservation of the desired number of ARFH units to the Planning Department (Department) with evidence of sponsor’s qualifications as an Affordable Rental Housing Developer pursuant to this subsection (G) and evidence of property ownership, or if sponsor is not the property owner, evidence of site control such as a ground lease, or a letter of interest from the current owner of the proposed project site, and designation of developer as an agent of the owner. Upon review by the Department to determine that the sponsor is eligible and site is eligible for an ARFH Project pursuant to this subsection, the Department will issue the Sponsor a reservation letter for the requested number of units, or for the number of units remaining in the Development Reserve, whichever is less. This reservation will preclude any other sponsor from reserving these same units for a period of up to nine months, to allow the sponsor adequate time to submit a complete application for the required land use approvals for the proposed project. Once the sponsor’s application has been deemed complete by the Department, the reservation shall be extended by three years, or until any earlier date on which sponsor’s ARFH project has been either approved or denied by the County, including applicable appeal periods. At the end of this reservation period, if the project was not approved, or if a lesser number of units was approved than the number reserved, the reservation for any unused units shall expire and become null and void, and other sponsors may request a reservation for those units. The Department Director shall be authorized to extend the three-year expiration date for good cause.

(ii)    All applications for permit approval of an ARFH project shall include the Department’s reservation letter for at least the number of units proposed in the ARFH Project as evidence that sufficient capacity remains in the Development Reserve for the proposed project, in order to be deemed complete. The ARFH Project application shall otherwise meet all application requirements and follow all required Level VII procedures as set forth in the Zoning Code.

(iii)    Site Plan. Applications for an ARFH Project shall include a site plan to define the proposed Site Area, interior circulation patterns within the ARFH Project’s site area, exterior site access through the remaining portion of the agricultural parcel to the first public road, fire access, infrastructure improvements, common area location and amenities, and location of other existing development on the parcel(s) on which the Project is proposed.

(5)    ARFH Projects are deemed an agricultural land use and are not subject to the residential density limitations of the General Plan or SCCC, including Chapter 13.14 SCCC.

(6)    ARFH Projects are subject to CEQA review and may be considered for any exemptions available in the Public Resources Code that are applicable to the proposed project.

(7)    Water and Sanitation Permits. ARFH Projects not connected to community sewer or water shall obtain required County permits for proposed well water and/or septic systems pursuant to Chapters 7.38, 7.70, 7.71 and 7.73 SCCC as applicable. EHA Projects on well water that meet the definition of a Public Drinking Water System shall comply with State Water Resources Control Board standards.

(8)    Development Standards. ARFH Projects shall comply with the development standards below. For the purpose of this section, “site area” shall be defined as that portion of the property designated on the proposed site plan to be the development envelope for the ARFH Project and to be controlled by the sponsor upon completion of the project, and not the entire agricultural parcel(s) on which the project is proposed to be located. The site area of an ARFH Project shall be at least one acre and not more than five acres, unless an exception to this requirement is granted as part of the development permit for reasons such as unusual topography or the need for a lengthy access road across the parcel. ARFH Projects shall comply with development standards of the CA, AP and A zone districts applicable to agricultural uses as provided in SCCC 13.10.313, as well as the additional standards and criteria provided below.

(a)    Density limitations. ARFH Projects proposed in agricultural zones may be developed at a density of up to 30 units per acre contained within the proposed site area.

(b)    Unit Size. The maximum habitable floor area for a dwelling unit in an ARFH Project shall not exceed the following, measured in square feet (SF), unless the guidelines of a proposed public funding source of the project require a slightly larger unit size, in which case the requirements of that funding source shall prevail:

Unit Size

Maximum Floor Area

Studio or 1 bedroom

640 SF

2 bedrooms

800 SF

3 bedrooms

1,200 SF

4 or more bedrooms

1,400 SF

(c)    Height. Structures shall be limited to a height of 35 feet measured from the preconstruction natural grade and up to three stories, exclusive of subsurface parking. Modifications of these standards may be approved based on unique site and design factors and/or feasibility constraints or requirements associated with the project’s proposed public sector funding sources.

(d)    Parking. ARFH Projects shall comply with the parking standards and exception procedures provided in subsection (D)(2)(e) of this section.

(e)    Siting. ARFH Projects shall be sited on the parcel, to the extent feasible, to avoid placing units or structures on prime agricultural land or other productive soils, and to avoid or minimize exposure of occupants to hazards associated with agricultural operations on the site or adjacent properties. As an agricultural use, ARFH projects are not subject to SCCC 16.50.095, Agricultural buffer setbacks.

(i)    Minimize Disturbance. To the extent feasible, ARFH Projects shall be sited on the least viable portion of the original agricultural parcel or in such a way as to disturb the least amount of productive farmland. Depending on the site, this may be achieved by siting the ARFH Project near existing development on the parcel, using existing site access, and minimizing the use of paving materials or other impervious surfacing to the minimum necessary to accommodate the ARFH Project.

(ii)    Buffers. Residential structures within an ARFH Project shall be sited at least 100 feet from any active agricultural operations on the subject parcel or adjacent parcels, including areas subject to machine cultivation or pesticide application, measured in a straight line from the exterior wall of the residential structure to the nearest cultivated crops or orchards or other areas subject to agricultural operations. If a 100-foot buffer is not feasible in one or more directions, upon a recommendation from the Agricultural Policy Advisory Commission, the approving body may approve a lesser distance provided that fencing, vegetative screening, HVAC systems, noise-mitigating windows, or other buffering techniques are used to mitigate any nuisance or health and safety hazards due to the agricultural operations that might impact the occupants of the ARFH Project. If any State laws, codes or requirements provide an alternate means of protecting the occupants from agricultural hazards likely to be present on the property, or otherwise preempt this requirement, such other requirement shall prevail. Housing structures shall not be located within 75 feet of any livestock barns, pens or similar quarters of livestock or poultry.

(f)    Setbacks from Non-Agricultural Properties. If any portion of the site area of the ARFH Project abuts or is within 30 feet of any property that is zoned for residential or commercial uses, any structures within the ARFH Project shall be set back at least 20 feet from the property line of the adjoining non-agricultural parcel. If the adjoining property includes areas in active agricultural operations, the larger buffer required pursuant to subsection (G)(8)(e) of this section, shall prevail. ARFH Projects shall be designed so to minimize excessive shading of any existing residential or commercial structures on an adjacent property, such as by stepping back upper stories if necessary. Applicant may provide a shading study to illustrate extent of shading caused by the proposed structures.

(g)    Maintain standard riparian setback but eliminate 10-foot additional riparian construction buffer.

(h)    Developments shall encourage energy and water efficiency, and environmentally sensitive design and building materials.

(H)    Streamlined EHA Projects.

(1)    Eligibility for Streamlined Review. Streamlined EHA Projects as defined herein may be approved by the County through a streamlined, ministerial process pursuant to Section 17021.8 of the Act, not subject to a conditional use permit or CEQA review, if the project meets all of the following requirements:

(a)    The proposed project is located on land zoned for primarily agricultural uses (CA or A, with or without P combining zone);

(b)    The property on which the Streamlined EHA Project is located shall be either within one-half mile of a designated collector road with an Average Daily Trips (ADT) of 6,000 or greater; or adjacent to a designated collector road with an ADT of 2,000 or greater. If ADT data for the nearest collector road to the site is not available, applicant may conduct a traffic study to obtain such data and include it with the project application;

(c)    The proposed project site is not located on a site that is any of the following, each as further defined in EHA Section 17021.8:

(i)    Within the Coastal Zone;

(ii)    Wetlands as defined by the US Fish and Wildlife Service;

(iii)    Within a very high or high fire hazard severity zone as defined by the State;

(iv)    A State-designated hazardous waste site, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.

(v)    Within a delineated earthquake fault zone, unless the development complies with applicable State and local seismic protection building code standards;

(vi)    Within a flood plain, unless the development has been issued a flood plain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations and Chapter 16.13 SCCC, Floodplain Regulations;

(vii)    Within a floodway;

(viii)    Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;

(ix)    Lands under conservation easement, not including Williamson Act contracts;

(x)    Lands with groundwater levels within five feet of the soil surface, if the development would be served by an onsite wastewater disposal system serving more than six housing units for families or households.

(d)    The application demonstrates that proposed Streamlined EHA Project meets the following requirements:

(i)    It does not contain dormitory-style housing (group quarters, barracks, etc.).

(ii)    It includes no more than 36 dwelling units, manufactured/mobile homes, or recreational vehicles, or spaces for manufactured/mobile homes or recreational vehicles.

(iii)    It will be managed and operated by a qualified affordable housing organization (QAHO) certified by HCD or a local public housing agency, and that agency either directly maintains and operates the Streamlined EHA Project, or contracts with another QAHO that has been certified by HCD to manage the Project. Applicant shall provide a copy of the QAHO’s HCD certification or documentation of the local public housing agency’s role in the project, as applicable, in the Project’s application for streamlined review.

(iv)    The applicant for a Streamlined EHA Project shall sign and submit with the project application an affordability covenant in a form provided by the County to ensure the affordability of the Streamlined EHA Project for at least 35 years, and agree to its recordation by the County prior to issuance of building permits for the Project. For purposes of this paragraph, “affordability” means the housing within the Streamlined EHA Project will be rented or made available at an affordable rent, as defined in California Health and Safety Code (HSC) Section 50053, to lower-income households, as defined in HSC Section 50079.5 and in SCCC 17.10.020, and that the units will be made available to and occupied by farmworker households, not including H-2A workers, for the duration of the term.

(v)    The project is not being developed to provide housing for H-2A workers, as that term is defined in HSC Section 50205. The applicant shall document compliance with this requirement by providing either a marketing plan showing how the project’s units will be marketed to prospective farmworkers and/or the applicant’s own agricultural employees, or other proof that the units will be occupied by income-eligible farmworker households, not H-2A workers.

(2)    Development Standards for Streamlined EHA Projects.

(a)    Streamlined EHA Projects shall include adequate water supply, wastewater facilities, and dry utilities to serve the project, as follows:

(i)    Dwelling units shall be connected to an existing public water system that has not been identified as failing or being at risk of failing to provide an adequate supply of safe drinking water; and

(ii)    Projects of 10 or more units shall connect units to an existing municipal sewer system with adequate capacity to serve the project, or to an onsite wastewater treatment system approved by the Environmental Health Services Division of the County Health Services Agency.

(b)    The Streamlined EHA Project shall meet the density, parking and other development standards provided in subsection (G)(8) of this section. Streamlined EHA Projects may not include any land division or parcel map to create a new parcel for the Project, however a long-term ground lease of the project site may be recorded. Projects shall not be subject to the 12-unit limit specified in Section 17021.6 of the Act in order to constitute an agricultural land use for purposes of this section.

(c)    If the occupants of the Streamlined EHA Project would potentially be exposed to significant hazards from surrounding properties or activities, such as pesticide or herbicide exposure, the Project shall be designed and/or managed so as to mitigate the effects of the potential exposure to a level of insignificance, in compliance with State and Federal requirements. Such mitigations, which may include buffering techniques described in subsection (G)(8)(e)(ii) of this section, will be required as conditions of site development permit approval.

(3)    Streamlined Review and Approval Procedures.

(a)    The County Planning Department and applicable reviewing agencies (e.g. fire, water, sanitation districts, Environmental Health) shall review an application for a Streamlined EHA Project within 30 days to determine whether it meets the eligibility requirements and standards described above. If the County determines it does not meet any of them, it will provide the applicant with a written list of which requirement(s) the development does not meet, and explanation of why it does not meet them, within 30 days of receipt of the Streamlined EHA Project application. Applicant may submit additional and/or revised materials to address the inadequacies noted in the County’s letter within 90 days of original submittal in order to keep the application active.

(b)    If the County fails to provide the required response letter within 30 days, the development shall be deemed to satisfy the eligibility requirements and standards for a Streamlined EHA Project.

(c)    Applications that have been determined complete and eligible for further review by the Planning Department, and those for which no response letter was provided within the 30-day review period, shall be forwarded to the Planning Commission for a development review and public oversight of the Streamlined EHA Project compliant with Section 17021.8 of the Act. This review process shall be completed within 90 days of the application submittal, and shall not in any way inhibit, chill, or preclude the ministerial use approval provided by this section or its effect, as applicable. This review shall consist of confirmation that the Streamlined EHA Project meets the eligibility criteria and development standards provided herein, and confirmation of the appropriateness of the conditions of approval of a site development permit, consistent with Section 17021.8 of the Act.

(d)    Review and approval of a Streamlined EHA Project is a ministerial action not subject to the California Environmental Quality Act, pursuant to Section 17021.8 of the Act and Public Resources Code Section 21080(b)(1).

(e)    An applicant for a Streamlined EHA Project shall obtain all required ministerial permits for the project as listed in subsection (D)(1) of this section, including but not limited to a License from the Enforcement Agency, prior to commencement of construction.

(f)    Streamlined EHA Projects are subject to the enforcement provisions of subsection (D)(3) of this section, and to the enforcement and violation provisions of the Act.

(g)    Streamlined EHA Projects shall be subject to fees and other exactions authorized by law which may be imposed by the County and/or other reviewing agencies to provide necessary public services and facilities to the Streamlined EHA Project. Such fees and/or exactions shall be included as conditions of project approval, and payment shall be due at time of building permit issuance, or as otherwise specified in the County fee schedule or by the fee-imposing special district or agency.

(h)    Streamlined EHA Projects shall comply with the applicable development standards included in subsection (H)(2)(b) of this section, and conditions of approval of a site development permit consistent with the requirements of Section 17021.8 of the Act.

(i)    The County may only disapprove a Streamlined EHA Project if, as proposed, it would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the Project unaffordable to lower-income households, or rendering it financially infeasible. 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.

(j)    The County may disapprove a Streamlined EHA Project if that project would be in violation of any applicable State or Federal law.

(k)    The applicant for a Streamlined EHA Project shall comply with any other laws, including, but not limited to Federal and California clean water laws. [Ord. 5321 § 2, 2019].

13.10.632 Agricultural processing and storage facilities.

(A)    Food processing facilities, such as cider pressing, jelly and jam making or honey making, shall be allowed in any agricultural zone district and the SU Zone District when:

(1)    The processing facility is incidental to the primary agricultural production use on-site;

(2)    The food processed is limited to that produced on-site;

(3)    Meets all Environmental Health sewage disposal requirements.

(B)    Facilities for processing, packing, drying, storage and refrigeration of agricultural products shall be developed and maintained according to the following standards.

(1)    Mitigations shall be required for any adverse visual impacts of facilities greater than 5,000 square feet which will be visible from designated scenic roads, beaches or recreation facilities. Mitigations may include such measures as vegetative screening or other landscaping, materials which produce less glare, berming, and/or arrangement of structures on the site to minimize bulky appearance. Facilities shall not be located where they would block ocean views from designated public areas.

(2)    Storm water runoff drainage shall be retained on-site in areas of primary groundwater recharge capacity; in other areas, the drainage shall be detained on-site such that the rate of runoff leaving the site after the project is no greater than the rate before the project. Drainage plans may be prepared by the applicant unless engineered plans are required by the building official.

(3)    On-site parking shall be provided commensurate with the need created by the proposed use.

(4)    Site preparation for buildings shall comply with regulations of the County grading ordinance (Chapter 16.20 SCCC).

(5)    Buildings used for labor operations (such as packing sheds or cold storage facilities) shall locate building entrances and window openings away from adjacent commercial agricultural lands unless the use conforms to the 200-foot agricultural buffer setback or the siting of the use is approved by the Agricultural Policy Advisory Commission through agricultural buffer review.

(6)    The facility shall be designed and sized to serve primarily the produce grown on-site.

(7)    To the maximum extent possible any such facility shall be located on the nonproductive portions of the property, or on that portion of the property that is least productive for agricultural purposes. [Ord. 3768 § 1, 1986; Ord. 3432 § 1, 1983].

13.10.633 Agricultural service establishments.

(A)    Agricultural service establishments shall be allowed in the A Zone District according to the following criteria:

(1)    The parcel shall be located on an arterial roadway.

(2)    The parcel shall not be contiguous to or located on the opposite side of a street or road from a property in the R-1 or RA Zone District.

(3)    One or more of the following conditions shall be present on the site:

(a)    The size of the parcel is not greater than two and one-half acres.

(b)    The parcel, or portion of the parcel proposed for the use, shall be separated from surrounding lands by natural or human-made barriers such as streams, major topographical changes, public roadways or development of similar uses.

(c)    Sixty percent or more of the land area of the parcel is utilized as an agricultural service establishment use as of January 1, 1985.

(4)    The proposed use must not create the potential for conflicts with surrounding agricultural lands.

(B)    Agricultural service establishments, where permitted under subsection (A) of this section shall be developed and maintained according to the following standards:

(1)    Mitigations shall be required for any adverse visual impacts of facilities greater than 5,000 square feet which will be visible from designated scenic roads, beaches or recreation facilities. Mitigations may include such measures as vegetative screening or other landscaping, materials which produce less glare, berming, and/or arrangement of structures on the site to minimize bulky appearance. Facilities shall not be located where they would block ocean views from designated public areas.

(2)    Storm water runoff drainage shall be retained on-site in areas of primary groundwater recharge capacity; in other areas, the drainage shall be detained on-site such that the rate of runoff leaving the site after the project is no greater than the rate before the project. Drainage plans may be prepared by the applicant unless engineered plans are required by the building official.

(3)    On-site parking shall be provided commensurate with the need created by the proposed use.

(4)    Site preparation for buildings shall comply with regulations of the County grading ordinance (Chapter 16.20 SCCC).

(5)    The use shall comply with the agricultural buffer setback as specified by SCCC 16.50.095. [Ord. 3787-C § 3, 1986; Ord. 3768 § 2, 1986; Ord. 3432 § 1, 1983].

13.10.634 Agriculture within structures.

(A)    Mushroom Plants. The following regulations shall apply in all cases for the maintenance of mushroom plants:

(1)    All manure of every kind stored or used on the premises shall immediately upon receipt and thereafter be sprayed, as determined to be necessary by the Environmental Health Service, with sufficient disinfectants and chemicals to prevent the accumulation or spreading of flies and offensive odors. [Ord. 3432 § 1, 1983].

13.10.635 Recycled water facilities for the production of recycled municipal wastewater for agricultural irrigation use.

Construction and operation of recycled water facilities providing tertiary-level treatment on land zoned CA, A or AP shall be allowed, subject to the following regulations:

(A)    Such facilities shall be located adjacent to or in the immediate proximity of an existing publicly owned and operated municipal wastewater treatment plant.

(B)    Such facilities shall be intended and used for the sole purpose of producing recycled municipal wastewater to be used for agricultural irrigation.

(C)    Conflicts with adjacent commercial agricultural activities resulting from either construction or operation of the wastewater recycling facility use shall be avoided, among other ways, by staging construction activities and establishing traffic routes in a manner that does not interfere with adjacent agricultural activities.

(D)    The facility shall minimize reduction of acreage of agricultural lands and shall prevent a reduction in land available for agricultural production by offsetting the loss of agricultural land associated with facility construction. Mitigation measures that may be used to offset the loss of agricultural land resulting from project construction include, but are not limited to:

(1)    Enabling fallow agricultural land to be put back into production;

(2)    Protecting or restoring agricultural operations on lands where nonagricultural development has been permitted, among other ways by acquiring the land or obtaining an affirmative agricultural easement;

(3)    Improving the productivity of degraded or marginal agricultural land by transporting the topsoil from the development site to such land; and

(4)    Any combination of the above, or similar measures.

The mitigation measures used to offset the loss of agricultural land associated with facility construction shall enhance agricultural productivity within the project service area to an extent that is equal or better than the productivity of the agricultural land lost from project construction, and shall be implemented in a manner that is consistent with the coastal resource protection provisions of the General Plan/LCP, such as those protecting environmentally sensitive habitat areas, riparian corridors, wetlands, and coastal water quality. [Ord. 4821 § 3, 2006].

13.10.636 Greenhouses.

(A)    New Greenhouse Development. New greenhouses over 500 square feet in area, where allowed pursuant to a use permit in the basic zone district, shall be developed and maintained to the following standards:

(1)    Mitigations shall be required for any adverse visual impacts of greenhouses which will be visible from designated scenic roads, beaches or recreation facilities. Mitigations may include such measures as vegetative screening or other landscaping, materials which produce less glare, berming, and/or arrangement of structures on the site to minimize bulky appearance. Greenhouses shall not be located where they would block public ocean views. Mitigations shall be compatible with light and ventilation needs of the greenhouse operations.

(2)    Storm water runoff drainage shall be retained on-site in areas of primary groundwater recharge capacity; in other areas, the drainage shall be detained on-site such that the rate of runoff leaving the site after the project is no greater than the rate before the project. Drainage plans may be prepared by the applicant unless engineered plans are required by the building official.

(3)    Discarded greenhouse coverings shall be disposed of promptly according to plans submitted by the applicant.

(4)    On-site parking shall be provided commensurate with the need created by the proposed use.

(5)    The removal of indigenous prime farmland soil used as a growing medium for container plants which are sold intact shall not be allowed.

(6)    Flooring or impervious surfacing within the greenhouse structure which impairs long-term soil capabilities shall be limited to the minimum area needed for access, loading and storage. The use of long-term sterilants under impervious surfacing shall not be allowed.

(7)    Greenhouse structures shall be designed to maximize energy efficiency and to use alternative energy sources, where feasible.

(8)    Open ventilation shall be provided, when feasible. When exhaust fans are shown to be necessary, the fans should be located away from nonagricultural land uses and should maximize energy efficiency.

(9)    Irrigation systems shall be water conserving.

(B)    Conforming Greenhouse Replacement. The following conditions must be met in order for an existing conforming greenhouse to be reconstructed, replaced or structurally altered without prior approval of a use permit:

(1)    The new or altered greenhouse must conform to the existing setbacks and height limits of the zone district.

(2)    The project must be accompanied by plans, which may be prepared by the applicant, for drainage, screening of outdoor storage and adequate on-site parking relative to the proposed use.

(3)    Discarded greenhouse coverings must be disposed of promptly according to plans submitted by the applicant.

(C)    Nonconforming Greenhouse Replacement. The replacement, reconstruction or structural alteration of a nonconforming greenhouse of any size in any zone district shall be allowed without the requirement of a use permit; provided, that the replacement, reconstruction or structural alteration meets the following conditions:

(1)    The new or altered greenhouse shall cover an area no larger than that of the original greenhouse.

(2)    The new or altered greenhouse shall be no higher than 22 feet and in no case obstruct the existing solar access for habitable structures or agricultural uses on adjoining properties.

(3)    The project shall be accompanied by plans, which may be prepared by the applicant, for drainage, for screening of any outdoor storage, and for adequate on-site parking relative to the proposed use.

(4)    Discarded greenhouse coverings shall be disposed of promptly according to plans submitted by the applicant. [Ord. 3432 § 1, 1983].

13.10.637 Wineries.

(A)    All Wineries. The following regulations apply to all winery uses requiring a Level III, V, or VI use approval in all residential and in all agricultural zone districts:

OPERATION:

(1)    Production/Storage Limits. The application for a use approval shall include an estimate of the winery production and storage capacity, given in terms of number of gallons produced or made annually. For Level III approvals: the annual production capacity shall not exceed that denoted on the use chart for the Level III approval; and storage of wine shall be limited to wine made (as defined by the Bureau of Alcohol, Tobacco and Firearms) on the premises. These limits may be exceeded, however, by obtaining a Level V approval. For Level V or VI approvals: production and storage limits shall be set by condition on the use approval based on the individual merits of the location and surroundings of the proposed winery.

(2)    Tasting and On-Site Sales. The application for a use approval shall include information describing on-site sales and/or tasting being proposed. All Environmental Health requirements shall be met for any food or beverage service. For Level III approvals: no public wine tasting shall be allowed; private tasting shall be by appointment only; in RR, RA and A Zone Districts, private tasting shall be limited to 12 persons maximum at any one time; and sale of wine shall be limited to wine made and bottled (as defined by the Bureau of Alcohol, Tobacco, and Firearms) on the premises and shall be by appointment only. These limits may be exceeded by obtaining a Level V approval. For Level V or VI approvals: these limits shall be set by condition on the use approval based on the individual merits of the location and surroundings of the proposed winery.

(3)    Liquid Waste Disposal. All requirements of the County Health Department shall be met.

DEVELOPMENT:

(4)    Environmental Protection. All new development shall comply with the provisions of all County environmental protection ordinances, including the erosion control ordinance (Chapter 16.22 SCCC).

(5)    Signs. The application for a use approval shall include a sign plan for review and approval. For Level III approvals: signs shall be limited to one nonilluminated nameplate not larger than one square foot. This limit may be exceeded by obtaining a Level V approval. For Level V or VI approvals: signs shall be limited to one nonilluminated sign not larger than 12 square feet.

(6)    Outside Lighting. The application for a use approval shall include plans for all outdoor lighting for review and approval. All outdoor lighting shall have the illumination directed downward or be shielded so that glare is not produced onto adjacent properties.

(7)    Water Conservation. Water saving devices shall be incorporated into the winery design, and shall be indicated on building and landscaping plans for staff review and approval.

(8)    Parking. The application for a use approval shall include a parking plan and documentation of parking needs for review and approval. The plan shall provide adequate off-street parking for all winery employees and visitors, and for loading and unloading of grapes and wine.

SERVICES:

(9)    Access. Access shall meet County road standards, including adequacy for the proposed use, including delivery vehicles, for emergency vehicles, and, where appropriate, for serving two or more parcels.

(10)    Fire Protection. All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate water availability and other conditions for fire protection. No winery shall be established beyond a 20-minute fire response time from the nearest responsible fire station in rural areas.

(11)    Water. A letter from the water district serving the area shall be submitted with the application stating that adequate capacity is available to serve the use; or water source standards of the Environmental Health Department shall be met.

(12)    Sewer/Septic. A letter from the sewer district serving the parcel shall be submitted with the application stating that adequate capacity is available to serve the use; or septic standards of the Environmental Health Department shall be met.

(B)    Wineries in the RA, RR, and A Districts. In addition to the regulations in subsection (A) of this section, the following regulations apply to all wineries in the RR, RA, and A Zone Districts approved at Levels III, V, or VI:

DESIGN:

(1)    Building Design. For Level III approvals: the proposed building shall have sufficient architectural design to be compatible with the architectural character and scale of the surrounding neighborhood. For Level V or VI approvals: proposed buildings which are visible from off the parcel shall have sufficient architectural design to be compatible with the architectural character and scale of the surrounding neighborhood.

(2)    Setbacks. For Level III approvals: the winery structure and all winery operations shall be located at least 200 feet from the nearest off-site residence or potential building site, unless a use approval at Level V is obtained. For Level V or VI approvals: the winery structure and all winery operations shall be set back from the property line the minimum distance required by the zone district and may be required as a condition of the use approval to set back a specified distance from the nearest off-site residence, depending on the individual circumstances of the application.

(3)    Landscaping. For Level III approvals: the winery building shall be landscaped or located in the natural setting to soften the geometric form and to blend it with the rural character of the surrounding area. Parking lots, outdoor work and storage areas shall be screened from view from adjacent properties and roadways by vegetative plantings or other natural features and screening. Plantings shall be completed before final building inspection is approved. For Level III, V, or VI approvals: a landscaping plan shall be submitted with the application for review and approval, showing existing and proposed trees, shrubs and groundcover species, size and placement.

OPERATION:

(4)    Outside Operations. The application for a use approval shall include information to describe the nature of outside operations. For Level III approvals: all outside operations shall be screened from view of adjacent residences and roads; and outside operating hours of the winery shall be limited to 7:00 a.m. to 7:00 p.m., except during harvest season. These limits may be exceeded by obtaining a Level V approval. For Level V or VI approvals: limits shall be set by condition on the use approval based on the individual merits of the location and surroundings of the proposed winery.

(5)    Noise Control. The application for a use approval shall include information regarding the anticipated noise levels of the winery operation. For Level III approvals: the following sound schedule limitations shall apply:

(a)    A maximum noise standard of 85 dba for a cumulative period of 15 minutes in any hour;

(b)    A maximum noise standard of 90 dba for a cumulative period of five minutes in any hour;

(c)    A maximum noise level of 100 dba.

These values shall apply during the day period and shall be reduced by 10 dba for the night period (10:00 p.m. to 7:00 a.m.). These values may be exceeded by the obtaining of a Level V approval. For Level V or VI approvals: these limits shall apply unless different limits are set by condition on the use approval based on the individual merits of the location and surroundings of the proposed winery.

(6)    Grape Residue Disposal. Grape residue shall be disposed of in a manner consistent with the fly and vector control requirements of Environmental Health.

(7)    Operating Hours. The application for a use approval shall include information regarding the proposed operating hours of the winery. The operating hours of the winery shall be established and approved as a condition of the use approval, recognizing the unique requirements of winery operations during harvest season.

(C)    Wineries in the CA and AP Districts. In addition to the regulations in subsection (A) of this section, the following regulations apply to all wineries in the CA and AP zone districts approved at Levels III, V, or VI:

PROTECTION OF AGRICULTURAL LANDS:

(1)    Maximum Lot Coverage. The winery structure, and associated storage and parking facilities, shall be sited so as to remove no land from production (or potential production) if any nonfarmable potential building site is available, or, if this is not possible, to remove as little land as possible from production. The maximum area of farmable agricultural land coverage by all structures and impervious surfaces for the winery operations shall not exceed five percent of the parcel size. This limit may be extended to 10 percent by the obtaining of a Level V or VI approval. [Ord. 3632 § 17, 1985].

13.10.638 Agricultural custom work occupations.

(A)    Purposes. The purpose of regulations for agricultural custom work occupations are:

(1)    To allow persons to conduct agricultural support activities on a property with a primary use of agricultural production.

(2)    To protect nearby agricultural and residential properties from the potential adverse effects of the allowed activity by not allowing agricultural custom work occupations that would create excessive traffic, public expense or nuisances to nearby properties.

(B)    Restrictions on Agricultural Custom Work Occupations.

(1)    The occupation shall be carried on outside or in a structure allowed in the zone district where the site is located.

(2)    Signing, advertising or identifying the occupation shall be limited to one unlighted sign not exceeding five square feet.

(3)    The occupation shall be carried out by a maximum of two employees unless a Level IV use approval is obtained. Not more than five employees may be employed by the occupation on-site under Level IV use approval.

(4)    The occupation shall not involve the use of a building or portion of a building greater than 1,000 square feet unless a Level IV use approval is obtained. A building or portion of a building of a maximum size of 2,000 square feet is allowed under Level IV use approval.

(5)    Occupations involving on-site business with customers shall require Level IV use approval.

(6)    Siting of an occupation within 200 feet of any residential use on another parcel shall require a Level IV use approval. [Ord. 3768 § 3, 1986].

13.10.639 Sanitary landfill as interim use.

A publicly owned and operated sanitary landfill either by contract or by public forces, as an interim use, on land zoned for agriculture shall be subject to the following regulations:

(A)    Land taken out of agricultural production shall, upon cessation of landfill activities, be rehabilitated and made available for subsequent agricultural uses. Rehabilitation actions shall include, but not be limited to, stockpiling of existing topsoils for replacement to the area taken out of production as a topsoil layer over the final cover of the landfill. Where stockpiling is not feasible, topsoil may be imported or produced, for example, through the use of compost made from plant waste entering the landfill; provided, that in any case if the land is Type 3 commercial agricultural land, the finished topsoil layer shall have physical-chemical parameters which give the soil a capability rating (as defined by the Santa Cruz County Local Coastal Program Land Use Plan) of prime agricultural land.

(B)    Existing water quality and quantity available to agricultural land used on an interim basis for a sanitary landfill and to other agricultural land in the vicinity of the landfill shall not be diminished by the landfill use, either during its operation or after closure.

(C)    No conflicts with adjacent commercial agricultural activities shall result from the landfill use, either during its operation or after closure.

(D)    The maximum amount of agricultural land shall be maintained in production through the following measures, as feasible:

(1)    Phasing the nonagricultural use.

(2)    Utilizing any nonagricultural areas available first.

(3)    Utilizing lower quality soils (e.g., Class III) instead of or before higher quality soils (e.g., Class I or II).

(4)    Employing means of reducing the area necessary for the interim public use, such as resource recovery.

(5)    Rehabilitating other areas, such as former landfill sites, for agricultural use.

(E)    The above provisions shall also apply to permitted septic sludge disposal sites within the Coastal Zone. [Ord. 3894 §§ 1, 2, 1988; Ord. 3845 § 2, 1987; Ord. 3646 § 3, 1985].

Article IV. Animal Regulations

13.10.641 Animal enclosures—Stables and paddocks.

(A)    Regulations for Private Stables. The following regulations shall apply in all cases for the maintenance of a private stable:

(1)    The minimum lot area upon which a horse may be kept is one gross acre and two horses may be kept on such area. An additional horse may be kept for each 20,000 gross square feet by which the parcel of land exceeds one acre.

(2)    Except in the RA District, stables shall be located midway between the side lot lines and in no case closer than 20 feet from the side lines, and not closer than 50 feet to the front lot line, unless a Level V use approval is obtained.

(3)    Paddocks shall be located on the rear half of the lot and not closer than 20 feet to any property lines, nor closer than 40 feet to any dwelling on the same or adjacent property, unless a Level V use approval is obtained.

(4)    The provisions of SCCC 16.22.060, pertaining to erosion control, shall apply.

(B)    Regulations for Commercial Boarding.

(1)    Where horses, ponies, burros or other animals are boarded at a density greater than two per acre, a Level V use approval shall be required.

(2)    The use of stables, paddocks, or corrals must be accompanied by an erosion control plan prepared pursuant to SCCC 16.22.060. [Ord. 4836 § 103, 2006; Ord. 3432 § 1, 1983].

13.10.642 Animal hospitals and kennels.

The following regulations shall apply in all cases for the maintenance of kennels, small animal hospitals, veterinarians’ offices, animal shelters and pounds:

(A)    The premises where kennels or small animal hospitals are maintained shall be entirely enclosed by a closed nontransparent fence of a minimum of six feet in height.

(B)    The actual enclosure in which animals are treated or maintained shall be at least 75 feet from any residence.

(C)    The premises shall be kept in a neat and sanitary manner by the daily removal of excrement and the use of sprays and disinfectants, as determined to be necessary by the Environmental Health Service, to prevent an accumulation of flies, the spread of diseases, offensive odor, or excessive dust.

(D)    In the C-4 District with a Level IV approval, this use may include the incidental care of animals such as bathing and trimming and shall be operated entirely within a completely enclosed building which is sound-proofed to standards approved by the County Building Official; in the C-4 District with a Level V approval, animals may be allowed in outdoor exercise yards, but only between the hours of 7:00 a.m. and 7:00 p.m. [Ord. 4496-C § 54, 1998; Ord. 3432 § 1, 1983].

13.10.643 Animal keeping in the Residential-Agricultural Zone District.

(A)    The following minimum acreage standards are required when keeping animals in the Residential-Agricultural Zone District:

(1)    On a minimum site of one acre, not more than two per acre of horses, cows, or hogs, or a combination thereof; or

(2)    On a minimum site of one-half acre, not more than four per acre of sheep, goats, or a combination thereof; or 100 per acre of fowl, rabbits, or similar small animals except mink; beehives;

(3)    On a minimum site of 10 acres, the number of animals permitted is not limited, except that no more than six brood sows may be kept on any site.

(B)    The provisions of SCCC 16.22.060, pertaining to erosion control, shall apply.

(C)    For purposes of interpretation, a cow, llama, pig, or other large animal may equal a horse. [Ord. 3432 § 1, 1983].

13.10.644 Animal raising—Family.

The following regulations shall apply in all cases where family animal raising (as defined in SCCC 13.10.700-A) is allowed:

(A)    Family animal raising shall be conducted in a manner that prevents the accumulation of excrement or spread of disease, flies, dust and erosion or offensive odors.

(B)    Animals, poultry, and other fowl shall be enclosed, and the enclosures shall be set back at least 20 feet from any property line and 40 feet from any dwelling on parcels of 15,000 square feet or more. For parcels of less than 15,000 square feet, the required setbacks shall be 10 percent of the lot width or five feet, whichever is greater, from any property line, and 25 feet from any dwelling. Enclosures shall be located on the rear one-third of the lot, or on other portions of the lot if a use permit is obtained.

(C)    The minimum parcel size for family animal raising is 6,000 square feet.

(D)    The provisions of SCCC 16.22.060, pertaining to erosion control, shall apply.

(E)    In R-1 and RR districts, a cow, llama, pig, or other large animal may equal a horse. [Ord. 3432 § 1, 1983].

13.10.645 Animal raising—Poultry, bird, rabbit or fur-bearing.

The following regulations shall apply in all cases where poultry, birds, rabbits, or fur-bearing animals in any number and for any purpose are raised, kept or maintained:

(A)    All dead animals or birds and excrement should be removed and disposed of, and sprays and disinfectants shall be used, as determined to be necessary by the Environmental Health Service, so as to prevent the accumulation or spread of disease, flies, or offensive odors. The provisions of SCCC 16.22.060, pertaining to erosion control, shall apply. [Ord. 3432 § 1, 1983].

13.10.646 Animal raising—Turkeys.

The following regulations shall apply in all cases for the raising, maintenance or fattening of turkeys:

(A)    All dead animals and excrement shall be disposed of, and chemicals and sprays shall be used, as determined to be necessary by the Environmental Health Service, to prevent the accumulation or spreading of flies, disease, or offensive odors, and where in excess of 50 birds are maintained in one flock within a distance of one-fourth of a mile from any residence, ground sprays or groundcover shall be used to prevent the accumulation and spread of dust. The provisions of SCCC 16.22.060, pertaining to erosion control, shall apply. [Ord. 3432 § 1, 1983].

13.10.647 Biomedical livestock operations.

(A)    Purpose. It is the purpose of this section to provide for and regulate biomedical livestock operations, as defined in SCCC 13.10.700-L, which may be established in zone districts where it is an allowed use on the relevant uses chart. It is a further purpose of this section to define and regulate a new and evolving land use type while protecting the public health, safety and welfare; to provide notice to adjacent land owners; to implement the policies of the Santa Cruz County General Plan and Local Coastal Program; and to preserve and protect agricultural land in the County.

(B)    Only Livestock Permitted on Agricultural Land. On agriculturally zoned land, the animals used in the biomedical livestock operation shall be limited to livestock as defined in SCCC 13.10.700-L.

(C)    Application Requirements. Approval of all biomedical livestock operations shall be processed in accordance with the provisions in Chapter 18.10 SCCC, and shall require a public hearing and action by the Zoning Administrator (Level V). Barns, storage, equipment, and other buildings, associated paving, fences, and water pollution control facilities which are part of the biomedical livestock operations are not excluded from coastal permit requirements provided in SCCC 13.20.073. The applicant for a biomedical livestock operation shall submit to the County Planning Department a master plan of the proposed facility. The master plan shall be considered part of the permit for the use and shall include the following documentation:

(1)    The documentation prescribed in SCCC 18.10.210(B). The Planning Director may, however, waive some of the prescribed requirements of SCCC 18.10.210(A)(8), (9), and (11), upon a determination that specific items are not relevant due to project characteristics.

(2)    A site plan for all property and parcels on which the biomedical livestock operation is proposed to be located, which includes: the location and a description of the current and proposed structures and their uses, including any structures to be demolished; delineation of property lines, adjacent streets, and existing and proposed on-site access roads; a description of the parcel(s) and contiguous parcels’ current and historic land uses, including areas used for manure management; delineation of sensitive habitats as defined in SCCC 16.32.040; and information regarding potential environmental impacts. Proposed structures shall meet the following requirements:

(a)    Structures shall be clustered in groups and sited so as to remove no land from agricultural production or potential agricultural production, or, if this is not feasible, to remove as little land as possible from agricultural production to the extent there is a demonstrated need consistent with all other constraints contained in this title. Structures for housing livestock shall be open to permit free air flow through the structure.

(b)    On agriculturally designated land, the maximum land coverage by all structures and impervious surfaces that are part of the biomedical livestock operation shall not exceed one percent of the total gross parcel size(s). This limit may be extended to five percent on parcels less than 20 acres, with a Level VI approval. Residential structures pursuant to SCCC 13.10.314(B), driveways and accessory uses; structures associated with other principally allowed agricultural uses; access roads utilized for other parcels and/or uses; driveways not covered with impervious surfacing (as defined in Chapter 16.32 SCCC) shall not count towards the one percent coverage maximum. Structures associated with other conditional agricultural uses shall either be counted towards the one percent coverage maximum, or the portion of the parcel devoted to the other conditional agricultural uses shall be deducted from the gross parcel size before applying the percentage limitation to determine the maximum coverage for structures and impervious surfaces.

(c)    Flooring and impervious surfaces, within or surrounding barns or other structures to house livestock, which would impair long-term soil capabilities, shall be limited to the minimum area needed for pens, roadways, loading and storage.

(3)    A description of the species and the maximum number of animals of each species proposed for the biomedical livestock operation, the amount of land to be occupied by animals, and the location of all existing and proposed fencing, including but not limited to perimeter, pasture and pens. This description shall be supported by a report from a certified range manager as to a recommended number of animals that the site can support, consistent with the requirements of subsection (E)(2) of this section.

(4)    A manure management and erosion control plan prepared pursuant to SCCC 16.22.060, that:

(a)    Precludes any impairment of long-term soil capabilities for growing plants or forage;

(b)    Precludes any impairment of surface and groundwater quality or quantity;

(c)    Includes provisions for fly control, as required by Chapter 7.36 SCCC;

(d)    Includes provisions for the control of objectionable odors; and

(e)    Locates manure management operations either: within the project’s allowable impervious surface area; or on other lands not suitable for cultivation or used for forage, unless for soil or plant enrichment purposes within or by the next growing season.

(5)    A plan for disposal of laboratory animals which are euthanized or otherwise culled from the animals continuing to be used for the biomedical livestock operation’s program. Any incineration or disposal shall comply with all requirements of State and Federal law.

(6)    Documentary proof that all required permits, licenses, registrations, approvals, and similar requirements of local, State and Federal regulatory agencies have been obtained including, without limitation, those of the Regional Water Quality Control Board, Monterey Bay Air Pollution Control District, U.S. Department of Agriculture, California Department of Food and Agriculture, U.S. Food and Drug Administration, and Centers for Disease Control and the National Institutes of Health. The County Planning Department shall be notified within 60 days of any change in the status of such permits, licenses, approvals and registrations.

(7)    A written description of the proposed research, testing, experimentation and/or biomedical (or pharmaceutical) product manufacturing program that will utilize the livestock. If the proposed use includes injections or introduction into and/or extractions from livestock (collectively, “injections”), the description shall include identification of the substances involved in the injections.

(D)    Required Findings. Prior to issuance of a development permit for a biomedical livestock operation, the general findings for development permits set forth in SCCC 18.10.230(A) and coastal permit findings of SCCC 13.20.110, if applicable, shall be made. The following additional findings shall also be made:

(1)    On agriculturally designated land, no biomedical laboratory, as defined in SCCC 13.10.700-L, will be located on the site.

(2)    The biomedical livestock operation complies with the requirements of Chapters 7.22, 7.30 and 7.100 SCCC, and any other applicable Federal, State and/or local law, regulation or standard, including the County animal control ordinance, regarding medical or biohazardous waste, recombinant DNA technology, hazardous substances, and care and treatment of animals.

(3)    The biomedical livestock operation complies with all provisions of the General Plan and Local Coastal Program Land Use Plan and the County Code regarding uses on agricultural land and complies with the provisions of Chapter 16.30 SCCC, Riparian Corridor and Wetlands Protection, and Chapter 16.32 SCCC, Sensitive Habitat Protection. The land area devoted to the biomedical livestock operation shown on the required site plan complies with all plan and code siting requirements, is commensurate with the needs of the biomedical livestock operation, and is configured in a manner to avoid conflicts, and to be compatible with any other existing or potential agricultural uses on the subject parcel.

(4)    Livestock will be securely confined to the site. The use minimizes fencing or other structures, equipment or devices which restrict the natural movement of wildlife in their existing habitat and corridors, based on the latest habitat and biodiversity information available. All fencing complies with SCCC 13.10.525 unless an approval is granted to exceed the six-foot maximum height limit pursuant to SCCC 13.10.525(C)(2).

(5)    On agriculturally zoned land, any research, testing, experimentation or product manufacturing at the biomedical livestock operation shall be limited to the injection, or introduction, of those reagents which are inert, nonviable, noninfectious and nonhazardous and shall specifically exclude any live microorganisms, live viruses (whether wild-type or attenuated), live bacteria, live fungus, live mycoplasma, or live parasites; or recombinant polynucleotides (such as DNA or RNA, expression vectors, knockout vectors or gene therapy vectors); or radioactive compounds or isotopes. This requirement shall not be construed to prohibit any standard and well-established practice of veterinary medicine.

(6)    The proposed operation is soil-dependent (e.g., involves grazing, based on the number of animals which could be feasibly and economically grazed on the site assuming a minimum 40 percent of feed will be from grazing on-site) and will not generate excessive manure that would adversely affect soil productivity or water quality.

(E)    Additional Review. Prior to any action by the Zoning Administrator, the following additional review shall take place:

(1)    The adoption or amendment of a master plan for a biomedical livestock operation is a “project,” within the meaning of CEQA and the County environmental review guidelines, and is subject to environmental review.

(2)    The master plan shall be reviewed by the Agricultural Policy Advisory Commission (APAC), including consultation with the Agricultural Commissioner, the United States Department of Agriculture Natural Resources Conservation Service, and the University of California Extension Service, as applicable, for a recommendation to the Zoning Administrator on the following:

(a)    The size (including square footage) and location of support structures; and

(b)    Appropriate animal density for the site in question.

With respect to the foregoing, APAC shall make its recommendation based on (i) determination of whether the proposed operation is soil-dependent (e.g., involves grazing), and (ii) the number of animals which could be feasibly and economically grazed on the site assuming a minimum 40 percent of feed from grazing on-site.

(3)    The application shall be referred to the County Public Health Officer who shall review the application and the written description of the proposed research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program. Review by the County Public Health Officer shall include the following:

(a)    A written summary report of the proposed program, which shall be made available to the public and to the Zoning Administrator prior to any public hearing, including recommendations to the Zoning Administrator as to whether to approve, conditionally approve or deny the application. The Public Health Officer shall base the summary report and recommendations on all information available to him/her. In investigating and preparing his/her report and recommendation the Public Health Officer may consult with and obtain information from experts in the biomedical research field, with fees and costs for such consultations and information to be paid for by the applicant. Any interested person may also submit written comments on the proposed program to the Zoning Administrator at or prior to the Level V hearing.

(b)    A recommendation as to permit conditions for the biotechnology livestock operation that are necessary to ensure that the public health, safety, and welfare are protected at all times.

(4)    If the Public Health Officer determines that the proposed biomedical livestock operation presents a human health hazard, the Zoning Administrator shall not approve or conditionally approve the biotechnology livestock operation. If the recommendation is to approve or conditionally approve the biomedical livestock operation, the Zoning Administrator shall proceed to make a final decision on the application in accordance with all applicable criteria. In any case, the recommendations of the Public Health Officer shall be incorporated into the conditions, findings and decision of the Zoning Administrator.

(5)    If the Planning Commission or Board of Supervisors acts to approve the proposed biomedical livestock operation despite an unfavorable recommendation by the Public Health Officer to the Zoning Administrator, the Officer shall be further consulted as to appropriate conditions to place on the operation.

(F)    Amendments to Approved Master Plan. Any changes to the approved master plan, including any material changes to the approved research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program that will utilize the livestock, shall require an amendment to the master plan or development permit in accordance with the procedures for obtaining a major amendment set forth in SCCC 18.10.134. A material change to the approved research, testing, experimentation or product manufacturing program shall include any change that could have an effect on public health, safety, welfare or the environment. Any request for an amendment to the master plan or development permit shall be summarized and reviewed by the County Public Health Officer, using the same procedure as required for an initial application. No material change in the program shall occur until after the proposed change receives final approval following a Level V review. A change from injections involving nonhazardous substances such as reagents which are inert, nonviable, and noninfectious to injections involving any potentially hazardous agents such as live microorganisms, live viruses (whether wild-type or attenuated), live fungi, live parasites, live mycoplasma, live bacteria; or recombinant polynucleotides (such as DNA or RNA, expression vectors, knock-out vectors or gene therapy vectors); and/or radioactive compounds or isotopes shall be prohibited.

(G)    Permit Expiration and Renewal. A biomedical livestock operation shall be subject to the following review following approval of a development permit:

(1)    Any development permit approved for a biomedical livestock use shall be valid for five years or a lesser time as established by the Zoning Administrator. The permit holder shall be required to submit an application for renewal prior to the expiration of the development permit. The permit shall also be conditioned to require the permit holder to submit a closure plan prior to terminating a biomedical livestock operation or prior to permit expiration if a renewal application is not sought or is denied. The closure plan shall provide for the removal of any facilities inappropriate for future nonbiomedical agricultural use of the site. Continued operation of the biomedical livestock use shall be subject to permit renewal processed as an administrative approval according to the procedures set forth in Chapter 18.10 SCCC, except that if a coastal development permit is involved, then the processing requirements of Chapter 13.20 SCCC shall apply. A request to renew a biomedical livestock use coastal development permit shall not be considered a minor development as defined in Chapter 13.20 SCCC or a permit extension. Under no circumstances, whether through conditions beyond the control of the permittee, lack of actual notice of expiration, reliance on an error of public officials, or for any other reason shall the expiration date of a permit be automatically extended except as may be provided by relevant provisions of State law, or give rise to an estoppel against the County. Requests for renewal of a development permit for a biomedical livestock use shall be evaluated based on compliance with original permit conditions and inspection by the County Planning Department; inspection of the site by the County Health Officer for compliance with Chapters 7.22, 7.30, and 7.100 SCCC and the research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program; review by the County Planning Department of all applicable Federal, State and/or local laws and the applicant’s compliance with them as documented by the respective agencies, and a review of all applicable County ordinances and policies.

(2)    The Public Health Officer, the Director of Animal Control and/or Planning staff shall have the right to make random, unannounced inspections and/or investigations of any biomedical livestock operation, including access to all databases containing information on the livestock which is part of the biomedical livestock operation, as necessary to determine compliance with the research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program and/or Chapters 7.22, 7.30, and 7.100 SCCC.

(H)    Violations of Conditions of Development Permit. It shall be unlawful for any person to exercise any development permit which authorizes a biomedical livestock operation without complying with all of the conditions of such permit. Any violation of permit requirements shall be subject to enforcement action as set forth in Chapter 19.01 SCCC.

(I)    Review of Title. Upon the earlier of the filing with the County of (1) a total of five applications (including applications to amend master plans and/or development permits to encompass additional land under an existing master plan and/or development permit; but, excluding applications solely for renewal under subsection (G) of this section), or (2) applications totaling five parcels of land, this title shall be reviewed by the Planning Commission, and public hearing(s) conducted before it, regarding the impact (including potential impact) of biomedical livestock operations on agriculturally zoned land. The Planning Commission, following public hearing(s), shall make recommendations to the Board of Supervisors regarding any amendments to this title, the County Code and the General Plan that the Planning Commission believes is in the best interest of the County in order to maintain and protect prime agricultural cropland and rangeland in the County. The Board of Supervisors shall hold public hearing(s) and act on the Planning Commission’s recommendations. [Ord. 5182 § 8, 2014; Ord. 4474-C § 3, 1998].

Article V. Commercial Uses

13.10.650 Non-retail commercial cannabis uses.

All non-retail commercial cannabis uses, including commercial cannabis cultivation, manufacturing, and distribution, shall be subject to the following limitations:

(A)    License. Non-retail commercial cannabis uses shall not be permitted on any parcel within the County without (1) a currently valid local license required by Chapter 7.128 SCCC; and (2) a currently valid State license required under California law. Except as expressly defined in this section, the definitions in SCCC 7.128.030 shall apply to the terms used herein.

(B)    General.

(1)    Procedures. Non-retail commercial cannabis uses and development shall be subject to the procedures applicable under Chapter 18.10 SCCC at the approval level established in the appropriate use chart for the zoning district. For purposes of determining the approval level applicable to cannabis uses and development, the square footage of a structure, greenhouse, hoop house or growing area shall be cumulative as to the parcel, cultivation site or facility, as applicable.

(2)    Development. Inside the Coastal Zone, and within one mile beyond the Coastal Zone, no new non-retail commercial cannabis structures may be permitted. Except for legal structures existing on the effective date of this section, use of any structure for non-retail commercial cannabis use shall be considered new development. All non-retail commercial cannabis uses and development, including structures, greenhouses, hoop houses, and related parking lots and access roads, proposed for non-retail commercial cannabis uses in zoning districts in which such uses may be approved shall be consistent with the General Plan and shall require all other applicable approvals (including but not limited to grading and building permits and coastal development permits for development as defined in Chapter 13.20 SCCC) and shall be subject to all other applicable requirements of this code and other applicable laws and regulations. Cannabis may not be cultivated or manufactured within a residence and may not be stored for distribution within a residence.

(3)    Best Management and Operational Practices Plan. No use or development permit for non-retail commercial cannabis business activities may be issued before the applicant has submitted, and the Cannabis Licensing Official has approved, a completed Best Management and Operational Practices (“BMOP”) Plan on the form(s) created by the Cannabis Licensing Official for that purpose. The purpose of the BMOP Plan is to ensure that all cannabis business activities conserve natural resources and have as minimal an impact as possible on the surrounding environment. The BMOP Plan shall address siting criteria, site design, construction requirements, operational requirements, and additional miscellaneous issues in order to meet this purpose.

(4)    Environmental Protection. All non-retail commercial cannabis use shall comply with the provisions of all applicable environmental laws and regulations, including County environmental resource protection ordinances (SCCC Title 16) and all applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code (the California Environmental Quality Act, and State CEQA Guidelines, process). No exceptions to riparian setback requirements under Chapter 16.30 SCCC or to sensitive habitat setback requirements under Chapter 16.32 SCCC shall be available for non-retail commercial cannabis use or development. No non-retail commercial cannabis use or development may be permitted except upon a finding that the approval will not result in any significant unmitigated impact to water supply, biotic resources or other sensitive environmental resources.

(5)    No Cannabis Activities Allowed within Sandhills Habitat or Salamander Protection Zone. The County shall review whether a cultivation or manufacturing site is located within the Sandhills habitat or in oak woodland within one-quarter mile of a known or suspected salamander breeding pond during its biological resources assessment process. The County shall not issue a license for any cannabis activity proposed within the Sandhills or SCLTS habitats, with the exception of those indoor activities that do not require any soil disturbance.

(6)    Land Clearing/Grading. A land clearing permit must be obtained for any clearing in sensitive habitat as defined in Chapter 16.32 SCCC and for clearing exceeding one-quarter acre in any other area. In addition to meeting standards and regulations found in SCCC Title 16 and any other applicable regulation in SCCC Title 13:

(a)    Retained cuts and fills shall not exceed 10 feet.

(b)    Non-retained cuts and fills shall not exceed five feet.

(c)    Outdoor cultivation is not allowed on slopes steeper than 20 percent.

(d)    No grading is allowed on slopes greater than 20 percent, where slope gradient is measured as natural grade, or where the grade has been modified through an approved grading permit.

(e)    Remedial grading may be necessary in order to satisfy the requirements of this chapter. All remedial grading must be shown on the final grading plan. Remedial grading may include over excavation and recompaction of on-site soils, buttress fills, or other grading activities deemed necessary to bring unpermitted grading into compliance with County Code.

(f)    Excessive or unnecessary grading may be grounds for grading application denial.

Exceptions to these rules may be granted if exceeding the limits above will result in less environmental damage than all other design alternatives, or if no other alternative exists, as determined by Environmental Planning staff.

(7)    Outside Lighting. The application for a non-retail commercial cannabis use or development permit shall include plans for all outdoor lighting for review and approval. All outdoor lighting shall have the illumination directed downward or shielded so that glare is not projected onto adjacent properties or skyward. No lighting for cultivation purposes, except that necessary for security, shall be visible at cultivation sites from sunset to sunrise.

(8)    Parking. The application for a non-retail commercial cannabis use or development permit shall include a parking plan and documentation of parking needs for review and approval. The plan shall provide adequate off-street parking for all employees and allow for loading and unloading.

(9)    Site and Building Design. All new development shall be clustered or otherwise sited to reduce impacts. New structural development shall ensure the proposed building has sufficient architectural design to be compatible with the architectural character and scale of the surrounding area.

(a)    In the CA zone district, any new development use shall be subject to the findings in SCCC 13.10.314(A).

(b)    In the TP zone district, permits authorizing non-retail commercial cannabis activities may be granted only on parcels with a pre-existing legal commercial use (regardless of when established) where cannabis business activities will take place in previously cleared areas. New development and site disturbance associated with cannabis business activities and related infrastructure on these parcels are limited to: (i) no more than 5,500 square feet of site disturbance; and (ii) the removal of no more than five trees with an individual diameter breast height (d.b.h.) between 12 and 40 inches. Moreover, a timberland conversion permit must be obtained as required by the California Division of Forestry before any trees are removed, and removal of trees with a d.b.h. of greater than 40 inches is not permitted. In addition, any new structural development and parking facilities on these parcels shall be clustered within 200 feet of other buildings on the parcel in order to facilitate timber production and harvesting and to preserve the rural character of the land, unless a different option can be demonstrated to have fewer environmental impacts.

(10)    Setbacks. All development shall be set back from the property line the minimum distance required by the zone district, or as otherwise required in this section, and may be required as a condition of a use or development permit to be set back a specified distance from the nearest off-site residence, if applicable, depending on the individual circumstances of the application.

(11)    Landscaping and Screening. All new structural development shall be landscaped or located in the natural setting to soften the geometric form and to blend it with the rural character of the surrounding area. Parking lots and outdoor work and storage areas shall be screened from view from adjacent properties and roadways by vegetative plantings or other natural features and screening. Plantings shall be completed before final building inspection is approved.

(12)    Outside Operations. Applications for a non-retail commercial cannabis use or development permit shall include information to describe the nature of any proposed outside operations. All outside operations shall be screened to minimize visibility from adjacent residences and roads. Within the Coastal Zone, fencing shall be minimized, in no case shall exceed six feet, and shall be designed to allow the passage of wildlife and shall not be seen from public roads.

(13)    Noise Control. The application for a non-retail commercial cannabis use or development permit shall include information regarding the anticipated noise levels of the cannabis operation. Noise shall be limited to be consistent with the requirements of the General Plan Noise Element.

(14)    Operating Hours.

(a)    The application for a non-retail commercial cannabis use or development permit shall include information regarding the proposed operating hours of the facility. The operating hours shall be established and approved as a condition of the approval.

(b)    Outside operating hours shall be limited to 7:00 a.m. to 7:00 p.m. These limits may be exceeded by obtaining approval of the Planning Commission, and limits shall be set by condition on the use approval based on the individual merits of the location and surroundings.

(15)    Access. Access shall meet County road standards for the proposed use, including accommodation of delivery vehicles and emergency vehicles.

(16)    Fire Protection. All regulations of the local fire district or County Fire Marshal shall be met to ensure adequate access, water availability and other conditions for fire protection.

(17)    Water.

(a)    All applications for any non-retail commercial cannabis use or development permit shall be accompanied by a letter from the water district serving the area stating that adequate capacity is available to serve the use, or the applicant shall demonstrate it has an approved on-site source or other adequate alternative source of water.

(b)    All water used for cultivation purposes must be obtained from an approved on-site source, except for water used in the case of emergencies, and water obtained from a Department of Public Health, Food and Drug Branch licensed purveyor that is used solely for the initial filling of water tanks used to meet on-site water storage requirements for firefighting purposes. Cannabis shall not be cultivated with the use of a shared water source or water extraction equipment without the express permission of all of the persons holding an ownership interest in that water source or water extraction equipment. The applicant shall submit an identification of water supply to be used for cultivation and documentation demonstrating that the source is in compliance with all statutes, regulations, and requirements of the California State Water Resources Control Board, Division of Water Rights.

(c)    If a new structure is proposed to be constructed, water saving devices shall be incorporated into the design, and shall be indicated on building and landscaping plans for review and approval.

(18)    Sewer/Septic. A letter from the sewer district serving the parcel shall be submitted with the application stating that adequate capacity is available to serve the use, or the applicant shall otherwise demonstrate compliance with the requirements of Chapter 7.38 SCCC and adequacy of any septic system serving the site.

(19)    Odors. Applications for a commercial cannabis use or development permit for outdoor cultivation must include a written statement demonstrating that the applicant has, to the maximum extent feasible given the topography of the site, taken neighboring sensitive receptors into account in site selection.

(20)    Indemnity. Each use or development permit issued pursuant to this section shall have as a condition of the permit a requirement that the applicant defend, indemnify and hold harmless the County and its officers, agents, and employees from and against any claim (including attorney’s fees) against the County, its officers, employees or agents to attack, set aside, void or annul the approval of the permit or any subsequent amendment of the permit.

(C)    Commercial Cannabis Cultivation.

(1)    Zoning. Subject to the limitations set forth in subsections (C)(2), (3) and (4) of this section, commercial cannabis cultivation uses may be permitted in the following zones: CA (Commercial Agriculture), A (Agriculture), RA (Residential Agriculture), C-4 (Commercial Services), M (Industrial), TP (Timber Production), and SU (Special Use) where the General Plan designation of the parcel is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry).

(2)    Minimum Parcel Size.

(a)    The minimum parcel size for commercial cannabis cultivation in the CA zone is one acre.

(b)    The minimum parcel size for commercial cannabis cultivation in the A zone is 2.5 acres (Class CG license only) or 10 acres (Class A license).

(c)    The minimum parcel size for commercial cannabis cultivation in the RA zone is 2.5 acres (Class CG license only) or five acres (Class RA license).

(d)    The minimum parcel size for commercial cannabis cultivation in the TP zone is 2.5 acres (Class CG license only) or five acres (Class TP license).

(e)    The minimum parcel size for commercial cannabis cultivation in the SU zone is 2.5 acres (Class CG license only) or 10 acres (Class SU license) for parcels with a General Plan designation of R-M, R-R or AG; there is no minimum parcel size for parcels in the SU zone with a General Plan designation of I.

(3)    Restrictions.

(a)    Commercial cannabis cultivation shall not be permitted inside the Coastal Zone or within one mile beyond the Coastal Zone, except in the CA, A, C-4 and M zones.

(b)    Commercial cannabis cultivation shall not be permitted within the Urban Services Line or the Rural Services Line, except in C-4 and M zones and in CA and A zones located inside the Coastal Zone and within one mile beyond the Coastal Zone.

(c)    Inside the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis cultivation may only be permitted: 1) in CA and A zones outdoors; or 2) in structures existing on the effective date of the ordinance adopting this section. No new structures, including hoop houses (defined as agricultural shade structures exempt from building permits under SCCC 12.10.315), shall be allowed.

(d)    No outdoor (including hoop house) commercial cannabis cultivation shall be permitted in zones C-4 and M.

(i)    Exception: In the M-3 zoning district, where quarry operations have ceased, outdoor cultivation (including hoop house cultivation) may be permitted in conjunction with the adoption or amendment of a reclamation plan.

(e)    Commercial cannabis cultivation may be permitted in SU zones only if the General Plan designation of the parcel is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry), subject to the restrictions of SCCC 13.10.382. In the SU zone district, on parcels with a General Plan designation of R-R, R-M or AG, permits authorizing non-retail commercial cannabis activities may be granted only on parcels of at least 20 acres, except for those applicants who cultivate on parcels of at least 10 acres where sufficient evidence exists that cannabis was being cultivated as of January 2013, and the use permit is granted no later than December 31, 2020.

(f)    Commercial cannabis cultivation with a Class CG license may be permitted within the CA, A, RA, TP zoning districts and in the SU zoning district on parcels with a General Plan designation of R-R, R-M or AG on parcels of at least 2.5 acres in size where all requirements under Chapter 7.128 SCCC applicable to a Class CG license are met.

(g)    Indoor cultivation of immature plants (starts and seedlings) may only take place within legal structures existing as of the effective date of the ordinance adopting this section, or shall be accommodated in a new permitted structure without requiring the addition of any square or cubic footage (such as by vertical stacking or shelving).

(h)    Total cannabis cultivation area on any parcel shall not exceed the limit applicable under the currently valid license for cultivation on the parcel, subject to approval of the Licensing Official, as follows:

Zone/Class

Single Licensee

Co-Located (with approval of Licensing Official)

CA/Class CA*

For single licensees on a single parcel, up to 2.5 percent of the size of the parcel may be utilized for canopy, immature plant growth areas and/or nursery operations, not to exceed 22,000 square feet. An additional 1.25 percent of the size of the parcel may be utilized for nursery operations or immature plant growth areas or some combination of both, not to exceed 11,000 square feet. Cultivation area shall not exceed 22,000 square feet, for outdoor cultivation, within the coastal zone.

For co-location on parcels smaller than 20 acres, up to five percent of the size of the parcel may be dedicated to canopy, immature plant growth areas and/or nursery operations, not to exceed one acre total among all licensees. An additional 2.5 percent of the size of the parcel may be utilized for nursery operations or immature plant growth areas or some combination of both, not to exceed 22,000 square feet. Cultivation area shall not exceed one acre, for outdoor cultivation, within the coastal zone.

For co-location on parcels 20 acres or larger where cultivation is conducted outdoors or requires new structural development, up to five percent of the size of the parcel may be utilized for canopy, immature plant growth areas and/or nursery operations, not to exceed two acres total among all licensees. An additional 2.5 percent of the size of the parcel may be utilized for nursery operations or immature plant growth areas or some combination of both, not to exceed one acre. Cultivation area shall not exceed two acres, for outdoor cultivation, within the coastal zone.

For co-location on parcels 10 acres or larger where cultivation takes place solely within structures existing as of November 2016, cannabis cultivation area limits will be set by the Licensing Official.

A/Class A

For single licensees on a single parcel, up to 1.5 percent of the size of the parcel, not to exceed 10,000 square feet.

For co-location on parcels smaller than 20 acres, up to three percent of the size of the parcel, not to exceed 10,000 square feet total among all licensees.

For co-location on parcels 20 acres or larger, up to 1.5 percent of the size of the parcel, not to exceed 22,000 square feet among all licensees.

RA/Class RA

Up to 1.25 percent of the size of the parcel, not to exceed 5,100 square feet on parcels between five and 10 acres in size.

For co-location on parcels between five and 10 acres in size, up to 1.25 percent of the size of the parcel, not to exceed 5,100 square feet.

Up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet on parcels larger than 10 acres.

For co-location on parcels larger than 10 acres, up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet.

C-4/Class C-4 M/Class M

Canopy may not to exceed 22,000 square feet. Immature plant growth area may not exceed 11,000 square feet. Inside the Coastal Zone cultivation area shall not exceed 22,000 square feet.

Canopy may not to exceed 22,000 square feet. Immature plant growth area may not exceed 11,000 square feet. Inside the Coastal Zone cultivation area shall not exceed 22,000 square feet.

TP/Class TP**

Up to 1.25 percent of the size of the parcel, not to exceed 5,100 square feet on parcels between five and 10 acres in size.

For co-location on parcels between five and 10 acres in size, up to 1.25 percent of the size of the parcel, not to exceed 5,100 square feet.

Up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet on parcels larger than 10 acres.

For co-location on parcels larger than 10 acres, up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet.

SU-AG, SU-R-R, SU-R-M/Class SU

Up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet.

Up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet.

SU-I/Class SU

22,000 square feet.

22,000 square feet.

CG (CA, A, RA, TP and SU- R-R, R-M or AG)/Class CG

500 square feet.

Not eligible for co-location.

*    The Cannabis Licensing Official may set a larger cannabis cultivation area in CA zone districts, subject to the following criteria (see also Chapter 7.128 SCCC):

(i)    Cultivation occurs on a single parcel, indoors, not inside the Coastal Zone or within one mile beyond the Coastal Zone.

(ii)     Development, including all site disturbance necessary to construct, reconstruct or remodel the building(s) and infrastructure to serve the buildings, including but not limited to parking, access, turn around, water supply, equipment, and storage, occurs only where the ground is covered with existing impermeable surface. The impermeable area where development will occur must have been duly permitted or be legally non-conforming pursuant to SCCC 13.10.260, 13.10.261, and 13.10.262, and must have existed prior to April 18, 2019.

(iii)    Development of an indoor cultivation structure on a CA parcel will include additional conditions of approval to ensure protection of agricultural resources.

**    With a TP license, canopy may only be expanded on eligible sites to the maximum size identified in (i) and (ii) above upon specific application to expand, and only in conjunction with the additional restrictions set forth in subsection (B)(9)(b) of this section.

(4)    Setbacks.

(a)    Commercial cannabis cultivation shall not be allowed within 600 feet of (i) a municipal boundary; (ii) a school, a day care center, or youth center; (iii) a library; (iv) an alcohol or drug treatment facility; or (v) any park other than a State park located within the urban area defined by the Urban Services Line.

(b)    Commercial cannabis cultivation shall not be allowed within one-quarter mile of a school if pesticides may be applied using aircraft, air blast sprayers, sprinklers, dust, powder, fumigants, or any other method which may cause the pesticide to travel outside of the property boundary.

(c)    Indoor commercial cannabis cultivation shall not be allowed within 200 feet of any habitable structure on a neighboring parcel. Outdoor commercial cannabis cultivation shall not be allowed within 400 feet of any habitable structure on a neighboring parcel, except in the CA zone district where commercial cannabis cultivation shall not be allowed within 100 feet of any habitable structure on a neighboring parcel.

(d)    Commercial cannabis cultivation shall not be allowed within 300 feet of a State park located within the urban area defined by the Urban Services Line.

(e)    On parcels ranging in size from one to five acres, commercial cannabis cultivation shall not be allowed within 100 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.

(f)    On parcels ranging in size from five to 10 acres, commercial cannabis cultivation shall not be allowed within 200 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.

(g)    On parcels over 10 acres in size, commercial cannabis cultivation shall not be allowed within 300 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.

(h)    Commercial cannabis cultivation shall not be allowed within 100 feet of a perennial stream.

(i)    Commercial cannabis cultivation shall not be allowed within 50 feet of an intermittent stream or within the setbacks required by SCCC 16.30 (Riparian Corridor and Wetlands Protection) or Chapter 16.32 SCCC (sensitive habitats).

(j)    Commercial cannabis cultivation shall not be allowed within 50 feet of an ephemeral stream or within the setbacks required by Chapter 16.30 SCCC (Riparian Corridor and Wetlands Protection) or Chapter 16.32 SCCC (sensitive habitats).

(k)    Commercial cannabis cultivation shall not be allowed within 100 feet of the high water mark of a lake, estuary, lagoon, or natural body of standing water.

(l)    For purposes of this section, “school” means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.

(m)    For purposes of this section, “park” means any playground, hiking or riding trail, recreational area, beach, community center or building, historic structure or facility, conservation land, biological mitigation area, or open space owned, managed or controlled by any public entity or conservation entity such as a nonprofit land trust.

(n)    The distance specified in this subsection for municipal boundaries, schools, day care centers, youth centers, libraries, and drug treatment facilities shall be the horizontal distance measured in a straight line from the municipal boundary, school, library, park, and drug treatment facility to the closest property line of the parcel on which cannabis is being cultivated, without regard to intervening structures.

(o)    The distance specified in this subsection for public rights-of-way, streams, and habitable structures shall be the horizontal distance measured in a straight line from the public right-of-way, streams and water areas, or habitable structure and the growing area on the cultivation site, without regard to intervening structures.

(p)    Exceptions.

(i)    Excluding setbacks required by Chapter 16.30 or 16.32 SCCC, exceptions to the setback rules set forth herein may be allowed subject to a Level 5 approval process with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the cultivation site (such as topography, intervening structures or vegetation, etc.) reduce the setback distance necessary to protect the subject public interest. Notwithstanding the foregoing, no exception shall be granted allowing a setback of less than 100 feet from a habitable structure on a neighboring parcel, except that in the M-1 and C-2 zone districts, the setback from a legal nonconforming habitable structure on a neighboring parcel may be reduced to below 100 feet or eliminated, subject to a Level 5 approval process under this subsection (C)(4)(p).

(ii)    Exceptions to the setback rules set forth herein may be allowed for indoor cultivation operations in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the cultivation facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.

(5)    Height.

(a)    New cannabis related structures in the A zoning district shall not exceed 28 feet in height.

(D)    Commercial Cannabis Manufacturing.

(1)    Zoning. Subject to the limitations set forth in subsections (D)(2) and (3) of this section, commercial cannabis manufacturing uses may be permitted, as follows:

(a)    Class 1 and Class 2 commercial cannabis manufacturing uses are limited to the following zoning districts: CA (Commercial Agriculture), A (Agriculture), RA (Residential Agricultural), TP (Timber Production), C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), and SU (Special Use) where the General Plan designation of the parcel is “R-R” (Rural Residential), “R-M” (Mountain Residential) “AG” (Agricultural) or “I” (Industrial).

(b)    Class 3 commercial cannabis manufacturing uses are limited to the following zoning districts: CA (Commercial Agriculture), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), and M-3 (Mineral Extraction Industrial).

(2)    Restrictions.

(a)    In the geographic area designated as the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis manufacturing may only take place within legal structures existing on the effective date of the ordinance adopting this section.

(b)    Within the RA zone district, extraction activities involving ethanol or CO2 shall be prohibited on parcels less than five acres in size.

(c)    All Class 3 commercial cannabis manufacturing uses must be located within a 10-minute response time of a fire station. If unable to meet this requirement, a fire clearance shall be required to verify that the facility can safely operate while protecting public health, safety and welfare. No facility shall be established beyond a 20-minute fire response time from the nearest responsible fire station in rural areas.

(d)    Cannabis manufacture facilities shall be inaccessible by the general public and should be fully enclosed if feasible.

(e)    Cannabis manufacturing uses within the A, RA and TP zone districts and on parcels within SU zone districts where the General Plan designation is “R-R” (Rural Residential), “R-M” (Mountain Residential) or “AG” (Agriculture) may be permitted only on a parcel that contains a detached single-family dwelling. No manufacturing activities may be undertaken in a dwelling, whether as a home occupation pursuant to SCCC 13.10.613 or otherwise, but activities in a legal accessory structure may be permitted subject to all applicable restrictions. All manufacturing uses in the A and RA zone districts and on parcels within the SU zone district where the General Plan designation is R-R, R-M or AG that include employees (excepting the owner of the parcel) shall require a Level 5 approval; provided, however, that the number of employees (excepting the owner of the parcel) for any manufacturing use on parcels in the RA zone district and on parcels within the SU zone district where the General Plan designation is R-R, R-M or AG shall be limited to five.

(f)    Cannabis manufacturing uses in the A, RA and TP zone districts and on parcels within SU zone districts where the General Plan designation is “R-R” (Rural Residential), “R-M” (Mountain Residential) or “AG” (Agriculture) shall be ancillary to licensed commercial cannabis cultivation on the parcel and import of cannabis material for onsite manufacturing may be permitted only with a Level 5 approval, and only as long as manufacturing using imported material does not require new structural development or any additional employees.

(g)    In the C-2 zone district, commercial cannabis manufacturing is only allowed in conjunction with a licensed dispensary, unless a finding is made, upon recommendation of the Licensing Official, that a proposed stand-alone manufacturing facility within the C-2 zone is consistent with the General Plan and compatible with and will not adversely affect surrounding uses, based on consideration of site-specific conditions such as the location, surrounding zoning, size and/or orientation of the parcel and physical features such as grade or other physical separation from surrounding uses.

(3)    Setbacks. No cannabis manufacturing facility may be located within 600 feet from (i) a school, (ii) a day care center, or (iii) a youth center. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school, day care or youth center to the closest property line of the lot containing the manufacturing facility under review, without regard to intervening structures.

(a)    For purposes of this section, “school” means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.

(b)    Exceptions.

(i)    Exceptions to the setback rules set forth herein may be allowed subject to a Level 4 approval with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the manufacturing facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.

(ii)    Exceptions to the setback rules set forth herein may be allowed for Class 1 and Class 2 manufacturing facilities in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the cultivation facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.

(E)    Cannabis Distribution.

(1)    Zoning. Subject to the restrictions set forth in subsections (E)(2) and (3) of this section, commercial cannabis distribution uses may be permitted, as follows:

(a)    Cannabis distribution pursuant to a Class 1 license associated with commercial cannabis cultivation or manufacturing may be permitted in any zone district in which that use (cultivation or manufacturing, as applicable) is authorized.

(b)    Cannabis distribution pursuant to a Class 2 license may be permitted only in the C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), CA (Commercial Agriculture) zone districts, the SU (Special Use) zone district in accordance with SCCC 13.10.382, and in the CA zone district within legal structures existing on the effective date of the ordinance codified in this section.

(c)    Cannabis distribution pursuant to a Transport Only license may be permitted only in the A (Agricultural), C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), CA (Commercial Agriculture), PA (Professional and Administrative Offices) zone districts, and within: the RA (Residential Agricultural), RR (Rural Residential), R-1 (Single Family Residential), RB (Ocean Beach Residential), RM (Multifamily Residential), and TP (Timber Production) zone districts in accordance with SCCC 13.10.613 (Home occupation standards).

(2)    Restrictions.

(a)    In the geographic area designated as the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis distribution may only take place within legal structures existing on the effective date of the ordinance adopting this section.

(b)    A distribution facility shall be inaccessible by the general public and should be fully enclosed if feasible.

(c)    Commercial cannabis Class 1 distribution uses in the RA and A zone districts shall be ancillary to licensed commercial cannabis cultivation on the parcel.

(d)    In the C-2 zone district, commercial cannabis distribution is only allowed in conjunction with a licensed dispensary, or licensed commercial cannabis manufacturing.

(e)    Transport Only distribution licensees may transport cannabis goods between State licensed cannabis businesses and are prohibited from storing cannabis goods.

(f)    Transport Only distribution licensees must provide a designated off-street parking location.

(g)    Transport Only distribution licenses for A, RA, RR, R-1, RB, RM and TP zone districts may only be issued where a residence is located on the licensee’s parcel.

(h)    Transport Only distribution licenses for A, RA, RR, R-1, RB, RM and TP zone districts must conform with home occupation standards.

(3)    Setbacks.

(a)    No license may be issued to operate a cannabis distribution facility located within 600 feet from (i) a school, (ii) a day care center, or (iii) a youth center. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot containing the distribution facility under review, without regard to intervening structures.

(b)    For purposes of this section, “school” means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.

(c)    Exceptions.

(i)    Exceptions to the setback rules set forth herein may be allowed subject to a Level 4 approval with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the distribution facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.

(ii)    Exceptions to the setback rules set forth herein may be allowed in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the distribution facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest. [Ord. 5336 § 7, 2020; Ord. 5334 § 7, 2020; Ord. 5302 § 4, 2019; Ord. 5272 § 7, 2018].

13.10.651 Restaurants, bars and food outlets in the PA Zone District.

Restaurants, bars and food outlets of over 500 square feet combined indoor and outdoor space shall only be allowed in the PA Zone District with the restriction that the facility will be open for public service during the evening and weekend periods when offices are not normally open and the office parking facilities are available to accommodate the parking needs of patrons. [Ord. 4346 § 34, 1994; Ord. 3432 § 1, 1983].

13.10.652 Drive-through uses.

No drive-through uses as defined in SCCC 13.10.700-D shall be permitted. [Ord. 3432 § 1, 1983].

13.10.653 Machine shops in commercial zone districts.

Machine shops in commercial zone districts shall be operated within a completely enclosed building located 50 feet or more from any residential use; be limited to one horsepower or less motors used to operate lathes, drill presses, grinders, shapers, milling machines, saws, polishers, or metal cutters; exclude drop hammers, automatic screw machines, and punch presses in excess of five-ton capacity. [Ord. 3432 § 1, 1983].

13.10.654 Night clubs, on-site liquor sales, live entertainment.

No dance hall, road house, night club, commercial club, or any establishment where liquor is served or commercial place of amusement or recreation, or any place where entertainers are provided whether as social companies or otherwise shall be established in any district closer than 200 feet to the boundary of any residential or recreational district, unless a Level V use approval is first secured in each case. [Ord. 3432 § 1, 1983].

13.10.655 Radio and TV towers.

Radio and television transmission towers and accessory uses thereto, but not including radio and television broadcasting studios, may be allowed in any district but not unless or until a Level V use approval or as otherwise required by the applicable use charts is first secured in each case. [Ord. 4496-C § 55, 1998; Ord. 3432 § 1, 1983].

13.10.656 Construction of new gas stations, and conversion of existing gas stations.

Construction or operation of new gas stations, which do not meet the definition of “gas stations, full-service,” and conversions of existing gas stations shall not be issued a permit unless and until the following occur:

(A)    The required public notice shall include a one-eighth-page display ad published in a newspaper of general circulation printed and published within the County at least 10 calendar days prior to the public hearing on the permit.

(B)    The County Seniors Commission, Commission on Disabilities, and Convention and Visitors Bureau shall be notified at least 30 calendar days prior to the public hearing on the permit and their written comments solicited.

(C)    A finding shall be made that the new construction or operation of the proposed gas station, or conversion of an existing gas station, will not significantly adversely affect the public health, safety or welfare in any of the following respects:

(1)    Availability of minor emergency health and safety services such as public restrooms and minor automobile repair.

(2)    Discrimination against individuals needing refueling assistance.

(D)    Reasonable conditions may be added, including but not limited to the following:

(1)    Appropriate signing may be required to inform the public of the method and location of additional automotive services such as air, water, public restrooms, emergency towing and automobile repair.

(2)    A requirement for split-island service (i.e., full-service at one island, self-service at another).

(3)    A requirement for the sale and installation of minor auto-related parts such as fan belts, water hoses, windshield wiper blades, tires, transmission oil, brake fluid, or maps.

(4)    Provision of refueling service to individuals needing same. [Ord. 4496-C § 56, 1998; Ord. 3632 § 18, 1985].

13.10.657 Regulation of sale of alcoholic beverages at gas stations.

(A)    Authority. This section is adopted pursuant to and in conformity with Section 23790.5 of the California Business and Professions Code.

(B)    Purpose. The Board of Supervisors of the County of Santa Cruz deems it necessary to regulate the concurrent sale of alcoholic beverages and motor vehicle fuel for the purpose of protecting and promoting the health, safety and welfare of the general public and the inhabitants of Santa Cruz County.

(C)    Prohibition as to Concurrent Sale of Alcoholic Beverages Other Than Beer or Wine. The concurrent retailing of alcoholic beverages (other than beer or wine for off-premises consumption) and motor vehicle fuel is prohibited.

(D)    Permit Required as to Concurrent Sale of Beer or Wine. A development permit including a Level V use approval shall be required to be obtained from the County by any new or by any existing gas station which proposes to commence on or after January 1, 1989, the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption. All procedures for application, review, approval, appeal, enforcement, et cetera, shall be in accordance with Chapter 18.10 SCCC.

(E)    Required Findings. No development permit shall be issued for the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption unless the following findings are made, supported by substantial evidence in view of the whole record:

(1)    The concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption will not significantly adversely affect the public health, safety, or welfare from increases in noise, traffic and/or violations of traffic and other laws.

(2)    The findings specified in SCCC 18.10.230.

(F)    Conditions. Reasonable conditions shall be added to a development permit for the concurrent retailing of motor vehicle fuel with beer and wine, including but not limited to the following conditions:

(1)    No display of beer and/or wine shall be permitted within five feet of the cash register or of the front door unless it is a permanently affixed cooler as of January 1, 1988;

(2)    No advertisement or advertising of beer and/or wine shall be permitted on or at motor vehicle fuel islands;

(3)    No sale of beer and/or wine shall be permitted from a drive-in window;

(4)    No sale or display of beer and/or wine shall be permitted from an ice tub;

(5)    No self-illuminated advertising for beer and/or wine shall be located on buildings or in windows;

(6)    Employees on duty who sell beer and/or wine at gas stations shall be at least 21 years of age; and

(7)    A period of time shall be specified requiring renewal or review of the development permit.

(G)    Violations. If there is a finding that a licensee or his or her employee has sold any alcoholic beverages (including beer and/or wine) to a minor at an establishment engaged in the concurrent retailing of motor vehicle fuel with beer and wine, the alcoholic beverage license at the establishment shall be suspended for a minimum period of 72 hours. This shall not constitute the exclusive remedy for such violation, but rather shall be cumulative to all other enforcement methods available to the County, including, without limitation, those enforcement methods available where the County zoning ordinance has been violated.

(H)    Severability. If any part of this section is for any reason held to be invalid by the final judgement of any court, such judgement shall not affect the validity of the remaining portion of this section. [Ord. 3965 §§ 2, 3, 1988; Ord. 3943 §§ 2, 3, 1988; Ord. 3669 § 2, 1985].

13.10.658 Recycling facilities.

(A)    The criteria and standards for recycling facilities permitted as an accessory or appurtenant use are as follows:

(1)    Reverse Vending Machines.

(a)    Shall be established in conjunction with a commercial, community facility or public facility use which is in compliance with the zoning, building, and fire codes of the County of Santa Cruz.

(b)    Shall, when associated with a commercial use, be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.

(c)    Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered.

(d)    Shall be clearly marked to identify the type of material to be deposited.

(e)    Shall have a sign area of a maximum of four square feet and sign(s) shall be attached to the machine.

(f)    Shall be no more than 80 cubic feet in bulk and no more than eight feet in height per machine.

(g)    The operator of the reverse vending machine and the business operator or community facility or public facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines.

(h)    Reverse vending machines located within a commercial structure, or community facility or public facility structure, do not require any permits under this code.

(2)    Small Collection Facilities.

(a)    Facility shall be established in conjunction with a commercial use, or commercial use or public facility use which is in compliance with the zoning, building and fire codes of the County of Santa Cruz;

(b)    Containers shall be constructed and maintained with durable waterproof and rustproof material and shall be covered at all times when not attended;

(c)    Containers shall be clearly marked to identify the type of recyclable materials which may be deposited;

(d)    Facility shall be clearly marked to identify the name and telephone number of the facility operator;

(e)    Site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;

(f)    The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any loading facilities;

(g)    Facility shall be set back at least 10 feet from any street line;

(h)    The facility shall not impair the landscaping required for any concurrent use by the County Code or any permit issued pursuant thereto;

(i)    Noise level shall not at any time exceed 60 dBA as measured at the property line of any residentially zoned or residential use property; otherwise shall not exceed 65 dBA;

(j)    Facility shall not include power-driven sorting and/or consolidation equipment such as crushers, balers, or bulk reverse vending machines;

(k)    Signs may be provided as follows:

(i)    Unattended container not over 80 cubic feet in bulk and not over eight feet in height may have a maximum sign area of four square feet;

(ii)    Other containers or units may have one or more flat-mounted signs on each side, no larger in total area than 20 percent of the surface area of the side, or 45 square feet per side, whichever is less;

(iii)    No illuminated signs;

(iv)    Signs must be consistent with the character of the location;

(l)    Use of the facility for collection or disposal of refuse or hazardous material as defined in SCCC 7.20.020, 7.96.020, or 7.100.020 is prohibited;

(m)    Facility shall be removed from the site no later than the day following permit expiration;

(n)    Attended facilities shall be in operation only during the hours of operation of the commercial use, or community facility or public facility use, unless permission otherwise is given by the commercial, community facility or public facility use;

(o)    The facility shall conform to all development regulations for the zoning district in which it is located;

(p)    Parking requirements for small collection facilities shall conform to SCCC 13.10.553(F);

(q)    The recycling collection facility operator and commercial use or community facility or public facility use operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins, or enclosures intended as receptacles for such materials;

(r)    Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to, newspapers, cardboard, used motor oil, and all types of beverage and food containers made form aluminum, nonaluminum metal, glass, and plastic, and in appropriate circumstances the County may require a small collection facility to accept any or all of the recyclable materials mentioned in this subsection as a condition of the issuance of such small collection facility permit.

(B)    The following recycling collection facilities, which were in existence on July 23, 1987, are legal nonconforming uses in the zone district in which they are located and are subject to SCCC 13.10.260, 13.10.261, and 13.10.262; provided, that all such collection facilities are associated with a legal conforming use and can demonstrate permission from the property owner to occupy the site:

(1)    Mobile buy-back or drop-off multi-material recycling collection in one location for less than eight hours in any seven-day period;

(2)    Stationary drop-off of newspapers utilizing placement of an unattended covered or closeable drop box or bin;

(3)    Stationary drop-off of household goods or clothes for resale or recycle through a charitable organization such as the Salvation Army or Goodwill Industries. [Ord. 5119 § 32, 2012; Ord. 5061 § 19, 2009; Ord. 4525 § 9, 1998; Ord. 3843 § 7, 1987].

13.10.659 Regulations for the siting, design, and construction of wireless communication facilities.

Repealed by Ords. 4714, 4743 and 4769. [Ord. 4631 § 1, 2001; Ord. 4629 § 1, 2001].

13.10.660 Regulations for the siting, aesthetics, operation, and construction of wireless communication facilities.

(A)    Purpose. The purpose of this section through SCCC 13.10.664 is to establish regulations for the siting, aesthetics, operation, construction, and modification of wireless communication facilities in the unincorporated areas of Santa Cruz County, while minimizing adverse visual and operational effects of such facilities. The regulations in these sections are intended to be consistent with State and Federal law, particularly the Federal Telecommunications Act of 1996, in that they are not intended to: (1) be used to unreasonably discriminate among providers of functionally equivalent services; (2) have the effect of prohibiting wireless communication facilities within Santa Cruz County; or (3) have the effect of prohibiting the siting of wireless communication facilities on the basis of the environmental/health effects of radiofrequency emissions, to the extent that the services and facilities comply with the regulations of the Federal Communications Commission concerning such emissions.

(B)    Definitions.

(1)    “Alternatives analysis” means the evaluation and consideration of various options in siting, design, and construction of wireless communication facilities, including a detailed report on the approach, methods, and information employed in the site and facility selection process.

(2)    “Application” means a formal request, including all required and requested fees, forms, documentation, and information submitted by an applicant to the County for a wireless communication facility permit.

(3)    “Applicant” means a person or entity filing an application for placement or modification of a wireless communication facility.

(4)    “Base station” shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b), or any successor provision.

(5)    “Camouflage” means the incorporation of elements and/or techniques designed to mask or blend a wireless communication facility with the surrounding environment in such a manner to minimize its visual intrusion on the surrounding environment.

(6)    “Co-location” means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radiofrequency signals for communications purposes. “Co-location” also means when more than one wireless service providers share a single wireless communication facility. A co-located facility can be comprised of a tower, pole, or structure that supports one or more antennas, dishes, or similar wireless communication devices, that are separately owned or used by more than one public or private entity.

(7)    “County Code” means the Santa Cruz County Code.

(8)    “County infrastructure” means County-owned or controlled property structures, objects, and equipment in the public rights-of-way, including, but not limited to, streetlights, traffic control structures, banners, street furniture, or other poles, lighting fixtures, or electroliers located within the public rights-of-way.

(9)    “CPUC” means the California Public Utilities Commission.

(10)    “Director” means the Director of the Santa Cruz County Community Development and Infrastructure Department or their designee.

(11)    “Eligible facilities request” shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision, which defines the term to mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and involves co-location of new wireless equipment, the removal of wireless equipment, or the replacement of wireless equipment.

(12)    “Equipment shelter” means a ground-mounted, fully enclosed cabinet or underground vault containing equipment serving wireless antenna.

(13)    “FCC” means the Federal Communications Commission or its lawful successor.

(14)    “Least visually obtrusive” means any technically feasible, viable, and environmentally superior facility site and/or design alternatives, as demonstrated by the alternative analysis, that render the facility the most visually inconspicuous relative to other sites and/or designs. It does not mean that the facility must be completely hidden, but it may require screening or other camouflaging so that the facility is not immediately recognizable as a wireless communication facility within the visual setting and from scenic resources.

(15)    “Public right-of-way” shall have the same meaning as in SCCC 9.70.030(H) but shall also include any portion of any road or public way which the County has the responsibility to maintain or manage.

(16)    “Right-of-way” means all land or interest therein, which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the public for road and street purposes.

(17)    “Radiofrequency emissions” or “RF emissions” means radiation from the portion of the electromagnetic spectrum with frequencies below the infrared range (approximately 100 GHz and below), including microwaves, television VHF and UHF signals, radio signals, and low to ultra-low frequencies.

(18)    “Significant gap” means a gap in a wireless provider’s own wireless services that is significant as certified by the wireless carrier.

(19)    “Small cell wireless facility” or “small cell facility” means a type of wireless communication facility that has the same meaning as set forth in 47 C.F.R. Section 1.6002(l), or any successor provision, which defines the term to mean a wireless communication facility where each antenna is no more than three cubic feet in volume, the associated wireless equipment is no more than 28 cubic feet in volume, and the facility is mounted on structures 50 feet or less in height, including antennas, or mounted on structures no more than 10 percent taller than adjacent structures, or that do not extend existing structures on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater.

(20)    “Stealth” means a design with concealment elements so visibility of any antenna or other transmission equipment associated with the facility is generally unnoticeable and so that the wireless facility fits into the context of its surroundings. By way of example, and not of limitation, a faux pine tree in an area with other natural pine trees would be considered stealth.

(21)    “Support structure” means any structure supporting a base station, small cell site, tower, wireless antenna or other wireless communication facility equipment.

(22)    “Technically feasible” means capable of being accomplished based on existing technology compatible with an applicant’s existing network.

(23)    “Tower” means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.

(24)    “Underground areas” means those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.

(25)    “Utility pole” means a long, slender, usually cylindrical structure in the right-of-way designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.

(26)    “Viable” means when an alternative site for which there is a property owner/manager interested in renting, leasing, selling, or otherwise making available, space for one or more wireless communication facilities upon said site on reasonable terms commensurate with the market in Santa Cruz County.

(27)    “Visual impact” means the placement or design of a wireless communication facility or the associated equipment such that they are not fully screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

(28)    “Wireless communication facility, or wireless facility” means the transmitters, antenna structures, and other types of installations used for the provision of personal wireless services at a fixed location, including without limitation small cell facilities, any associated tower(s), support structure(s), and base station(s).

(29)    “Wireless equipment” or “equipment” means the necessary items associated with an antenna used for wireless communication, including without limitation: shelters, cabinets, generators, power sources, cables, wires, conduits, and switches.

(30)    “Wireless encroachment permit” means a permit issued pursuant to this chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the right-of-way; and the modification of any existing support structure to which the wireless facility is proposed to be attached.

(31)    “Wireless regulations” means this section through SCCC 13.10.664, inclusive, and any other regulations adopted by the Santa Cruz County Board of Supervisors to implement the provisions of this chapter related to wireless facilities. The regulations comply with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, applicable regulations, orders, and decisions of the Federal Communications Commission and the California Public Utilities Commission and applicable State law. The regulations are designed to regulate the siting, aesthetics, construction, modification, and operation of wireless communication facilities in the unincorporated area of Santa Cruz County, and do not supersede Federal and State authority.

(32)    “Wireless service provider” means an entity that provides wireless services to end users.

(C)    Restrictions.

(1)    Federal and State Regulations. All wireless communication facilities shall comply with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, applicable regulations, orders, and decisions of the FCC and CPUC and applicable State law.

(2)    Radiofrequency Emissions. All wireless communication facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must conduct and provide evidence of on-site, post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.

(3)    Federal Aviation Administration Regulations. All wireless communication facilities shall comply with all applicable Federal Aviation Administration (“FAA”) regulations, including requirements of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).

(4)    Zoning. New wireless communication facilities outside of public rights-of-way are prohibited in the following zoning districts: CA, R-1, RM, RB, and MH, unless the proposed facility is a small wireless facility, or is co-located on an existing facility, or modifies an existing facility, or the applicant provides documentation prepared by a qualified professional engineer to enable the County to find:

(a)    The proposed facility eliminates or substantially reduces one or more significant gaps in the applicant carrier’s network; and

(b)    The proposed facility is located on the least visually obtrusive site and least visually obtrusive portion of the site, where the applicant provides substantial evidence that it chose the best solution for the community after a meaningful comparison of alternative sites and designs, including but not limited to considering less sensitive sites, alternative system designs, alternative tower designs, placement of antennas on existing structures, and other viable, technically feasible, and environmentally (i.e., visually) equivalent or superior potential alternatives.

(5)    Coastal Zone. All wireless communication facilities in any portion of the Coastal Zone shall be consistent with the County Local Coastal Program and the California Coastal Act. No portion of a wireless communication facility shall extend onto or impede access to a publicly used beach. Power and telecommunication lines servicing wireless communication facilities in the Coastal Zone shall be required to be placed underground unless the County identifies an environmentally superior alternative. New wireless communication facilities located between the sea and the seaward side of the first through public road parallel to the sea and within mapped scenic resource areas in the Coastal Zone shall be prohibited unless the applicant complies with subsections (C)(4)(a) and (b) of this section.

(D)    Exemptions. Wireless communication facilities intended solely for personal, noncommercial uses, such as short-wave radio, by occupants of the site on which such facilities are located, are exempt from provisions of the County’s wireless regulations but are subject to restrictions which pertain to buildings or structures in the zoning district in which such facilities are located. Wireless communication facilities located on County-owned property or on privately owned property used solely for public or quasi-public use are exempt.

(E)    Siting Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.

(1)    Co-location. New wireless communication facilities shall be required to be co-located onto existing facilities, base stations, or utility poles, unless there is no existing facility that would provide substantially similar coverage and the proposed facility is visually screened, camouflaged, or otherwise integrated into the surrounding character or scenic resource.

(2)    Setbacks. Wireless communication facilities and any above-ground equipment, excepting fencing or barriers, shall comply with the setback standards for the applicable zoning district. Depending upon specific site constraints and circumstances, this requirement may not apply to antennas proposed to be co-located on existing facilities, base stations, or utility poles, nor to underground equipment shelters, if the required setbacks would prohibit the use of the proposed facility site.

(3)    Scenic Resources. Wireless communication facilities proposed in mapped scenic areas, scenic road viewsheds, ridgelines, hilltop locations, or locations visible from public beaches shall be hidden from public view, to the maximum extent feasible, and shall incorporate camouflage and stealth techniques to minimize visual impacts. Wireless communication facilities proposed in mapped scenic areas, scenic road viewsheds, ridgelines, hilltop locations, or locations visible from public beaches within the Coastal Zone shall be prohibited unless the applicant complies with subsections (C)(4)(a) and (b) of this section.

(4)    Visual Setting. New wireless communication facilities shall utilize existing natural or human-made features, including but not limited to topography, vegetation, buildings, or other structures, to conceal and integrate the facility into the visual environment to the extent feasible.

(5)    Visual Impact Mitigation. Special design of wireless communication facilities is required to mitigate potentially significant adverse visual impacts, including appropriate camouflaging or utilization of stealth techniques. Use of less visually obtrusive design alternatives, such as a small cell facility, is encouraged. Telecommunication towers camouflaged to look like trees (e.g., “monopines”) may be favored on wooded sites with existing similar looking trees where they can be designed to adequately blend with and/or mimic the existing trees. In other cases, stealth-type structures that mimic structures typically found in the built environment where the facility is located may be appropriate (e.g., small-scale water towers, barns, and other typical farm-related structures on or near agricultural areas). Rooftop or other building-mounted antennas designed to blend in with the building’s existing architecture is required. Co-location of new wireless communication facilities is required pursuant to subsection (E)(1) of this section. Owners/operators of wireless communication towers/facilities are required to maintain the appearance of the tower/facility, as approved, throughout its operational life. Public vistas from scenic roads, as designated in General Plan/LCP Section 5.10.10, shall be afforded the highest level of protection.

(F)    Aesthetic Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.

(1)    Screening. All components of wireless communication facilities and associated enclosures shall be designed to include stealth, camouflage, or screening techniques appropriate to the proposed location, design, visual environment, and nearby uses and/or structures. Landscape plans shall be prepared by a qualified professional and shall be designed to provide long-term screening of the facility. Only species that are native to Santa Cruz County shall be used as vegetative screening, with a preference for species that are native to the specific location of the wireless facility. Visual screening shall be maintained/restored including visual screening impacted by any maintenance on the wireless communication facilities.

(2)    Coating. All wireless communication facilities shall be constructed of and/or covered with nonflammable material, unless otherwise specified by the County. All components of wireless communication facilities shall be of a color approved by the County, shall be nonreflective, and shall be repainted and maintained in good repair.

(3)    Lighting. Constant lighting shall be prohibited unless otherwise required under FAA regulations. Permittees shall install only timed or motion-sensitive lights and design all lights associated with the wireless communication facility, other than lighting that may be required by FAA regulation, shall be downcast so that direct light rays shall be confined to the premises and light intensity minimized to the extent feasible.

(4)    Facility Type. Wireless communication facilities shall be self-supporting monopoles, towers, or other concealment structures whether free-standing or mounted on structures.

(5)    Supporting Equipment. Supporting equipment, such as equipment shelters, may be required to be placed underground, if required by the Director. Supporting equipment not placed underground shall be located and designed to minimize its visibility and, if appropriate, to disguise it to render it less conspicuous. Supporting equipment shall be no taller than 12 feet in height and shall blend with existing architecture and/or the natural surroundings in the area or shall be screened from sight by mature landscaping.

(G)    Construction Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.

(1)    Height. All towers shall be designed to be the shortest height technically feasible to minimize visual impacts. The height of a free-standing facility shall be measured from the existing undisturbed ground surface below the center of the base of the facility to the top of the facility itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of structure-mounted facilities, the height of the facility includes the height of the structure directly below the facility. The maximum facility/antenna heights allowed in each zone district are as follows:

Zone District

Structure-Mounted

Free-Standing

Residential and Timber Production (TP, inside the Coastal Zone)

50 feet

75 feet

Nonresidential

60 feet

85 feet

Timber Production (TP, outside the Coastal Zone)

125 feet

150 feet

(2)    Height Exceptions. Any applications for facilities of a height more than the allowed height for facilities in each zone district per subsection (G)(1) of this section must include a written justification proving the need for a facility of that height and comply with subsections (C)(4)(a) and (b) of this section.

(H)    Operations and Maintenance.

(1)    Fire Prevention and Emergency. All wireless communication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting or intensifying a fire. To this end, all of the following measures shall be implemented for all wireless communication facilities, when determined necessary by the County Fire Marshal or Fire District Fire Chief:

(a)    At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings;

(b)    Rapid entry (KNOX) systems shall be installed as required by the Fire Chief;

(c)    Type and location of vegetation, screening materials and other materials within 10 feet of the facility and all new structures, including telecommunication towers, shall be reviewed for fire safety purposes by the Fire Chief. Requirements established by the Fire Chief shall be followed;

(d)    All tree trimmings, debris, and refuse surrounding the facility shall be regularly removed from the site; and

(e)    For the protection of emergency response personnel, each wireless facility shall have an on-site emergency power shut-off (“kill switch”) to de-energize all facilities at the site in the event of an emergency.

(2)    Noise. All wireless communication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. The following measures shall be implemented for all wireless communication facilities:

(a)    Outdoor noise producing construction activities shall only take place on nonholiday weekdays between the hours of 8:00 a.m. and 6:00 p.m., unless allowed at other times by the Director; and

(b)    Backup generators shall only be operated during power outages and for testing and maintenance purposes. Such generators shall comply with the noise thresholds of the General Plan Noise Element at the property line.

(I)    Administration.

(1)    The Director is responsible for administering the County’s wireless regulations. As part of the administration of these regulations, the Director may:

(a)    Interpret the provisions of this section through SCCC 13.10.664 and any other wireless regulations adopted by the Board of Supervisors;

(b)    Develop forms, procedures, administrative practice guidelines, and application requirements related to siting or modification of wireless facilities;

(c)    Determine the amount of and collect, as a condition of accepting any application, the fees established by resolution of the Board of Supervisors or the County Code;

(d)    Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;

(e)    Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

(f)    Subject to appeal as provided in Chapter 18.10 SCCC, determine whether to approve, approve subject to conditions, or deny an application; and

(g)    Take such other steps as may be required to timely act upon applications for siting of wireless facilities, including issuing written decisions and entering into agreements with applicants to extend the time for action on an application.

(2)    Appeal. Any person adversely affected by the decision of the Director pursuant to this section may appeal the Director’s decision in accordance with the provisions contained in Chapter 18.10 SCCC, Article VI.

(J)    Termination/Abandonment of Wireless Communication Facilities. The site shall be restored as nearly as possible to its natural or preconstruction state within six months of termination of use or abandonment of the site. Applicant shall enter into a site restoration agreement, subject to the approval of the Director. [Ord. 5439 § 8, 2023.]

13.10.661 Applications for wireless communication facilities.

(A)    General Requirements. New wireless communication facilities shall comply with all applicable goals, objectives, and policies of the General Plan/Local Coastal Program, area plans, zoning regulations, and development standards; and all applications for wireless communication facilities shall be subject to review under Chapter 18.10 SCCC, shall be subject to the California Environmental Quality Act, and shall not be accepted as submitted or reviewed until an application fee is received.

(1)    Preapplication Meeting. Prior to application submission, an applicant is strongly encouraged, not required, to schedule a preapplication meeting with the Director to discuss the proposed facility, the requirements of the wireless regulations, and any potential impacts of the proposed facility. This meeting shall not be considered the first required step in submission of an application.

(2)    Application Fee(s). The first required step in the application submission process is the payment and receipt of the application fee(s). The Board of Supervisors is authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless permit unless paid as a refundable deposit.

(3)    Submission. An applicant shall submit a paper copy, unless the County advises otherwise, and an electronic copy of any application, amendment or supplement to an application, or responses to requests for information regarding an application to the Director at the County Planning Department, 701 Ocean Street, Room 400, Santa Cruz, California, 95060.

(4)    Content. An applicant shall submit an application on the forms approved by the Director, which may be updated from time to time, and which shall require, in addition to submittal requirements specified in Chapter 18.10 SCCC, the submission of all required fees, documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable local, State, and Federal law and will not endanger the public health, safety, or welfare. The application shall include a completed checklist, on a form supplied by the County, representing that each item required for a complete application is included in the submission.

(5)    Waivers. Requests for waivers from any requirement of the wireless regulations shall be made in writing to the Director. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the County will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be granted only on a case-by-case basis and narrowly tailored to minimize deviation from the requirements of this code.

(6)    Rejection for Incompleteness. For all wireless communication facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. If such an application is incomplete, the Director shall notify the applicant and specify the material omitted from or information needed to complete the application.

(B)    Required Permits. All new wireless communication facilities, except as provided by subsection (C) of this section and SCCC 13.10.662 and 13.10.663, shall be subject to a development permit. All projects located within the Coastal Zone shall require a coastal development permit, unless otherwise exempt or excluded. Additionally, a building permit will be required for construction of new wireless communication facilities.

(C)    Ministerial Review.

(1)    The following applications shall be processed ministerially:

(a)    Co-located wireless communication facilities mounted on existing structures, not otherwise subject to SCCC 13.10.662; and

(b)    Wireless communication facilities mounted on commercial, industrial, or public facilities within the PF, C-1, C-2, C-4, M-1, M-2, or M-3 zone districts.

(2)    Exceptions. The Director shall require discretionary review for applications when appropriate due to sensitive location within a designated or protected scenic area, historic site, sensitive habitat, coastal zone, or site visible from a scenic road or public beach, or if, in the opinion of the Director, the project merits discretionary review. Wireless communication facilities proposed in prohibited and/or restricted zone districts or areas shall not be eligible for ministerial review.

(3)    Criteria. The required criteria for ministerial review shall be as follows:

(a)    Criteria for co-located wireless communication facilities mounted on existing structures, not otherwise subject to SCCC 13.10.662 and located outside the Coastal Zone.

(i)    For towers outside the public rights-of-way and for all base stations, the co-location qualifies as an eligible facilities request as defined in this chapter; or

(ii)    For all other co-locations none of the conditions in SCCC 13.10.663(G)(3) through (G)(6) are found.

(iii)    For co-locations where the existing wireless communications facilities are not adequately camouflaged or concealed, the proposed and existing facilities shall meet the standards in subsection (C)(3)(b)(i) of this section or, if unable, subsection (C)(3)(b)(ii) of this section.

(b)    Criteria for wireless communication facilities mounted on commercial, industrial, or public facilities within the PF, C-1, C-2, C-4, M-1, M-2, or M-3 zone districts and located outside the Coastal Zone.

(i)    The wireless communication facility, including antennas, cables and cable trays, and equipment and equipment areas, must be a completely concealed and integrated facility, meaning a wireless communication facility that is indistinguishable from the built and/or natural environment of the surrounding area; or

(ii)    For wireless communication facilities that cannot be completely concealed and integrated with the existing building, all components of the facility shall be architecturally integrated with the existing building to the extent feasible, meaning the wireless communication facility is designed to blend into the surrounding environment or match a building’s architectural features and be minimally visible.

(D)    Discretionary Review.

(1)    Required Findings. To grant a development permit for a wireless communication facility, excluding projects processed ministerially under subsection (C) of this section, SCCC 13.10.662, or 13.10.663, the approving body must make the required development permit findings (Chapter 18.10 SCCC) and, if applicable, the required coastal development permit findings (Chapter 13.20 SCCC), as well as the following findings:

(a)    Either:

(i)    The development of the proposed wireless communications facility, as conditioned, will not significantly affect any designated visual resources, environmentally sensitive habitat (as defined in the Santa Cruz County General Plan/LCP Sections 5.1, 5.10, and 8.6.6), and/or other significant designated or protected County natural, cultural, or historic resources, including but not limited to agricultural and open space resources; or

(ii)    There is no alternative to the proposed wireless communication facility, as conditioned, that is technically feasible and environmentally equivalent or superior to the proposed wireless communication facility, including with less visual and/or other resource impacts, and the proposed facility has been modified by condition and/or project design to minimize and mitigate its visual and other resource impacts.

(iii)    For projects in the Coastal Zone, the approving body must make both findings.

(b)    For sites located in one of the prohibited and/or restricted areas set forth in SCCC 13.10.660(C), and for facilities of a height more than the allowed height for facilities in each zone district per SCCC 13.10.660(G)(1), and for sites located in the Coastal Zone identified in SCCC 13.10.660(E)(3), that the applicant has provided documentation to enable the decision-making body to make the findings in SCCC 13.10.660(C)(4)(a) and (b).

(c)    That the subject property upon which the wireless communication facility is to be located is free of violations or compliant with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of this chapter, as determined by the County, and that all zoning violation abatement costs, if any, have been paid.

(d)    That the proposed wireless communication facility, as conditioned, will not create a hazard for aircraft in flight.

(2)    Conditions of Approval. Conditions of approval may be imposed by the Director to ensure compliance with the wireless regulations, and applicable local, State, and Federal law.

(3)    Alternatives Analysis. For applications with wireless communication facilities proposed in prohibited or otherwise restricted areas specified in SCCC 13.10.660(C)(4), or other areas identified in this chapter that require compliance with SCCC 13.10.660(C)(4)(a) and (b), an alternatives analysis must be submitted by the applicant. The alternatives analysis should identify all technically feasible potential location sites which reasonably meet the service provider’s coverage objectives, particularly building-mounted sites, within the project vicinity, provide analysis as to the feasibility of those alternatives and compare the level of visual impact with that of the proposed project. At a minimum, this analysis should identify the location of all existing wireless communication facilities within a quarter mile of the proposed site and provide an explanation of why co-location has not been proposed at each of these sites.

(4)    On-Site Visual Demonstration. Unless waived by the Director, on-site visual demonstration structures (i.e., mock-ups) shall be required for all proposed wireless communication facilities in time, place, and manner as determined by the Director. Generally, on-site visual demonstrations are not required for co-located and small cell facilities that do not propose a significant visual impact.

(5)    Additional Technical Review. The applicant will be notified if the County requires an independent technical review of any submitted technical materials. The applicant shall pay all the costs of said review and may be required to deposit funds in advance to cover the estimated costs.

(E)    Records. A permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation an approval, the approved plans and photo simulations incorporated into an approval, all conditions associated with an approval, and any ministerial permits or approvals issued in connection with approval of an application. If the permittee does not maintain such records as required or fails to produce true and complete copies of such records within a reasonable time after a written request from the County, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.

(F)    Attorneys’ Fees. In the event the County determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorneys’ fees, incurred by the County, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the County should otherwise agree with permittee to waive said fees or any part thereof. [Ord. 5439 § 8, 2023].

13.10.662 Wireless communication facilities in public rights-of-way.

(A)    Purpose. The purpose of this section is to establish a process for managing, and providing uniform standards for acting upon, requests for the siting of wireless communication facilities within the public rights-of-way of Santa Cruz County consistent with the County’s obligation to promote public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not inconvenienced by the use of the public rights-of-way for the siting of wireless facilities. The County recognizes the importance of wireless communication facilities to provide high-quality communications service to the residents and businesses within the County, and the County also recognizes its obligation to comply with applicable State and Federal law regarding the placement of wireless communication facilities in its public rights-of-way. This section shall be interpreted as consistent with those provisions.

(B)    Scope.

(1)    General. A wireless encroachment permit shall be subject to all the same requirements as an encroachment permit would under Chapter 9.70 SCCC in addition to all the requirements of this section. Unless exempted, placement of a wireless communication facility in the public right-of-way or modification of an existing wireless facility in the public right-of-way requires a wireless encroachment permit authorizing the siting, design, or modification in accordance with this chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by State or Federal law, no other wireless facilities shall be permitted pursuant to this section.

(2)    Exemptions. This section does not apply to:

(a)    The siting or modification of facilities by the County or by any other agency of the State solely for public safety purposes.

(b)    Installation of temporary cell service structures for a fixed period of time in connection with an emergency or event, but no longer than required for the emergency or event; provided, that installation does not involve significant excavation, movement, or removal of existing facilities.

(3)    Other Applicable Requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the right-of-way requires the persons who will own or control those facilities to obtain all permits required by applicable law, including but not limited to a coastal development permit, and to comply with applicable law, including, but not limited to, applicable law governing RF emissions.

(4)    Preexisting Facilities in the Right-of-Way. Any wireless facility already existing in the right-of-way as of the date of this section’s adoption shall remain subject to the provisions of the County Code in effect prior to this section, unless and until an extension of such facility’s then-existing permit is granted, at which time the provisions of this section shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such preexisting facilities shall be conducted pursuant to this section, rather than the portion(s) of the County Code that it was previously reviewed under.

(5)    Public Use. Except as otherwise provided by California law, any use of the public right-of-way authorized pursuant to this section will be subordinate to the County’s use and use by the public.

(C)    General Standards for Wireless Facilities in the Public Right-of-Way.

(1)    Generally. Wireless facilities in the right-of-way shall meet the minimum requirements set forth in this section and all applicable requirements in the County’s wireless regulations, in addition to the requirements of any other applicable State or Federal law.

(2)    Regulations. The wireless regulations outlined in this section shall apply, unless it is determined that an applicant has established that denial of an application would, within the meaning of Federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this section may be waived but only to the minimum extent required to avoid the prohibition or violation.

(3)    Minimum Standards. Wireless facilities shall be installed and modified in a manner consistent with this section; minimize risks to public safety; avoid placement of aboveground facilities in underground utility districts; maintain the integrity and character of the neighborhoods and corridors in which the facilities are located; ensure that installations are subject to periodic review to minimize the intrusion on the rights-of-way; ensure that the County bears no risk or liability as a result of the installations; and provide that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the County or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights-of-way.

(4)    Objective Criteria. The required criteria for review of wireless communication facilities in public rights-of-way shall be as follows:

(a)    Prohibited Locations.

(i)    County-owned traffic signal infrastructure in the public right-of-way.

(ii)    Locations requiring the removal or significant modification of any existing public infrastructure or landscaping.

(iii)    Locations directly in front of residences on either side of the street or within driveway and intersection sight lines.

(iv)    Locations on strand or overhead lines.

(v)    Locations within 300 feet of another small cell wireless facility and any associated equipment; provided, however, this restriction may be waived upon a demonstration that the refusal to allow an additional facility within a 300-foot radius will otherwise violate an applicable State or Federal law.

(vi)    Decorative poles.

(b)    Design (Wood Utility Poles).

(i)    Small cell wireless facilities in the public right-of-way attached to existing or replacement utility poles shall not extend the existing pole to a height of more than 50 feet or by more than 10 percent, whichever is greater.

(ii)    No more than one small cell wireless facility and associated equipment per pole.

(iii)    Antennas may be either top-mounted or side-mounted and must match the pole profile. Side-mounted antennas shall not exceed the height of the pole with no visible cabling allowed. Top-mounted antennas must blend with the top of the pole, utilizing an antenna skirt to conceal cabling. Each antenna shall not exceed three cubic feet in volume, excluding mounting hardware and cabling.

(iv)    Side-mounted antennas shall maintain a maximum two-foot horizontal clearance from the centerline of the pole when affixed between supply and communication lines or below communication lines.

(v)    Horizontal clearances from the centerline of the pole for wireless equipment affixed between supply lines or at the top of a climbable pole shall be minimized and arranged so the pole may be climbed safely.

(vi)    Antennas shall be shrouded or otherwise concealed using stealth technologies or camouflage techniques.

(vii)    All wireless equipment shall be placed in ground-mounted cabinets and/or cabinets flush-mounted on the pole and stacked vertically on one side of the pole, and no pole-mounted cabinet shall exceed 18 inches in height. Individual cabinets shall not exceed the width of the pole where mounted and shall not extend more than 12 inches from the pole. Wireless equipment and combined volume of all cabinets shall not exceed 28 cubic feet. Cabinets shall be mounted behind any existing road signs located on a pole and not block any road signs.

(viii)    Cooling fans are prohibited, and all equipment cabinets must be passively cooled.

(ix)    All wireless equipment shall be painted to match the color of the pole. No visible cabling is allowed.

(x)    Minimum height clearance for equipment mounted to the outside of the pole shall be seven feet above grade.

(xi)    All unnecessary equipment manufacturers’ logos or decals shall be removed or painted over.

(xii)    Any required lighting on equipment shall be shielded from public view.

(xiii)    All required radiofrequency warning signs and labels shall be posted in conspicuous locations.

(c)    Design (Metal Streetlight Poles).

(i)    Small cell wireless facilities in the public right-of-way attached to existing or replacement street light poles shall not extend the existing pole to a height of more than 50 feet or by more than 10 percent, whichever is greater.

(ii)    No more than one small cell wireless facility and associated equipment per pole.

(iii)    Replacement streetlight poles shall match existing streetlights in the area in pole height, color, diameter, cobra arm height and design, luminaire design and intensity, and maintain a uniform appearance.

(iv)    Antennas shall be top-mounted within an antenna shroud and blend with the top of the pole, utilizing an antenna skirt to conceal cabling and create a tapered transition. Each antenna shall not exceed three cubic feet in volume, excluding mounting hardware and cabling. All other wireless equipment shall not exceed 28 cubic feet in volume.

(v)    All wireless equipment shall be placed in ground-mounted cabinets or housed inside the pole or mounted directly above the top of the light arm connection within the antenna shroud.

(vi)    Electrical supply lines must be undergrounded. No overhead lines are allowed.

(vii)    Cooling fans are prohibited, and all equipment must be passively cooled.

(viii)    All electrical infrastructure shall be separate from the County’s streetlight infrastructure.

(ix)    All unnecessary manufacturers’ logos or decals on the pole shall be removed or painted over to match the pole color.

(x)    All required radiofrequency warning signs and labels shall be posted in conspicuous locations.

(xi)    All current attachments to a pole, such as signs, decorative vegetation, banners, pole number labels, etc., shall remain on the pole and continue to fulfill its intended purpose.

(5)    Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.

(6)    Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No infrastructure, structure, improvement, or property owned by the County shall be moved to accommodate a permitted activity or encroachment, unless the County determines that such movement will not adversely affect the County or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the County’s structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the County with documentation establishing to the County’s satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or County utility easement to be affected by permittee’s facilities.

(7)    Modifications. No changes shall be made to the approved plans without review and approval in accordance with this section.

(8)    New Infrastructure. Except for ground-mounted equipment cabinets, any new infrastructure for wireless communication facilities in the right-of-way shall be considered a new wireless facility and must comply with the requirements set forth in SCCC 13.10.660 and 13.10.661. Any replacement infrastructure, unless replaced in kind pursuant to subsection (C)(4) of this section, for the purpose in whole or in part to accommodate wireless communication facilities in the right-of-way shall be considered a new wireless facility for purposes of this chapter.

(9)    Public Art. Permittee shall participate in the Santa Cruz County Parks Department’s Outside the Box art program (or its successor) to cover all related ground-mounted equipment cabinets in the public right-of-way with public art. This requirement may be waived by the Director where ground-mounted equipment is determined not to be visually intrusive.

(D)    Applications for Wireless Facilities in the Public Right-of-Way. Wireless communication facilities in the right-of-way shall comply with all applicable goals, objectives, and policies of the General Plan/Local Coastal Program, area plans, zoning regulations, and development standards; and all applications shall be subject to the California Environmental Quality Act and shall not be accepted as submitted or reviewed until an application fee is received.

(1)    Preapplication Meeting. Prior to application submission, an applicant is strongly encouraged, not required, to schedule a preapplication meeting with the Director of Public Works or their designee to discuss the proposed facility(ies), the requirements of this section, and any potential impacts of the proposed facility(ies). This meeting shall not be considered the first required step in submission of an application.

(2)    Application Fee(s). The first required step in the application submission process is the payment and receipt of the application fee(s). The Board of Supervisors is authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless permit unless paid as a refundable deposit.

(3)    Submission. An applicant shall submit a paper copy, unless the County advises otherwise, and an electronic copy of any application, amendment or supplement to an application, or responses to requests for information regarding an application to the Director of Public Works at 701 Ocean Street, Room 410, Santa Cruz, California, 95060.

(4)    Content. An applicant shall submit an application on the forms approved by the Director of Public Works, which may be updated from time to time, and which shall require the submission of all required fees, documents, information, and any other materials necessary to allow the Director of Public Works or their designee to confirm the required objective findings and ensure that the proposed facility(ies) will comply with applicable local, State, and Federal law and will not endanger the public health, safety, or welfare. The application shall include a completed checklist, on a form supplied by the County, representing that each item required for a complete application is included in the submission.

(5)    Waivers. Requests for waivers from any requirement of the wireless regulations shall be made in writing to the Director of Public Works. The Director of Public Works may grant or deny a request for a waiver pursuant to this subsection. The Director of Public Works may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the County will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be granted only on a case-by-case basis and narrowly tailored to minimize deviation from the requirements of the County Code.

(6)    Rejection for Incompleteness. For small cell wireless communication facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. When an application is determined to be incomplete, the Director of Public Works or their designee shall notify the applicant and specify the material omitted from or information needed to complete the application.

(E)    Administration. The Director of Public Works is responsible for administering the County’s small cell wireless facility regulations in the right-of-way. As part of the administration of these regulations, the Director of Public Works may:

(1)    Interpret the provisions of this section;

(2)    Develop forms, procedures, administrative practice guidelines, and application requirements related to siting or modification of wireless facilities;

(3)    Determine the amount of and collect, as a condition of accepting any application, the fees established by resolution of the Board of Supervisors or the County Code;

(4)    Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;

(5)    Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;

(6)    Require, as part of and as a condition of completeness of any application, notice to members of the public that may be affected by the siting or modification of the wireless facility and proposed changes to any support structure;

(7)    Subject to appeal as provided in Chapter 18.10 SCCC, determine whether to approve, approve subject to conditions, or deny an application; and

(8)    Take such other steps as may be required to timely act upon applications for siting of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.

(F)    Permit Duration. A wireless encroachment permit shall be valid for a period of 10 years, unless pursuant to another provision of the County Code it expires sooner, or is terminated. At the end of 10 years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either: (1) remove the facility within 30 days following the permit’s expiration (provided, that removal of a support structure owned by the County, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the County); or (2) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the County and all appeals from the County’s decision exhausted.

(G)    Inspections—Emergencies. The County or its designee may enter onto the facility area to inspect the facility upon 48 hours’ prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the County. The County reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The County shall make a good faith effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.

(H)    No Right, Title, or Interest. The permission granted by a wireless encroachment permit shall not in any way constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby. No possessory interest is created by a wireless encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee acknowledges that County has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a wireless encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any possessory interest taxes or other taxes, fees, and assessments levied against permittee’s right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.

(I)    Agreement with County. If not already completed, permittee shall enter into the appropriate agreement with the County, as determined by the County, prior to constructing, attaching, or operating a facility on County-owned infrastructure, buildings, or support structures. An encroachment permit is not a substitute for such agreement.

(J)    Installation without a Permit. A wireless facility installed without a wireless encroachment permit (except for those exempted under this section) must be removed; provided, that removal of a support structure owned by the County, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed but must be restored to its prior condition, except as specifically permitted by the County. All costs incurred by the County in connection with the revocation and removal shall be paid by persons or entities who own or control any part of the wireless facility. [Ord. 5439 § 8, 2023].

13.10.663 Modifications to wireless communication facilities.

(A)    Eligible Facilities Requests. This section implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, as interpreted by the Federal Communications Commission, which requires the County to approve any eligible facilities request for a modification of transmission equipment of an existing tower or base station submitted with a written request for approval under Section 6409(a) that does not result in a substantial change to the physical dimensions of such tower or base station.

(B)    Application. Applicants shall comply with the requirements set forth in SCCC 13.10.661 unless the Director has waived specific requirements in writing prior to submission. Requests for information related to the proposed modification shall be limited to the information necessary for the County to consider whether an application is an eligible facility request. The application does not require the applicant to demonstrate a need or business case for the proposed modification. An application will not be accepted as submitted without payment of required fees.

(C)    Review. Upon receipt of an application and payment of required application fees for an eligible facilities request pursuant to this section, the Planning Department shall review such application to determine whether the application so qualifies.

(D)    Timeframe for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this section, the County shall approve the application unless it determines that the application is not an eligible facilities request and not otherwise covered by this section.

(E)    Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the County and the applicant, or in cases where the County determines that the application is incomplete.

(1)    To toll the timeframe for incompleteness, the County will provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application. The application is considered submitted when a valid payment for the application is received.

(2)    The timeframe for review begins running again when the applicant makes a supplemental submission in response to the County’s notice of incompleteness.

(3)    Following a supplemental submission, the County will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness will not specify missing documents or information that were not delineated in the original notice of incompleteness.

(F)    Interaction with Telecommunications Act Section 332(c)(7). If the County determines that the applicant’s request is not covered by Section 6409(a) as delineated under this section, the presumptively reasonable timeframe under Section 332(c)(7) will begin to run from the issuance of the County’s decision that the application is not a covered request. To the extent such information is necessary, the County may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.

(G)    Substantial Change. An eligible facilities request for a modification, including co-location, replacement, or removal, of the transmission equipment of an existing tower or base station will result in a substantial change if any of the following are found:

(1)    Towers outside public rights-of-way:

(a)    Cumulatively increases height by more than 20 feet or 10 percent, whichever is greater;

(b)    Protrudes from edge of tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater;

(2)    Towers in public rights-of-way and for all base stations:

(a)    Cumulatively, increases height of tower or base station by more than 10 percent or 10 feet, whichever is greater;

(b)    Protrudes from the edge of the structure more than six feet;

(3)    Involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;

(4)    Entails any excavation or deployment outside the current site of the tower or base station except that, for tower outside public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction;

(5)    Would defeat existing concealment elements of the tower or base station; or

(6)    Does not comply with conditions associated with the prior approval of the tower or base station unless non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding “substantial change” thresholds.

(H)    Failure to Act. In the event the County fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted. [Ord. 5439 § 8, 2023].

13.10.664 Indemnification for wireless communication facilities.

No permit shall be issued pursuant to SCCC 13.10.660 through 13.10.663, inclusive, until the permittee has executed and filed with the County an indemnity agreement satisfactory to the Office of the County Counsel. The permittee shall be responsible for and indemnify the County from all claims, demands, expenses (including attorneys’ fees) or liability, including but not limited to personal injury and property damage arising out of or related to the subject of, or work contemplated by, the permit. If any claim of such liability is made against the County, its Board of Supervisors, officers, officials or employees, permittee shall defend, indemnify, and hold the County, its Board of Supervisors, officers, officials, and employees, harmless from such claim. [Ord. 5439 § 8, 2023].

13.10.665 Required findings for wireless communication facilities.

Repealed by Ord. 5439. [Ord. 4769 § 2, 2004; Ord. 4743 § 2, 2003; Ord. 4714 § 2, 2003].

13.10.666 Site restoration upon termination/abandonment of wireless communication facilities.

Repealed by Ord. 5439. [Ord. 4769 § 2, 2004; Ord. 4743 § 2, 2003; Ord. 4714 § 2, 2003].

13.10.667 Indemnification for wireless communication facilities.

Repealed by Ord. 5439. [Ord. 4769 § 2, 2004; Ord. 4743 § 2, 2003; Ord. 4714 § 2, 2003].

13.10.668 Telecommunications Act exception procedure.

Repealed by Ord. 5439. [Ord. 4769 § 2, 2004; Ord. 4743 § 2, 2003; Ord. 4714 § 2, 2003].

13.10.670 Medical marijuana cooperatives.

Repealed by Ord. 5169. [Ord. 5090 § 3, 2011].

Article VI. Open Space Regulations

13.10.671 Use of nondevelopable land.

Development use within areas identified on the General Plan and Local Coastal Program Land Use Plan as nondevelopable land (see definition SCCC 13.10.700-D, “developable land”) shall be considered only when consistent with all General Plan and County Code resource protection and hazard mitigation requirements where applicable, and only in the following circumstances:

(A)    For use consistent with the maintenance of the area as open space.

(B)    For the placement of utilities where they cannot be located out of the proposed use areas. [Ord. 3432 § 1, 1983].

13.10.672 Use of urban open space land.

Development or uses within areas identified on the General Plan and Local Coastal Program Land Use Plan as urban open space shall be permitted only when consistent with all applicable General Plan and County Code resource protection and hazard mitigation requirements where applicable, and only in the following circumstances:

(A)    For one single-family dwelling on an existing parcel of record. The dwelling may only be located on nondevelopable land if there is no developable land on the parcel. Adverse environmental impacts shall be mitigated.

(B)    For the uses identified in SCCC 13.10.671. [Ord. 3432 § 1, 1983].

13.10.673 Lot line adjustment applications regarding additional building sites and parcel size.

(A)    No additional building sites shall be created as a result of a lot line adjustment.

(B)    No parcel subject to General Plan designation as agriculture and agricultural resource may be reduced in size by a lot line adjustment, unless it can be demonstrated that the proposed adjustment will not adversely affect continued and/or future agricultural use of economically viable agricultural land which is located on the parcels which are the subject of the lot line adjustment, or adjacent to such parcels.

(C)    No parcel subject to the General Plan designation as timber production and timber resource may be reduced in size by a lot line adjustment unless all such parcels after adjustment are designed to maintain the timber harvest and management potential of the property.

(D)    Technical studies may be required prior to approval of any lot line adjustment to confirm that all resultant parcels include building sites that meet existing criteria, unless a declaration of restrictions in favor of the County is recorded identifying the parcel in question as not buildable in perpetuity absent County agreement to the contrary.

(E)    No lot line adjustment shall be approved unless it is consistent with the General Plan, specific plan and Local Coastal Plan (where applicable). A lot line adjustment shall be deemed to be consistent with parcel size requirements if it complies with the minimum parcel size required by the zoning designation. For the purposes of this subsection the term “minimum parcel size required by the zoning designation” shall mean the minimum parcel size allowed by any of the following:

(1)    The zoning ordinance adopting a designation for the parcel in question;

(2)    If the zoning is inconsistent with the General Plan, the lowest density end of the density range allowed by the General Plan density designation; or

(3)    If the zoning density is required to be determined pursuant to the rural matrix calculation under Chapter 13.14 SCCC, the highest density end of the density range allowed by the General Plan density designation. No matrix calculation shall be required for this purpose. [Ord. 4281 § 4, 1993; Ord. 4132 § 6, 1991].

Article VII. Residential Special Uses

13.10.680 Tiny Homes on Wheels.

(A)    Purpose. The purpose of this section is to provide for and regulate Tiny Homes on Wheels in order to provide needed housing for County residents and to further the housing goals of the Housing Element of the County General Plan.

(B)    “Tiny Home on Wheels (THOW)” shall be defined per SCCC 13.10.700-T: An independent dwelling unit, maximum 400 gross square feet, excluding loft area space if that loft area space meets the requirements of Government Code Section 18009.3(b) and Section 18033 and maximum 14 feet in width at the maximum horizontal projection. It provides complete independent living facilities for one or more persons and is built upon a single chassis and is towable by a hitch mechanism and cannot move under its own power. It may only be transported upon the public highway with permit issued pursuant to Vehicle Code Section 35780.

(C)    General Requirements.

(1)    A THOW may function as a single-family dwelling as the primary unit or in place of an accessory dwelling unit (ADU) such that the total number of dwelling units on a parcel does not exceed the total number of dwelling units allowed on that parcel per provisions of state and local regulations. Only one THOW shall be allowed per parcel.

(2)    THOWs that function as the primary unit shall be subject to all provisions of this code that apply to single-family dwellings in addition to the requirements of this section.

(3)    THOWs that function as an ADU shall be subject to all provisions of SCCC 13.10.681 as they apply to new construction ADUs in addition to the requirements in this section.

(4)    THOWs shall not be used as vacation rentals.

(D)    Site Requirements.

(1)    THOW Location on a Parcel.

(a)    The THOW as an ADU shall be detached from the primary dwelling unit.

(b)    A THOW shall not be located in an existing driveway.

(c)    Parking Pad.

(i)    Bumper guards, curbs, or other installations shall be adequate to prevent movement of the THOW.

(ii)    The wheels shall not be removed and the parking pad shall be a level surface paved with two inches of asphalt concrete over five inches of Class II base rock or equivalent permeable or nonpermeable surface so as to provide a durable, dustless surface, and shall be graded and drained so as to prevent erosion and disperse surface water.

(2)    Access.

(a)    The THOW parking pad shall be accessible by a path of travel such that the THOW is towable onto and off the property.

(3)    Size.

(a)    The maximum size is as required to allow for towing on public roadways, but not to exceed 400 square feet.

(4)    Development Standards.

(a)    Meet all development standards in SCCC 13.10.681 and the maximum height of a THOW shall be as established by the California Department of Motor Vehicles for towing on public roads, but not to exceed 14 feet.

(E)    Utilities.

(1)    Electricity. The THOW shall be connected to a source of electricity in compliance with the latest edition of the California Electrical Code and local ordinance. If not connected to the local electric utility power source, an off-grid system may be used that is designed to provide sufficient power based on the expected loads. All off-grid systems shall include solar panels and battery storage. Within the Urban and Rural Service Lines a THOW shall not rely on a generator as a primary or stand-by source of electric power. Outside the Urban and Rural Service Lines a THOW shall not rely on a generator as a primary source of electric power and may include provisions for connection to a generator and meet all requirements of the California Electrical Code and local ordinance. Outside the Urban and Rural Service Lines, the generator shall be a stationary emergency stand-by generator as defined in, and in compliance with all provisions of, Chapter 13.15 SCCC, Noise Planning.

(2)    Water and Sewer. The THOW shall be connected to the approved water source and sewage disposal facility in compliance with the latest edition of the California Plumbing Code and local ordinance.

(F)    Design.

(1)    Incorporate design features and materials typically used for houses, such as siding or roofing materials, pitched roofs, eaves, and residential windows.

(2)    Windows shall be at least double pane glass and shall include exterior trim or other design features to mimic windows on a building.

(3)    The roof and exterior walls shall be fixed with no slide-outs, tip-outs, or other forms of mechanically articulating extensions that expand the interior space of the THOW.

(4)    Mechanical equipment that is not incorporated within the structure shall be screened from public view and shall not be located on the roof. Plumbing vents and low-profile exhaust fans may be located on the roof. Electrical, and plumbing hook ups shall similarly be screened from public view.

(5)    Skirting. When parked on its parking pad, the THOW shall include skirting to conceal the wheels and undercarriage.

(6)    THOWs located in Wildland Urban Interface shall be designed with materials and construction methods for exterior wildfire exposure in compliance with Section R337 of the California Residential Code and local ordinance.

(G)    Occupancy. A THOW that functions as an ADU may be excepted from the sales restrictions of SCCC 13.10.681(G)(2) in that the THOW may be conveyed separately from the primary residence.

(H)    THOW Permit.

(1)    Prior to moving a THOW onto any property, a ministerial THOW building permit shall be obtained authorizing parking and occupancy of each THOW on the property pursuant to Chapter 12.01 SCCC.

(2)    The THOW permit shall expire upon removal of the THOW from the property where it is permitted.

(3)    On the property where it is permitted, the THOW permit shall be subject to renewal every five years or when the THOW is conveyed to a new owner, whichever occurs first. The permit renewal process may include a site inspection by County staff.

(4)    Inside the Coastal Zone, a THOW that functions as a primary unit shall be required to obtain a coastal development permit pursuant to the provisions of Chapter 13.20 SCCC.

(5)    Inside the Coastal Zone, a THOW that functions as an ADU that does not meet the standard for exemption or exclusion under SCCC 13.20.050 or 13.20.051 requires issuance of a coastal development permit (CDP) with noticing and appeal requirements per SCCC 13.20.107 and 13.20.108, and subject to findings per SCCC 13.20.110. CDPs for THOWs located in the Commercial Agricultural (CA) zone district, the Parks and Recreation (PR) zone district, and the Timber Production (TP) zone district shall be subject to additional permit processes and findings applicable to those zone districts.

(6)    The THOW shall be registered annually with the DMV and all required annual registration fees shall be paid, including the Vehicle License Fee. Failure to register and pay all DMV fees annually shall cause the THOW permit to expire.

(I)    Application Processing. The following additional information shall be submitted with the required information for a building permit application for a THOW:

(1)    Certificate indicating that the THOW has been constructed in accordance with Standard No. A119.5 of the Standards of the American National Standards Institute (ANSI-A119.5 Park Model RV Standard).

(2)    Valid DMV registration for towing to parking location.

(J)    Administration. The Director is responsible for administering the County’s THOW regulations. As part of the administration of these regulations, the Director may:

(1)    Interpret the provisions of this section and any other THOW regulations adopted by the Board of Supervisors;

(2)    Develop forms, procedures, administrative practice guidelines, and application requirements related to siting of THOW; and

(3)    Determine the amount of and collect, as a condition of accepting any application, including an application for permit renewal, the fees established by resolution of the Board of Supervisors or the County Code. Such fees shall include, but are not limited to, a THOW monitoring fee and a THOW permit renewal fee. [Ord. 5413 § 1, 2022].

13.10.681 Accessory Dwelling units.

(A)    Purpose. The purpose of this section is to provide for and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in order to provide needed housing for County residents and to further the housing goals of the Housing Element of the County General Plan.

(B)    Definitions. For the purposes of this section, terms shall be defined as follows:

(1)    “Accessory Dwelling Unit” (ADU) shall be defined per SCCC 13.10.700-A: In compliance with California Government Code Section 65852.2, an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for eating, cooking (area meeting the definition of Kitchen), and sanitation. A tiny home on wheels may be used as an ADU.

(2)    “Junior Accessory Dwelling Unit” (JADU) shall be defined per SCCC 13.10.700-J: In compliance with California Government Code Section 65852.22, a residential living area contained within a proposed or existing single-family residence that is no more than 500 square feet in size. JADUs can include additions to an existing structure of no more than 150 square feet. JADUs shall include independent provisions for living, sleeping, eating, and cooking (area meeting the definition of Efficiency Kitchen but not a standard Kitchen), and shared or separate sanitation facilities with the main dwelling unit.

(3)    “New Construction ADU” shall be defined per SCCC 13.10.700-N: An ADU that does not meet the definition of Conversion ADU. A tiny home on wheels may be used as a new construction ADU.

(4)    “Conversion ADU” shall be defined per SCCC 13.10.700-C: The conversion of any portion of a legal accessory structure, or any portion of a single-family dwelling, or any garage, for the purpose of creating an ADU. Conversion ADUs can include demolition and rebuilding of a structure with the same footprint and building envelope. Conversion ADUs can also include additions of up to 150 square feet. Any conversion that exceeds this limit shall be considered a New Construction ADU for the purposes of this section.

If converting an existing accessory structure, applicant must be able to show that the structure was erected with all required permits, or that the structure is legal nonconforming. Structures that were built without benefit of permits are not eligible for conversion under this section and must be processed as a New Construction ADU.

(5)    “Attached,” in reference to ADUs throughout the Santa Cruz County Code, shall mean sharing any part of a wall, ceiling or floor with the primary dwelling on the property, with the ADU located above, below, beside, or in some combination with the primary dwelling on the property.

(6)    “Detached,” in reference to ADUs throughout the Santa Cruz County Code, shall mean any ADU that does not meet the definition of “Attached.”

(C)    Accessory Use. ADUs and JADUs are accessory uses to the primary residential dwelling and shall not be considered in calculation of residential density for a parcel.

(D)    Site Requirements. Before a permit for an ADU or JADU can be granted, the following requirements shall be met:

(1)    Zoning and General Plan. The parcel must allow residential land use either by zoning or General Plan designation.

(2)    Presence of Primary Dwelling Unit. A primary dwelling unit must exist or be proposed for construction concurrently with the proposed ADU or JADU.

(a)    Exception. An ADU may be constructed prior to a primary dwelling in the case of rebuilding after a disaster. The location for the development envelope for the future primary dwelling must be indicated on the plans submitted for the ADU.

(3)    Number of ADUs Allowed.

(a)    Single-Family Dwellings. On parcels with existing or proposed single-family dwellings: one ADU and one JADU are allowed per single-family dwelling.

(i)    Dwellings that share walls but are located on separate parcels with separate building footprints (such as townhomes or halfplexes) are considered single-family dwellings for the purposes of determining the number of ADUs allowed.

(ii)    Properties with dwelling groups (multiple single-family dwellings) are allowed one ADU and one JADU per single-family dwelling if the dwelling group is conforming with maximum density for the zone district. An existing dwelling in a dwelling group may be relabeled as an ADU if it meets ADU use and development standards. If the dwelling group is nonconforming with maximum density for the zone district, see SCCC 13.10.261(B)(3).

(b)    Multifamily Dwellings. On parcels with existing or proposed attached multifamily dwellings, such as apartments, condominiums, or a combination of single- and multifamily dwellings, the following are allowed:

(i)    Up to two detached ADUs, which may be attached to each other; and

(ii)    Conversion ADUs associated with up to 25 percent of multifamily units. Conversion ADUs in multifamily developments must be converted from areas not previously used as living space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.

(c)    Nonconforming Land Uses. Regardless of existing dwelling conformity with land use and density requirements for a parcel’s zone district or General Plan designation, permitted single-family dwellings shall be subject to subsection (D)(3)(a) of this section and permitted multifamily dwellings shall be subject to subsection (D)(3)(b) of this section.

(4)    ADU Location on a Parcel.

(a)    ADUs may be attached or detached from the primary dwelling unit. JADUs must be attached.

(b)    ADUs and JADUs shall be subject to the setback requirements in subsection (D)(7)(a) of this section.

(5)    Access. The ADU or JADU shall have an exterior entrance that is independent of the existing primary dwelling. A JADU may also be internally connected to the primary dwelling.

(6)    Unit Size. The habitable floor area as defined in SCCC 13.10.700-H shall be as follows:

(a)    Minimum unit size, JADU or ADU: 150 square feet (“efficiency unit” per California Health and Safety Code Section 17958.1).

(b)    Maximum unit size, JADU: 500 square feet.

(c)    Maximum unit size, ADU:

(i)    Conversion ADU: No maximum size.

(ii)    New Construction ADU, Attached:

A.    Parcel size less than one acre: 850 square feet (studio or one bedroom), 1,000 square feet (two or more bedrooms), or 50 percent of primary dwelling habitable square footage, whichever is smaller.

B.    Parcel size greater than or equal to one acre: 50 percent of primary dwelling habitable square footage.

(iii)    New Construction ADU, Detached:

A.    Parcel size less than one acre: 850 square feet (studio or one bedroom), 1,000 square feet (two or more bedrooms).

B.    Parcel size greater than or equal to one acre: 1,200 square feet.

(iv)    Regardless of subsections (D)(6)(c)(i) through (iii) of this section, an ADU of at least 800 square feet shall be allowed.

(7)    Development Standards. All development standards for the applicable zone district shall be satisfied and the development shall be consistent with all County policies and ordinances, except that regardless of any other zone district standards, the following provisions shall apply to ADUs:

(a)    Setbacks.

(i)    JADUs and Conversion ADUs.

A.    Additions up to 150 square feet shall meet setback requirements for New Construction ADUs.

B.    Existing structures with nonconforming setbacks can be demolished and rebuilt with the same setbacks, except where larger setbacks are required pursuant to Chapter 7.92 SCCC (Fire Code), Chapter 12.10 SCCC (Building Regulations), or SCCC Title 16 (Environmental and Resource Protection).

(ii)    New Construction ADUs. ADUs shall comply with front setbacks for the applicable zone district. Minimum side and rear setbacks shall be four feet or the setback for the applicable zone district, whichever is less, including on double frontage lots and corner lots, with the following exceptions:

A.    An eight-foot rear yard setback is required for any portion of an ADU that is more than 16 feet tall. Stairways may encroach into the rear yard setback if stairway windows are minimum 52 inches from floor level.

B.    Setbacks shall be sufficient for fire safety in conformance with Chapter 7.92 SCCC (Fire Code) and Chapter 12.10 SCCC (Building Regulations).

C.    ADUs shall be subject to environmental buffers and constraints identified per SCCC Title 16 (Environmental and Resource Protection), including but not limited to riparian corridors, geologic hazards, sensitive habitats, and agricultural buffers.

D.    On parcels zoned or designated agricultural, a detached ADU shall be located within 100 feet of the primary dwelling on the property unless additional distance is required to meet the minimum agricultural buffer setback standards in SCCC 16.50.095.

E.    ADUs located in the Seascape Beach Estates Combining District shall meet the setback requirements in SCCC 13.10.436.

(iii)    Minimum separation distance between ADUs and other structures shall be three feet.

(b)    Height.

(i)    JADUs and Conversion ADUs. Additions up to 150 square feet shall meet height standards for New Construction ADUs.

(ii)    New Construction ADUs. Height is subject to the applicable zone district height standard with the following exceptions:

A.    Inside the urban services line, new construction detached ADUs shall be a maximum of 16 feet. This exception does not apply in the Seascape Beach Estates Combining District (see SCCC 13.10.436).

B.    Inside the urban services line, ADUs that are built above detached garages shall be a maximum of 20 feet at exterior wall and 24 feet at roof peak. This exception does not apply in the Pleasure Point or Seascape Beach Estates Combining Zone Districts.

C.    Inside the Pleasure Point Combining Zone District, ADUs that are built above attached and detached garages shall be maximum 18 feet at exterior wall and 22 feet at roof peak.

D.    Building height up to five feet in excess of an applicable zoning standard, but in no case exceeding 28 feet, may be allowed subject to design review findings (SCCC 13.11.052), development permit findings (SCCC 18.10.230), and the coastal view protection standards of SCCC 13.20.130(B)(7) (if located in the coastal zone), and subject to approval by the Zoning Administrator following a public hearing.

(c)    Lot Coverage and Floor Area Ratio (FAR).

(i)    Parcels with ADUs and JADUs shall meet lot coverage and FAR standards for the applicable zone district, except that JADU and/or ADU square footage up to 800 square feet may be excluded from FAR and lot coverage calculations for both existing and new parcels.

(ii)    ADUs and JADUs shall not be counted in large dwelling unit calculations per SCCC 13.10.325.

(d)    Parking.

(i)    JADUs and Conversion ADUs: no required off-street parking for the JADU and/or Conversion ADU.

(ii)    New Construction ADUs: one off-street parking space per ADU.

A.    ADU parking can be provided as double or triple tandem parking.

B.    ADU parking may be located within setback areas unless findings are made that parking in setback areas is not feasible based upon specific site or regional topographical and/or fire and life safety conditions.

C.    If the primary dwelling unit has less than the required parking per SCCC 13.10.552, one new parking space must be provided for the ADU but parking for the primary dwelling may remain nonconforming.

D.    No additional parking for an ADU shall be required if the ADU is located within one-half mile walking distance of any public transit stop, within a designated historic district, or within one block of a dedicated parking space reserved for a publicly available car share vehicle.

(iii)    Parking Permits. Where parking permits are required for on-street parking during any part of the year, permits shall be offered to the occupants of the ADU and/or JADU.

(iv)    Replacement Parking. When a garage, carport, covered parking structure, or surface parking is demolished or converted for construction of an ADU or JADU, no replacement parking is required for the primary dwelling unit.

(v)    Special Coastal Zone Parking Requirements. In the following coastal zone locations, one parking space is required for New Construction ADUs, with no exceptions, and replacement parking is required when existing parking is demolished or converted for construction of an ADU:

A.    Live Oak Designated Area (LODA) as defined in SCCC 13.10.694(C).

B.    Sea Cliff/Aptos/La Selva Designated Area (SALSDA) as defined in SCCC 13.10.694(C).

C.    Davenport/Swanton Designated Area (DASDA) as defined in SCCC 13.10.694(C).

D.    Opal Cliff Drive between 41st Avenue and the City of Capitola.

(8)    Existing Conditions of Approval. Proposed additions associated with Conversion ADUs shall comply with any existing development permit conditions of approval that are not otherwise superseded by provisions of SCCC 13.10.681.

(9)    Other Accessory Uses.

(a)    One ADU may be associated with a single-family dwelling unit on a parcel that also has farmworker housing as defined in SCCC 13.10.631.

(b)    Non-ADU habitable and nonhabitable accessory structures may be allowed subject to all applicable requirements of the underlying zone district and SCCC 13.10.611.

(10)    Utility, Infrastructure, and Service Requirements.

(a)    Life Safety. All requirements of the respective service agencies shall be satisfied, and all ADUs shall comply with all applicable provisions of Chapter 7.92 SCCC (Fire Code) and Chapter 12.10 SCCC (Building Regulations).

(i)    Fire sprinklers shall not be required for an ADU or JADU where they are not also required for the primary dwelling, except sprinklers are required for detached ADUs larger than 1,200 square feet and ADUs that constitute or are part of an addition to the primary dwelling equal to more than 50 percent of the existing primary dwelling square footage per California Residential Code Section R313.2.

(ii)    For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit if an internal connection to the primary dwelling unit is maintained.

(iii)    ADUs and JADUs that do not have an internal connection to the primary dwelling shall maintain a separate street address from the primary dwelling unit.

(b)    Utility Connections and Fees.

(i)    JADUs and Conversion ADUs: new utility connection or capacity charges may only be charged for Conversion ADUs and JADUs built concurrently with a primary dwelling.

(ii)    New Construction ADUs: A local agency, special district, or water corporation may require a new or separate utility connection directly between the ADU and the utility, subject to a connection fee or capacity charge proportionate to the burden of the ADU on the water or sewer system, based upon either the square footage of the ADU or its drainage fixture unit values as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials.

(iii)    The sewage disposal system and water supply for the parcel shall comply with all applicable requirements of the Environmental Health Officer.

A.    As part of the application to create an ADU connected to an on-site water treatment system, a percolation test must be completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

(c)    Public Improvements. Frontage improvements and other public right-of-way work cannot be required as a condition of approval for an ADU or JADU, unless required per Chapter 7.92 SCCC (Fire Code) or Chapter 12.10 SCCC (Building Regulations) or to correct illegal right-of-way encroachments.

(E)    Nonconforming Conditions. Correction of existing nonconforming zoning conditions cannot be required as a condition of ADU or JADU approval.

(F)    Design.

(1)    Architectural Design. Exterior design of ADUs and JADUs that are visible from a road or other public area shall include three or more of the following elements:

(a)    Roof pitch matching dominant roof slope primary dwelling(s). Dominant roof slope is the slope shared by the largest portion of the roof.

(b)    Roof material matching primary dwelling(s).

(c)    Primary siding material or color matching primary dwelling(s).

(d)    Window and door trim matching primary dwelling(s).

(e)    Porch, bay window, or other facade articulation to break up flat wall planes.

(f)    Fencing or landscaping to buffer the view of the ADU or JADU from a road or other public area. Fencing shall be subject to SCCC 13.10.525, Regulations for fences and retaining walls within required yards. Landscaping shall be subject to Chapter 13.13 SCCC, Water Conservation—Water Efficient Landscaping.

(2)    Historic Preservation. ADUs and JADUs on properties in the L (Historic Landmark) Combining District that do not involve demolition, relocation, or alterations to the exterior of historic buildings shall meet the provisions of SCCC 16.42.060(D) to be reviewed ministerially. ADUs and JADUs that exceed these provisions shall be subject to discretionary review per SCCC 16.42.060.

(G)    Occupancy. The following occupancy standards shall be applied to every ADU and JADU and shall be conditions for any approval under this section:

(1)    Occupancy Restrictions. The maximum occupancy of an ADU or JADU may not exceed that allowed by the State Uniform Housing Code, or other applicable State law.

(2)    Sale. ADUs and JADUs shall not be sold separately from the primary residence with the following exception:

(a)    An ADU can be sold or conveyed separately from the primary residence to a qualified buyer if the property was built or developed by a qualified nonprofit corporation and all provisions of California Government Code Section 65852.26 are met.

(3)    Short-Term Rental Use. In no case shall a short-term rental use of less than 30 days be permitted in an ADU or JADU. A property with an ADU or JADU shall not be eligible for participation in the vacation rental or hosted rental programs.

(4)    Owner Residency. The following requirements apply to all JADUs and apply to all ADUs except those permitted between January 1, 2020, and January 1, 2025:

(a)    Unless owned by a government agency, land trust, or public or nonprofit housing organization, the property owner or relative of the property owner shall permanently reside, as evidenced by a homeowner’s property tax exemption, or by other satisfactory documentation of residence, on the parcel in either the primary dwelling unit, ADU or JADU. If the ADU or JADU is newly constructed on a parcel within a subdivision, then the purchaser or relative of the purchaser of said property shall permanently reside in either the main dwelling or the ADU or JADU, shall be required to submit a property tax exemption prior to occupancy of the ADU or JADU, and shall be subject to the deed restriction noted in subsection (G)(5) of this section.

(i)    Exception. Temporary rental of both a primary dwelling unit and an ADU or JADU may be authorized by the Planning Director in the case of sudden and unexpected changes in life circumstances. Property owners may be authorized to rent both the primary dwelling and the ADU or JADU if the property owner or relative of the property owner is unable to continue to occupy the property temporarily by reason of illness or absence from the area for other than vacation purposes as determined by the Planning Director in their sole discretion based on reasonable evidence. Evidence shall be submitted to the Planning Department in writing, and requests for extension of the absence shall also require evidence in writing. The authorization to rent both units shall be limited to one year and may be extended at the discretion of the Planning Director.

(b)    Deed Restriction. Prior to the issuance of a building permit, the property owner shall provide to the Planning Department proof of recordation of a declaration of restrictions containing reference to the deed under which the property was acquired by the present owner and containing the following provisions:

(i)    The declaration shall provide that the property owner or relative of the property owner permanently resides in either the primary dwelling or the ADU, as evidenced by a homeowner’s property tax exemption on the parcel or by other satisfactory documentation of owner residence. If the property is owned by a government agency, land trust, or public or nonprofit housing organization that is providing housing for special populations, the declaration of restrictions shall indicate that any subsequent nonpublic owner shall abide by the terms of this subsection.

(ii)    The declaration shall be binding on all successors in interest.

(iii)    The declaration shall provide for the recovery by the County of reasonable attorney’s fees and costs in bringing legal action to enforce the declaration together with recovery of any rents collected during any unauthorized occupancy or, in the alternative, for the recovery of the reasonable value of the unauthorized occupancy.

(iv)    The declaration shall provide a restriction on the size and attributes of the ADU or JADU that conforms with this section.

(v)    JADUs only: The declaration shall provide a prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(H)    Application Processing.

(1)    Ministerial Review. Pursuant to Government Code Section 65852.2, applications for ADUs and JADUs shall be approved or denied ministerially with a building permit, and no public notice or hearing shall be required, with the following exceptions:

(a)    Exceptions to Ministerial Review.

(i)    Inside the coastal zone, the following discretionary review requirements apply:

A.    ADUs and JADUs that do not meet the standard for exemption or exclusion under SCCC 13.20.050 or 13.20.051 require issuance of a combined coastal development permit (CDP) and building permit, with noticing and appeal requirements per SCCC 13.20.107 and 13.20.108, and subject to findings per SCCC 13.20.110. CDPs for ADUs and JADUs located in the Commercial Agricultural (CA) zone district shall be subject to additional findings per SCCC 13.10.314(A) and (B).

B.    ADU applications in the coastal zone in the Parks and Recreation (PR) zone district shall be processed per SCCC 13.10.352(B), subject to special findings per SCCC 13.10.355. JADU applications in the PR zone district shall be reviewed ministerially.

C.    ADU and JADU applications in the coastal zone in the Timber Production (TP) zone district shall be processed per SCCC 13.10.372(B), with special findings per SCCC 13.10.375(A).

(ii)    ADU and JADU applications that do not meet the development standards contained in this section may require a variance (per SCCC 13.10.230), minor exception (per SCCC 13.10.235), or other discretionary approval.

(2)    Ministerial Review Time. ADU and JADU applications that are subject to ministerial review must be approved, or a notice of deficiency sent, within 60 days of receipt of a completed building permit application. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within 60 days.

(a)    Exception to Ministerial Review Time. When a permit application to create an ADU or JADU is submitted along with a permit application for a new primary dwelling, the permit application for the ADU or JADU shall not be subject to a 60-day approval period but shall instead be subject to the approval period for the primary dwelling. If the new primary dwelling application requires discretionary review, the application for the ADU or JADU shall still be considered as a ministerially allowable use/development, unless the application meets one of the exceptions in subsection (H)(1)(a) of this section.

(3)    Fees. Prior to the issuance of a building permit for the ADU, the applicant shall pay to the County of Santa Cruz fees in accordance with the Planning Department’s fee schedule as may be amended from time to time, and any other applicable fees.

(a)    The County of Santa Cruz and any other local agency, special district or water corporation shall not impose any impact fee upon the development of a JADU or an ADU less than 750 square feet.

(b)    Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(c)    For the purposes of this section, “impact fee” includes “fees” as defined in California Government Code Section 66000(b) and fees specified in California Government Code Section 66477. Impact fees do not include utility connection fees or capacity charges.

(4)    Declarations of Restriction for Nonhabitable Structures. A recorded declaration of restriction limiting an existing accessory structure to nonhabitable use must be rescinded to allow ADUs or JADUs in these structures.

(I)    Permit Allocations. Each ADU and JADU is exempt from the residential permit allocation system of Chapter 12.02 SCCC.

(J)    Code Enforcement Amnesty. Per California Government Code Section 17980.12, the following amnesty provisions are available until January 1, 2030, for ADUs and JADUs that were built before January 1, 2020:

(1)    A notice to correct a violation of any provision of any building standard for an ADU or JADU shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement.

(2)    The owner of an eligible ADU or JADU who receives a notice to correct violations or abate nuisances related to any building standard may submit a letter to the County of Santa Cruz Planning Department, Code Enforcement Division, requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to address an imminent hazard or dangerous condition.

(3)    The County of Santa Cruz shall grant a delay in enforcement if the Planning Department Code Enforcement Division, in consultation with the Building Official, determines that correcting the violation is not necessary to protect health and safety. The provisions of SCCC 12.01.070 shall not apply to ADUs for which this delay has been granted.

(K)    Annual Review of Impacts. As part of the County’s annual review of the General Plan and County growth management system, the County shall include a section analyzing the impacts of the ADU ordinance. The annual analysis shall include the number of ADUs constructed and the impacts such construction has created in each planning area, with particular attention to the cumulative impacts within the coastal zone. JADUs are not required to be accounted for and reported upon in this annual review. The cumulative impact issue areas to be covered include, but are not limited to, traffic, water supply (including the City of Santa Cruz water supply from Laguna, Majors, and Reggiardo Creeks, and the Davenport water supply from Mill and San Vicente Creeks), public views, and environmentally sensitive habitat areas. The preliminary report shall be sent to the Executive Director of the Coastal Commission for review and comment 14 days prior to submittal to the Board of Supervisors, on an annual basis.

If the Executive Director determines that specific enumerated cumulative impacts are quantifiably threatening to specific coastal resources that are under the authority of the Coastal Commission, the Executive Director shall inform the County in writing. Within 60 days of receipt of the Executive Director’s written notice of a threat to coastal resources the County shall cease accepting applications for coastal development permits under this section in the planning area(s) in which the threat of coastal resources has been identified, pending review and approval by the Coastal Commission of the County’s proposed method(s) of protecting the threatened resource. [Ord. 5413 § 2, 2022; Ord. 5382 § 6, 2021; Ord. 5326 § 20, 2020; Ord. 5325 § 20, 2020; Ord. 5265 § 11, 2018; Ord. 5264 § 12, 2018; Ord. 5239 § 8, 2017; Ord. 5182 § 10, 2014; Ord. 5079 § 1, 2010; Ord. 4921 §§ 15—18, 2008; Ord. 4779 § 1, 2004; Ord. 4751 §§ 1—3, 2003; Ord. 4727 §§ 1—3, 2003; Ord. 4659 § 2, 2002; Ord. 4495 § 7, 1998; Ord. 4457-A § 4, 1997; Ord. 4324A § 5, 1994; Ord. 4282 § 5, 1993; Ord. 3996 § 2, 1989; Ord. 3500 § 1, 1984; Ord. 3432 § 1, 1983].

13.10.682 Permanent occupancy of manufactured homes.

(A)    Purpose. The purpose of this section is to regulate the permanent installation of manufactured homes on foundations for occupancy as single-family dwellings in accordance with and as defined in Section 65852.3 and any successor provisions of the California Government Code and Section 18300 and any successor provisions of the California Health and Safety Code. All such manufactured homes shall be designed and located so as to be compatible with neighboring conventionally built dwellings. The specifications provided by this section are designed to ensure the compatibility of manufactured homes in single-family zones with the aesthetic and architectural character of the surrounding neighborhood, in the same manner as that used by the County to approve other building permits for dwellings.

(B)    Permit Requirements. A manufactured home may be permanently installed on a foundation and occupied as a single-family dwelling in any zone district in which a single-family dwelling is an allowed use, if and when the requirements of Chapter 12.01 SCCC for issuance of a building permit have been met.

(C)    Specifications. A manufactured home shall be allowed under the provisions of this section only if it meets all of the following specifications:

(1)    Will be occupied only as a single-family dwelling; and

(2)    Will conform to all of the residential site standards of the applicable zone district; and

(3)    Was manufactured within 10 years prior to the date of the application for the issuance of a permit to install the manufactured home; has been certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.), and has not been altered in violation of applicable codes; and

(4)    Will be anchored to a permanent foundation to withstand wind and seismic forces of Zone 4 as shown on the Seismic Risk Map of the United States, according to the regulations of the Uniform Building Code currently adopted for the County of Santa Cruz; and

(5)    Will meet the following residential design standards:

(a)    Double-wide or multisectional size.

(b)    Finished with an exterior material compatible with conventionally built residential structures in the neighborhood.

(c)    Exterior covering material extending to the ground or to the top of a concrete foundation. (Alternative skirting materials commonly found on conventionally built residential structures are acceptable.)

(d)    Oriented for maximum solar access.

(D)    Applications. An application for a building permit to install a manufactured home on a permanent foundation shall contain the elements specified in SCCC 12.01.050. [Ord. 4496-C § 57, 1998; Ord. 4036 § 2, 1989; Ord. 3593 § 16, 1984; Ord. 3432 § 1, 1983].

13.10.683 Temporary occupancy of mobile homes and recreational vehicles.

(A)    Purpose. To allow the use of a mobile home, travel trailer or recreational vehicle by a property owner as a temporary residence during the time a permanent residence is being constructed or reconstructed on the same site, by a watchman as a temporary residence during construction of permanent buildings on the same site, or by the owner as a temporary office or storage facility during construction of any permanent building or public utility structure on the same site, but excluding accessory structures not designated for human habitation, such as garages, barns, or sheds, subject to the requirements of this section.

(B)    Permit Processing. Before any person may be allowed to use a mobile home or recreational vehicle for the above purposes, such person shall obtain a building permit for the construction project and an installation permit for the temporary mobile home, travel trailer or recreational vehicle.

(C)    Requirements for Approval. An installation permit under this section shall be issued only when the following requirements for approval have all been met:

(1)    The applicant has obtained a building permit or obtains concurrently a building permit for the building to be built on the subject property.

(2)    The applicant has obtained any permits needed for an approved water supply and sewage system.

(3)    The applicant has posted a deposit with the Department. The applicant shall post a cash deposit, a time certificate of deposit payable to the County of Santa Cruz, or equivalent security approved by County Counsel in the amount of $500.00 ($1,000 for double-wide units) to guarantee compliance with the conditions of the permit and applicable law within the time permitted or any extension thereof. The term of the deposit shall begin upon the issuance of the permit and shall remain in effect until the conditions of the permit have been fulfilled to the satisfaction of the Department. If the permittee fails to comply with all of the conditions of the permit, the Department shall take appropriate measures to obtain compliance. The permittee shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the Department in causing any and all such conditions or terms to be fulfilled, and the Department may apply as much of the deposit as needed to pay any such costs and expenses. Any unused portion of the deposit shall be refunded to the permittee upon compliance with the conditions of the permit.

(4)    No permit shall be issued under this section where the applicant has previously received a permit under SCCC 13.10.312(B) and 13.10.631 (caretaker in isolated agricultural zones).

(D)    Occupancy. The following conditions shall be met prior to the occupancy of the mobile home, travel trailer or recreational vehicle:

(1)    Installation of the approved water supply and sewage system which Environmental Health or the appropriate district has required.

(2)    Installation of the skirting if the unit is a mobile home.

(3)    Final inspection clearance of the mobile home, travel trailer or recreational vehicle from Inspection Services of the Planning Department.

(4)    Installation or construction of all fire protection requirements specified by the appropriate fire agency.

(5)    The unit shall be screened from public view to the greatest extent possible.

(E)    Condition of Occupancy. The following shall apply to any permit issued under this section:

(1)    The term of occupancy shall be concurrent with the term of the building permit, so long as the foundation of the permanent building is poured within 60 days of issuance of the installation permit, except for periods of grading prohibition, development moratorium, or similar circumstances.

(2)    The permittee shall diligently pursue construction in order to complete the building.

(3)    Within 15 days of the final inspection clearance of the permanent building, the permittee shall cease use of the mobile home or recreational vehicle, or travel trailer, disconnect it from water and other utility services, and, if the unit is a mobile home, the permittee shall remove it from the property.

(4)    The Planning Director or designee issuing the installation permit may add such other conditions to the permit as he/she determines to be appropriate to further the purposes of this section.

(F)    Revocation. A permit may be revoked pursuant to the provisions of Chapter 18.10 SCCC.

(G)    Right to Enter Property. Pursuant to applicable law, the County’s agent shall have the right during reasonable hours to enter the subject property for the purpose of making inspections and doing necessary work to obtain compliance with the conditions of the permit, including removal of the mobile home, travel trailer or recreational vehicle.

(H)    Parking or Use of Mobile Homes Without a Permit Is Prohibited. It shall be unlawful to park or use a mobile home, travel trailer, or recreational vehicle on any parcel of land or building site for living or sleeping purposes, or to connect the same to any utility except:

(1)    When legally parked within a mobile home park, recreational vehicle park or travel trailer park.

(2)    When authorized for temporary use by a permit granted pursuant to this section.

(3)    When authorized for occupancy as a single-family dwelling by a permit granted pursuant to SCCC 13.10.682.

(I)    A recreational vehicle or travel trailer, maintained for the property owner’s or occupant’s recreational use, may be stored on the property. No utility connection is allowed, nor is any occupancy allowed. Such storage may not occur on any vacant parcel.

(J)    Use of Mobile Homes, Travel Trailers, or Recreational Vehicles after a Natural Disaster.

(1)    A mobile home, travel trailer, or recreational vehicle may be used as a temporary residence after a natural disaster for which a local emergency has been declared by the Board of Supervisors, when the permanent residence on the property has been destroyed, or damaged to the extent that the Building Official has posted it “Unsafe to Occupy,” or if the repairs are so extensive that temporary relocation is necessary during the period of repair or reconstruction.

(2)    Such a unit shall be connected to the existing sewer or septic system. If the sewer or septic system has been damaged and cannot be immediately repaired, or if a sewer or septic system connection approval cannot be obtained, use of a holding tank within a self-contained unit is allowed for a period of up to six months, provided no gray water or other liquid waste from any fixture is diverted from the holding tank, and provided further that either:

(a)    A service contract with an approved septic maintenance firm guaranteeing frequency of service for the intensity of use is submitted to Environmental Health for review and approval; or

(b)    The applicant provides Environmental Health with the location of dump station to be utilized and schedule for pumping out of holding tank at that dump station.

(3)    The unit shall have a water supply approved by Environmental Health.

(4)    The applicant shall obtain an installation permit for the unit and obtain final inspection clearance by the Building Official, unless the unit is totally self-contained.

(5)    The unit shall be removed from the property (for a mobile home) or disconnected from utilities (for travel trailers and recreational vehicles) prior to occupancy of the repaired or reconstructed residence, or if a permit to repair or reconstruct the permanent residence is not issued, within 24 months.

(6)    Applications for temporary occupancy of a mobile home, travel trailer, or a recreational vehicle in a mapped geologic hazard area or a mapped high damaged area shall require compliance with the provisions of Chapter 16.10 SCCC. [Ord. 5061 § 20, 2009; Ord. 4101 § 1, 1990; Ord. 4024 §§ 2, 3, 1989; Ord. 3432 § 1, 1983].

13.10.684 Mobile home parks.

(A)    Purpose. In addition to the general objectives of this chapter, the mobile home park regulations are included in the zoning ordinance to achieve the following purposes:

(1)    To recognize mobile home parks as primarily a low to medium density urban residential use;

(2)    To regulate mobile home parks as permanent rather than interim residential uses;

(3)    To set standards for park development and procedures to enforce those standards so as to exercise the rights reserved to local jurisdictions by State law (California Health and Safety Code Division 13, Part 2.1, commencing with Section 18200). The said regulations are intended to regulate only those developments specifically planned for accommodation of more than one mobile home or manufactured home and operated under permit pursuant to Title 25, Chapter 5, of the California Code of Regulations. Regulations regarding the use of a single manufactured home as a permanent residence are found in SCCC 13.10.682.

(B)    Location Criteria. Mobile home park developments shall be located only in the RM Zone District and in accordance with the following location criteria:

(1)    An overall goal of achieving diversity of choice of housing types within the planning areas of the County;

(2)    Safe and adequate access compatible with street plans;

(3)    Location in areas planned for urban rather than rural uses; and

(4)    Reasonable proximity to shopping, medical, public transportation and service stations for all parks, and particularly to schools and employment for family-type parks.

(C)    Permitted Uses. A mobile home park shall include only uses allowed in the zoning district in which the mobile home park is located exclusive of trailer parks for recreational vehicles and travel trailers as defined by SCCC 13.10.700-T, subject to the following exception: Any use allowed in any residential or C-1 District either as a permitted use or a discretionary use, or any combination of such uses, may be included in a mobile home park on a site of 10 acres or more.

(D)    Procedures.

(1)    Mobile home parks may be authorized as a discretionary land use approval granted at Approval Level VII pursuant to Chapter 18.10 SCCC. All procedures for application, review, approval, appeal, enforcement, etc., shall be in accordance with Chapter 18.10 SCCC.

(2)    Notwithstanding the specific conditions of any development approval, no development approval for a mobile home park shall automatically expire if all of the following criteria are met:

(a)    The mobile home park was originally permitted for permanent, year-round occupancy and not for transient occupancy by travel trailers and/or recreational vehicles;

(b)    The property on which the mobile home park is located is designated for residential land use on the General Plan and within a residential zone district;

(c)    The development approval was properly exercised according to the terms of the approval and the requirements of the County Code; and

(d)    The use of the property as a mobile home park has not ceased for a continuous period of one year or more.

(E)    Development Standards. Standards for the development of mobile home parks should as nearly as possible be equivalent to the regulations for the district in which the mobile home development is located, while at the same time preserving the special advantages of mobile home living, such as easy maintenance, close community, easy pace, availability of services and recreation facilities.

(1)    Density. The maximum number of mobile home dwelling units allowed in a mobile home development shall be determined by dividing the net developable area in square feet, by the site area per dwelling required for the zone district in which the development is located. In no case shall this number of units exceed that which would be allowed in an RM-3 zone.

(2)    Yard Requirements.

(a)    All structures and mobile homes shall be set back at least 20 feet from the right-of-way of any street adjoining the mobile home park. The setback area shall be landscaped and continually maintained.

(b)    Minimum yard requirements around individual mobile homes, accessory buildings, carports and awnings shall be determined by California Code of Regulations, Title 25, Chapter 5.

(3)    Community Service and Open Space. A minimum of 300 square feet for each mobile home shall be devoted to community open space, conveniently located for all residents. A maximum of 27 square feet of the required 300 square feet may be used for a recreation or service building. In computing the size of this area, landscaped open spaces, required perimeter yards clearly designed for community open space, and pedestrian pathways may be taken into account. However, open spaces such as roads, boat and recreational vehicle storage areas, required perimeter yards not designed for community use and parking spaces shall be excluded from the computation.

(4)    Utilities. All utilities shall be installed underground.

(5)    Parking. Off-street parking spaces for every mobile home shall be provided in accordance with SCCC 13.10.551, et seq., on the site of the unit unless an exception is granted pursuant to subsection (F) of this section. Regardless of any exception to the parking standards, all required mobile home parking shall be within the mobile home park. Installation of a replacement mobile home requires either approval of a parking certification pursuant to subsection (G) of this section when the required number of parking spaces exist, or an exception pursuant to subsection (F) of this section when the required number of parking spaces do not exist. No mobile home transport permit for the movement of a replacement mobile home over County-maintained roads to a mobile home park in the unincorporated portion of the County shall be approved or issued by the Department of Public Works prior to approval of a parking certification or an exception.

(6)    Access. All mobile home spaces shall be served from internal private streets within the mobile home park and there shall be no direct vehicular access from a mobile home space to a public street or alley. Internal streets shall have a clear and unobstructed access to a public thoroughfare, and the right of the public to utilize said streets shall be preserved.

(7)    Boat and Recreational Vehicle Storage. All pleasure boats and recreational vehicles shall be stored in an area set aside for such storage and shall be screened from view. Such storage shall not be allowed on any street or individual mobile home lot.

(8)    Fencing. The park property may be required to be enclosed by a fence or thick screen planting for control of view, light, sound and adequate security to achieve aesthetics and compatibility with surrounding proposed and existing development. If required, a fence within the front yard of the park property may exceed three feet in height.

(9)    Landscaping and Aesthetics.

(a)    A landscape plan for development and maintenance shall be submitted for consideration with each permit application.

(b)    Landscaping shall be used as a buffer between mobile home units and adjoining property and service areas shall be screened from view.

(c)    Trees shall be planted throughout the development and there shall be at least one tree for each 1,000 square feet of lot coverage by impervious surfaces, or as many trees as there are mobile home lots, whichever is more.

(d)    Whenever possible, plants that are indigenous to this area shall be incorporated into the landscaping plan.

(e)    All required planting shall be permanently maintained in good growing condition.

(f)    Questions of aesthetics shall be considered in judging the effect on the surrounding community and may result in special conditions relating to nonglare materials, preservation of scenic views or general considerations of the area’s environmental goals.

(10)    Signs. One nonilluminated or indirectly illuminated detached appurtenant sign, identifying the mobile home park, that shall not exceed eight feet in overall height or 12 square feet, shall be permitted and shall be integrated into the landscape.

(11)    Sewage Disposal. Utilization of sanitary sewer facilities or development of a community sewage disposal system shall be provided as required in Chapters 7.38 and 7.42 SCCC. Approval of the Environmental Health Department shall be obtained.

(12)    Garbage and Rubbish Disposal.

(a)    If a garbage disposal service is available to the location of the mobile home park, park owners shall be required to use this service.

(b)    Where a service is not used, the park operator shall dispose of the park refuse by transporting it to a Health Department approved site in an appropriate vehicle.

(c)    All refuse shall be collected at least once weekly by a service or the park operator. All refuse shall be collected and transported in covered containers or vehicles.

(13)    Water. An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. Where a public supply of water of such quality is available within 1,000 feet, connection shall be made thereto and its supply shall be used exclusively. In the case of an existing well which could be adapted for multiple residential use without major overhaul, this requirement may be varied. The development of an independent water supply to serve the mobile home park shall be made only after express approval thereof has been granted by the Health Officer. In all cases, written approval of the Health Officer for the supply shall be submitted with respect to installation, adequacy and sanitation.

(14)    Drainage. Developers shall provide adequate drainage facilities to prevent damage to the park or adjacent properties all in accordance with plans reviewed and approved by the County Department of Public Works.

(15)    Fire Protection. Prior to construction, the applicant shall receive approval of the California State Division of Forestry or local fire protection district to determine the installations necessary for protection against fire.

(16)    Repealed by Ord. 5018.

(F)    Exceptions. Exceptions to all development standards established pursuant to this section may be authorized at the same approval level required for a land use approval for a new mobile home park or may be authorized with a Level IV approval for an individual space within an existing mobile home park; provided, that the following findings are made:

(1)    That there are special circumstances or conditions affecting the property;

(2)    That the exception is necessary for the proper design or function of the mobile home development;

(3)    That the granting of the exception will not be detrimental to the welfare of the residents of the mobile home park or to the public welfare or injurious to the property of the residents of the mobile home park or to other property in the area in which the property is situated; and

(4)    That the granting of the exception is in accordance with the objectives of the General Plan and elements thereof.

In making its decision whether to approve an exception for an individual space, the approving body shall take into consideration factors such as the availability of parking within the mobile home park, even if such parking is not adjacent to the affected mobile home.

(G)    Parking Certification. A parking certification, certifying that the required number of parking spaces exist for the installation of a replacement mobile home, may be issued with a Level III approval. A parking certification application shall be made by the mobile home park owner or operator, or the owner of the mobile home being replaced, or the owner of the lot in those cases where the mobile home park lots are individually owned.

(H)    Compliance Responsibility. The owner or operator of the mobile home park shall be responsible for compliance with the mobile home park development standards of this section and those of Title 25, Chapter 5 of the California Code of Regulations. [Ord. 5018 §§ 1, 6, 2008; Ord. 4808 § 6, 2005; Ord. 4786 §§ 6, 7, 2005; Ord. 4723 § 3, 2003; Ord. 4664 § 2, 2002; Ord. 4628 § 2, 2001; Ord. 4623 § 2, 2001; Ord. 4496-C § 58, 1998; Ord. 4370 § 5, 1995; Ord. 4036 § 7, 1989; Ord. 3432 § 1, 1983].

13.10.685 Conversion of transient occupancy recreational vehicle and travel trailer parks to permanent occupancy.

(A)    Purpose. To provide for the orderly conversion of permitted, transient occupancy recreational vehicle and travel trailer parks to permanent occupancy for the purpose of maintaining and/or establishing safe permanent housing for very low income households.

(B)    Applicability. This section applies to those recreational vehicles (RV) and travel trailer parks which, as of January 1, 2000 (i.e., the Marmos Pinto Lake Resort located at 324 Amesti Street in Watsonville and the Golden Torch Trailer Park located at 6100 Freedom Boulevard in Aptos), were the subject of court proceedings brought by the County to resolve health, safety and use permit violations at the park and which are located outside of both the urban services line and the Coastal Zone.

(1)    Except where modified by the requirements of this section, all requirements of the “Mobile Home Parks Act,” Division 13, Part 2.1 of the California Health and Safety Code, commencing with Section 18200, and Chapter 2 of Division I of Title 25 of the California Code of Regulations shall apply for all permanent occupancy spaces approved pursuant to this section. In the case of permanent occupancy, either manufactured housing, or conventional on-site building methods may be utilized; in such cases, the requirements and standards of Title 24 of the California Code of Regulations shall be met.

(2)    The requirements of SCCC Title 16 and the visual resources policies of the County General Plan/Local Coastal Plan shall apply for all permanent occupancy spaces approved pursuant to this section.

(C)    Definitions. The definitions listed below and those contained within Chapter 2 of Division I of Title 25 of the California Code of Regulations and Sections 18200 through 18700 of the California Health and Safety Code shall apply to this section. In the event that the following definitions conflict with those contained within the cited Code of Regulations and/or Health and Safety Codes, the following definitions shall supersede:

“Affordable housing guidelines” means the guidelines that are adopted from time to time by the Santa Cruz County Board of Supervisors pursuant to Chapter 17.10 SCCC.

“Approving body” means the Santa Cruz County Board of Supervisors.

“Capital improvements” means improvements to the real property that must be newly constructed or replaced as a condition of approval to convert spaces within an RV park to permanent occupancy pursuant to this section. “Capital improvements” does not include routine maintenance or repairs.

“Conventional construction” means typical framed (“stick-built”) construction, subject to the oversight and inspection of the Building Department in accordance with the standards of Title 24 of the California Code of Regulations.

“HCD” means the Department of Housing and Community Development of the State of California.

“Permanent dwelling unit” means a unit, as defined in this subsection, that is located on permanent occupancy space as defined in this subsection.

“Permanent occupancy” means occupancy for a period of nine consecutive months or longer of either: (1) a space within an RV park by the same unit, (2) a unit and space within an RV park by the same resident or residents, (3) multi-unit manufactured housing, or (4) an apartment conventionally constructed on the site as a separate building or as part of a building.

“Permanent occupancy space” means a space in an RV park or manufactured housing that has been approved for long-term or permanent occupancy pursuant to this section.

“Resident” means a person or household who resides in an RV park. For the purposes of this section, the terms “occupant,” “tenant” and “resident” are used interchangeably to mean a “resident” as defined herein and do not have the specific meanings defined in either the recreational vehicle park occupancy law (Section 799.20, et seq., of the California Civil Code) or the mobile home residency law (Section 798, et seq., of the California Civil Code).

“RV park” means a trailer park as defined in SCCC 13.10.700-T and regulated in the Santa Cruz County Code. The status of a property as an RV park shall be based on the County use permit and land use designation(s) irrespective of the designation given to the park by HCD or the nature of the permit to operate issued by HCD.

“Title 24” means Title 24 of the California Code of Regulations.

“Title 25” means Chapter 2 of Division I of Title 25 of the California Code of Regulations.

“Unit” means any of the following:

(1)    A “recreational vehicle” as defined in Section 18010(a) of the California Health and Safety Code;

(2)    A “park trailer” as defined in Section 18010(b) of the California Health and Safety Code;

(3)    A “manufactured home” as defined in Section 18007 of the Health and Safety Code;

(4)    A “mobile home” as defined in Section 18008 of the Health and Safety Code;

(5)    A “multi-unit manufactured housing” as defined in Section 18008.7 of the Health and Safety Code; or

(6)    An apartment conventionally constructed on the site as a separate building or as part of a building.

“Very low income household” means a household whose annual income is less than 50 percent of the area median income as adjusted for household size and updated from time to time by HCD.

(D)    Procedures. A conversion of a permitted transient occupancy recreational vehicle and travel trailer park to permanent occupancy may be authorized as a discretionary land use approval granted at Approval Level VII pursuant to Chapter 18.10 SCCC. All procedures for application, review, required findings, approval, amendments and appeals shall be in accordance with Chapter 18.10 SCCC.

(E)    Development Standards.

(1)    Density.

(a)    The number of permanent occupancy spaces shall not exceed the number of recreational vehicle and/or travel trailer spaces authorized under the current use permit for the recreational vehicle and/or travel trailer park issued by the County. Spaces designated for tent camping in the use permit may not be converted to permanent occupancy. Continued use of spaces for transient occupancy may be allowed, if such use, including any required amenities and conditions of operation, are clearly incorporated into the conversion permit.

(b)    The maximum number of permanent occupancy spaces shall be established based on compliance with the following: the sewage disposal standards and requirements established by Environmental Health Services for permanent occupancy, the water supply standards and requirements established by Environmental Health Services, the California Department of Health Services or the applicable water purveyor required for permanent occupancy and the development standards established in this section.

(2)    Yard Requirements.

(a)    The front yard setback for the park shall be 40 feet. The side and rear yard setbacks shall be 20 feet.

(b)    A six-foot separation, as specified by Title 25, or approved fire wall as defined in Section 504.6.2 of the California Fire Code or as specifically approved by HCD shall be maintained between all permanent dwelling units.

(3)    Community Areas.

(a)    Open Space and Required Amenities. A minimum of 200 square feet of open space per permanent occupancy space shall be provided, as follows:

(i)    At least 50 percent of the required open space area shall be provided as community open space, located in areas convenient for the benefit and use of all of the residents. Community open space areas shall have no dimension less than 20 feet. Parking and roadways shall not be counted as a part of the community open space. The park shall have recreation facilities and playground(s) of sufficient size and in suitable locations to meet the needs of the park residents. The area of recreation facilities and playgrounds may be included as community open space.

(ii)    Each permanent occupancy space shall have at least 100 square feet of usable open space, defined as any side or rear yard or combination of yards with minimum dimensions of eight feet.

(b)    Restrooms/Showers. Restrooms and showers shall be provided for the use of the residents. The number of restrooms and showers is dependent upon the number of permanent dwelling units, as well as the number of permanent dwelling units which have toilet and shower facilities. At a minimum, one toilet, one sink and one shower shall be provided for each gender. An additional toilet, sink and shower shall be provided for every five permanent dwelling units that do not have toilet and/or shower facilities. Lighting which meets or exceeds the minimum requirements of Title 25 of the California Code of Regulations shall be installed in these facilities. Restroom/shower buildings shall have adequate heating facilities to maintain a temperature of 65 degrees (Fahrenheit) during cold weather and to provide at least three gallons of continuous hot water per hour per unit during the times of peak demand.

(c)    Optional Amenities. The approving body may approve other amenities to serve the residents of the park, such as convenience stores and laundries, if all requirements for their installation can be met.

(4)    Parking. A parking management plan shall be submitted for review by the County and approval by the approving body. The parking management plan shall specify how the park will comply with the following parking standards and detail the procedures for ensuring long-term compliance with these standards. One off-street parking space shall be provided and located near each permanent unit. Guest parking of an additional 20 percent over the residential requirement shall be provided at various locations in the park. All required parking shall be provided within the park boundaries. Dimensions of all parking spaces shall comply with the requirements of SCCC 13.10.550 et seq. Because parking is limited, no inoperable vehicle shall be kept within the park for a period of longer than 10 business days.

(5)    Roads and Access.

(a)    All access roads and driveways shall meet the fire agency requirements for turning radii, overhead clearance and surfacing. The minimum widths of roadways shall conform to the requirements of Title 25, including that two-way roadways shall be no narrower than 18 feet in width, and one-way roads shall be no narrower than 12 feet in width and shall be clearly marked as one-way.

(b)    All permanent occupancy spaces shall be served from internal private roads or walkways within the park. There shall be no direct vehicular access between an individual space and a public or private street or alley. Internal streets shall have a clear and unobstructed access to a public thoroughfare.

(c)    Pedestrian access shall be provided throughout the park to provide safe and convenient access to amenities, open space areas, and public roadways.

(6)    Fencing. A six-foot-high solid wood fence or masonry wall shall be provided along the side and rear property lines of the park to ensure security and separation from adjacent properties. Fences and/or gates in the front yard shall be allowed only if they are compatible with the character of the neighborhood, and shall not exceed three feet in height unless it can be demonstrated that it will not adversely affect sight distance, as determined by the Department of Public Works and the applicable fire district.

(7)    Landscaping. A plan for the development and permanent maintenance of landscaping for the park shall be submitted for review and approval by the Planning Department. Landscaping shall be installed to provide screening between adjacent development and the permanent units, and to enhance the open space areas, as appropriate.

(8)    Garbage and Refuse Disposal. The park owner shall specify how garbage and recyclable materials will be stored, collected and disposed of. The park owner shall, at a minimum, provide for weekly collection of garbage and recyclable materials from the park. More frequent collection may be required, if determined to be necessary by the approving body.

(9)    Sewage Disposal. All sewage and/or gray water shall be disposed of in a disposal system approved by County Environmental Health Services pursuant to Chapter 7.38 SCCC.

(10)    Water. An accessible, adequate, safe and potable supply of water shall be provided to each permanent unit in the park. Water service may be provided either through a community water system that is approved by County Environmental Health Services pursuant to Chapter 7.71 SCCC, or a system approved by the California Department of Health Services or by connection to a public water system.

(11)    Drainage. A drainage plan, prepared by a registered professional engineer, shall be submitted for review by the Planning Department and the Department of Public Works and approval by the approving body. Ponding underneath RVs is prohibited.

(12)    Fire Protection. All requirements of the applicable fire protection agency shall be met, except for those road width and unit separation standards of the fire district that exceed the standards of Title 25 or this section.

(13)    Lighting. Site lighting shall be; provided, that meets or exceeds the minimum illumination standards of Title 25.

(F)    Development Standards—Permanent Dwelling Units.

(1)    A compacted level pad shall be provided for each permanent dwelling unit. Each unit shall be anchored to the pad through an anchoring system approved by the County, HCD or HUD.

(2)    Each permanent dwelling unit shall be permanently connected to electrical, gas, water, and sewer systems by approved connections, per the requirements of Title 25.

(3)    Skirting shall be installed on permanent dwelling units to prevent access underneath the unit and to provide an aesthetic appearance of the unit.

(4)    All replacement permanent dwelling units installed after the issuance of the conversion permit shall comply with Health and Safety Code Section 18604, which requires that units meet minimum construction standards. Allowable replacement dwelling units include:

(a)    A “recreational vehicle” as defined in Section 18010(a) of the California Health and Safety Code except that neither truck campers nor tent trailers shall be allowed;

(b)    A “park trailer” as defined in Section 18010(b) of the California Health and Safety Code;

(c)    A “manufactured home” as defined in Section 18007 of the Health and Safety Code;

(d)    A “mobile home” as defined in Section 18008 of the Health and Safety Code;

(e)    A “multi-unit manufactured housing” as defined in Section 18008.7 of the Health and Safety Code; or

(f)    An apartment conventionally constructed on the site as a separate building or as part of a building.

(5)    Any accessory structure on a permanent occupancy space shall comply with the development standards of this section and applicable building codes, shall be specifically authorized by both park management and the enforcement agency, and shall be constructed in accordance with appropriate permit(s).

(G)    Exceptions to Development Standards. Exceptions to the development standards set forth in this section may be granted in order to facilitate the conversion of existing transient occupancy recreational vehicle and/or travel trailer parks to permanent occupancy parks with minimal displacement of existing residents. As part of consideration of an application by the park owner, a tenant or a tenant’s organization may request exceptions and conditional exceptions to the park or unit development standards established pursuant to subsections (E) and (F) of this section and the approving body may authorize such exceptions, other than exceptions to the requirements for minimum septic and water systems; provided, that the following findings can be made:

(1)    That the exception is necessary for either the proper design or function of the permanently occupied park or space, or to minimize the displacement of park residents; and

(2)    That the granting of the exception will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which the property is situated; and

(3)    That the granting of the exception is in accordance with the objectives of the County General Plan/Local Coastal Plan.

(H)    Conversion Conditions. The conversion of an RV park to permanent occupancy may be approved in whole or in part by the approving body, subject to the development standards in subsections (E) and (F) of this section, the exceptions allowed under subsection (G) of this section and the following conditions:

(1)    Income Eligibility of Residents. The occupancy of permanent occupancy spaces shall be restricted to very low income households for the life of the park. The affordable housing guidelines shall be followed to establish the income and eligibility of residents. For the purposes of this section, if the park receives State or Federal financial assistance the average income shall not exceed the very low limits. The approving body may authorize the property manager to verify the eligibility of residents. Notwithstanding the above, the following residents shall be excluded from these income eligibility requirements:

(a)    One required on-site management representative plus any other park employee(s) identified in the management plan; and

(b)    Existing residents of the park at the time the conversion to permanent occupancy is approved, but only to the extent the approving body determines it is necessary to minimize the displacement and relocation of existing tenants.

(2)    Maximum Rents and Other Charges. The rents charged for permanent occupancy spaces and nonowner occupied dwelling units that occupy permanent occupancy spaces shall be restricted for the life of the park as specified below. These restrictions shall be included in the use permit, a recorded regulatory agreement and the individual leases with residents.

(a)    Space Rent. The rent and rent increases that may be charged for permanent occupancy spaces shall not exceed the amounts that are allowed under the mobile home rent adjustment ordinance, Chapter 13.32 SCCC, regardless of the length of occupancy of the individual residents of these spaces.

(b)    Combined Rent for Dwelling Units and Spaces and Multi-Unit Manufactured Housing. The combined rent that may be charged for nonowner occupied dwelling units and spaces or multi-unit manufactured housing or apartments shall not exceed the maximum amounts that may be charged for very low income rental units under the affordable housing guidelines.

(c)    Alternative Standards for Assisted Projects. Notwithstanding subsection (H)(2)(b) of this section, the approving body may approve alternative affordability standards and/or a range of maximum combined rents for nonowner occupied dwelling units and spaces if the park receives State or Federal financial assistance and the average combined rent charged for these dwelling units and spaces will not exceed the maximum rent allowed for lower income rental units under the affordable housing guidelines.

(3)    Relocation Assistance. Relocation of tenants temporarily or permanently dislocated from the park as a result of the conversion shall be subject to relocation assistance, as provided under Chapter 8.45 SCCC.

(4)    Management, Operation and Implementation Plans. Prior to approval of a conversion permit for a park that requires capital improvements and/or is the subject of a current code enforcement action by the County, State of California or a local fire protection district, the park owner must submit a park improvements implementation plan, a management plan, and a maintenance and operations plan as follows:

(a)    Park Improvements Implementation Plan. This plan must address both the timing and financing plan for bringing the park into compliance within five years, in accordance with the standards of this section and related permit conditions. The plan is subject to approval by the approving body and shall contain the following provisions:

(i)    Improvements. The plan must include a reasonable and orderly plan for converting the physical facilities of the park and complying with the conditions of approval of the conversion permit, while minimizing the impact on park tenants and adjacent property owners/residents.

(ii)    Improvement Financing. The plan must include a detailed estimate of all costs related to conversion of the park to permanent occupancy, including physical improvements and temporary and permanent tenant relocation costs. In addition, the plan must include a method for financing these costs. The financing method shall indicate a realistic plan for financing the costs consistent within the time allowed for conversion by the approving body. Financing may take the form of front-end financing (cash on hand or loan) and/or financing over time. Financing over time may be approved through the creation of a formal set-aside of part of the rent proceeds. The amount of the set-aside shall be established by the approving body, based upon a review of the proposed financing plan. Final approval of the park conversion may be conditioned upon evidence of a loan commitment or the existence of funds on hand. Whatever the form of financing, funds for the park conversion must be deposited in a capital improvement fund independently administered by the property manager, as described in subsection (H)(4)(b)(i) of this section, or other independent party approved by the County.

(iii)    Extensions. If, after the park owner has demonstrated to the satisfaction of the County that additional time is needed to complete the implementation plan, the approving body may grant an extension to the completion date as specified in the approved implementation plan. In considering whether to approve an extension to the implementation plan, the approving body shall make a determination that the park owner has proceeded in a diligent manner to complete the plan and to comply with the conditions of the conversion permit. This determination shall be based on the financial data submitted by the park owner as well as a review of the quarterly reports required as a condition of this permit. Upon granting additional time for the park owner to complete the implementation plan, the approving body may require the park owner to provide additional funding for the capital improvement fund to cover expenses not identified by the park owner as a part of the approved implementation plan.

(iv)    Waiver. The approving body shall waive or reduce the requirements for this plan if (A) neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit, or (B) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(b)    Management Plan. The management plan shall provide for long-term property management and maintenance of all facilities and improvements. The management plan shall address all applicable conditions of the conversion permit including detailed information concerning any planned displacement and/or relocation of existing residents and the replacement of substandard units within the park. The management plan shall provide for both a property manager and an on-site manager, and shall include proposed lease agreements, the proposed park rules, and the parking management plan required per subsection (E)(4) of this section, subject to the following provisions:

(i)    The property manager shall be an experienced management agent, with demonstrated ability to operate residential facilities similar to the project in a manner that will provide decent, safe, and sanitary housing. The property manager shall be responsible for overseeing the capital improvement fund, hiring and managing the on-site manager, and providing regular reports to the County. The park owner shall submit for the County’s approval the initial and all subsequent property managers until the conversion is completed and the project has been in compliance with the conditions of the conversion permit for three years. The owner shall also submit additional information to the County relevant to the background, experience and financial condition of any proposed property manager as is reasonably necessary for the County to determine whether the proposed property manager meets the qualifications standards as set forth above. If the proposed property manager meets the standard set forth above, the County shall indicate its approval by notifying the owner in writing. Unless the proposed property manager is disapproved by the County within 30 days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. The property manager shall be responsible for ensuring that all units that are moved into the park meet all standards set forth in this section and in compliance with all applicable State and local laws and regulations.

(ii)    The on-site manager shall be an employee of the property manager and shall demonstrate adequate experience and qualifications for the position. While the County is not required to approve the on-site manager, the property manager must notify the County within 30 days of appointing the initial and subsequent on-site managers of their names, responsibilities, assigned work hours and qualifications. In addition to other duties assigned by the property manager, the on-site manager shall be responsible for enforcing park rules, including monitoring of parking and abandoned vehicles consistent with this subsection and the permit requirements.

(iii)    All lease agreements shall contain appropriate language pertaining to the rights and responsibilities of the owner(s) of the unit and the occupant(s) under the conditions of the conversion permit, including but not limited to:

A.    A provision requiring compliance with the parking management plan;

B.    A requirement that no inoperable vehicles be stored within the park;

C.    A provision that subletting is either not allowed, or that units may only be sublet to very low income households as required by subsection (H)(1) of this section, and that the maximum combined rent for the home and space is restricted pursuant to subsection (H)(2)(b) of this section;

D.    Notice of the unit owner’s responsibility to bring the unit into compliance with the standards within certain time limits, as set forth in subsection (F) of this section, and notice that if the unit is replaced at any time, the replacement unit must meet the standards as set forth in subsection (F)(4) of this section;

E.    Notice that the storage of hazardous materials is not allowed; and

F.    Notice that the unit owner and/or unit occupant is responsible for compliance with the requirements of this section as they apply to the unit and/or space.

(iv)    Owner Operator. Notwithstanding any language in this subsection (H)(4)(b) which may indicate otherwise, the County may approve a qualified park owner or park owners to act as the property manager and/or on-site manager described in this subsection (H)(4)(b).

(v)    Waiver. The approving body shall waive or reduce the requirements for this management plan if (A) the park is not the subject of a code enforcement action by the County, State of California or a local fire protection district, or (B) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(c)    Maintenance and Operations Plan. The owner shall submit a plan for financing the ongoing operations and maintenance of the park within the budget for the park. That plan, which must be approved by the County, must include an annual operating budget which provides for maintenance at a level which guarantees that the park will be maintained in a safe and sanitary condition. That plan must also provide for either (i) an annual set-aside of three percent of the annual operating budget for a maintenance reserve plus a minimum annual contribution of two percent of the annual operating budget to a capital replacement reserve for the purpose of financing future capital replacement of fixtures, equipment and improvements or (ii) the maintenance of a fully funded replacement reserve account using the methods, procedures and standards laid out for common interest developments in California Civil Code Sections 1365(a) and 1365.5(e). The approving body shall waive or reduce the requirements for this plan if (1) the park is not the subject of a code enforcement action by the County, State of California or a local fire protection district and neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit or (2) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(5)    Capital Improvement Fund. As a condition of permit approval, the owner shall be required to establish a capital improvement fund within 30 days of approval of a conversion permit for the purpose of financing the improvements and other costs related to the conversion as described in the park improvements implementation plan, and for any relocation assistance required under Chapter 8.45 SCCC. The owner shall deposit all front-end contributions, proceeds from loans and rent or other set-asides into this fund, equivalent to the amount needed to meet the requirements of the approved park improvements implementation plan, as established in subsection (H)(4)(a) of this section and as approved by the approving body. This fund shall be administered by the property manager, who shall be accountable for monitoring all contributions to and expenditures from the fund, and periodically providing a report to the owner and County on fund activity and balance. In order to ensure that all proceeds are directed to the required site improvements and related costs, all disbursements from the capital improvement fund shall be subject to advance approval by the County. The approving body shall waive or reduce the requirements for this fund if (a) neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit, or (b) the park receives State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(6)    Securities. The approving body may require securities, such as insurance, a performance bid, letter of credit or similar method, to guarantee the completion of all required park improvements and compliance with the plans required under subsections (H)(4)(a), (b) and (c) of this section, and related relocation costs.

(I)    Monitoring and Compliance.

(1)    Status Reports. The park owner shall submit to the County periodic status reports detailing compliance with the conditions of the conversion permit. Such reports shall be submitted quarterly until issuance of a certificate of completion for the conversion, and annually thereafter. During the conversion period, the report shall include a status report on the capital improvement fund and the capital improvement activities, prepared by the property manager. All status reports shall include a listing of unit occupancy and eligibility and indicate all subleases.

(2)    Completion Report. At the time that the owner believes that the conversion is completed, the owner shall submit a formal report, for review and approval by the County, that summarizes all improvements made, the total cost for those improvements, the final disposition of the capital improvement fund, and any relocation payments made. Upon review of that document and a field review of the site, if the County finds that the project has met all of the permit requirements, it shall issue the owner a letter acknowledging completion of the requirements for conversion. Failure to complete the conversion within the time limits established in the use permit may result in the revocation of the use permit pursuant to Chapter 18.10 SCCC.

(3)    Inspections and Enforcement. County staff shall conduct inspections of a park receiving approval for conversion immediately following receipt of a status report and at other times, as warranted. All deficiencies shall be reported to the park owner in writing within 10 business days of their discovery. The park owner shall correct all reported deficiencies within 15 business days following receipt of the report from the County, unless a longer time period has been agreed to in advance by the County. Continued failure to comply with the conditions of approval of the conversion permit shall subject the property owner to the provisions of Chapter 19.01 SCCC.

(4)    Fees. The owner shall pay such fees as may be deemed necessary for the County to monitor and enforce the conditions for the conversion permit. [Ord. 4802 § 3, 2005; Ord. 4731 § 3, 2003; Ord. 4663 § 1, 2002; Ord. 4657 § 1, 2002; Ord. 4587 § 1, 2000].

13.10.686 Large family child care homes in nonresidential zone districts.

(A)    Purpose. The purpose of this section is to provide for and regulate large family child care homes in order to provide needed child care in a home setting, as well as minimize or prevent potential conflicts between child care and other on-site or adjacent uses.

(1)    Purpose in Commercial Districts. The purpose of this section in commercial districts is to provide opportunities for large family child care homes to be located in residences with proximity to places of employment.

(2)    Purpose in Parks, Recreation and Open Space District. The purpose of this section in the parks, recreation and open space districts is to provide opportunities for large family child care homes to be located in residences in proximity to outdoor activities, residential neighborhoods and commercial areas.

(3)    Purpose in Public and Community Facilities District. The purpose of this section in the public and community facilities district is to provide opportunities for large family child care homes to be located in residences in proximity to public facilities, such as schools, and near residential areas.

(4)    Purpose in Timber Production Districts. The purpose of this section in the timber production district is to provide opportunities for large family child care homes to be located in residences on land zoned for timber production consistent with the provisions of SCCC 13.10.375.

(B)    Application Requirements. In those nonresidential zone districts where large family child care homes are allowed in conjunction with a residential use, a Level V use approval is required. Approval of these permits shall be processed in accordance with the provisions of SCCC 18.10.223. Large family child care homes proposed to be located within the Coastal Zone shall require a coastal permit which is also processed at Level V.

(1)    Upon application submittal, the applicant must submit a statement of operation which includes the following information:

(a)    Number of employees.

(b)    Number of children.

(c)    Hours and days of operation.

(d)    Site plan which clearly illustrates the pick-up/drop-off area, on-site circulation and parking spaces.

(C)    Required Findings. Before a development permit (Level V use approval) for a large family child care home can be granted, the general findings for development permits set forth in SCCC 18.10.230(A) and, where applicable, coastal permit findings set forth in SCCC 13.20.110 shall be made in addition to the following findings:

(1)    In Timber Production Districts (TP), the following additional findings shall be made:

(a)    The large family day-care home use does not conflict with the growing and harvesting of sustained yield tree crop and all timber harvesting activities.

(b)    The large family day-care home operation is consistent with SCCC 13.10.375(A)(1).

(D)    Requirements. Before a large family child care home, authorized by a development permit, or, if applicable, a coastal development permit, can commence operation, the following requirements shall be met:

(1)    Location. The large family child care home must be operated in a residence or in the residential portion of a mixed use structure.

(a)    In the commercial zones, the percentage of residential square footage of the structure must comply with SCCC 13.10.332(B).

(b)    The large family child care home shall operate in the residential portion of the structure.

(2)    Occupancy. The owner or occupant of the residence must be the operator of the large family child care home and must be listed on the State License as the operator. The operator must live at the premises full-time.

(3)    Parking. Sufficient on-site parking must be provided for all employees of the large family child care home. Sufficient off-street parking equates to a minimum of one off-street parking space per full-time employee and a minimum of one off-street drop-off/pick-up parking space. Any alternative off-street parking standard must be deemed appropriate by the Zoning Administrator based on site constraints which would otherwise preclude the operation of a large family child care home on the property. Additionally, there shall be sufficient off-street and on-street parking such that the operation of this use will not impede local traffic nor cause traffic congestion during peak drop-off and pick-up periods.

(4)    Traffic. Unless found to be unnecessary due to ample drop-off and pick-up areas, a plan for staggering drop-off and pick-up times to minimize traffic shall be submitted and reviewed as part of the application. An operational condition shall require implementation of this traffic control plan.

(5)    Agricultural Buffers. Large family child care homes that are located adjacent to agriculturally zoned land (CA, A, AP) shall meet all the requirements of SCCC 16.50.095 pertaining to agricultural buffer setbacks.

(6)    Other Conditions. Other conditions deemed appropriate by the approving body may be applied to the development permit of a large family child care home to further the purposes of this section. [Ord. 5182 § 11, 2014; Ord. 4883 § 2, 2007; Ord. 4814 § 6, 2006].

Article VIII. Visitor Accommodations/Recreational Uses

13.10.690 Hosted rentals.

(A)    The purpose of this section is to establish regulations applicable to bedrooms in a dwelling unit that are rented as hosted rentals for periods of less than 30 days at a time. These regulations are in addition to all other provisions of this title. This section does not apply to Pajaro Dunes where hosted rentals are governed by an existing development permit.

(B)    Hosted rentals are allowed in any legal dwelling unit in any zone district where a residential use is allowed without the requirement for any other use. Habitable and nonhabitable accessory structures, accessory dwelling units, legally restricted affordable housing units, balconies, porches, and sheds shall not be used for short-term commercial lodging. Tents and recreational vehicles shall only be used for short-term commercial lodging on parcels appropriately zoned and permitted for such uses and are not allowable as a hosted rental use.

(C)    For the purposes of this section, “hosted rental” means a dwelling unit, where a long-term resident acting as host occupies one bedroom in a dwelling unit while one or two legal bedrooms are rented for the purpose of overnight lodging for a period of less than 30 days.

For the purposes of these regulations the following are not considered to be hosted rentals: (1) ongoing month-to-month tenancy granted to the same tenant for the same space, (2) a single short-term commercial stay of up to seven days per year, (3) permitted vacation rentals in which the entire home is rented while no host is present, and (4) short-term rentals of up to five bedrooms within a home, which meet the requirements of bed and breakfast inns per SCCC 13.10.691 and are permitted as such.

(1)    “Existing hosted rental” means a dwelling unit that was used as a hosted rental prior to December 5, 2017, and for which transient occupancy tax was paid for any hosted rental activity that took place during the three years preceding December 5, 2017.

(2)    “New hosted rental” means a dwelling unit that was not used as a hosted rental prior to December 5, 2017, or for which transient occupancy tax payment was not made for activity in the three years preceding December 5, 2017.

(D)    Permit Requirements. A hosted rental permit and transient occupancy tax registration, or proof of registry with a verified online platform, are required for each hosted rental. Each permitted hosted rental shall comply with the requirements of this section. Permits are valid for a period of five years at a time. Approval of a hosted rental permit does not legalize any nonpermitted use or structure. Hosted rental permits are issued to property owners for a specific property and are not transferable between owners or properties. Hosted rental permits are subject to revocation as provided for in SCCC 18.10.136, and subject to the violation provisions of subsection (I) of this section.

(E)    Relationship of Hosted Rental Permit to Vacation Rental Permit. If a property owner has obtained a hosted rental permit in a location that is subject to limits on vacation rental permits, pursuant to SCCC 13.10.694, the hosted rental permit does not confer the ability to obtain a vacation rental permit where the limited number of vacation rental permits have already been issued.

(1)    Existing Hosted Rental. At the inception of the Hosted Rental program, the County established a low-barrier method for recognizing and permitting then-existing hosted rentals. The term is retained here as an historic reference, but no longer has regulatory distinction and all hosted rentals are now considered to be either new or renewal hosted rentals.

(2)    New Hosted Rentals. Permits will be made available to new hosted rentals based upon waiting list procedures, on a first come, first served basis, at such time that availability occur when the total number of issued permits falls below 250; however, availability and issuance will also be subject to area and block limitations within Designated Areas (LODA, SALSDA, and DASDA). If permits issued to existing hosted rentals exceed 250, no permits shall be issued to new hosted rentals until the total number of active hosted rental permits falls below 250 through attrition. For applications for new hosted rentals no public hearing shall be required and action on these applications shall be by the Planning Director or designee with no notice provided.

(a)    In the Live Oak Designated Area (“LODA”), the Seacliff/Aptos/La Selva Designated Area (“SALSDA”), or the Davenport/Swanton Designated Area (“DASDA”), as defined in SCCC 13.10.694(C), no new hosted rental shall be approved if parcels with permitted vacation rentals and/or hosted rentals on the same block total 20 percent or more of the total parcels on that block that allow residential use, excluding those parcels in the Mobile Home Park Combining District; except that in the following areas the percentage of parcels that may have vacation rentals and/or hosted rentals is not limited:

(i)    Pot Belly Beach Road;

(ii)    Las Olas Drive;

(iii)    Those residentially zoned parcels in the Rio Del Mar flats consisting of parcels fronting on Stephen Road, Marina Avenue, and Venetian Road between its intersection with the Esplanade and Aptos Beach Drive to its intersection with Lake Court and Stephen Road;

(iv)    Those parcels fronting on or gaining access from Cliff Court or fronting on or gaining access from Rio Del Mar Boulevard between its intersection with Aptos Beach Drive and Beach Drive to its intersection with Kingsbury Drive, Cliff Drive, and Beach Villa Lane;

(v)    Beach Drive; and

(vi)    Via Gaviota.

(b)    Designated Area Caps. Within the LODA, SALSDA, and DASDA, a maximum number of vacation rental permits and hosted rental permits may be issued as established by SCCC 13.10.694(D)(2)(a), excluding those parcels in the Mobile Home Park Combining District.

(i)    Notwithstanding the 20 percent block maximums, each block in the LODA, the SALSDA, or the DASDA that has parcels that allow residential use, excluding those parcels in the Mobile Home Park Combining District, may have at least one parcel with a vacation rental and/or a hosted rental if the applicable vacation rental and hosted rental regulations otherwise allow for issuance of a vacation rental and/or hosted rental permit (i.e., the overall Designated Area limits on numbers of vacation rentals and numbers of hosted rentals within each of the Designated Areas, are not exceeded and applications for available vacation rental and/or hosted rental permits are being accepted for processing by the County Planning Department).

(ii)    A single parcel may hold permits for both a hosted rental and a vacation rental.

(c)    Applicants for a permit for a new hosted rental shall provide the following to the Planning Department:

(i)    Completed application form.

(ii)    Nonrefundable application fee as established by the Board of Supervisors.

(iii)    Affidavit verifying the legality, safety and habitability of the guest room or rooms including the presence of an egress door or window in the sleeping area, access to facilities for sanitation, and the proper number and location of working carbon monoxide detectors and smoke detectors in the residence.

(iv)    Copy of a rental/lease agreement, which shall include, but not necessarily be limited to, the performance standards listed in subsection (F) of this section.

(v)    Copy of County of Santa Cruz transient occupancy tax certificate number, or proof of registry with a verified online platform, for the purpose of the operation of a hosted rental.

(vi)    Hosted rental permits expire on the first business day on or after the date five years after the date of approval of the initial permit unless an application for renewal has been received by the Planning Department.

(3)    Renewal of Hosted Rental Permits. Hosted rental permits must be renewed every five years. An application to renew a permit for a hosted rental shall be made no sooner than 180 days before the expiration date of the existing permit, and no later than the date of expiration of that permit. Determination that the application is complete shall stay the expiration of the existing permit until final action is taken on the renewal application. Except as provided in SCCC 18.10.124(B), no public hearing shall be required and administrative action on permit renewal applications shall be by the Planning Director or designee, with no public notice of the proposed action required.

(a)    Applicants for renewal of a permit for a hosted rental shall provide the following to the Planning Department:

(i)    Completed application form.

(ii)    Nonrefundable application fee as established by the Board of Supervisors.

(iii)    Proof of payment of transient occupancy tax (or proof of registry with a verified online platform) for the use of the dwelling as a hosted rental and a summary of the dates the unit was used as a hosted rental between the time of issuance of the existing permit and the date of application for the renewal. Renewal applications must show significant rental use for three out of the previous five years. Significant rental use shall be interpreted to include no fewer than 10 percent of weekend nights in a given year, or a minimum occupancy of five weekends or 10 nights per calendar year.

(b)    Approval or renewal of a hosted rental renewal permit shall be based on affirmative findings as set forth in SCCC 18.10.230(A), and with consideration of factors identified in the applicable hosted rental violations provisions below. Denial of an application for renewal shall be based on one or more of the required findings not being able to be made, as set forth in SCCC 18.10.230(A), and with consideration to factors that would support non-renewal of the hosted rental permit.

(F)    All permitted hosted rentals shall comply with the following performance standards for their operations:

(1)    Number of People Allowed. The maximum number of guests allowed in a hosted rental shall not exceed three people per hosted bedroom. Children under eight are not counted toward maximum occupancy. Rental to unaccompanied minors under the age of 18 is prohibited.

(2)    Posting of House Rules. Hosted rental house rules shall be included in the rental agreement and also posted inside the hosted rental in a location readily visible to all guests. The house rules shall include, but not necessarily be limited to, the following: number of guests allowed, number of vehicles, noise limits, rules for pets, prohibition on events and outdoor parties, no illegal behavior or disturbances including an explicit statement that fireworks are illegal in Santa Cruz County, directions for trash management (e.g., trash to be kept in covered containers only), and emergency evacuation instructions.

(3)    Noise. All hosted rentals shall comply with the standards of Chapter 8.30 SCCC, Noise, and a copy of that chapter shall be posted inside the hosted rental in a location readily visible to all guests. No use of equipment requiring more than standard household electrical current at 110 volts or activities that produce noise, dust, odor, or vibration detrimental to occupants of adjoining dwellings is allowed within the hosted rental room.

(4)    Food. No cooking shall be allowed in any guest room or in any bathroom. Food service, if provided, shall be limited to breakfast served to guests only, and shall be subject to applicable regulations of the Santa Cruz County Environmental Health Department.

(5)    Pets. Pets, if allowed by the owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.

(6)    Events Prohibited. No weddings, outdoor parties, or similar activities are authorized under a hosted rental permit.

(7)    Habitability. The hosted rental shall provide facilities for sleeping, bathing, and toileting inside of a permanent dwelling that is suitable for human occupancy. Rental of sleeping space in or on balconies, porches, tents, sheds, vehicles, RVs, or outdoor areas is prohibited as a hosted rental.

(8)    Management. The long-term resident of a hosted rental is responsible for ensuring that the property does not become a nuisance due to short-term rental activity.

(9)    Signs. On-site advertising signs or other displays indicating that the residence is being utilized as a short-term rental are prohibited.

(10)    Parking. Neighborhood parking impact shall be mitigated by limiting guests of hosted rentals to bringing only one car per hosted bedroom to the hosted rental property. These cars may be parked on site or in legal street parking close to the host property.

(11)    Advertising. All advertising for hosted rentals shall include the hosted rental permit number in the first two lines of the advertisement text, and where photos are included, a photo containing the permit number shall be included.

(G)    Transient Occupancy Tax. Each hosted rental shall meet the regulations and standards set forth in Chapter 4.24 SCCC, and as administered by the County Tax Collector including any required payment of transient occupancy tax.

(H)    Transfer of Property with Hosted Rental Permit. When any property transfer triggers reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq. as determined by the Assessor, the hosted rental permit associated with the property shall expire and shall become nonrenewable at the time of property transfer. Availability and issuance of a hosted rental permit for any property within the Designated Areas (LODA, SALSDA, DASDA) shall be subject to the waiting list procedures of the vacation rental regulations of SCCC 13.10.694.

(I)    Violation. It is unlawful for any person to use or allow the use of property in violation of the provisions of this section or any conditions of approval contained in a hosted rental permit. The penalties for violation of this section are set forth in Chapter 19.01 SCCC, Enforcement of Land Use Regulations.

A violation of any of the requirements to obtain a hosted rental permit may be grounds for denial of a new hosted rental permit application. Further, violations of hosted rental regulations, or of any other provisions of the Santa Cruz County Code, may be grounds for denial of a renewal application or revocation of an existing vacation rental permit after consideration at a Level V public hearing by the Zoning Administrator (or by the Planning Commission upon referral).

If more than two significant violations occur on a hosted rental property within a 12-month period, a permit shall be noticed for a Level V public hearing to consider permit revocation. “Significant violations” are: citations for violation of Chapter 8.30 SCCC (Noise); violation of any specific conditions of approval associated with the permit; mis-advertising the capacity and limitations applicable to the hosted rental; written warnings, or other documentation filed by law enforcement; violations of State or County health regulations; non-compliance with a public health order or emergency regulation issued by State or local authorities which may limit use and occupancy of vacation rentals; delinquency in payment of transient occupancy taxes, fines, or penalties; non-responsive property management, including failure by the host or local property manager (as defined in SCCC 13.10.694(E)) to respond to calls within 60 minutes; and failure to maintain signage in compliance with this section. In the event a permit is revoked, the person or entity from whom the permit was revoked shall be barred from applying for a hosted rental permit for the same parcel without prior consent of the Board of Supervisors.

(J)    It is unlawful to make a false report to the Sheriff’s Office regarding activities associated with hosted rentals. [Ord. 5366 § 7, 2021; Ord. 5346 § 7, 2020; Ord. 5266 § 7, 2018].

13.10.691 Bed and breakfast inns.

(A)    A bed and breakfast inn offering one or more rooms (up to a maximum of five) for rent may be operated if the use is allowed in the applicable zone district and the required Level IV use approval is obtained.

(B)    The following guidelines for bed and breakfast inns and any additional conditions deemed applicable, shall be made a part of the permit.

(1)    All Uniform Building Code and Fire Code requirements for the level of occupancy shall be met.

(2)    All Environmental Health regulations shall be met, including water supply and septic system capacity. If applicable, as follows:

(a)    When a private water supply serves the premises, the operator will be required to obtain a bacteriological analysis of the water by an approved laboratory to demonstrate that the water is safe to drink.

(b)    Individual sewage disposal systems will be evaluated to determine if the system is adequate for the increased loading. A fee is required for this service.

(3)    In sewered areas, all applicable sanitation district fees shall be paid.

(4)    One off-street parking space shall be provided for each commercial guest room, in addition to the spaces normally required for the dwelling.

(5)    One unlighted sign with a maximum size of six square feet may be displayed. The words “hotel” or “motel” shall not be allowed. The sign’s size, color, text, and location shall be as specified under this use approval, as per the attached drawing.

(6)    At least one toilet, lavatory, and shower or bathtub shall be provided for each 10 guests. Where a multiple storied building is utilized, there must be a toilet, lavatory, and shower or bathtub on each floor.

(7)    Adequate storage for clean and dirty linen shall be provided.

(8)    Appropriate space and ventilation for each room shall be provided. Minimum space is 70 square feet per bedroom for two persons, 50 square feet for each additional person.

(C)    The bed and breakfast inn shall be registered with the County Tax Collector as being subject to the transient occupancy tax, and the use approval for a bed and breakfast inn shall become effective when the applicant obtains a transient occupancy permit from the County Tax Collector. Quarterly reports shall be filed and taxes paid as required by law.

(D)    An annual bed and breakfast inn health permit shall be obtained.

(E)    Operation of the bed and breakfast inn shall be subject to the following continuing requirements:

(1)    The operator shall reside in the inn.

(2)    Guest stays shall be limited to 30 days.

(3)    No cooking shall be allowed in guest rooms.

(4)    Food service shall be limited to breakfast served exclusively to lodgers, and facilities shall conform to the requirements of the California Health and Safety Code, Part 7: California Retail Food Code, as updated from time to time and enforced based on the required annual health permit inspection.

(F)    Different or additional restrictions, including but not limited to restrictions on parking, sign area or placement, hours of meals service, and sale of nonalcoholic beverages, may be placed on any bed and breakfast use to meet specific concerns. [Ord. 5266 § 7, 2018; Ord. 3632 § 20, 1985; Ord. 3432 § 1, 1983].

13.10.692 Organized camps and conference centers.

(A)    Purposes. The purposes of the special use regulations for organized camps and conference centers are as follows:

(1)    To foster the commercial use of the scenic and recreational values in the County, while the County benefits from the preservation of scenic elements, revenue from the visitors of the camps, and assistance in fire protection.

(2)    To maximize preservation of the environment and the amenities of a site by allowing flexible development procedures while controlling density, access, and impacts on neighboring properties.

(B)    Description of Uses. The following organized camp and conference center uses and facilities may be established as part of a Level VI development permit approval:

(1)    Indoor facilities such as: kitchens, dining rooms, laundries, administrative offices, maintenance buildings, meeting halls, restroom and shower facilities, gymnasiums and other indoor recreation facilities.

(2)    Visitor accommodations facilities subject to the density requirements contained in the PR Zone District, SCCC 13.10.353(B).

(3)    Educational facilities, including residential and day schools, at densities as specified in the PR District, SCCC 13.10.353(B); this density is instead of an equivalent amount of visitor accommodations and/or living units, not in addition to.

(4)    Outdoor facilities such as parking areas, playgrounds, athletic fields, picnic areas, and swimming, riding, and boating facilities.

(5)    Permitted and discretionary uses in the CA Zone District, SCCC 13.10.312.

(6)    Appurtenant, accessory facilities for participants only, such as: studios, libraries, museums, dispensaries, camp stores.

(C)    Accessory Uses. The following organized camp and conference center accessory uses and facilities may be added by a Level V approval to an organized camp development permit previously approved at Level VI:

(1)    Facilities for drainage and erosion control, sewerage, water supply, walkways, security and fire protection.

(2)    Signs, identification and directional, subject to the regulations for signs in the PR Zone District, SCCC 13.10.582.

(3)    Improvement or replacement of existing facilities with no increase in total capacity.

(4)    Permitted uses in the CA Zone District.

(D)    Operating and Development Standards. In addition to the zone district development standards and the policies of the General Plan, the following special operating and development standards shall apply to organized camps and conference centers:

(1)    The minimum site area shall be not less than 20 acres unless pre-existing.

(2)    Yards along front, side, and rear property lines shall be a minimum of 30 feet.

(3)    Building height shall not exceed 25 feet.

(4)    All structures shall conform to the Uniform Building Code.

(5)    The facility shall meet all regulations and requirements of the Environmental Health Division of the County Health Services Agency.

(6)    The facility and property shall conform to all requirements of the appropriate fire district. [Ord. 3432 § 1, 1983].

13.10.693 Time-share uses.

Time-share uses are prohibited in the unincorporated area of the County of Santa Cruz unless and until standards are established requiring provision of adequate infrastructure or in lieu fees therefor to mitigate the impacts of time-share uses. Notwithstanding the foregoing, approval of permit renewal (time extension) may be granted pursuant to SCCC 18.10.133 as to any development permit for time-share uses issued prior to October 23, 1986; provided, that such approval shall be subject to the conditions that the applicant for time extension agrees in writing that the County of Santa Cruz has the legal authority to impose a reasonable infrastructure fee as a condition of approval of permit renewal (time extension). [Ord. 3803 § 1, 1986; Ord. 3632 § 21, 1985].

13.10.694 Vacation rentals.

(A)    The purpose of this section is to establish regulations applicable to dwellings that are rented as vacation rentals for periods of not more than 30 days at a time. These regulations are in addition to all other provisions of this title. This section does not apply to Pajaro Dunes, where vacation rentals are governed by an existing development permit.

(B)    Vacation rentals are allowed in all zone districts that allow residential use with no requirement for any other use, except that any vacation rental meeting the requirements of subsections (C)(2) and (D)(1) of this section may be permitted in any zone district. Habitable accessory structures, nonhabitable accessory structures, accessory dwelling units (“ADUs”) constructed under the provisions of SCCC 13.10.681, 13.20.107, or 13.20.108, and legally restricted affordable housing units shall not be used as vacation rentals. Further, no new vacation rental permits or transfer of permits shall be granted on parcels containing ADUs after March 9, 2018.

(C)    For the purposes of this section, the following terms have the stated meanings:

(1)    “Vacation rental” means a single-family dwelling unit, duplex, or triplex (including condominium and townhouse units, but not including apartments or manufactured homes in a mobile home park), where the owner/operator/local property manager/agent does not occupy the dwelling unit while it is rented, only the renter and guests thereof occupy the dwelling unit while it is rented, and the dwelling unit is rented for the purpose of overnight lodging for a period of not more than 30 days. Where there is more than one dwelling on a property as part of a dwelling group, the owner/operator/contact person/agent may live in a dwelling that is not used as a vacation rental. For the purposes of these regulations, the following are not considered to be vacation rentals: (a) ongoing month-to-month tenancy granted to the same renter for the same unit, (b) one less-than-30-day period per year, (c) a house exchange for which there is no payment, or (d) renting of individual rooms in a dwelling unit while the primary occupant remains on site.

(2)    “Existing vacation rental” means a dwelling unit that was used as a vacation rental prior to April 5, 2011, and for which a vacation rental permit application was made on or before November 28, 2011, and for which a vacation rental permit was granted based on an application submitted on or before November 28, 2011.

(3)    “New vacation rental” means a dwelling unit that was not used as a vacation rental prior to April 5, 2011, or for which a vacation rental permit application was not made on or before November 29, 2011, or for which a vacation rental permit has not been granted.

(4)    The “Live Oak Designated Area” or “LODA” means the Yacht Harbor Special Community (as described in the General Plan—Local Coastal Program and depicted on the General Plan—Local Coastal Program map) and that portion of Live Oak that lies east and south of East Cliff Drive and Portola Drive from the intersection of 9th Avenue and East Cliff Drive to the intersection of Portola Drive and 41st Avenue, as depicted in Figure LODA, attached to the ordinance codified in this section.

(5)    The “Sea Cliff/Aptos/La Selva Designated Area” or “SALSDA” means that portion of the Aptos Planning Area bounded on the west by the Capitola city limit, on the north by Highway 1, and on the east and southeast by Bonita Drive, San Andreas Road, the Urban Services Line from San Andreas Road to Monterey Bay, and the community of La Selva Beach, as depicted in Figure SALSDA, attached to the ordinance codified in this section.

(6)    The “Davenport/Swanton Designated Area” or “DASDA” means that portion of the North Coast Planning Area bounded on the south by Riverside Avenue and San Vincente Street in the unincorporated town of Davenport, and extending north along Highway 1 to include the areas of New Town and Davenport Landing south of Highway 1, and bounded on the north by the intersection of Swanton Road and Highway 1, and including all parcels within one-quarter mile of Swanton Road, but excluding any parcels that abut Last Chance Road, as depicted in Figure DASDA, attached to the ordinance codified in this section.

(7)    “Block” means the properties abutting both sides of a street extending from one intersecting street to another or to the terminus of the street, as indicated on the official Block Map (adopted by the Board of Supervisors on August 18, 2020). In the DASDA, “blocks” shall apply only in the town of Davenport, extending to all the R-1 zoned parcels along San Vincente Street, in New Town on Cement Plant, Adeline, and 1st, 2nd, and 3rd Streets, and on Davenport Landing.

(D)    Permit Requirements. A vacation rental permit and transient occupancy tax registration (or proof of registration with verified vacation rental platforms) are required for each residential vacation rental. Each vacation rental permit shall remain valid as long as the vacation rental operates for at least three out of any consecutive five years, except that each vacation rental permit issued for a vacation rental shall expire the same month and day five years subsequent to the date of issuance of the original permit or as otherwise provided in subsection (D)(3) of this section. If the expiration date falls on a Saturday or a Sunday, the following Monday shall be considered to be the expiration date. Approval of a vacation rental permit does not legalize any nonpermitted use or structure. Vacation rental permits are subject to revocation as provided for in SCCC 18.10.136.

(1)    Existing Vacation Rental. At the inception of the Vacation Rental program, the County established a low-barrier method for recognizing and permitting then-existing vacation rentals. The term is retained here as an historic reference but no longer has regulatory distinction, and all vacation rentals are now considered to be either new or renewal vacation rentals.

(2)    New Vacation Rentals. For new applications for vacation rentals of three bedrooms or fewer, except as provided in SCCC 18.10.124(B), no public hearing shall be required and action on these applications shall be by the Planning Director or designee through the Level IV administrative use permit process as provided in SCCC 18.10.131(B). Appeals of the action on the application may be made by any member of the public pursuant to SCCC 18.10.324, and the Planning Director may refer the application to the Zoning Administrator or Planning Commission for a public hearing in accordance with SCCC 18.10.124(B). For new applications for vacation rentals consisting of four or more bedrooms, the application shall be considered at a public hearing in accordance with Level V use permit public hearing procedures as provided in SCCC 18.10.131(C). Any new vacation rental permit issued for vacation rentals consisting of four or more bedrooms will be given a one-year provisional permit subject to review for compliance with vacation rental code requirements prior to granting the remainder of the standard five-year term. When a public hearing is required, notice of such a public hearing shall be provided not less than 10 calendar days before the public hearing, pursuant to SCCC 18.10.223.

(a)    Designated Area Caps. Within the LODA, no more than 262 vacation rental permits shall be issued, and no more than 18 hosted rental permits shall be issued, for a total of 280 vacation rentals and hosted rentals in the LODA. Within the SALSDA, no more than 241 vacation rental permits shall be issued, and no more than 45 hosted rental permits shall be issued, for a total of 286 vacation rentals and hosted rentals in the SALSDA. Within the DASDA, no more than three vacation rental permits shall be issued, and no more than four hosted rental permits shall be issued, for a total of seven vacation rentals and hosted rentals in the DASDA.

(b)    Designated Area Block Limits. In the LODA, SALSDA or DASDA (“Designated Areas”), no new vacation rental shall be approved if parcels with permitted vacation rentals or permitted hosted rentals on the same block total 20 percent or more of the total parcels on that block that allow residential use. A Block Map adopted by resolution of the Board of Supervisors shall assign parcels to blocks to determine block capacity for future vacation rental permits. In the count of parcels that allow residential use in each of the Designated Areas, parcels in the Mobile Home Park Combining Zone District shall be excluded.

The count of parcels that allow residential use shall not include the following streets and areas because numbers are not limited by caps or block limits in these locations: Pot Belly Beach Road; Las Olas Drive; those residentially zoned parcels in the Rio Del Mar flats consisting of parcels fronting on Stephen Road, Marina Avenue, and Venetian Road between its intersection with the Esplanade and Aptos Beach Drive to its intersection with Lake Court and Stephen Road; those parcels fronting on or gaining access from Cliff Court or fronting on or gaining access from Rio Del Mar Boulevard between its intersection with Aptos Beach Drive and Beach Drive to its intersection with Kingsbury Drive, Cliff Drive, and Beach Villa Lane; Beach Drive; and Via Gaviota.

Notwithstanding these block limits, each block in the LODA, SALSDA, or DASDA that has parcels that allow residential use, excluding those parcels in the Mobile Home Park Combining Zone District, may have at least one vacation rental or hosted rental if otherwise allowable under applicable Designated Area Caps for both vacation rentals and hosted rentals.

(i)    Block Map Adjustment. Several areas throughout the County, especially in the LODA and SALSDA, are comprised of incongruous “blocks.” The Block Map is intended to clarify that parcels are permanently assigned to a block in the most organized fashion possible; however, adjustment of blocks may be warranted in certain circumstances. In conjunction with applying for a Vacation Rental Permit, an applicant may request a Block Map Adjustment.

(ii)    The Planning Director or designee has the discretion to adjust the Block Map upon making the following finding:

Adjustment of the Block Map is warranted because the block in question is incongruous and such adjustment of the Block Map will not result in an overconcentration (20 percent or more) of parcels with vacation rentals on the assigned block.

(c)    Applicants for a permit for a new vacation rental shall provide the following to the Planning Department:

(i)    Completed application form.

(ii)    Application fee deposit. The deposit will cover the estimated costs of processing the application for a new vacation rental permit. Upon notice by the Planning Department, applicants may need to deposit additional funds to cover further processing costs.

(iii)    Plans, which do not need to be drawn by a professional, drawn to scale including the following:

A.    Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces.

B.    Floor plan showing all rooms with each room labeled as to room type.

(iv)    Form of a rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following:

A.    Number of guests allowed, which shall not exceed two per legal bedroom plus two additional guests (children under eight years old not counted); for celebrations and gatherings between 8:00 a.m. and 10:00 p.m., the maximum number of people allowed is twice the maximum number of guests allowed.

B.    Number of vehicles a guest is allowed to park on site and off site (specific to the neighborhood), which shall not exceed the number of existing, required, or permitted parking spaces. The on-site parking requirements for new vacation rental permits shall be a minimum of one on-site space for one- and two-bedroom units, and a minimum of two on-site spaces for three- or more bedroom units. The guest will be allowed to park one additional vehicle off site. The guest must use street parking for the off-site vehicle in the vicinity of the vacation rental but will not have any exclusive or assigned use of any available street parking. Should off-site parking occur within a parking district, the vacation rental permit holder will be required to purchase a parking permit at the business rate and will not be eligible for residential parking permit allocations. In situations where the required on-site parking cannot be provided, an on-site parking exception may be requested in conjunction with a Level V Vacation Rental Permit Application, for consideration by the Zoning Administrator at a public hearing, who shall make the following finding in conjunction with approval of the parking exception:

Existing traffic and parking on nearby streets and properties would not be adversely affected by granting of an on-site parking reduction, as off-site parking is typically available and not subject to significant levels of congestion.

C.    Restrictions on noise, illegal behavior, and disturbances, including an explicit statement that fireworks are illegal in Santa Cruz County; and directions for trash management (e.g., trash to be kept in covered containers only).

(v)    Copy of County of Santa Cruz transient occupancy registration, or proof of registry with a verified online platform, for the purpose of the operation of a vacation rental.

(vi)    No new vacation rental use may be permitted in a dwelling unit having a common wall or walls with another dwelling unit, unless the applicant provides a written agreement acceptable to the County and signed by the record owner(s) of the adjoining dwelling unit(s) either at the time of application submittal or prior to approval of the vacation rental permit, stating that they are aware of the proposed vacation rental use and have no objection to issuance of a permit for such use. The agreement shall be binding on the parties thereto and their successors in interest for so long as the vacation rental permit for which the agreement was submitted, if issued, remains valid, and each party shall be responsible to inform its own successor(s) in interest in the unit of the agreement as part of the sale or transfer of the unit to such successor(s).

(vii)    Only one vacation rental is permitted per parcel regardless of the number or configuration of dwellings on the parcel.

(d)    Residences that are subject to affordable housing covenants and/or are income-restricted for affordable housing purposes are not eligible for a vacation rental permit.

(e)    Waiting List. The Planning Department shall maintain a waiting list in the event that a Designated Area is at or exceeds the established block or designated area maximum, which shall be comprised of property owners who wish to operate either a vacation rental or a hosted rental in the LODA, SALSDA or DASDA. Prospective applicants shall submit requests via a Waiting List Request Form. Applicants for the waiting list must be the current owner/s of the property. The waiting list request shall become void upon transfer of ownership in accordance with the criteria outlined in subsection (D)(4) of this section.

(3)    Renewal of Vacation Rental Permits. All vacation rental permits must be renewed every five years starting on December 15, 2020, except those in the LODA and SALSDA, where vacation rental permits must be renewed every five years from the date of issuance. An application to renew a permit for a vacation rental shall be submitted no sooner than 180 days before the expiration date of the existing permit, and no later than the date of expiration of that permit. Upon receipt of a complete application, the expiration of the existing permit shall be stayed until final action is taken on the renewal application. Except as provided in SCCC 18.10.124(B), vacation rental renewals shall be processed pursuant to the Level IV administrative use permit process as provided in SCCC 18.10.131(B). Appeals of the proposed action on the renewal application may be made by the applicant or any member of the public pursuant to SCCC 18.10.324.

(a)    If a public hearing is required, the Planning Director shall schedule the public hearing before either the Zoning Administrator or the Planning Commission, at the Planning Director’s discretion. Notice of such a public hearing shall be provided not less than 10 calendar days before the public hearing, pursuant to SCCC 18.10.223.

(b)    Applicants for renewal of a permit for a vacation rental shall provide the following to the Planning Department:

(i)    Completed application form.

(ii)    Application fee deposit. The deposit will cover the estimated costs of processing the application for renewal of a vacation rental permit. Upon notice by the Planning Department, applicants may need to deposit additional funds to cover further processing costs.

(iii)    Proof of payment of transient occupancy tax, or proof of registry with a verified online platform, for the use of the dwelling as a vacation rental and a summary of the dates the unit was used as a vacation rental between the time of issuance of the existing permit and the date of application for the renewal. For renewal applications processed prior to November 1, 2016, renewal applications must show significant rental use of the unit for two of the previous five years. For renewal applications processed on or after November 1, 2016, applications must show significant rental use for three out of the previous five years. Significant rental use shall be interpreted to include no fewer than 10 percent of weekend nights in a given year, or a minimum occupancy of five weekends or 10 nights per calendar year.

(iv)    A photograph of the sign installed on the parcel as required by the existing permit, and clearly including all information required under subsection (F) of this section.

(c)    Processing of renewal applications includes a review of any issued or pending building permits or other permits and review of all pertinent information specific to complaints, if any, that have been received about the subject vacation rental. Approval of a vacation rental renewal permit shall be based on affirmative findings as set forth in SCCC 18.10.230. Denial of an application for renewal shall be based on one or more of the required findings not being able to be made, as set forth in SCCC 18.10.230(A). Additionally, a County Code violation or violations related to the property, such as operating the vacation rental while under emergency orders from the State or County that prohibit such operation, mis-advertising the rental, citations for violation of Chapter 8.30 (Noise) SCCC, and/or failure of the local property manager to timely respond to complaints are all grounds for denial.

(d)    Renewals of “Existing Vacation Rentals,” or permits issued pursuant to the first-adopted version of the County’s vacation rental regulations in 2011, shall not be subject to block density, neighbor sign-off for condominium units with shared walls, on-site parking requirements, or the restriction on operating a vacation rental on a property which is also developed with an ADU. Additionally, the restriction not allowing vacation rentals in ADUs applies only to vacation rental permits originally issued after March 9, 2018.

(4)    Transfer of Property with Vacation Rental Permit in the LODA, SALSDA, or DASDA. Within the Live Oak Designated Area, the Seacliff/Aptos/La Selva Designated Area (except within the La Selva Beach community), and the Davenport/Swanton Designated Area, for properties transferred after September 13, 2016, when a property transfer triggers reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Assessor, the vacation rental permit(s) associated with the property shall expire and shall become nonrenewable at the time of property transfer. For properties located in all other areas of the County, and including the community of La Selva Beach, that are transferred after December 21, 2020, when a property transfer triggers reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Assessor, the vacation rental permit(s) associated with the property shall expire and shall become nonrenewable at the time of property transfer. Any future use as a vacation rental shall require approval of an application for a new vacation rental rather than a renewal vacation rental.

(5)    Expansion of Permitted Vacation Rental. In addition to any other permits required for a proposal to expand the square footage of a permitted vacation rental structure by an amount equal to or more than 50 percent or to increase the existing number of bedrooms by demolition or remodeling, a new vacation rental permit shall be required in accordance with subsection (D)(2) of this section.

(E)    Local Property Manager. All vacation rentals shall designate a local property manager, who is located within 30 miles of the vacation rental. The local property manager shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. A property owner who lives within 30 miles of the vacation rental may designate themself as the local property manager. Failure to respond within 60 minutes of being contacted, as verified by County Code Enforcement staff or the County Sheriff, shall constitute a significant violation and may lead to revocation of the permit in accordance with SCCC 18.10.136.

The applicant shall mail, deliver, or otherwise provide the name, address, telephone number(s) of the local property manager, and the beginning and expiration dates of the vacation rental permit, to the Planning Department, the local Sheriff Substation, the Auditor-Controller-Treasurer Tax Collector, the main County Sheriff’s Office, and the local fire agency, and to the property owners of all properties located within a 300-foot radius of the boundaries of the parcel on which the vacation rental is located. Proof of mailing or delivery of the contact information to all of the above shall be submitted to the Planning Department within 30 days of permit approval, amendment, or renewal. The name, address and telephone number(s) of the local property manager shall be permanently posted in the rental unit in a prominent location. Any change in the local property manager’s address or telephone number shall be promptly furnished to the agencies and neighboring property owners as specified in this subsection.

(F)    Signs. All vacation rentals shall have a sign identifying the structure as a permitted vacation rental and listing the 24-hour local property manager responsible for responding to complaints and providing general information, which shall be placed no more than 20 feet back from the nearest street. For all rentals, the sign must also display the beginning and end dates of the five-year vacation rental permit. This information shall be updated upon any renewal of such a permit. The sign may be of any shape but may not exceed 216 square inches. There is no minimum sign size so long as the information on the sign is legible from the nearest street. A sign required by this subsection shall be continuously maintained while the dwelling is rented.

(G)    Posting of Rules. Vacation rental rules shall be posted inside the vacation rental in a location readily visible to all guests. The rules shall include, but not necessarily be limited to, the following: number of guests allowed; number of vehicles allowed; restrictions on noise, illegal behavior, and disturbances, including an explicit statement that fireworks are illegal in Santa Cruz County; and directions for trash management (e.g., trash to be kept in covered containers only).

(H)    Noise. All residential vacation rentals shall comply with the standards of Chapter 8.30 SCCC (Noise) and a copy of that chapter shall be posted inside the vacation rental in a location readily visible to all guests. No use of equipment requiring more than standard household electrical current at 110 or 220 volts or activities that produce noise, dust, odor, or vibration detrimental to occupants of adjoining dwellings is allowed.

(I)    Transient Occupancy Tax. Each residential vacation rental owner shall meet the regulations and standards set forth in Chapter 4.24 SCCC, including any required payment of transient occupancy tax for each residential vacation rental unit.

(J)    Advertising. All advertising for vacation rentals shall include the vacation rental permit number in the first two lines of the advertisement text, and where photos are included, a photo containing the permit number shall be included, as well as a photo of the required signage that includes the 24-hour contact information and vacation rental identification. Advertising a vacation rental for a property without a vacation rental permit is a violation of this chapter and violators are subject to the penalties set forth in Chapter 19.01 SCCC.

(K)    Dispute Resolution. By accepting a vacation rental permit, vacation rental owners agree to engage in dispute resolution and act in good faith to resolve disputes with neighbors arising from the use of a dwelling as a vacation rental. Unless an alternative dispute resolution entity is agreed to by all parties involved, dispute resolution shall be conducted through the Conflict Resolution Center of Santa Cruz County.

(L)    Violation. It is unlawful for any person to use or allow the use of property in violation of the provisions of this section. The penalties for violation of this section are set forth in Chapter 19.01 SCCC, Enforcement of Land Use Regulations.

A violation of any of the requirements to obtain a vacation rental permit may be grounds for denial of a new vacation rental permit application. Further, violations of vacation rental regulations, or of any other provision of the Santa Cruz County Code, may be grounds for denial of a renewal application or revocation of an existing vacation rental permit after consideration at a Level V public hearing by the Zoning Administrator (or by the Planning Commission upon referral).

If more than two significant violations occur on a vacation rental property within a 12-month period, a permit shall be noticed for a Level V public hearing to consider permit revocation. “Significant violations” are: citations for violation of Chapter 8.30 SCCC (Noise); violation of any specific conditions of approval associated with the permit; mis-advertising the capacity and limitations applicable to the vacation rental; written warnings, or other documentation filed by law enforcement; violations of State or County health regulations; non-compliance with a public health order or emergency regulation issued by State or local authorities which may limit use and occupancy of vacation rentals; delinquency in payment of transient occupancy taxes, fines, or penalties; non-responsive property management, including failure by the local property manager to respond to calls within 60 minutes; and failure to maintain signage. In the event a permit is revoked, the person or entity from whom the permit was revoked shall be barred from applying for a vacation rental permit for the same parcel without prior consent of the Board of Supervisors.

(M)    It is unlawful to make a false report to the Sheriff’s Office regarding activities associated with vacation rentals. [Ord. 5365 § 5, 2021; Ord. 5345 § 5, 2020; Ord. 5266 § 8, 2018; Ord. 5265 § 12, 2018; Ord. 5264 § 13, 2018; Ord. 5229 § 5, 2016; Ord. 5198 § 1, 2015; Ord. 5092 § 6, 2011].

13.10.695 Locational criteria for timber cutting and removal.

Repealed by Ord. 4873. [Ord. 4578 § 4, 1999; Ord. 4571 § 1, 1999].

Part VII. DEFINITIONS

13.10.700 Definitions.

For the purposes of this chapter certain terms used herein are defined as follows:

(A)    All words in the present tense shall include the future tense. All words in the singular number shall include the plural number and all words in the plural number shall include the singular number, unless the natural construction of the wording indicates otherwise. The word “shall” is mandatory and not directory.

(B)    All terms used in this chapter shall be as defined in the General Plan, including the Local Coastal Program Land Use Plan glossaries, except as noted in this chapter. [Ord. 3432 § 1, 1983].

13.10.700-A “A” definitions.

“A” means the Agricultural Zone District (SCCC 13.10.310).

“Abutting, adjoining, adjacent” means touching the subject parcel and not separated from the subject parcel by a road, street, or other property.

Accessory. See “Appurtenant use.”

“Accessory Dwelling Unit” (ADU) means, in compliance with California Government Code Section 65852.2, an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking (area meeting the definition of Kitchen), and sanitation. A tiny home on wheels may be used as an ADU. See also Junior Accessory Dwelling Unit, Conversion ADU and New Construction ADU.

“Affected property” means any property whose buildings, fences, other structures or vegetation interfere with, or is likely in the future to interfere with, the solar access of the existing or proposed solar energy system.

“Affordable housing” means housing capable of purchase or rental by a person with average or below average income, as determined periodically by the U.S. Department of Housing and Urban Development based on the median household income for Santa Cruz County.

“Agricultural caretakers’ mobile home” means a travel trailer or mobile home maintained as temporary living quarters for persons employed principally for security needs and/or farming and related activities on the parcel on which the unit is located. This use is an accessory use to the main dwelling on the property or in place of the main dwelling.

“Agricultural custom work occupations” means an agricultural support service for hire which is conducted as a secondary or incidental use on a parcel where agriculture is the primary use such as fumigation services, land leveling, irrigation contracting and farm equipment repair.

“Agricultural lands, Types 1, 2, and 3” means agricultural land type designations applied pursuant to a County classified system as established in Chapter 16.50 SCCC (SCCC 16.50.030 and 16.50.040).

“Agricultural Policy Advisory Commission” means an advisory commission created pursuant to Chapter 16.50 SCCC to advise the Board of Supervisors and Planning Commission on policy matters related to agricultural uses.

“Agricultural preserve” means a contract between a landowner and Santa Cruz County establishing that certain land will be used only for agricultural purposes for a minimum of 10 years. The 10-year period is renewed every year. In recognition of this land use restriction, the landowner may receive preferential taxation on that land.

“Agricultural service establishment” means a business engaged in activities designed to support agricultural production and marketing such as application of agricultural chemicals, grading and irrigation contracting, harvesting, hauling of produce or other agricultural products, and large scale off-site cold storage facilities. This service does not include manufacturing or processing.

“Agriculture” means the art or science of cultivating the ground, including the harvesting of crops and the rearing and management of livestock; tillage; husbandry; farming; horticulture.

“Air strip” means a landing strip for private planes of the property owner, employee, or guest; a noncommercial landing strip.

“Alley” means a passage or way open to public travel permanently reserved primarily for vehicular service access to the rear or side of properties otherwise abutting on a street.

Allowed Use. See “Use, allowed.”

“Amusement park” means a site authorized for outdoor recreation consisting of rides, games of skill, and food concessions.

“Ancillary; subsidiary or subordinate” means a use secondary to the main use of a property. It is a use in support of and connected with that main use.

“Animal raising, family” means the noncommercial raising or maintaining of poultry or other fowl (not including guinea fowl, crowing roosters, turkey gobblers or peacocks) or rabbits, chinchillas, hamsters, guinea pigs or similar small animals. (See also SCCC 13.10.643 for animal keeping in the RA Zone.)

“AP” means the Agricultural Preserve Zone District (SCCC 13.10.310).

“Approving body” means the officer or hearing body which makes the determination on applications at each processing level, as defined in SCCC 18.10.112, including the Planning Director, the Zoning Administrator, the Planning Commission and the Board of Supervisors.

“Appurtenant use” means any use accessory to the main use and customarily a part thereof; an appurtenant use is clearly incidental and secondary to the main use and does not change the character of the main use.

Aquaculture. Section 30100.2 (California Coastal Act) defines “aquaculture” and states: “‘Aquaculture’ means a form of agriculture as defined in Section 17 of the Fish and Game Code. Aquaculture products are agricultural products, and aquaculture facilities and land uses shall be treated as agricultural facilities and land uses in all planning and permit issuing decisions governed by this division.”

Attached. For purposes of determining the requirement for minimum separation between structures, any two structures shall be considered attached and not required to maintain a minimum separation if they are connected by a continuous roofline which conforms to the architectural style of the structures.

“Attached structure” means a structure joined by a common wall or floor/ceiling assembly to another structure with a door or stairs providing interior access from the one to the other.

Attic. For planning and zoning purposes, an attic is the space between the underside of the roof framing (rafters or beams that directly support the roof sheathing) and the upperside of the ceiling framing. Attics are not considered a story. If any part of an attic is seven feet six inches or higher, then all areas greater than five feet zero inches in height shall count as area for FAR calculations.

“Automobile repair shop” means a structure or portion thereof where automobiles or parts thereof are overhauled, repaired, rebuilt, or reconditioned, including body and fender work or painting.

“Automobile service station” means a place where gasoline or other motor fuel, lubricating oil or grease for the operation of automobiles or other vehicles are offered for sale to the public, including lubrication and incidental repairing, maintenance and washing, but excluding body and fender work and painting. No chain conveyor, blower or steam-cleaning device shall be used in connection therewith. (See also “Gasoline station.”)

“Automobile Wrecking Yards.” See “Motor vehicle wrecking yard.” [Ord. 5413 § 3, 2022; Ord. 5326 § 21, 2020; Ord. 5325 § 21, 2020; Ord. 5265 § 13, 2018; Ord. 5264 § 14, 2018; Ord. 5239 § 9, 2017; Ord. 4836 § 104, 2006; Ord. 4496-C § 59, 1998; Ord. 4495 § 8, 1998; Ord. 4324A § 2, 1994; Ord. 4282 § 2, 1993; Ord. 4159 § 6, 1991; Ord. 4158 § 5, 1991; Ord. 4099 § 5, 1990; Ord. 3769 § 1, 1986; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-B “B” definitions.

Basement. For planning and zoning purposes, a basement is the space below the bottom of the floor framing (joists or girders that directly support the floor sheathing) and the basement floor.

To qualify as a basement, more than 50 percent of the basement exterior perimeter wall area must be below grade and no more than 20 percent of the perimeter exterior wall may exceed five feet six inches above the exterior grade.

If any part of a basement is seven feet six inches or higher, then all areas greater than five feet zero inches in height shall count as area for FAR calculations.

Basements are not considered as a story.

“Bath or massage establishment” means any establishment having a fixed place of business where baths or massages are provided, conducted, carried on, or permitted as a main or primary use.

“Bed and breakfast inn” means a dwelling in which not more than five bedrooms are available for short-term rental not to exceed 30 days, but not including nursing homes or hosted rentals operating with a valid permit.

“Bedroom” means any space in the conditioned (heated) area of a dwelling unit which is 70 square feet and greater in size and which is an exterior room shall be counted as a bedroom unless it is one of the following:

(1)    Hall;

(2)    Bathroom;

(3)    Kitchen;

(4)    Living room (maximum of one per dwelling unit);

(5)    Dining room (opening off of the kitchen or living room, maximum one per dwelling unit);

(6)    Family room (opening off of the kitchen or living room, maximum one per dwelling unit);

(7)    Breakfast nook (opening off of the kitchen, maximum of one per dwelling unit);

(8)    Pantry (maximum of one per dwelling unit);

(9)    Laundry room;

(10)    Closet/dressing room opening off of a bedroom.

Sewing rooms, dens, offices, studios, lofts, game rooms, and any other exterior room 70 square feet and greater in size shall be counted as bedrooms regardless of whether they are entered through a door, unless the room is otherwise exempted.

The Planning Director may grant exceptions, if, in his/her discretion, a room cannot, by its design, function as a bedroom.

“Benefitted property” means any property whose solar access may be adversely affected by construction or vegetation on the parcel for which a development permit is being requested.

“Block” means the properties abutting on one side of a street between two intersecting or intercepting streets, or between an intersecting or intercepting street and a railroad right-of-way, unsubdivided land or watercourse.

“Board” means the Board of Supervisors of the County of Santa Cruz.

“Brewery” means a commercial brewing establishment, over and above the amount for home consumption.

“Brewpub” means a very small brewery producing less than 15,000 barrels a year which is sold exclusively at a restaurant or pub on the premises. Additionally, other suppliers’ bottled beer as well as wine is typically sold to patrons for consumption on the premises.

“Buffer” means a strip of land separating two distinct land uses, such as residential and commercial or residential and agricultural and which acts to soften or reduce the effect of one land use on another. Buffers may include such measures as landscaping, and/or physical barriers, and distance to produce the softening effect.

“Building” means any wood frame structure or more lasting type of construction, having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person or animal, but not including any tent, recreational vehicle, or mobile home, and not including preconstructed buildings (see definition).

“Building Official” means the person appointed by the Planning Director to head the Permit and Inspection Services Section of the Planning Department.

“Building site” means an area of land occupied by or proposed as a location for a building or manufactured home. [Ord. 5266 § 10, 2018; Ord. 4836 § 105, 2006; Ord. 4496-C §§ 60, 61, 1998; Ord. 4396 § 2, 1995; Ord. 4346 § 35, 1994; Ord. 4159 § 6, 1991; Ord. 4122 § 9, 1991; Ord. 4119 § 9, 1991; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-C “C” definitions.

“C-1” means the Neighborhood Commercial Zone District (SCCC 13.10.330).

“C-2” means the Community Commercial Zone District (SCCC 13.10.330).

“C-4” means the Commercial Services Zone District (SCCC 13.10.330).

“CA” means the Commercial Agricultural Zone District (SCCC 13.10.310).

“Campgrounds” means land or premises which are used or intended to be used, let or rented for temporary occupancy by campers travelling by automobile or otherwise, or for occupancy by tents or similar quarters; tent or recreational vehicle camping parks.

“Camp, organized” means a site having facilities for the purpose of conducting a supervised program which provides educational, spiritual, social, or recreational elements. Group camp.

“Cannabis cultivation” means the planting, growing, developing, propagating, harvesting, drying, processing, curing, grading, trimming, packaging, or storage of one or more cannabis plants or any part thereof in any location, indoor or outdoor, including within a fully enclosed and secure building. This definition should be read consistently with the definition for cannabis cultivation set forth in Chapter 7.128 SCCC, to the extent there may be minor differences. Cannabis cultivation is considered by the County of Santa Cruz to be an agricultural activity.

“Cannabis cultivation area” means the sum of the canopy, immature plant growth area and the nursery square footage, as applicable.

“Cannabis distribution” means the activity of transporting cannabis or cannabis products between State licensed cannabis businesses, and any ancillary activity, such as cannabis flower packaging, pre-roll packaging or labeling products, or storage between transport, that is conducted in association with the distribution activity.

“Cannabis manufacture (commercial)” means the production, preparation, propagation, or compounding of manufactured cannabis products either directly or indirectly, or by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, at a fixed location including any storage, packaging, or repackaging of cannabis products in conjunction with manufacture.

“Cannabis nursery” means an operation with a Class N license engaged in activity or activities associated with producing clones, immature plants, and seeds. A cannabis nursery is a type of cultivation activity.

“Cannabis processing” means all activities associated with the drying, curing, grading, trimming, rolling, storing packaging, and labeling of non-manufactured cannabis products. Cannabis processing is a type of cultivation activity.

“Canopy” means the designated area(s) at a licensed premises, except nurseries and processors, that will contain mature cannabis plants at any point in time, as follows:

(1)    Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature cannabis plants at any point in time, including all of the space(s) within the boundaries;

(2)    Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and

(3)    If mature cannabis plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.

“Cat” means a domestic cat (Felis catus) of either sex, altered or unaltered, that has reached the age of four months.

“Child care home, large family” means a dwelling whose occupant provides care, protection, and supervision of between seven and 14 children, at any time, for periods of less than 24 hours a day in accordance with a State license.

“Child care home, small family” means a dwelling whose occupant provides care, protection, and supervision of up to eight children, at any time, for periods of less than 24 hours a day in accordance with a State license.

“Club” means any association or club activity except one whose chief activity is a service customarily carried on as a business.

“Coastal Zone” means that portion of the Coastal Zone, as established by the California Coastal Act of 1976 and as it may subsequently be amended, which lies within the unincorporated area of Santa Cruz County.

“Commercial feed lot” means premises on which animals are held or maintained for the purpose of feeding and fattening for market as distinguished from feed yards accessory to the raising of animals in connection with agricultural pursuits.

“Commission” means the Planning Commission as appointed by the County Board of Supervisors. See Chapter 2.74 SCCC.

“Compatibility analysis” means an analysis, prepared by a certified forester, of the effect of a proposed use on the long-term management of timber resources on the parcel or parcels for which the use is proposed or which could be affected by the proposed use.

“Congregate care senior housing” means elderly housing with individual living units which provides residents with central management, a minimum of two meals per day in a central dining facility, and transportation services. Congregate care also provides recreational and social activities and facilities. Maid and linen service, sundries, beautician, banking and other similar services may also be made available where they are appurtenant to the congregate care use on the site. Another term used for congregate care housing is life care facility, which is a congregate care development as described above in conjunction with a nursing and medical facility.

“Conversion” means a change from full-service or the reduction or elimination of any service listed under the definition of “Gas stations, full-service.”

“Conversion ADU” shall mean the conversion of any portion of a legal accessory structure, or any portion of a single-family dwelling, or any garage, for the purpose of creating an accessory dwelling unit (ADU). Conversion ADUs can include demolition and rebuilding of a structure in the same footprint. Conversion ADUs can also include additions of up to 150 square feet. Any conversion that exceeds this limit shall be considered a New Construction ADU.

“Corner sight clearance triangle” means a triangular area formed by two lot lines abutting upon a street, alley, or driveway and a line connecting them at points equally distant from their intersection within which, for vehicular and pedestrian visibility and safety purposes, no fence, hedge, landscaping, wall, structure, or material that exceeds three feet in height may be placed.

“Corridor access lot” means a parcel with access to a street by means of a corridor having frontage and width less than that required by the applicable zone district for the site.

“Cottage industry” means construction and sales of primarily hand-crafted products, such as glass-blowing and jewelry making.

“Country club” means a private club having recreation facilities often including a golf course.

“Covered area” means the area below a roof overhang or uncovered deck, where the height to the overhang or projection above is seven feet six inches or more.

The first three feet zero inches of a covered area, measured from the exterior wall or the line of support (columns, etc.), is not counted towards gross area determination. Thereafter, covered areas shall be counted at 1/2:1 for gross area calculations.

“Covered porch” is the covered, unenclosed portion over porches, balconies, decks, terraces and patios.

A trellis or arbor does not count as a covered porch.

The first 140 square feet of covered porch area is not counted.

The porch area beyond the 140 square foot allowance shall be counted at a 1/2:1 ratio for floor area calculations.

“CT” means the Coastal/Tourist Commercial Zone District (SCCC 13.10.330). [Ord. 5382 § 7, 2021; Ord. 5336 § 8, 2020; Ord. 5334 § 8, 2020; Ord. 5302 § 5, 2019; Ord. 5272 § 1, 2018; Ord. 5265 § 14, 2018; Ord. 5264 § 15, 2018; Ord. 5239 § 10, 2017; Ord. 5182 § 12, 2014; Ord. 5124 § 3, 2012; Ord. 5115 § 3, 2012; Ord. 5095 § 3, 2011; Ord. 4873 § 11, 2007; Ord. 4808 §§ 22, 23, 2005; Ord. 4496-C § 62, 1998; Ord. 4346 § 36, 1994; Ord. 4159 § 6, 1991; Ord. 3756 § 4, 1986; Ord. 3632 § 22, 1985; Ord. 3432 § 1, 1983].

13.10.700-D “D” definitions.

“Day-care center” means a State-licensed facility which provides nonmedical care for children or adults in need of personal services, supervision, or assistance, for periods of less than 24 hours per day.

“Day-care home, family” means a dwelling whose occupant provides care, protection, and supervision of not more than 12 disabled or ill children or adults, at any time, for periods of less than 24 hours a day.

“Density” means the number of permanent residential dwelling units (or their equivalent) or people per acre of land. All densities specified in the General Plan and LCP Land Use Plan with the exception of overriding minimum standards are expressed in net developable acres or net developable square footage per unit. Dwelling units include all residential units having kitchen facilities, including single-family homes, mobile homes, and individual townhouse, condominium, and apartment units. When a property is designated on the land use map and on the resources and constraints map for different density standards, consistency with the applicable standards can be met only by satisfying the most restrictive of the requirements for the affected portions of the property. Where a parcel has two different designations on the land use map, consistency with the General Plan and LCP Land Use Plan is met by conforming to the different standards for the different portions of the property.

“Density bonus” means the allocation of development rights that allow a parcel to accommodate additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision of affordable unit(s) pursuant to Chapter 17.12 SCCC.

“Density credit” means the number of dwelling units allowed to be built on a particular property determined by applying the designated General Plan and LCP Land Use designation density and implementing zone district to the developable portions of the property and to those nondevelopable portions of the property for which credit may be granted (see definition of “Developable land”). Where credit is allowed for a nondevelopable portion of the property, the dwelling units must be located in the developable portion of the property. The following areas which are not developable land shall be granted density credit for development density.

Outside the USL and RSL:

(1)    Land with slopes between 30 and 50 percent.

Inside the USL and RSL:

(1)    Land with slopes less than 30 percent in the required buffer setback from the top of the arroyo or riparian corridor, up to a maximum of 50 percent of the total area of the property which is outside the riparian corridor.

Countywide Credits. The following areas are subject to special site and/or development criteria and shall be granted full density credit:

(1)    Rare and endangered plant and animal habitats.

(2)    Archaeological sites.

(3)    Critical fire hazard areas.

(4)    Buffer areas established between nonagricultural land uses and commercial agricultural land.

(5)    Landslide areas determined by a geological study to be stable and suitable for development.

(6)    Historic sites.

“Department” means the County Planning Department.

“Depth” means the horizontal distance between the front property line or the edge of the road right-of-way and the rear property line of a site measured along a line midway between the side property lines. The depth of a corridor lot shall be measured from the rear line of the corridor.

“Detached structure” means a structure that is freestanding or attached to another structure by a breezeway.

“Developable land” means land which is suitable as a location for structures and which can be improved through normal and conventional means, free of development hazards, and without disruption or significant impact on natural resource areas.

The following areas shall not be considered as developable land:

(1)    Land with slope greater than 30 percent and coastal bluffs.

(2)    Riparian corridors, wooded arroyos, canyons, stream banks, areas of riparian vegetation and areas within a 50-foot setback from the top of riparian corridor.

(3)    Lakes, marshes, sloughs, wetlands, water areas, beaches and areas within the 100-year floodplain.

(4)    Areas of recent or active landslides.

(5)    Land within 50 feet of an active or potentially active fault trace.

(6)    Commercial agricultural land and mineral resource areas.

(7)    Areas subject to inundation as defined by a geologic hazards assessment or full geologic report.

The definition of “net developable area” is found in SCCC 13.10.700-N. See definition of “density credit” in this section.

“Development” means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z’berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).

“Director” means the County Planning Director, or his or her authorized representative, appointed pursuant to law.

“Dog” means a domestic dog (Canis familiaris) of either sex, altered or unaltered, that has reached the age of four months.

“Drive-in uses” means all those facilities where:

(1)    Food, goods or services are dispensed to occupants of automobiles parked in designated spaces without the need to wait in line, including car-service restaurants.

(2)    Nonmechanical maintenance is performed on a vehicle parked in a designated space, usually while a customer remains on the premises, including conveyor type car washes and holding-tank dumping stations.

“Drive-through uses” means any use which provides food, goods, or services to occupants of automobiles passing continuously past a pick-up station, including drive-through fast-food restaurants, drive-through dairy products stores, drive-through banks, and drive-through cleaners.

“Dwelling” means a one-family dwelling, multiple-family dwelling, or lodging house. For purposes of this definition, automobile trailers, mobile homes, hotels, motels, labor camps, tents, railroad cars, and temporary structures shall not be deemed dwellings, except that a mobile home may be deemed to be a dwelling when it has been authorized to be used for single-family residential purposes by a permit issued pursuant to the provisions of SCCC 13.10.682.

“Dwelling group” means a group of two or more detached or semi-detached one-family or multiple-family dwellings occupying a parcel of land in one ownership and having any yard or court in common.

“Dwelling, single-family” means a detached building, or a semi-detached building sharing one common wall with an adjacent dwelling unit, which contains one dwelling unit.

“Dwelling unit” means a structure for human habitation providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking and sanitation, with the following restrictions: one Kitchen is allowed in each dwelling unit; interior connection shall be maintained throughout the home; and an interior stairway shall be provided between all stories. Dwelling units may include up to one additional Efficiency Kitchen in addition to one Kitchen. If a dwelling unit includes a Junior Accessory Dwelling Unit (JADU), then an additional Efficiency Kitchen outside the JADU is not allowed. A tiny home on wheels, as defined in SCCC 13.10.700-T, may be used as a dwelling unit. [Ord. 5413 § 4, 2022; Ord. 5326 § 22, 2020; Ord. 5325 § 22, 2020; Ord. 5305 § 9, 2019; Res. 79-2019, 2019; Ord. 5286 § 9, 2018; Ord. 5265 § 15, 2018; Ord. 5264 § 16, 2018; Ord. 4808 § 24, 2005; Ord. 4737 § 3, 2003; Ord. 4518-C § 1, 1999; Ord. 4426 § 3, 1996; Ord. 4099 § 5, 1990; Ord. 3682 § 1, 1985; Ord. 3632 § 23, 1985; Ord. 3432 § 1, 1983].

13.10.700-E “E” definitions.

“Efficiency Kitchen” means limited kitchen facilities including a sink, a refrigerator, small electric kitchen appliances that do not require electrical service greater than 120 volt, an appropriately sized food preparation counter, and storage cabinets. Full-sized electric, gas, or propane cooking appliances are not allowed in an Efficiency Kitchen.

“Emergency shelter” shall mean housing with minimal supportive services for homeless persons that is limited to nighttime occupancy by clients.

Energy Facilities, Renewable. (Reserved).

“Energy facility” means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal or other energy resource; excluding solar energy systems (refer to SCCC 13.10.700-S), wind energy conversion systems (refer to SCCC 13.10.700-W), and community energy systems (refer to this section).

“Energy system, community” means an energy producing facility which simultaneously produces electricity and useful thermal energy for use in more than one building; including all storage and transmission facilities associated with the community energy system. [Ord. 5326 § 25, 2020; Ord. 5325 § 25, 2020; Ord. 5083 § 3, 2010; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-F “F” definitions.

“Family” means one person living alone, or two or more persons related by blood or marriage or a group of not exceeding five persons (excluding servants) who need not be related by blood or marriage, living together as a single housekeeping unit, in a dwelling unit as distinguished from a group occupying a hotel, club, fraternity or sorority house.

“Farm-worker housing” means Employee Housing for agricultural employees, or any other type of farmworker housing project authorized by SCCC 13.10.631, as further defined therein.

“Feasible” means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental and technological factors.

“Fence” means any construction of wood, metal, plastic, earth or other materials obstructing the clear view, but not including a structure as defined herein or a hedge.

“Floor area” is that area within the surrounding exterior walls of a building, including the wall thickness, and is the total of each story, mezzanine, and basement. Uncovered courtyards or atriums which are open to the sky above do not count as floor area.

“Floor area ratio (FAR)” means the gross area divided by the net site area.

“Floor area, gross” means the total horizontal area in square feet on each floor of a structure, but not including the area of inner courts, or shaft enclosures.

“Floor area, net” means the gross floor area minus storage, hallways, and stairways.

“Foster home” means a private home including “foster” family homes and “group homes” licensed by the County Department of Social Services or the State Division of Social Services in which one or more children under 19 years of age, not related to the proprietary family, are resident on a more or less permanent basis and in which said children participate in normal family relationships with said proprietary family.

“Frontage” means the property line of a site abutting on a street or on the edge of a right-of-way, not including the side line of a corner lot. [Ord. 5321 § 5, 2019; Ord. 5124 § 4, 2012; Ord. 5115 § 4, 2012; Ord. 5095 § 4, 2011; Ord. 4159 § 6, 1991; Ord. 4158 § 6, 1991; Ord. 4122 § 9, 1991; Ord. 4119 § 9, 1991; Ord. 3593 § 17, 1984; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-G “G” definitions.

“Games establishment” means a commercial establishment containing six or more pinball machines, electronic video-screen games, football games, hockey games, skeebowls, or any other similar games or machines for the use of which fees are paid directly into the machines or to an operator.

“Garage” or “carport” means an accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles.

“Garage, storage” means a structure or part thereof used for the storage, parking or servicing of motor vehicles, but not the repair thereof.

“Gardening, family” means the noncommercial raising for family use of vegetables, berries, trees, fruits, vines, grapes, flowers, ornamental trees or shrubs.

“Gasoline station” means a place where gasoline or other motor fuel, lubricating oil or grease for the operation of automobiles or other vehicles are offered for sale to the public. (See also “Automobile service station.”)

“Gas station, full-service” means a gas station which offers all of the following services or products: the provision of gas, air, water, oil, and window-washing performed by the station attendant; public restrooms; and the sale and installation of minor auto-related parts such as fan belts, water hoses, windshield wiper blades, tires, transmission oil, brake fluid, and maps.

“Gas station, self-service” means a gas station which provides gas, oil, water and air installed by the consumer.

“GH” means the Geologic Hazards Combining District (SCCC 13.10.420).

“GP” means the County General Plan.

“Gross building area” is the sum of all areas (attic, basement, mezzanine, under floor, covered area, covered porch, and floor area) minus their allowed deductions. [Ord. 4921 § 19, 2008; Ord. 4324A § 3, 1994; Ord. 4282 § 3, 1993; Ord. 4159 § 6, 1991; Ord. 3632 § 24, 1985; Ord. 3432 § 1, 1983].

13.10.700-H “H” definitions.

“H” means the Affordable Housing Combining Zone District (SCCC 13.10.430).

“Habitable accessory structure” means a detached, subordinate structure, the use of which is appropriate, subordinate and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use and contains some or all of the required amenities and some or all of the allowed amenities for habitable structures shown in Table 13.10.611-1.

“Habitable floor area” means the square footage of floor area of all stories of a dwelling, excluding garage, carport, and accessory structures.

“Habitable room” means a visitor accommodation consisting of any room which can be used for sleeping accommodations, including living rooms, but not including bathrooms and kitchens. A unit over 400 square feet in total square footage, including bathrooms and kitchens, creates a presumption of more than one habitable room.

“Hatchery, poultry” means any business involving the artificial incubation of fowl but where live poultry over two days of age are not kept on the premises.

“Hedge” means a row of closely planted shrubs or low growing trees forming a barrier or boundary.

“Height of structure” is the vertical distance between the existing or finish grade, whichever is lower, to the uppermost point of the structure.

“Historic theme park” means a park or commercial amusement establishment, the design and contents of which have a basis in the history of a place or area and which therefore have an educational focus.

“Home occupation” means an accessory use, which is secondary to the primary residential use, for gainful employment involving the manufacture, provision, or sale of goods and/or services performed by a full-time inhabitant of the unit that does not affect the residential character of the property or neighborhood. Commercial weddings and similar celebrations, community events, and fundraisers are not eligible to be permitted as home occupations.

“Hosted rental” means a dwelling unit, where a property owner or long-term resident acting as host occupies one bedroom in a dwelling unit while one or two legal bedrooms are rented for the purpose of overnight lodging for a period of less than 30 days.

“Hostel” means a dormitory style facility for temporary occupancy visitor accommodations.

“Hotel” means a structure or portion thereof in which there are six or more completely furnished individual guest rooms or suites, which maintains an interior lobby through which tenants must pass to gain access to guest rooms or suites, usually occupied on a transient basis, where lodging with or without meals is provided for compensation and in which more than 60 percent of the guest rooms or suites are without kitchens. [Ord. 5366 § 8, 2021; Ord. 5346 § 8, 2020; Ord. 5266 § 9, 2018; Ord. 5182 § 13, 2014; Ord. 5124 § 5, 2012; Ord. 5095 § 5, 2011; Ord. 4921 § 21, 2008; Ord. 4194 § 2, 1992; Ord. 4099 § 5, 1990; Ord. 3632 § 25, 1985; Ord. 3593 § 18, 1984; Ord. 3432 § 1, 1983].

13.10.700-I “I” definitions.

“I” means the Statement of Intention Combining Zone District (SCCC 13.10.440).

“Immature plant” or “immature” means a cannabis plant which has a first true leaf measuring greater than one-half inch long from base to tip (if started from seed) or a mass of roots measuring greater than one half inch wide at its widest point (if vegetatively propagated), but which is not flowering.

“Immature plant cultivation area” means the specific area on a site where activities associated with producing clones, immature plants, and seeds take place.

“Incidental” means any use which is secondary or subordinate to the principal or main use of a property and which clearly does not change the character of the main use. For example, a restaurant or gift shop in a resort (which caters primarily to patrons of the resort).

“Industry, Light”; “Industry, Heavy.” See SCCC 13.10.340, et seq.

Intensification of Use, Nonresidential. Any change or expansion of a nonresidential use which will result in both a greater than 10 percent increase in parking need and more than two spaces, or which is determined by the Planning Director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use and/or sewage generation, shall be an “intensification of use” for purposes of this chapter.

Intensification of Use, Residential. Any change to a residential use which results in an increase of its number of bedrooms, as defined in SCCC 13.10.700-B, shall be an “intensification of use” for the purposes of this chapter. [Ord. 5302 § 6, 2019; Ord. 5119 § 33, 2012; Ord. 4525 §§ 10, 11, 1998; Ord. 4346 § 37, 1994; Ord. 4285 § 2, 1993; Ord. 3632 § 26, 1985; Ord. 3432 § 1, 1983].

13.10.700-J “J” definitions.

“Junior Accessory Dwelling Unit” (JADU) means, in compliance with California Government Code Section 65852.22, a residential living area contained within a proposed or existing single-family residence that is no more than 500 square feet in size. JADUs can include additions to an existing structure of no more than 150 square feet. JADUs shall include independent provisions for living, sleeping, eating, and cooking (area meeting the definition of Efficiency Kitchen but not a standard Kitchen), and shared or separate sanitation facilities with the main dwelling unit. See also Accessory Dwelling Unit.

“Junk yard” means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, used lumber yards and the like, excepting a site on which uses are conducted within a complete enclosed structure and excepting motor vehicle wrecking yards as defined in this chapter. An establishment for the sale, purchase, or storage of used cars or salvaged machinery in operable condition or for the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard. [Ord. 5326 § 23, 2020; Ord. 5325 § 23, 2020; Ord. 3432 § 1, 1983].

13.10.700-K “K” definitions.

“Kennel” means any lot, building, structure, enclosure or premises whereupon or wherein are kept five or more dogs, cats or similar small animals over the age of four months in any combination for more than five days, whether such keeping is for pleasure, profit, breeding, or exhibiting and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale or kept for hire.

“Kitchen” means any room or portion of a room used or intended or designed to be used for cooking and/or the preparation of food and containing all of the following: a sink having a drain outlet larger than one and one-half inches in diameter, a refrigerator larger than two and one-half cubic feet, a built-in permanent cooking appliance typically including a full-size gas or 220-volt electric range/oven with a range/hood ventilation system, and space for food preparation and storage. See also Efficiency Kitchen. [Ord. 5382 § 7, 2021; Ord. 5326 § 24, 2020; Ord. 5325 § 24, 2020; Ord. 3432 § 1, 1983].

13.10.700-L “L” definitions.

“L” means the Historic Landmark Combining Zone District (SCCC 13.10.450).

“Laboratory, biomedical” means any facility that is especially equipped for medical or pharmaceutical experimentation, testing, procedures, research, development, or production, excluding any equipment that is used exclusively for the injection of biological agents, the drawing of blood from animals, or the separation of animal blood into serum and plasma.

“LCP” means the Local Coastal Program.

“LCP LUP” means the Local Coastal Program Land Use Plan.

“Lighting, indirect” means lighting shining on but not directly from a building or sign.

“Lighting, interior” means lighting encased in and shining through translucent covering.

“Livestock” means any grazing, browsing or similar equine, porcine, bovine, ovine, or other ruminant, including but not limited to any horse, pony, mule, donkey, pig, hog, cow, ox, sheep, goat, or llama, excepting those prohibited by Chapter 6.12 SCCC.

“Livestock operation, biomedical” means an agricultural livestock management operation that uses livestock for experimentation or for the production of any biomedical or pharmaceutical product or by-product. A biomedical research facility, as defined by Federal or State law, and when physically separated from any biomedical laboratory, may be considered a biomedical livestock operation under this definition.

“Lodging house” means a dwelling in which lodging or lodging and meals are provided for compensation for more than three but not more than 15 persons other than members of the resident family, with the exception of a nursing home or permanent room housing unit as defined herein.

“Lot” means a parcel of land designated on a subdivision final map or parcel map.

Lot, Corridor Access. See “Corridor access lot.”

“Lot, corner” means a lot bounded by two or more adjacent streets which intersect at an angle of not more than 135 degrees and not less than 45 degrees.

“Lot coverage” means the percentage of the lot covered by structures, measured by dividing the horizontal area covered by structures, not including eaves or uncovered cantilevered decks, by the horizontal area of the lot. (See also definition of “Habitable floor area.”)

“Lot, double frontage” means an interior lot having its front and rear property lines abutting on streets or rights-of-way to which it has legal access, or a corner lot bounded by two streets intersecting at an angle of less than 45 degrees.

“Lot, interior” means a lot other than a corner lot.

“Lot, key” means the first interior lot to the rear of a reversed corner lot; or a lot between two corner lots.

“Lot, reversed corner” means a corner lot with three frontages, the side line of which is substantially a continuation of the front property line of the first lot to its rear. Property owner has only one opportunity to choose which yard is front and which yard is side.

“Lot line, front” means a line separating an interior lot from a street, or a line separating either the narrower or the wider street frontage of a corner lot from a street, at the option of the owner. Property owner has only one opportunity to choose which yard is front. [Ord. 5326 § 25, 2020; Ord. 5325 § 25, 2020; Ord. 5305 § 10, 2019; Ord. 5061 § 21, 2009; Ord. 4836 §§ 106, 107, 2006; Ord. 4474-C § 2, 1998; Ord. 4158 § 7, 1991; Ord. 3593 § 19, 1984; Ord. 3432 § 1, 1983].

13.10.700-M “M” definitions.

“M” means mining permit (Chapter 16.54 SCCC).

“M-1” means the Light Industrial Zone District (SCCC 13.10.340).

“M-2” means the Heavy Industrial Zone District (SCCC 13.10.340).

“M-3” means the Mineral Extraction Zone District (SCCC 13.10.340).

“Major structural components” means the foundation, floor framing, exterior wall framing and roof framing of a structure. Exterior siding, doors, window glazing, roofing materials, decks, chimneys and interior elements including but not limited to interior walls and sheetrock, insulation, fixtures, and mechanical, electrical and plumbing elements are not considered major structural components. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.

“Manufactured home” means a structure, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein; and complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Section 5401, et seq.)

“Matrix system” means a set of specific criteria which determines residential densities within General Plan density ranges based on the degree of physical development hazards or constraints present, the presence of natural resources to be protected and utilized, the adequacy of access and the level of public services and facilities available, and the existing land use pattern in the area. (See Chapter 13.14 SCCC, Rural Residential Density Determinations.)

“Matrix unit” means a dwelling unit determined and allowed by the rural residential density determination matrix (Chapter 13.14 SCCC).

“Mezzanine or Mezzanine Floor.” For planning and zoning purposes, a “mezzanine” is an intermediate floor between stories that opens into another room so that the floor area of the mezzanine does not exceed one-third of the room area onto which it opens. (Adjacent rooms or area which are more than 50 percent open to a mezzanine are considered part of that space).

If the mezzanine is more than one-third of the room area that it opens onto, then it is a story.

Stairways and intermediate landings are counted under the “floor area” category and are not counted as part of the mezzanine area. Mezzanines are not considered as a story.

“Microbrewery” means a small scale brewery producing less than 15,000 barrels a year primarily intended for local and/or regional consumption, and operated in conjunction with a restaurant or pub.

“MLD” means minor land division (Chapter 14.01 SCCC).

“Mobile home” means a large trailer-type vehicle designed and equipped for human habitation and for being drawn by a motor vehicle usually connected to utilities but not mounted on a permanent foundation.

“Mobile home park” means any area or tract of land where two or more mobile home lots are sold, rented, or leased or held out for sale, rent, or lease to accommodate mobile homes used for human habitation. The rental paid for any such mobile home shall be deemed to include rental to the lot it occupies.

“Mobile home sales lot” means a site authorized for the parking and display of unoccupied mobile homes which are available for sale, rent, or lease; may include recreational vehicles or travel trailers but does not include commercial vehicles or commercial trailers.

“Motel” means a structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites, usually with garage attached or parking space located in proximity to each unit, where lodging is provided for compensation, and in which more than 60 percent of the guest rooms or suites are without kitchens.

“Motor vehicle wrecking yard” means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts, is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating under their own power for 30 days or more, or in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard.

“Multifamily dwelling” means a structure containing more than one dwelling unit, designed for occupancy or occupied by more than one family, as distinguished from a motel or hotel. [Ord. 5169 § 5, 2013; Ord. 5119 § 34, 2012; Ord. 5090 § 1, 2011; Ord. 4346 § 38, 1994; Ord. 4159 § 6, 1991; Ord. 4122 § 9, 1991; Ord. 4119 § 9, 1991; Ord. 4036 § 8, 1989; Ord. 3632 § 27, 1985; Ord. 3432 § 1, 1983].

13.10.700-N “N” definitions.

“Net developable area” means the portion of a parcel which can be used for density calculations; public or private road rights-of-way and land not developable (see definition of “developable land”) are not included in the net developable area of a parcel.

“New construction ADU” shall mean any ADU that does not meet the definition of conversion ADU. A tiny home on wheels may be used as a new construction ADU.

“Nonconforming structure” means a structure that was lawfully erected prior to adoption, revision or amendment of this chapter but that does not conform with standards for lot coverage, setbacks, height, number of stories, distance between structures, or floor area ratio currently prescribed in the regulations for the zoning district in which the structure is located.

“Nonconforming use” means a use of structure or land that was legally established and maintained prior to the adoption, revision or amendment of this chapter but does not conform to the current use standards, and density standards where applicable, of both the zone district and/or the General Plan/Local Coastal Program land use designation in which the use is located. A nonconforming structure is not a nonconforming use. A legally established use shall not be deemed nonconforming due to the lack of a use permit.

“Nonhabitable accessory structure” means a detached, subordinate structure, the use of which is appropriate, subordinate and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use and contains some or all of the required amenities and some or all of the allowed amenities for nonhabitable structures shown in Table 13.10.611-1.

“North” means the direction of the terrestrial north pole.

“Nursing home” means a structure used for the rooming or boarding of any aged or convalescent person or persons whether ambulatory or nonambulatory, for which a license is required by a County, State or Federal agency. The term “convalescent” is construed to include the mentally ill and the addicted. [Ord. 5413 § 5, 2022; Ord. 5366 § 8, 2021; Ord. 5346 § 8, 2020; Ord. 5239 § 11, 2017; Ord. 5119 §§ 35, 36, 2012; Ord. 4921 § 22, 2008; Ord. 4525 § 12, 1998; Ord. 4368 § 2, 1995; Ord. 4099 § 5, 1990; Ord. 3632 § 28, 1985; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-O “O” definitions.

“O” means the Open Space Easement Combining Zone District (SCCC 13.10.460).

“Offices, administrative or executive” means offices pertaining to the management of office operations or the direction of enterprises but not including merchandising or sales offices.

“Offices, professional” means offices pertaining to the practice of the professions and arts, including but not limited to architecture, dentistry, engineering, law and medicine, but not including the sale of drugs or prescriptions except as incidental to the principal use and where there is no external evidence of such incidental use.

“Off-street loading berth” means a portion of a site designated for the parking of a vehicle, truck, van, or semitrailer while it is being loaded or unloaded.

“Off-street parking facilities” means a site or a portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

“Open space easement contract” means a contract between a landowner and Santa Cruz County to restrict the development of land in return for a property tax reduction or stabilization; the minimum term of the contract is 10 years. The 10-year period is renewed every year. Open space easement contracts required as a condition of a development approval shall be in perpetuity.

“Open space easement dedication” means an irrevocable offer of dedication to the County or other public or private agency acceptable to the County for open space, scenic, or public access or recreation purposes.

“Outdoor advertising structure” means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed.

“Over-height fence certification” means an administrative approval certifying that a fence that does not require approval of a coastal development permit pursuant to SCCC 13.20.060 or 13.20.070, and which is between the maximum height allowed without a development permit and the lowest height for which a Level IV development permit is required pursuant to SCCC 13.10.525(C)(3), meets the purposes of the fence and retaining wall regulations in SCCC 13.10.525(A) and (B). [Ord. 5119 § 37, 2012; Ord. 5124 § 6, 2012; Ord. 5115 § 5, 2012; Ord. 4525 § 13, 1998; Ord. 3787-B § 1, 1986; Ord. 3432 § 1, 1983].

13.10.700-P “P” definitions.

“P” means the Agricultural Preserve Combining Zone District (SCCC 13.10.470).

“PA” means the Professional and Administrative Offices Zone District (SCCC 13.10.330).

“PC” means Planning Commission.

“Permanent room housing unit” means an independent dwelling space intended for long-term (30 days or more) rental occupancy as separate living quarters, with direct access from outside the building or through a common hall, meeting the development standards in SCCC 13.10.427.

Permitted Use. See “Use, principal permitted.”

“Person” means any individual, firm, association, corporation, partnership, business, trust company; a local public agency to the extent specified in Sections 53090 et seq. of the California Government Code; or the State or a State agency or city when not engaged in a sovereign activity.

“PF” means the Public and Community Facilities Zone District (SCCC 13.10.360).

“Planning Commission” means the Planning Commission as appointed by the Board of Supervisors. See Chapter 3.05 SCCC.

“Pool cabana” means an accessory structure less than 70 square feet in size used for bathing or changing purposes in conjunction with a swimming pool.

“PR” means the Parks, Recreation and Open Space Zone District (SCCC 13.10.350).

“Preconstructed buildings” means buildings constructed off-site and assembled on-site, not including mobile homes.

Principal Permitted Use. See “Use, principal permitted.”

“Procedural amendment” means any amendment to the zoning ordinance which: (1) does not change any property from one zone to another; or (2) does not impose any regulation listed in Section 65850 of the Government Code not theretofore imposed; or (3) does not remove any such regulation theretofore imposed.

“Projection area” means the area below a projecting floor, covered deck or other projecting portion of a building, where the height below the projection is seven feet six inches or more.

Projection areas below projections which extend more than three feet zero inches from the face of the exterior wall or which with other projections on that side of the building exceed one-third of the building length on that side are counted at a 1:1 ratio in their entirety for gross area calculations.

Areas below projections that extend less than three feet zero inches in depth or with other projections on that side of the building which do not exceed one-third of the length of that side of the building are not counted towards gross area calculations.

“Public utility service yard” means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe conduits, transformers, crossarms, utility poles, or any other material, tools, or supplies necessary for the routine maintenance of utility facilities. [Ord. 5305 § 11, 2019; Ord. 4921 § 20, 2008; Ord. 4159 § 6, 1991; Ord. 3432 § 1, 1983].

13.10.700-Q “Q” definitions.

Reserved.

13.10.700-R “R” definitions.

“R-1” means the Single-Family Residential Zone District (SCCC 13.10.320).

“RA” means the Residential Agricultural Zone District (SCCC 13.10.320).

“RB” means the Ocean Beach Residential Zone District (SCCC 13.10.320).

“Reconstruction” means modification or replacement of 65 percent or more of the major structural components (see SCCC 13.10.700-M) of an existing structure within any consecutive five-year period. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.

“Recreational rental unit” means a dwelling unit used for temporary visitor accommodations pursuant to the County’s uniform transient occupancy tax ordinance (Chapter 4.24 SCCC).

“Recreational vehicle” means a self-powered portable dwelling, camper, or motor home designed for temporary occupancy and not larger than eight feet by 40 feet, which may be driven on public highways without a special permit.

“Recreational vehicle sales lot” means a site authorized for the parking and display of unoccupied motor homes, campers, or travel trailers which are available for sale, rent, or lease, but not including mobile homes, commercial vehicles, or commercial trailers.

“Recreational vehicle storage lot” means a site authorized for the storage of privately owned unoccupied travel trailers, campers, and recreational vehicles but not mobile homes.

“Recycling facility” is a facility for the drop-off, buyback, deposit, or return for redemption, of recyclable material. Recyclable material is reusable material including but not limited to aluminum, glass, plastic and paper which is intended for remanufacture or reconstitution for the purpose of using the altered form. A recycling facility consists of a reverse vending machine, collection facility, or processing facility, as defined below. A recycling collection facility may also consist of a facility for the collection of reusable household goods or clothes by a charitable organization such as Salvation Army or Goodwill.

(1)    “Reverse vending machine” is a mechanical device which accepts one or more types of empty beverage containers, including aluminum cans, glass, and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container’s redemption value.

(2)    “Small collection facility” means a facility for the deposit, buyback, or drop-off of recyclable materials. A small collection facility occupies an area of not more than 650 square feet, is associated with a commercial use, community facility or public facility on the site, and includes:

(a)    Bins, boxes, cans, kiosk-type units, and/or other containers or receptacles; and/or

(b)    A properly licensed automobile, truck, trailer, or van.

(3)    “Large Collection/Processing Facility.” A large collection or processing facility occupies more than 650 square feet, may occupy a single site rather than being associated with a commercial use, community facility or public facility use, may utilize a building or other permanent structure, and may conduct processing operations utilizing power-driven sorting or consolidation equipment such as balers, crushers, separators, or bulk reverse vending machines.

“Registered solar energy system” means any solar energy system registered with the County as requesting solar access protection, and in compliance with the conditions for that registration.

“Residential care home or small family home, adult” means a family residence in which room, board, and nonmedical personal care services including supervision of and assistance with eating, dressing, personal hygiene, daily activity, health maintenance, transportation and protective safeguards for one or more adults, not including members of the licensee’s family, are provided.

“Riparian corridor” means those areas as defined in Chapter 16.30 SCCC, Riparian Corridor and Wetlands Protection, SCCC 16.30.030.

“RM” means the Multifamily Residential Zone District (SCCC 13.10.320).

“RR” means the Rural Residential Zone District (SCCC 13.10.320).

“Rural” means outside the urban services line.

“Rural services line (RSL)” means a fixed boundary line defining those areas located outside the urban services line which have recognized urban densities which may or may not have full urban services. [Ord. 5119 § 38, 2012; Ord. 4525 § 14, 1998; Ord. 4496-C § 63, 1998; Ord. 4416 § 9, 1996; Ord. 4406 § 9, 1996; Ord. 4098 § 2, 1990; Ord. 3843 § 8, 1987; Ord. 3632 § 29, 1985; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-S “S” definitions.

“Sandwich shop” includes coffee shops, soda fountains, milk bars, snack bars, carry out restaurants, and other similar fast-food outlets.

“Second unit” – see definition for Accessory Dwelling Unit.

“Secondary” means, in reference to a use, not the primary or main use of a property. In reference to an access road, an alternate access road complying with fire hazard road standard specifications.

“Servants’ quarters” means living accommodations attached to the main building, such quarters having no kitchen facilities and designed for and used by persons regularly employed on the property, and not rented or otherwise used as a separate dwelling.

“Sign” means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, or otherwise fastened, affixed or made visible for out-of-door advertising purposes in any manner whatsoever on the ground or on any tree, wall, bush, rock, post, fence, building, structure or thing whatsoever. For the purpose of this chapter, the advertising area of only one side of a double-faced sign shall be used in determining the advertising area.

“Sign, appurtenant” means a sign relating only to goods sold or services rendered upon the building site on which said sign is erected or maintained.

“Site” means a parcel of land, occupied, or to be occupied, by a use or structure.

“Site area” means the total horizontal area included within the property lines of a site, except a corridor access portion of an access corridor or lot.

“Site area, net” means:

(1)    Outside the urban services line, the total site area less all public or private rights-of-way designated for vehicle access.

(2)    Inside the urban services line, for all coastal bluff-top parcels, the total site area less:

(a)    All public or private rights-of-way designated for vehicle access; and

(b)    Coastal bluff, beaches, and all land seaward of the mean high tide line of Monterey Bay.

(3)    Inside the urban services line, for all parcels located at the toe of a bluff or on the beachfront, the total site area less:

(a)    All public or private rights-of-way designated for vehicle access; and

(b)    All land seaward of the mean high tide line of Monterey Bay.

“Site Area, Net Developable.” See “Site area, net” and “Net developable area.”

“Site width” means the horizontal distance between the side property lines of a site measured on an alignment parallel to the front property line along the rear line of the required front yard.

“Small animal hospital” means any premises on which three or more dogs or cats or small animals are maintained for observation or treatment for injury or disease.

“Solar access” means the ability of sunlight to strike a solar energy system. For the purpose of this title, protection of solar access requires locating buildings and trees where their shadows will not obstruct more than 10 percent of the sunlight available to the solar energy system between the hours of 10:00 a.m. and 2:00 p.m., Pacific Standard Time, on December 21st.

“Solar energy system” means any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage and distribution of solar energy for space heating or cooling, for water heating or for electricity. Glazing facing within 45 degrees of south is protected, under the provisions of this title, as a solar energy system when at least 60 percent of the space heating load for the building is supplied by solar energy.

“South” means the direction of the terrestrial south pole.

“SP” means the Salamander Protection Combining Zone District (SCCC 13.10.480).

“Story” means, for planning and zoning purposes, that portion of a building included between the upper surface of any floor and the lower surface of the floor or ceiling above. An attic, basement, mezzanine, or under floor does not count as a story.

“Story, first” means the lowest story in a building which qualifies as a story, as defined herein, except that a floor level in a building having only one floor level shall be classified as a first story, provided such floor level is not more than four feet below grade, as defined herein, for more than 50 percent of the total perimeter, or not more than eight feet below grade, as defined herein, at any point.

“Street” means an existing permanent public or private right-of-way, 40 feet or more in width, which is used as the principal means of access to abutting properties, or any such right-of-way less than 40 feet in width which was physically existing and in use as the principal means of access to abutting property prior to July 1962.

“Street line” means the boundary between a street and abutting property.

“Structure” means anything constructed or erected which requires a location on the ground, including a building, but not including a swimming pool, a fence, or a wall used as a fence (including retaining walls), or a deck less than 18 inches in height.

“Structure, accessory” means a detached, subordinate structure, or a subordinate structure attached to a main structure by a breezeway, the use of which is appropriate, subordinate and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use.

“Structure, main” means a structure housing the principal use of a site or functioning as the principal use.

“Structural walls” means any bearing wall of a building.

“SU” means the Special Use Zone District (SCCC 13.10.380).

“Subordinate Use.” See definition of “Appurtenant use.” [Ord. 5264 § 17, 2018; Ord. 5239 § 12, 2017; Ord. 5119 §§ 39, 40, 2012; Ord. 5042 § 3, 2009; Ord. 4836 §§ 108, 109, 2006; Ord. 4525 §§ 15, 16, 1998; Ord. 4495 § 9, 1998; Ord. 4159 § 6, 1991; Ord. 4122 § 9, 1991; Ord. 4119 § 9, 1991; Ord. 3593 § 20, 1984; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-T “T” definitions.

“TH” means timber harvesting permit (Chapter 16.52 SCCC).

“Temporary occupancy, limited (in an organized camp or conference center)” means sleeping facilities for participants (temporary occupants) which have time restrictions as to use.

“Temporary occupancy, unlimited (in an organized camp or conference center)” means sleeping facilities for participants (temporary occupants) which have no time restrictions as to use (i.e., they may be scheduled full time).

“Temporary relocation” means a temporary relocation of a use for a period not to exceed 18 months by reason of a natural disaster for which a local emergency has been declared by the Board of Supervisors.

“Temporary use or structure” means a use or structure that is allowed to occur on a site for a limited time, subject to applicable regulations for temporary uses or structures, required permits, and site-specific permit conditions.

“Timber” means trees of any species suitable for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, but not including nursery stock.

“Timberland” means privately owned land, or land acquired for State forest purposes, which is devoted to and used for growing an average annual volume of wood fiber of at least 15 cubic feet per acre.

“Timber management plan” means a written plan for the development and utilization of timber resources and compatible uses which assures the continued viability of the timberland, and which includes reasonable rotation and cutting cycle date.

“Time-share visitor accommodations” means visitor accommodations facilities in which the ownership interest in individual units is divided in time. Time-share visitor accommodations units commonly are sold by the week for up to a maximum of 51 weeks per year.

“Tiny home on wheels” (THOW) means an independent dwelling unit, maximum 400 gross square feet, excluding loft area space if that loft area space meets the requirements of Government Code Section 18009.3(b) and Section 18033 and maximum 14 feet in width at the maximum horizontal projection. It provides complete independent living facilities for one or more persons and is built upon a single chassis and is towable by a hitch mechanism and cannot move under its own power. It may only be transported upon the public highway with permit issued pursuant to Vehicle Code Section 35780.

“Town plan” means a plan adopted in conformance with the County General Plan which is applicable to a specific area that requires a detailed planning effort.

“Town plan area” means an area within the unincorporated area that has been subject to a more detailed, area-specific planning than is normally part of an overall General Plan update, and where a design framework, area plan, village plan, or specific plan has been adopted by the Board of Supervisors and incorporated into the County General Plan.

“TP” means the Timberland Preserve Zone District (SCCC 13.10.370).

“Trailer park” means a site authorized for the temporary parking of privately owned, occupied travel trailers, campers, and recreational vehicles, but not mobile homes.

“Travel trailer” means a nonpowered portable dwelling designed for temporary occupancy and not larger than eight feet by 40 feet, which may be towed on public highways without a special permit; does not include campers, recreational vehicles, motorhomes, or mobile homes. [Ord. 5413 § 6, 2022; Ord. 5366 § 8, 2021; Ord. 5346 § 8, 2020; Ord. 4217 § 4, 1992; Ord. 4160 § 3, 1991; Ord. 4030 § 3, 1989; Ord. 3432 § 1, 1983].

13.10.700-U “U” definitions.

“U” means use approval (SCCC 13.10.220).

“Under Floor.” For planning and zoning purposes, “under floor” is the space between the underside of the floor framing (joists or girders that directly support the floor sheathing) and the grade below.

To qualify as an under floor there must be no stairway access.

If any point of the under floor is seven feet six inches or more in height, then all the area in the under floor that is five feet zero inches or more in height shall count as area for the floor area calculations.

Under floors are not considered as a story.

“Unobstructed sunlight” means energy from the sun which is not blocked by any visible matter or structure and which is devoid of shadows.

“Urban” means inside the urban services line.

“Usable open space” means an outdoor area which is required under SCCC 13.10.323(F) to be available for use by occupants of a multiple dwelling unit.

“Use” means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or a structure is or may be occupied or maintained.

“Use, accessory” means a use subordinate to any main use and customarily a part thereof, which use is clearly incidental and secondary to the main use and which does not change the character thereof.

“Use, allowed” means any use which may take place in a particular zone district.

“Use, principal permitted” means a use allowed in the basic zone district, the approval of which is not appealable to the Coastal Commission except in the geographic areas and certain cases specified in Chapter 13.20 SCCC.

“User day” means one participant for one day, including overnight, except in the case of specified day use only occupancy. [Ord. 4416 § 10, 1996; Ord. 4406 § 10, 1996; Ord. 4159 § 6, 1991; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-V “V” definitions.

“V” means variance (SCCC 13.10.230).

“VA” means the Visitor Accommodations Zone District (SCCC 13.10.330).

“Vacation rental” means a single-family dwelling unit, duplex, or triplex (including condominium and townhouse units, but not including apartments or manufactured homes in a mobile home park), where the owner/operator/contact person/agent does not live in the dwelling unit while it is rented for use as a vacation rental and no one but the renter of the vacation rental dwelling and guests of the renter live in the dwelling unit while it is rented for use as a vacation rental and the entire dwelling unit is rented for the purpose of overnight lodging for a period of not more than 30 days other than (1) ongoing month-to-month tenancy granted to the same renter for the same unit, (2) one less-than-30-day period per year, or (3) a house exchange for which there is no payment. Where there are multiple dwelling units on a site, the owner/operator/contact person/agent may live in one of the dwellings that is not being used as a vacation rental. Renting of individual rooms does not constitute use of a dwelling unit as a vacation rental. Habitable accessory structures, nonhabitable accessory structures, second units constructed under the provisions of SCCC 13.10.681, 13.20.107, or 13.20.108, and legally restricted affordable housing units shall not be used as vacation rentals.

“Vegetation” means all plant life.

“Video game establishment” means any commercial establishment having six or more video games.

“Visitor accommodations, Types A and B” means visitor serving facilities for overnight or extended stay use, such as hotels, motels, horizontal hotels, inns, lodges, recreational vehicle parks, hostels, commercial camping, and appurtenant uses.

Type A = lodging house/motel/hotel/inn/horizontal hotel.

Type B = camping, group quarters, hostel, RV parks, where designated.

“Visitor accommodations (VA) unit” means a visitor serving unit not exceeding four rooms, one of which is a bathroom, and one of which may be a kitchen or an additional bathroom, and not exceeding 600 square feet overall. A studio with bath and kitchenette counts as three-quarters unit. [Ord. 5198 § 2, 2015; Ord. 5092 § 7, 2011; Ord. 3501 § 17, 1984; Ord. 3432 § 1, 1983].

13.10.700-W “W” definitions.

“Winery” means structures, facilities, and equipment used for the production of more than 200 gallons of wine per year. “The production of wine” means the conversion of grapes, berries, or other fruit into wine, including fermentation and bottling. May include crushing of fruit, storage of bulk or bottled wine made on the premises, and related activities where permitted.

“Wind energy conversion system” means a machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment. [Ord. 3632 § 30, 1985; Ord. 3501 § 17, 1984].

13.10.700-X “X” definitions.

Reserved.

13.10.700-Y “Y” definitions.

“Yard” means a required setback space adjacent to a front, side, or rear property line or right-of-way, within which no structure may be built.

“Yard, front” means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line or the inside edge of a right-way and a line parallel thereto on the site.

“Yard, rear” means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site.

“Yard, side” means a yard extending from the rear line of the required front yard, or from the front property line of a site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site. [Ord. 3432 § 1, 1983].

13.10.700-Z “Z” definitions.

Reserved.