Chapter 13.10
ZONING REGULATIONS Amended Ord. 5151 Ord. 5152 Ord. 5160 Ord. 5172 Ord. 5181 Ord. 5182

Sections:

Part I. AUTHORITY AND PURPOSE

13.10.110    Title of chapter.

13.10.120    Purpose.

13.10.130    Scope.

13.10.140    Applicability. Amended Ord. 5160 Ord. 5182

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. Amended Ord. 5181

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13.10.265    Repealed.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. Amended Ord. 5151 Ord. 5152

13.10.313    Development standards. Amended Ord. 5151 Ord. 5152

13.10.314    Required special findings for CA and AP uses.

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. Amended Ord. 5152

13.10.323    Development standards for residential districts. Amended Ord. 5152 Ord. 5181

13.10.324    Design and operating criteria for congregate senior housing. Amended Ord. 5172

13.10.324.1    Public facilities requirements for residential districts.

13.10.325    Large dwelling permit requirements and design guidelines. Amended Ord. 5152 Ord. 5160 Ord. 5182

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 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 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    Purposes of the Regional Housing Need R Combining District.

13.10.476    Designation of the Regional Housing Need R Combining District.

13.10.477    Use and development standards in the Regional Housing Need R Combining District.

13.10.478    By-right development. Amended Ord. 5160 Ord. 5182

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. Amended Ord. 5181

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. Amended Ord. 5172

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. Added Ord. 5172

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 Structures and Uses

13.10.611    Accessory structures.

13.10.613    Home occupations.

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    Farm worker/caretaker housing—Mobile homes, farm worker quarters and farm worker camps.

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. Amended Ord. 5151

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. Amended Ord. 5160 Ord. 5182

Article V. Commercial 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, design, and construction of wireless communication facilities. Amended Ord. 5160 Ord. 5182

13.10.661    General requirements for wireless communications facilities.

13.10.662    Application requirements for wireless communication facilities.

13.10.663    General development/performance standards for wireless communication facilities.

13.10.664    Non-ionizing electromagnetic radiation (NIER) safety and monitoring requirements for wireless communication facilities.

13.10.665    Required findings for wireless communication facilities.

13.10.666    Site restoration upon termination/abandonment of wireless communication facilities.

13.10.667    Indemnification for wireless communication facilities.

13.10.668    Telecommunications Act exception procedure.

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

13.10.681    Second units. Amended Ord. 5160 Ord. 5182

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. Amended Ord. 5160 Ord. 5182

Article VIII. Visitor Accommodations/Recreational Uses

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. Amended Ord. 5160 Ord. 5182

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. Amended Ord. 5160 Ord. 5182

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    “A” 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. Amended Ord. 5160 Ord. 5182

(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. Where a Coastal Zone permit is required pursuant to Chapter 13.20 SCCC, State and Federal agencies and cities may be required to comply with various provisions of this chapter as a condition of the Coastal Zone permit. [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 zone 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*

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:

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

[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 is intended to be a comprehensive, detailed appraisal of the County’s present and future needs for land-use allocations which are shown broadly on the adopted General Plan. In order to maintain a stable, desirable, well-balanced pattern of development throughout the unincorporated County area, amendments to the zoning plan are to be discouraged and made only upon adequate justification.

(1)    To further this intention and to address the housing needs of County residents, the County shall require that within the urban services line, any rezoning from a nonresidential zone district to a residential zone district meet the following criteria:

(a)    A minimum of 40 percent of all residential units or parcels resulting from the rezoning shall be affordable. At least one-half of the affordable units shall be affordable to low income households. For parcels on which 100 or more units will be created, the units affordable to low income households shall include at least one-half that are affordable to very low income households, resulting in a minimum of 10 percent of the total units being available to very low income households. If more than 10 percent of the units will be constructed for very low income households, the aggregate of very low and low income affordable units must total a minimum of 20 percent of the total units. All required affordable units shall be located on-site. If the calculation of the affordable housing obligation under SCCC 17.10.030(B) results in any fractional obligation above a whole unit, the project developer shall contribute funds equivalent to the fractional amount to the Measure J Trust Fund as provided in SCCC 17.10.034.

(b)    These affordable units shall meet the requirements of Chapter 17.10 SCCC, as applicable.

(B)    Amendment Initiation. Amendment to the zoning plan 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 shall be processed as an approval Level VII project 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 within 90 days after the first notice of the hearing, unless the time limit has been extended by mutual agreement of the applicant and the Commission. 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 consistent with objectives and land-use designations of the adopted General Plan; and

(2)    The proposed zone district is appropriate to 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; or

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

(E)    Planning Commission Recommendation Against Amendment. If the Planning Commission recommends against a proposed amendment, their 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 which requires Level VII approval.

(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 their report and recommendation. The Planning Commission is not required to hold a public hearing on the referral, and their failure to respond within 40 days shall constitute approval. Any hearing may be continued from time to time.

(G)    Finality of Action on Amendments. No new application for a zoning amendment shall be filed for the same or substantially the same purpose 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. [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. Amended Ord. 5181

(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. Within the Urban Services Line, and within those portions of La Selva Beach and Davenport within the Rural Services Line as shown in Figure 1 of this subsection (map attached hereto), 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 (SCCC 13.10.313(A)); residential districts (SCCC 13.10.323(B) and 13.10.323(E)(6)(c)); commercial districts (SCCC 13.10.333(A)); industrial districts (SCCC 13.10.343(A)); parks, recreation and open space parks districts (SCCC 13.10.353(A)); public and community facilities districts (SCCC 13.10.363(A)); timber production districts (SCCC 13.10.373(A)); and special use districts (SCCC 13.10.383(A)). Minor exceptions do not apply to special site standards contained in combining zone districts, specific plans or PUDs, unless specifically indicated.

Figure 1

Portions of La Selva Beach and Davenport within the Rural Services Line

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. Up to a 15 percent increase of the total allowable lot coverage, resulting in the following maximum allowable increases:

Allowable Lot Coverage

Maximum Additional Lot Coverage Allowed with a 15% Minor Exception

40%

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. 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. Amended Ord. 5151 Ord. 5152

(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

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

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

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 Support and Related Facilities

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

BP3

BP3

BP3

Caretaker’s quarters, permanent, subject to the provisions of SCCC 13.10.631

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

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 for the owner, lessee or an employee of the owner or lessee of the land, not to exceed one dwelling unit for each 40 acres of total site area, subject to the provisions of SCCC 13.10.314

 

 

 

Inside the Coastal Zone

5

Outside the Coastal Zone

3

Dwelling unit, one detached single-family per parcel, 7,000 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, accessory to the main dwelling used as agricultural caretakers’ quarters subject to SCCC 13.10.631

 

 

 

1—4 units

5

5

5

5—19 units

6

6

6

20+ units

7

7

7

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

Farm worker housing subject to SCCC 13.10.631 (see caretaker’s housing, mobile homes and travel trailers, farm worker quarters and camps)

3—7

3—7

3—7

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

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

Farm worker camps subject to the provisions of SCCC 13.10.631

 

 

 

1—4 units

5

5

5

5—19 units

6

6

6

20+ units

7

7

7

Lumber mills

5

Manufactured homes, as farm labor housing, subject to the provisions of SCCC 13.10.631

 

 

 

1—4 units

5

5

5

5—19 units

6

6

6

20+ units

7

7

7

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

Manufactured homes, for temporary occupancy as a caretaker’s or watchman’s quarters subject to the provisions of SCCC 13.10.631

3

3

3

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

Second units, outside the Coastal Zone, subject to the provisions of SCCC 13.10.681

4

4

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 (subject to SCCC 13.10.694)

2P

2P

2P

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 13.10.668, inclusive

5

5

5

Zoos and natural science museums

5

[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. Amended Ord. 5151 Ord. 5152

(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 7,000 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.

(D)    Buffer Requirements. Nonagricultural uses involving habitable spaces including residential development, farm labor housing, 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. 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.

(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, 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. 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.

(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. 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. 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.

(2)    That the division will result in agriculturally viable parcels; in no case shall the parcel size be less than 20 arable acres.

(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. 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. Amended Ord. 5152

(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

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:

 

 

 

 

 

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, 7,000 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

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

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

Second unit, subject to SCCC 13.10.681

BP3

BP3

BP3

BP3

BP3

Visitor accommodations, such as

 

 

 

 

 

Bed and breakfast inns (subject to SCCC 13.10.691)

4

4

4

4

Vacation rentals (subject to SCCC 13.10.694)

2P

2P

2P

2P

2P

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 13.10.668, inclusive

5

5

5

5

5

[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. Amended Ord. 5152 Ord. 5181

(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

 

 

 

 

 

 

 

Second units—within USL

*

*

*

*

17

*

1 story

*

*

Second units—outside USL

*

*

*

*

28

*

2

*

*

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

—creating new parcels

15

5&10

5&15

15

40%

28

0.5:1

2

35

35

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

—creating new parcels

20

5&10

5&20

15

40%

28

0.5:1

2

60

60

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 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.

*    All site standards 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.

 

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

 

 

 

 

 

 

 

Second units — within USL

*

*

*

*

17

*

1 story

*

*

Second units — outside USL

*

*

*

*

28

*

2

*

*

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.

*    All site standards 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.

(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 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 yards three feet. Decks less than 18 inches high may be constructed to property lines. Second story rooftop decks and landings are not permitted.

(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 7,000 Square Feet. No residential structure shall be constructed which will result in 7,000 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;

(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.

(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)    Applicability. This subsection applies to residentially zoned parcels within the Urban Services Line, and to residentially zoned parcels within those portions of La Selva Beach and Davenport inside the Rural Services Line as shown in Figure 1 of SCCC 13.10.235.

(ii)    Provisions. The following provisions apply to garages located in required rear and side yards:

A.    On residentially zoned parcels smaller than 10,000 square feet in the applicable areas noted above, 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:

1.    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.

2.    The garage shall be located a minimum of 40 feet from the front property line.

3.    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).

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

B.    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.

C.    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 a 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.

D.    A garage located within a required rear or side setback area shall not exceed 17 feet in height or one story, unless a 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.

(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. 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. 5172

(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.

(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. 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. Amended Ord. 5152 Ord. 5160 Ord. 5182

(A)    Approvals. No residential structure shall be constructed which will result in 7,000 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 permit approval, additional findings shall be made pursuant to SCCC 13.20.110.)

(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. 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.

The approving body (or the Coastal Commission on appeal) may approve a density greater than that allowed by the underlying land use and zone district and zone district designations for affordable residential projects if the following criteria are met:

(A)    The proposed increased density is consistent with Coastal Act Section 30604(f), Government Code Section 65915 and Chapter 17.12 SCCC;

(B)    Any affordable requirements applicable to the project, such as inclusionary units under Chapter 17.10 SCCC, nonresidential to residential designation conversion requirements of SCCC 13.01.060(D), combining district or specific General Plan policies are first met. A project will qualify for density bonus when adding affordable units beyond those required for the project; and

(C)    If located within the Coastal Zone, the project is found to be in conformity with the Local Coastal Program (including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access and open space protections), with the exception of the density provisions. [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

 

 

 

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

 

 

 

 

 

 

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

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*

 

 

Nursing homes (see SCCC 13.10.700-N definition)

4/5/6*

 

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

 

 

 

 

 

 

Temporary uses (See SCCC 13.10.700-T definition), such as:

 

 

 

 

 

 

Carnivals and circuses

3

3

Christmas tree sales lots

3

3

3

Outdoor sales not to exceed 4 per year on any site

3

3

3

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 13.10.668, inclusive

5

5

5

5

5

5

[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 

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</