Chapter 13.10 ZONING REGULATIONS

Chapter 13.10
ZONING REGULATIONS Amended Ord. 5055 Ord. 5061 Ord. 5063 Ord. 5079 Ord. 5080 Ord. 5083 Ord. 5087 Ord. 5090 Ord. 5092 Ord. 5095

Part I. AUTHORITY AND PURPOSE

13.10.110 Title of chapter.

13.10.120 Purpose.

13.10.130 Scope.

13.10.140 Applicability.

13.10.150 Amendment.

13.10.160 Environmental protection.

13.10.170 General Plan consistency. Amended Ord. 5063

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. Amended Ord. 5087

13.10.235 Minor Exceptions. Added Ord. 5087

13.10.240 Previous permits.

13.10.250 Interpretation.

13.10.260 Nonconforming uses—Provisions that apply to all uses.

13.10.261 Residential nonconforming uses.

13.10.262 Nonresidential nonconforming uses.

13.10.265 Nonconforming structures.

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. Amended Ord. 5061

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. 5061 Ord. 5080 Ord. 5092

13.10.313 Development standards. Amended Ord. 5080

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. 5061 Ord. 5090 Ord. 5092

13.10.323 Development standards for residential districts. Amended Ord. 5087 Ord. 5095

13.10.324 Design and operating criteria for congregate senior housing.

13.10.324.1 Public facilities requirements for residential districts.

13.10.325 Large dwelling permit requirements and design guidelines.

13.10.326 Residential density bonus for affordable housing. Added Ord. 5055

Article III. Commercial Districts

13.10.331 Purposes of commercial districts.

13.10.332 Commercial uses. Amended Ord. 5061

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. Amended Ord. 5092

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. Amended Ord. 5083

13.10.363 Development standards in the Public and Community Facilities “PF” District. Amended Ord. 5083

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. Amended Ord. 5092

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. Amended Ord. 5092

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 Residential density bonuses and affordability incentives. Repealed Ord. 5055

13.10.391 Density bonus authorized. Repealed Ord. 5055

13.10.392 Alternative incentives in place of bonus. Repealed Ord. 5055

13.10.393 Additional concessions or incentives. Repealed Ord. 5055

13.10.394 Waiver or modification of standards. Repealed Ord. 5055

13.10.395 Determination of feasibility. Repealed Ord. 5055

13.10.396 Additional application and notice requirements. Repealed Ord. 5055

13.10.397 Enforcement of affordability requirements. Repealed Ord. 5055

Part IV. COMBINING ZONE DISTRICTS

13.10.400 Combining zone districts. Amended Ord. 5063

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 Added Ord. 5063

13.10.444 Purposes of the Pleasure Point Community Design “PP” Combining District. Added Ord. 5063

13.10.445 Designation of the Pleasure Point Community Design “PP” Combining District. Added Ord. 5063

13.10.446 Residential development standards in the Pleasure Point Community Design “PP” Combining District. Added Ord. 5063

13.10.447 Exceptions. Added Ord. 5063

13.10.448 Nonconforming structures. Added Ord. 5063

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 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.

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.

Article IX-A. “W” Watsonville Utility Prohibition Combining District

13.10.491 Purposes of the Watsonville Utility Protection “W” Combining District.

13.10.492 Designation of the Watsonville Utility Protection “W” Combining District.

13.10.493 Use and development standards in the Watsonville Utility Protection “W” Combining District.

Article X. General Site Standards

13.10.510 Application of site standards. Amended Ord. 5087

13.10.520 Site frontage.

13.10.521 Site access.

13.10.525 Regulations for fences and retaining walls. Amended Ord. 5095

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. Amended Ord. 5061 Ord. 5083

13.10.553 Variations to 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. Amended Ord. 5061

13.10.560 Bicycle parking provisions.

13.10.570 Off-street loading facilities required.

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

13.10.575 Existing uses.

13.10.576 Reduction of off-street parking and loading facilities.

13.10.577 Designation of off-site loading facilities.

13.10.578 Off-street parking and off-street loading.

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

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

13.10.582 Signs in the “PR” District.

13.10.583 Temporary signs in all districts.

13.10.584 Directional signs.

13.10.585 Nonconforming signs.

13.10.586 Historic identification plaques.

13.10.591 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 VI. REGULATIONS FOR SPECIAL USES

Article I. Accessory Structures and Uses

13.10.611 Accessory structures. Amended Ord. 5061

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. Amended Ord. 5061

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.

13.10.637 Wineries.

13.10.638 Agricultural custom work occupations.

13.10.639 Sanitary landfill as interim use.

Article IV. Animal Regulations

13.10.641 Animal enclosures—Stables and paddocks.

13.10.642 Animal hospitals and kennels.

13.10.643 Animal-keeping in the Residential—Agricultural Zone District.

13.10.644 Animal raising—Family.

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

13.10.646 Animal raising—Turkeys.

13.10.647 Biomedical livestock operations.

Article V. Commercial Uses

13.10.651 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. Amended Ord. 5061

13.10.659 Regulations for the siting, design and construction of wireless communication facilities.

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

13.10.661 General requirements for wireless communication 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 Telecommunication act exception procedure.

13.10.670 Medical marijuana cooperatives. Added Ord. 5090

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. 5079

13.10.682 Permanent occupancy of manufactured homes.

13.10.683 Temporary occupancy of mobile homes and recreational vehicles. Amended Ord. 5061

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 non-residential zone districts.

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. Added Ord. 5092

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. 5095

13.10.700-D “D” definitions.

13.10.700-E “E” definitions. Amended Ord. 5083

13.10.700-F “F” definitions. Amended Ord. 5095

13.10.700-G “G” definitions.

13.10.700-H “H” definitions. Amended Ord. 5095

13.10.700-I “I” definitions.

13.10.700-J “J” definitions.

13.10.700-K “K” definitions.

13.10.700-L “L” definitions. Amended Ord. 5061

13.10.700-M “M” definitions. Amended Ord. 5090

13.10.700-N “N” definitions.

13.10.700-O “O” definitions.

13.10.700-P “P” 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. Amended Ord. 5092

13.10.700-W “W” definitions.

13.10.700-Y “Y” definitions.

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. 560, 7/14/58; 3186, 1/12/82; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

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. 2824, 12/4/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

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; the intensity of land use.

(d) Establish requirements of off-street parking and loading.

(e) Establish and maintain building setback lines.

(Ord. 2823, 12/4/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

13.10.140 Applicability.

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

(b) Conformance by Government Agencies. No government unit whether city, county special district or state agency shall be exempt from the provisions of this chapter, except for state agencies and cities engaged in a sovereign activity or a local public agency exempted by Sections 53090 et seq. of the California Government Code. Where a Coastal Zone Approval is required pursuant to Chapter 13.20, state and federal agencies and cities may be required to comply with various provisions of this chapter as a condition of the Coastal Zone Approval. (Ord. 560, 7/14/58; 1578, 2/23/71; 2824, 12/4/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; 4166, 12/10/91)

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, 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 and a Level VII approval pursuant to Chapter 18.10 and shall be subject to approval by the California Coastal Commission. (Ord. 2823, 12/4/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

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. (Ord. 2117, 4/22/75; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

13.10.170 General Plan consistency. Amended Ord. 5063

(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 Section 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 Section 13.10.300 et seq., and Section 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 1 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 1 acre lot size)

R-S - Suburban Residential	RR -	Rural Residential
	RA -	Residential Agriculture
	R-1 -	Single Family Residential**
		(5,000 square feet to 1 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 -	Multi-Family Residential*

R-UM - Urban Medium Residential	R-1 -	Single Family Residential*
	RB -	Ocean Beach Residential*
	RM -	Multi-Family Residential*

R-UH - Urban High Residential	R-1 -	Single Family Residential*
	RM -	Multi-Family 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 of the County Code) 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 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

(Ord. 1739, 1972; Ord. 2142, 1975; Ord. 2824, 1979; Ord. 3186, 1982; Ord. 3344, 1982; Ord. 3432, 1983; Ord. 3632, 1985; Ord. 3943, 1988; Ord. 4346, 1994; Ord. 4370, 1995; Ord. 4460, 1997; Ord. 4577 § 1, 12/14/99; Ord. 4836 § 3, 10/3/06; Ord. 4873 § 2, 5/15/07)

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. 560, 7/14/58; 1891, 6/19/73; 2761, 9/4/79; 2824, 12/4/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

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 non-residential zone district to a residential zone district meet the following criteria:

(A) A minimum of 40% 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% of the total units being available to very low income households. If more than 10% 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% of the total units. All required affordable units shall be located on-site. If the calculation of the affordable housing obligation under Section 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 Section 17.10.034.

(B) These affordable units shall meet the requirements of Chapter 17.10 of the County Code, 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 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 ninety (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;

(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;

(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 thirty (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 substantial 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 forty (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. 560, 7/14/68; 1029, 11/16/64; 1508, 4/21/70; 1863, 5/1/73; 1943, 10/4/73; 2142, 6/17/75; 2294, 5/25/76; 2823, 12/4/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; 4764 § 3, 6/22/04; 4767 § 3, 8/3/04; Ord. 4783 § 3, 4/26/05; Ord. 4817 § 2, 3/7/06; Ord. 4843 § 1, 12/5/06)

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. 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. (Ord. 560, 7/14/58; 640, 8/1/60; 758, 2/19/62; 1704, 4/25/72; 2452, 6/21/77; 2872, 3/4/80; Ord. 4836 § 4, 10/3/06)

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 shall be made within ninety (90) days of the date of issuance of the emergency permit or the use shall be terminated. (Ord. 4030, 11/21/89; 4160, 12/11/91)

13.10.230 Variance Approvals. Amended Ord. 5087

(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 Section 13.10.220, rezoning of the property pursuant to Section 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 1% 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 for a Level V approval and paragraph (c) “findings” below except that site area variances which create new building sites under the circumstances described in Section 13.10.230(a) 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:

1. That because of special circumstances applicable to the property, including size, shape, topography, location, and surrounding existing structures, 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. 746, 1/8/62; 1048, 2/1/65; 1578, 2/23/70; 1704, 4/25/72; 1739, 7/17/72; 2459, 7/19/77; 2506, 11/22/77; 2800, 10/30/79; 3186, 1/12/86; 3344, 11/23/82; 3432, 8/23/83; 3632, 3/26/85; 4836 §§ 5, 6, 10/3/06)

13.10.235 Minor Exceptions. Added Ord. 5087

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 and Chapter 19.01, 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, 8/23/83; Ord. 4836 § 7, 10/3/06)

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:

(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 centerline 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.

13.10.260 Nonconforming uses—Provisions that apply to all uses.

The following provisions apply to all categories of nonconforming uses.

(a) Purpose and Intent:

1. Significantly nonconforming uses are detrimental to the orderly development of the County, to the general welfare, and to the implementation of the General Plan/Local Coastal Program. It is the intent of this Chapter that significantly nonconforming uses be rapidly eliminated through restrictions on repairs, alterations, expansion, reconstruction, change and intensification of use, cessation of use, and termination of use in conformance with the policies of the General Plan/LCP.

2. Nonconforming uses that are not significantly nonconforming may be detrimental to the orderly development of the County and the general welfare based on the degree of nonconformity. It is the intent of this Chapter to regulate the repair, alteration, expansion, reconstruction, change and intensification of use, cessation of use, and termination of use in conformance with the policies of the General Plan/LCP.

3. Nonconforming uses that can become conforming to the regulations of this Chapter are encouraged to do so.

(b) Definitions. In addition to the definitions set forth in Section 13.10.700(A) through 13.10.700(Z), the following words and phrases, whenever used in this Section, or Sections 13.10.261 or 13.10.262, shall have the following meanings:

1. Development Standards: Standards that regulate the development of uses, including but not limited to signage, useable open space and the design regulations found in Chapter 13.11. For the purposes of the Section, site and structural dimensions are not considered development standards.

2. Imminent Threat: A situation that poses an impending threat to life or property as determined by the Planning Director, Building Official and/or the County Geologist.

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

4. Nonconforming Use: The use of a structure or land that was legally established and maintained prior to the adoption, revision, or amendment of Chapters 13.10 or 13.11, conforms to the present General Plan/Local Coastal Program land use designation, and:

(i) Has not lost its nonconforming status due to cessation of use, as outlined in Sections 13.10.260, 13.10.261, or 13.10.262; and

(ii) No longer conforms to the present use, density, or development standards of the zone district in which it is located; or

(iii) Does not have a valid Development Permit as required by the present terms of this Chapter.

5. Ordinary Maintenance and Repair in Kind: Any work, whether structural or non-structural, that is done to a structure in kind to preserve its current condition or restore to its original condition. Structural repairs in kind may not exceed the aggregate of ten (10) percent of the exterior walls, roof, or foundation within any one year period. Structural repairs in kind that result in greater than the aggregate of ten (10) percent of the exterior walls, roof, or foundation being repaired within any one year period shall be deemed a structural alteration. The replacement of the interior or exterior wall coverings or the replacement of the windows or doors without altering their openings will not be included in this calculation. The Planning Director may require that a termite inspector, registered engineer or other professional(s) acceptable to the Planning Director be retained at the applicant’s expense to certify that portions of the structure which the plans show as proposed not to be structurally repaired are in fact structurally sound and that it will not be necessary to repair or alter such portions of the structure during the course of construction.

6. Reconstruction: The rebuilding of a structure or portion(s) of a structure. A structural alteration or repair that involves greater than fifty (50) percent of the exterior walls being altered within any five year period shall be deemed a reconstruction. The Planning Director may require that a termite inspector, registered engineer or other professional(s) acceptable to the Planning Director be retained at the applicant’s expense to certify that portions of the structure which the plans show as proposed not to be structurally repaired or altered are in fact structurally sound and that it will not be necessary to repair or alter such portions of the structure during the course of construction.

7. Significantly Nonconforming Use: The use of a structure or land that was legally established and maintained prior to the adoption, revision, or amendment of Chapters 13.10 or 13.11, does not conform to the present General Plan/Local Coastal Program land use designation, and has not lost its nonconforming status due to cessation of use as outlined in Sections 13.10.260, 13.10.261, or 13.10.262.

8. Structural Alteration: Any change in the supporting members of a building, such as the foundation, bearing walls, columns, beams, girders, floor, ceiling or roof joists, and roof rafters or structural repairs in kind greater than ten (10) percent but less than 50.1% of the exterior walls. Roofs and foundations may be replaced. No physical expansion shall be permitted unless expressly authorized in Sections 13.10.261 or 13.10.262. Structural alterations or repairs that result in greater than fifty (50) percent of the exterior walls being altered within any five year period shall be deemed a reconstruction. The replacement or alteration of the interior or exterior wall coverings or the replacement of windows and doors without altering their openings will not be included in this calculation. The Planning Director may require that a termite inspector, registered engineer or other professional(s) acceptable to the Planning Director be retained at the applicant’s expense to certify that portions of the structure which the plans show as proposed to remain are in fact structurally sound and that it will not be necessary to alter such portions of the structure during the course of construction.

1. Determination of Nonconforming Status. The property owner shall have the burden of proof in establishing the nonconforming use status of any land or structure. The Planning Director may charge a fee, as stated in the Uniform Fee Schedule, for the review of submitted documents which shall be based upon a reasonable estimate of the cost to the County for verifying the claim.

2. Continuation of Nonconforming Rights. The lawful use of land existing on the effective date of the adoption or change of zoning designation or of the zoning regulations may be continued, even if the use no longer conforms to the regulations specified by Chapter 13.10 for the district in which the land is located and Chapter 13.11, provided that the use shall not be intensified or expanded to occupy a greater area than that occupied by the use at the time of adoption or change in zoning designation or zoning regulations.

Exceptions:

(i) The nonconforming use of a structure may be changed to a use of the same or less intense nature, provided that in each case a Level V Development Permit, or lower level Development Permit as provided in Section 13.10.261, is obtained.

(ii) The nonconforming use of a portion of a building may be extended throughout the building, provided that in each case a Level V Development Permit, or lower level Development Permit as provided in Section 13.10.261, is obtained.

3. Loss of Nonconforming Status. Loss of nonconforming status due to cessation of use shall be as provided in Sections 13.10.261 and 13.10.262.

4. Reconstruction of Structures Containing Nonconforming Uses Damaged by the Loma Prieta Earthquake. Notwithstanding any other provision of this Section, any building or structure damaged or destroyed as a result of the earthquake of October 17, 1989 and/or associated aftershocks may be repaired or reconstructed, provided the structure:

(i) Will be sited in the same location on the affected property as the destroyed structure, and that location is determined to be located away from potentially hazardous areas, as required by Chapter 16.10 of this Code;

(ii) Will be for the same use as the damaged or destroyed structure; and

(iii) Will not exceed the floor area, height, or bulk of the damaged or destroyed structure by more than 10%.

5. Preexisting Parcels. A parcel that does not meet the current minimum site area, width, or frontage as required by the regulations of the zone district in which the parcel is located, or does not conform due to public dedication of right-of-way in accordance with Section 13.10.323(d)3, shall be deemed conforming and may be developed if:

(i) The parcel was legally created; and

(ii) The parcel has not been combined or merged pursuant to Sections 14.01.110 and 14.01.111.

6. Nonconforming Parking. In accordance with the limitations of Section 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 offstreet parking or loading facilities.

7. Compliance with the American with Disabilities Act or Chapter 11 of the State Building Code. Nothing in this Section, or Sections 13.10.261 and 13.10.262, shall preclude structural work performed for the sole purpose of coming into compliance with the Americans with Disabilities Act (ADA) or Chapter 11 of the State Building Code found in Volume II of Title 24 of the California Code of Regulations.

8. Compliance with Other Sections of the County Code. All development allowed by this Section, or Sections 13.10.261 and 13.10.262, shall be in conformance with all other requirements of the County Code, unless exceptions, as provided in those Sections, are granted.

9. Statement of Acknowledgment Required. Any Building or Development Permit issued for repair, structural alteration, expansion, change or intensification of use, or reconstruction shall include a condition requiring recordation of a Statement of Acknowledgment of Nonconforming or Significantly Nonconforming Use Status.

10. Termination of Use. The Board of Supervisors may order a nonconforming use to be terminated, upon recommendation of the Planning Commission. The Planning Commission shall conduct a public hearing after 15 days written notice to the nonconforming user. If the nonconforming user 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 nonconforming user 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 of this Code. In making its recommendation, the Planning Commission shall consider:

(i) The total cost of land and improvements;

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

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

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

(v) Whether the use is significantly nonconforming;

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

(vii) The possible threat to public health, safety or welfare; and

(viii) Any other relevant factors.

Failure to comply with a Board of Supervisors’ Order to terminate a nonconforming use shall constitute a violation of the Chapter and is a public nuisance subject to abatement in accordance with Chapter 1.14 of the Code.

11. Termination as a Result of Public Agency Acquisition or Eminent Domain. Notwithstanding any other provisions of this section, whenever a nonconforming use of land or buildings outside of the California Coastal Zone is terminated by reason of an acquisition of the property or portion thereof by a public agency by eminent domain or an acquisition under threat of the use of eminent domain, the nonconforming use may be relocated to another location on the property or to an adjacent parcel, including a parcel which is near or close to the subject parcel, provided that:

(i) Any structure reconstructed and/or relocated for the nonconforming use will not exceed the floor area, height, or bulk of the replaced structure;

(ii) The use will remain the same;

(iii) A Level V approval is obtained based on a finding that the relocated use and any structure for the use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity or the general public, nor be materially injurious to properties or improvements in the vicinity, and that any relocated or reconstructed structure will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects of the neighborhood. (Ord. 560, 7/14/58; 740, 12/11/61; 1704, 4/25/72; 2047, 8/20/74; 2452, 6/21/77; 2787, 10/2/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; 3593, 11/6/85; 4217, 10/20/92; 4411, 4/16/96; 4467, 8/12/97; Ord. 4525, 12//8/98)

13.10.261 Residential nonconforming uses.

(a) Single-Family Dwelling Regulations.

1. A dwelling located on a parcel whose general plan designation prohibits primary residential use and is not part of a permitted mixed use development shall be deemed significantly nonconforming and limited to the improvements and restrictions provided in Section 13.10.261 Table 1.

2. A dwelling located on a parcel with Commercial or Industrial zoning and a Residential general plan designation shall be deemed nonconforming and subject to the restrictions provided in Section 13.10.261 Table 1.

3. In determining the percentage of damage for the purposes of repair or reconstruction after fire, other catastrophic event, or the public enemy, the following method shall be used:

The percentage of damage or destruction of the total length of the exterior walls (exclusive of the foundation or roof) that occurred and the percentage of the exterior walls (exclusive of the foundation or roof) that will be required to be moved, replaced or altered in any way to restore the structure, except that the replacement or alteration of the interior or exterior wall coverings or the replacement of windows and doors without altering their openings will not be counted in this calculation. This determination shall be made by the Building Official, taking into account the damage caused by the event as well as any additional demolition which is proposed by the applicant or which is required by the currently adopted codes and ordinances as part of the reconstruction. The Planning Director may require that a registered engineer or other professional(s) acceptable to the Planning Director be retained at the applicant’s expense to certify that the portions of the structure which the plans shows as proposed to remain are in fact structurally sound and that it will not be necessary to alter such portions of the structure during the course of construction. The Building Official may charge a fee for this determination which shall be based upon a reasonable estimate of the cost to the County for making such determination.

(b) Accessory Structure Regulations. The following regulations shall apply to both habitable and non-habitable accessory structures as defined in Sections 13.10.700-H and 13.10.700-N:

1. An accessory structure located on a parcel whose general plan designation prohibits primary residential use and is not part of a permitted mixed use development shall be deemed significantly nonconforming and limited to the improvements and restrictions provided in Section 13.10.261 Table 2.

2. An accessory structure located on a parcel with Commercial or Industrial zoning and a Residential general plan designation shall be deemed nonconforming and subject to the restrictions as provided in Section 13.10.261 Table 2.

3. An accessory structure that does not meet the use standards of Section 13.10.611 shall be deemed nonconforming and subject to the restrictions provided in Section 13.10.261 Table 2.

Exception: An accessory structure that is a nonconforming use solely because of the existence of a toilet and/or waste drain lines larger than 1 1/2 inches in size may be repaired, structurally altered, or reconstructed with no physical expansion upon issuance of a building permit.

4. In determining the percentage of damage for the purposes of repair or reconstruction after fire, other catastrophic event, or the public enemy, the method outlined in Section 13.10.261(a)3 shall be used.

1. Nonstructural uses and home occupations shall not be expanded.

2. Loss of nonconforming status occurs after a continuous six month cessation of use.

(d) Dwelling Groups Regulations.

1. 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 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 nonconforming units(s) shall be subject to the requirements of this Section.

2. Dwelling groups located on a parcel whose general plan designation prohibits primary residential use and are not part of a permitted mixed use shall be deemed a significantly nonconforming use and limited to the improvements and restrictions provided in Section 13.10.261 Table 3.

3. All other nonconforming dwelling groups shall be subject to the restrictions as provided in Section 13.10.261 Table 3.

Exception: The foundation and/or roof line of dwelling units that are not significantly nonconforming may be physically expanded provided that the cubic habitable space of the structure(s) is not increased, the structural alterations are in accordance with the height and other applicable restrictions of this Chapter, and a Level IV Use Approval is obtained.

4. Except as provided in subsection (e) of this Section regarding reconstruction of dwelling groups after catastrophe, an application to reconstruct a nonconforming dwelling unit or units shall be denied if the Approving Body makes one or more of the following findings:

(i) That the reconstruction, restoration or rebuilding will be detrimental or injurious to the health, safety or general welfare of persons residing or working in the neighborhood, or will be detrimental or injurious to property and improvements in the neighborhood; or

(ii) That the existing nonconforming use of the building or structure would be more appropriately moved to a zone in which the use is permitted.

5. Factors that the Approving Body shall take into consideration in making the findings referred to in subsection 4(i) or 4(ii) of this subsection include, but are not limited to, the following:

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

(ii) The availability of off and on-street parking, both on the subject property and in the surrounding neighborhood; and

(iii) The adequacy of light, air and privacy on both the subject property and adjacent properties.

6. An application to reconstruct, restore or rebuild a nonconforming dwelling unit or units that has been denied pursuant to subsection 4. of the subsection may be resubmitted and approved if it is revised, including but not limited to reducing the size and/or number of units, such that the basis for making the findings for denial no longer apply.

(e) Reconstruction of Dwelling Groups after Catastrophe.

1. Notwithstanding any other provisions of the County Code (including, but not limited to subsections (g) and (h) of Section 13.10.265), whenever a multifamily dwelling is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy, the multifamily dwelling may be reconstructed, restored, or rebuilt as a nonconforming use in accordance with this subsection (e) and with a Level V or VI approval in accordance with this subsection and Section 13.10.261 Table 3.

2. For purposes of this subsection, for dwelling groups that are significantly nonconforming, the term “multifamily dwelling” means a structure designed for human habitation that is divided into two or more independent living quarters. For dwelling groups that are nonconforming, the term “multifamily dwelling” means a structure designed for human habitation that is divided into two or more independent living quarters or a structure designed for human habitation located on site with other dwellings.

3. In determining the percentage of damage for the purposes of repair or reconstruction after fire, other catastrophic event, or the public enemy, the following method shall be used:

4. Any reconstruction, restoration, or rebuilding undertaken pursuant to this subsection shall conform to all of the following:

(i) The California Building Standards Code as that code is in effect at the time of the reconstruction, restoration, or rebuilding;

(ii) Any more restrictive County building standards authorized pursuant to Sections 13869.7, 17958.7, 18941.5 of the Health and Safety Code and any successor provisions, as those standards are in effect at the time of reconstruction, restoration, or rebuilding.

(iii) The State Historical Building Code Part 2.7 (commencing with Section 18950 and any successor provisions) of Division 13 of the Health and Safety Code) for work on qualified historical buildings or structures;

(iv) The County Zoning Ordinance, so long as the predamage size and number of dwelling units are not exceeded;

(v) State Architectural regulations and standards or County Code Chapter 13.11, so long as the predamage size and number of dwelling units are not exceeded; and

(vi) A building permit which shall be obtained within two years after the date of the damage or destruction and construction diligently pursued.

5. An application made pursuant to this subsection shall be denied if the Approving Body makes one or more of the following findings:

(ii) That the existing nonconforming use of the building or structure would be more appropriately moved to a zone district in which the use is permitted; or

(iii) That the building is located in an industrial zone district.

6. Factors that the Approving Body shall take into consideration in making the findings referred to in subsection 5(i) or 5(ii) of this subsection include, but are not limited to, the following:

(i) Whether the multifamily residential use, as defined in subsection (e)2 of this subsection, is significantly nonconforming;

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

(iii) The availability of off and on-street parking, both on the subject property and in the surrounding neighborhood; and

(iv) The adequacy of light, air and privacy on both the subject property and adjacent properties.

7. An application to reconstruct, restore or rebuild a multifamily dwelling to its predamaged size and number of dwelling units that has been denied pursuant to subsection 5. of this subsection may be resubmitted and approved if it is revised, including but not limited to reducing the size and/or number of units, such that the basis for making the findings for denial no longer apply.

8. This subsection shall not apply if, prior to the damage or destruction, the multifamily dwelling use had lost its nonconforming status due to cessation of use as shown in Section 13.10.261 Table 3. (Ord. 4525, 12/8/98). Note: Tables referenced in text are located on the next pages.

Section 13.10.261 TABLE 1
RESIDENTIAL NONCONFORMING USE: SINGLE-FAMILY DWELLING
TYPE OF ALTERATION	SIGNIFICANTLY NONCONFORMING: Parcel has Commercial or Industrial General Plan designation and a residential use only on site	NONCONFORMING: Parcel has Commercial or Industrial zoning and a Residential General Plan designation
Ordinary maintenance and repair in kind or structural alteration for imminent threat	Yes	Yes
Structural alteration	No	Yes, maximum of 50% of exterior walls within 5 year period
Extend use throughout building	Yes, with Level V no intensification	Yes, with Level III
Physical Expansion	No	Yes, with Level III, 500 square feet expansion one time only
Reconstruction	No	Yes, with Level III, 500 square feet expansion one time only
Reconstruction up to 75% after disaster	Yes, with Level V no intensification	Yes, may expand 500 square feet one time only with Level III
Reconstruction 75% or greater after disaster	No	Yes, with Level III, 500 square feet expansion one time only
Loss of nonconforming status due to cessation of use	12 continuous months**	No restriction

** unless cessation caused involuntarily by fire, other catastrophic event, or the public enemy, in which case a building permit must be obtained within 2 years and construction diligently pursued

Section 13.10.261 TABLE 2
RESIDENTIAL NONCONFORMING USE: ACCESSORY STRUCTURE
TYPE OF ALTERATION	SIGNIFICANTLY NONCONFORMING: Parcel has Commercial or Industrial General Plan designation and a residential use only on site	NONCONFORMING: Parcel has Commercial or Industrial zoning and a Residential General Plan designation and accessory structure does not meet use restrictions	NONCONFORMING: Structure meets zoning and General Plan designations but does not meet use restrictions or does not have required Development Permit	NONCONFORMING: Parcel has Commercial or Industrial zoning and a Residential General Plan designation and accessory structure meets use restrictions
Ordinary maintenance and repair in kind or structural alteration for imminent threat	Yes	Yes	Yes	Yes
Structural alteration	No	Yes, with Level III, maximum of 50% of exterior walls within a 5 year period	Yes, with Level III, maximum of 50% of exterior walls within a 5 year period	Yes, with Level III
Extend use throughout building	Yes, with Level V	Yes, with Level IV	Yes, with Level IV	Yes, with Level III
Physical expansion	No	No	No	Yes, with Level III
Reconstruction	No	No	No	Yes, with Level III
Reconstruction up to 75% after disaster	Yes, with Level V; no intensification	Yes, with Level IV; no intensification	Yes, with Level IV; no intensification	Yes, with Level III
Reconstruction 75% or greater after disaster	No	No	No	Yes, with Level III
Loss of nonconforming status due to cessation of use	12 continuous months**	12 continuous months**	12 continuous months**	No restriction

** unless cessation caused involuntarily by fire, other catastrophic event, or the public enemy, in which case a building permit must be obtained within 2 years and construction diligently pursued

Section 13.10.261 TABLE 3
RESIDENTIAL NONCONFORMING USE: DWELLING GROUPS
TYPE OF ALTERATION	SIGNIFICANTLY NONCONFORMING: Parcel has General Plan designation that prohibits primary residential use and dwelling group is not part of a legal mixed use	NONCONFORMING: Parcel has General Plan designation that allows primary residential use and built before Development Permit requirements, does not meet zone district use, density, and/or standards	NONCONFORMING: Parcel has General Plan designation that allows primary residential use and built with Development Permit, does not meet zone district use, density, and/or standards	NONCONFORMING: Parcel has General Plan designation that allows primary residential use and built before Development Permit requirement, does meet zone district use, density, and standards
Ordinary maintenance and repair in kind or structural alteration for imminent threat	Yes	Yes	Yes	Yes
Structural alteration	No	Yes, maximum of 50% of exterior walls within a 5 year period	Yes, maximum of 50% of exterior walls within a 5 year period	Yes, maximum of 50% of exterior walls within a 5 year period
Extend use throughout building	Yes, with Level V, no intensification	Yes, with Level IV, no intensification	Yes, amend Development Permit (per Section 18.10.134), no intensification	Yes, with Level III; Level V if intensifies
Physical expansion	No	No	No	No
Reconstruction without expansion	No	Yes 1-4 units: Level V 5+ units: Level VI no intensification	Yes, if work commenced within 12 months no intensification	Yes, with Level V



Reconstruction up to 100% after disaster: multifamily attached only, with no expansion*	Yes 1-4 units: Level V 5+ units: Level VI, no intensification	Yes 1-4 units: Level V 5+ units: Level VI no intensification	Yes no intensification	Yes, with Level V



Reconstruction up to 75% or greater after disaster: detached units, with no expansion	Yes no intensification	Yes no intensification	Yes no intensification	Yes Level V if intensifies

Reconstruction 75% or greater after disaster: detached units, with no expansion	No	Yes 1-4 units: Level V 5+ units: Level VI no intensification	Yes no intensification	Yes, with Level V



Loss of nonconforming status due to cessation of use	12 continuous months**	12 continuous months**	12 continuous months**	12 continuous months**

* except for properties zoned M-1, M-2, M-3

** unless cessation caused involuntarily by fire, other catastrophic event, or the public enemy, in which case a building permit must be obtained within 2 years and construction diligently pursued

(Ord. 4836 § 8, 10/3/06)

13.10.262 Nonresidential nonconforming uses.

(a) Allowed Changes to Nonresidential Uses. Only ordinary maintenance and repair in kind not involving structural repairs may be made to a nonresidential nonconforming use, except as provided in 13.10.262(b) below.

(b) Reconstruction of Involuntarily Damaged or Destroyed Nonresidential Uses. If any building or structure which does not conform to the use of the district in which it is located is involuntarily damaged or destroyed by fire, other catastrophic event, or the public enemy to the extent that the reconstruction or repair of the structure will require more than 75% of the total length of the exterior walls (exclusive of the foundation or roof) to be moved, replaced or altered in any way, except that the replacement or alteration of the interior or exterior wall coverings or the replacement of windows and doors without altering their openings will not be counted in this calculation, the land and structure shall be subject to all regulations specified by this Chapter for the district in which such land and structures are located. This determination shall be made by the Building Official, taking into account the damage caused by the event as well as any additional demolition which is proposed by the applicant or which is required by the currently adopted codes and ordinances as part of the reconstruction. The Planning Director may require that a registered engineer or other professional(s) acceptable to the Planning Director be retained at the applicant’s expense to certify that the portions of the structure which the plans show as proposed to remain are in fact structurally sound and that it will not be necessary to alter such portions of the structure during the course of construction. The Building Official may charge a fee for this determination which shall be based upon a reasonable estimate of the cost to the County for making such determination.

(c) Loss of Nonconforming Status. If the nonconforming use of land or buildings ceases for a continuous period of six months, then without further action by the County, the building or land shall be subject to all of the regulations of this Chapter for the district in which said land is located.

(d) Nonconforming Greenhouses. Regulations regarding the replacement of nonconforming greenhouses are found in Section 13.10.636(c).

(e) Nonconforming Farm Worker Housing. Regulations regarding repair and replacement of nonconforming farm worker housing are found in Section 13.10.631(c).

(f) Nonconforming Recycling Collection Facilities. Regulations regarding nonconforming recycling collection facilities are found in Section 13.10.658(b).

(g) “M-1” Zone District Uses Not in Compliance with Section 13.10.345(a). Uses in the “M-1” zone district which are not in compliance with the provisions of Section 13.10.345(a)1 through 6 are subject to Sections 13.10.345(a)7 and 8.

(h) Lands designated with a “P” Combining District. Modification or expansion of uses on lands designated with a “P” Combining District shall be processed as set forth in Section 13.10.473.

(i) Expansion of Organized Camps with Nonconforming Densities. Expansion of organized camps with nonconforming densities shall be processed as set forth in Section 13.10.353(b)3. (Ord. 4525, 12/8/98)

13.10.265 Nonconforming structures.

(a) The lawful use of a structure existing on the effective date of a change of zoning or of the zoning regulations may be continued even if such a structure and/or use does not conform to the change in zoning or change of the zoning regulations specified for the district in which such structure is located.

(b) The structural enlargement, extension, reconstruction, or alteration which conforms to the site development standards of the district in which the structure is located may be made to a nonconforming structure upon issuance of only those building permits and/or development permits required by other Sections of the County Code if the property’s use is made to conform to the uses allowed in the district and provided that the structure is not significantly nonconforming as defined in this Section, and further provided that where the floor area of an addition exceeds 800 square feet net, a Level IV Use Approval shall be required.

(c) When the use of the nonconforming structure conforms to uses allowed in the district in which the structure is located, but the enlargement, extension, reconstruction, or structural alteration of said building involves a variation from height, building site area, lot width, lot coverage, floor area ratio, or side, front, or rear yard requirements for the district, a Variance Approval shall be required in accordance with the provisions of Section 13.10.230, with the exception that, where the dedication requirements of Section 15.10.050 cause an existing structure to become nonconforming, a Variance Approval is not required provided that the front yard is not reduced to less than 10 feet and the street side yard to not less than 6 feet. In addition, no Variance Approval shall be required for any structural alterations which conform to Subsection (e) of this Section.

(d) The structural enlargement, extension, reconstruction or alteration of a non-conforming structure which has been designated as a historic resource pursuant to County Code Chapter 16.42 is permitted upon issuance on only those building permits and/or development permits required by other Sections of the County Code regardless of any other provisions of this Chapter to the contrary, if one or more of the following criteria are met:

1. The structural enlargement, extension, reconstruction or alteration conforms to the site development regulations of the Zoning district in which it occurs;

2. The structural enlargement, extension, reconstruction or alteration does not conform to the setback 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

3. The structural enlargement, extension, reconstruction or alteration is required to provide access for persons with disabilities to the structure.

(e) Ordinary maintenance and repairs and other structural alterations, including foundation repair/replacement, may be made to the nonconforming portions of a structure which is not significantly nonconforming as defined in this Section provided that:

1. The building permit(s) and/or development permits required by other Sections of the County Code are obtained for any structural alterations, including foundation repair/replacement;

2. There is no increase in the nonconforming dimensions of the structure; and,

3. Within any five-year period, no more than fifty (50) percent of the total length of the exterior walls within the nonconforming portions of the structure, exclusive of the foundation, shall be moved replaced or altered in any way. The replacement or alteration of the interior or exterior wall coverings or the replacement of windows and doors without altering their openings will not be included in this calculation. The Planning Director may require that a termite inspector, registered engineer or other professional(s) acceptable to the Planning Director be retained at the applicant’s expense to certify that portions of the structure which the plans show as proposed to remain are in fact structurally sound and that it will not be necessary to alter such portions of the structure during the course of construction.

Where structural alterations to the nonconforming portions of a structure do not comply with the provisions of this subsection, a Variance Approval shall be required.

(f) 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 was lawfully begun in accordance with all applicable regulations in effect at the time when construction commenced. Actual construction is hereby defined as: The placing of construction materials in their permanent position and fastening them in a permanent manner, the work of excavating a basement, or the demolition or removal of an existing structure begun preparatory to rebuilding, provided that in all cases actual construction work shall be diligently continued until the building or structure involved has been completed.

(g) If any building or structure which does not conform to the site and structural dimension regulations of the district in which it is located is damaged or destroyed by fire, other catastrophic event, or public enemy to the extent that the reconstruction or repair of the structure will require more than seventy-five (75) percent of the total length of the exterior walls (exclusive of the foundation or roof) to be moved, replaced or altered in any way, except that the replacement or alteration of the interior or exterior wall coverings, windows and doors without altering their openings will not be counted in this calculation, the land and structure shall be subject to all regulations specified by this chapter for the district in which such land and structures are located. This determination shall be made by the Building Official, taking into account the damage caused by the event as well as any additional demolition which is proposed by the applicant or which is required by the currently adopted codes and ordinances as part of the reconstruction. The Planning Director may require that a registered engineer or other professionals(s) acceptable to the Planning Director be retained at the applicant’s expense to certify that the portions of the structure which the plans show as proposed to remain are in fact structurally sound and that it will not be necessary to alter such portions of the structure during the course of construction. The Building Official may charge a fee for this determination which shall be based upon a reasonable estimate of the cost to the County for making such determination.

(h) Notwithstanding the provisions of subsection (g) above, any building or structure damaged or destroyed as a result of the earthquake of October 17, 1989 and/or associated aftershocks may be repaired or reconstructed, provided the structure:

1. Will be sited in the same location on the affected property as the destroyed structure, and that location is determined to be located away from potentially hazardous areas, as required by Chapter 16.10 of this Code;

2. Will be for the same use as the damaged or destroyed structure; and

3. Will not exceed the floor area, height, or bulk of the damaged or destroyed structure by more than ten (10) percent.

(i) Regulations which apply to nonconforming signs are found in Section 13.10.588 of this Code. Regulations regarding the replacement of nonconforming greenhouses are found in Section 13.10.636(c) of this Code.

(j) Except as provided under subsections (d), (g) and (h) of this section, no structural enlargement, extension, reconstruction or structural alteration shall be made to any significantly nonconforming structure unless a variance for improvements not allowed by 13.10.265(e), and a Level V Use Approval is obtained, in addition to all other approvals required pursuant to the County Code. In addition to any other findings which are required, the following findings shall be made for any approval granted pursuant to this subsection:

1. That the existing structure and the conditions under which it would be operated and maintained is not detrimental to the health, safety or welfare of persons residing or working in the vicinity or the general public, or be materially injurious to properties or improvements in the vicinity.

2. That the retention of the existing structure will not impede the achievement of the goals and objectives of the County General Plan, or of any Specific Plan which has been adopted for the area.

3. That the retention of the existing structure will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects of the neighborhood.

4. That the proposed project will not increase the nonconforming dimensions of the structure unless a Variance Approval is obtained.

(k) For the purposes of this section, a structure is significantly nonconforming if it is any of the following:

1. Located within five feet of a vehicular right-of-way;

2. Located across a property line;

3. Located within five feet of another structure on a separate parcel;

4. Located within five feet of a planned future public right-of-way improvement (i.e. an adopted plan line); or,

5. Exceeds the allowable height limit by more than 5 feet. (Ord. 2788, 10/2/79; 3266, 6/22/82; 3186, 1/12/82; 3344; 3746, 4/22/86; 11/23/82; 3432, 8/23/83; 3927, 6/28/88; 4024, 10/24/89; 4160, 12/10/91; 4368, 5/23/95; 4525, 12/8/98; 4642, 11/6/2001; Ord. 4771 § 3, 4/12/05; Ord. 4836 §§ 9, 10, 10/3/06)

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. (Ord. 560, 7/14/58; 747, 1/8/66; 1508, 4/21/70; 1704, 4/25/72; 1863, 5/1/73; 2245, 2/17/76; 2472, 6/7/76; 2391, 2/8/77; 2506, 11/22/77; 3117, 6/9/81; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

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 Section 13.10.312 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265.

(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” Multi-Family Residential Zone District unless that use is either (1) listed in Section 13.10.322 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265.

(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 Section 13.10.332 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265.

(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 Section 13.10.342 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265.

(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 Section 13.10.352 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265.

(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 Section 13.10.362 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265.

(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 Section 13.10.372 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265.

(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 Section 13.10.382 of this Chapter 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 non-conforming use or structure in conformance with Sections 13.10.260 and 13.10.265. (Ord. 4390A, 4/2/96; Ord. 4496-C, 8/4/98)

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 a use 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, 8/23/83)

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, 8/23/83)

13.10.278 Violations of density limitations. Amended Ord. 5061

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 a second or 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 a second or additional dwelling unit. (Ord. 3451-A, 8/23/83; Ord. 4836 § 11, 10/3/06)

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, 4/2/96)

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. 560, 7/14/58; 708, 9/11/61; 1578, 2/23/71; 2913, 5/6/80; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; 3891, 3/1/88; 4390A, 4/2/96)

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 Section 16.50.010 of the Santa Cruz County Code, 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 of the County Code; 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 lands 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. 1283, 1/2/68; 1639, 9/21/71; 2450, 6/21/77; 2622, 1/23/79; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83)

13.10.312 Uses in agricultural districts. Amended Ord. 5061 Ord. 5080 Ord. 5092

(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 paragraph (b) below. 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 of the County Code relating to Coastal Zone approvals, and in some cases, as specified in Chapter 13.20, 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 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 Section 18.10.123. All Level V or higher Approvals in the “CA” and “AP” zone districts are subject to the special findings required by Section 13.10.314(a) in addition to those required in Section 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 Section 13.10.312(a)); 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 5 Coastal Zone Permit project when within the geographic area defined by Section 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 Section 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 Section 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 5 and shall not be considered a principal permitted use.
Up to and including a maximum aggregate of 2,000 sq. ft. or 100 sq. ft. per acre on-site** (whichever is greater)	3	3	3
Greater than an aggregate of 2,000 sq. ft. or 100 sq. ft. per acre on-site** (whichever is greater)	4	4	4
Agricultural Service Establishments subject to the provisions of Section 13.10.633 (see Section 13.10.700-A definition)	—	5	—
Apiculture (beekeeping)	P	P	P
Aquaculture and Aquacultural Facilities	5	5	5
Biomedical Livestock Operations (subject to Section 13.10.647)	5	5	—
Berry and other vine crops	P	P	P
Commercial dairying, subject to the provisions of Section 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 Section 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 1 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)13.10.312	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 Section 16.22.060	BP3	BP3	BP3
Caretaker’s quarters, permanent, subject to the provisions of Section 13.10.631	5	5	5
Child care homes, small family (must be in conjunction with residential use) (See Section 13.10.700-C definition)	P	P	P
Commercial boarding of animals, subject to the provisions of Section 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 Section 13.10.314
Inside the Coastal Zone	5	BP3	5
Outside the Coastal Zone (Requires APAC review)	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 forty acres of total site area, subject to the provisions of Section 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 Sections 13.10.314 and 13.10.325	5	5	5
Dwelling units, accessory to the main dwelling used as agricultural caretakers’ quarters subject to Section 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 Sections 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 Section 13.10.661 and .700-E (definition)	5	5	5
Facilities for fish and wildlife enhancement and preservation	P	P	P
Farm worker housing subject to Section 13.10.631 (see Caretakers 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 Section 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 7 or fewer children, not including those of the proprietary family (see Section 13.10.700-F definition)	P	P	P
Foster homes for eight or more children, not including those of the proprietary family (see Section 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 Section 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 Section 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 Sections 13.10.636(a) and 13.20.073	BP3	4	BP3
Greenhouses, all others in the coastal zone.
up to 20,000 sq. ft.	P/5	P/5	P/5
greater than 20,000 sq. ft.	5	5	5
Greenhouse replacement, reconstruction or structural alteration, pursuant to Section 13.10.636(b) and (c)	BP3	BP3	BP3
Habitable accessory structure, 640 square feet or less subject to the provisions of Section 13.10.611	BP3	BP3	BP3
Habitable accessory structures greater than 640 feet, subject to the provisions of Section 13.10.611 (see farm outbuildings)	5	5	5
Inside the Coastal Zone, non-habitable accessory structure when incidental to a residential use and not for agricultural purposes (subject to the provisions of Sections 13.10.313(a) and 13.10.611)
Total area of 500 square feet or less	BP2	BP2	BP2
Total area of 501 to 1,000 square feet	BP3	BP3	BP3
Total area of more than 1,000 square feet	3	3	3
Home occupations subject to the provisions of Section 13.10.613	P	P	P
Kennels, commercial or private, for five or more dogs or cats over the age of four months subject to the provision of 13.10.323	5	5	5
Farm Worker camps subject to the provisions of Section 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 Section 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 Section 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 Section 13.10.631	3	3	3
Mushroom farms and other agriculture within structures, subject to the provisions of Section 13.10.634
Additions, less than 500 square feet	BP3	BP3	BP3
Additions, 500—20,000 square feet	BP3	5	BP3
New development and additions over 20,000 square feet	5	5	5
Offices within existing structures operated in conjunction with an allowed use	BP2	BP2	BP2
Public utility facilities; energy facilities (see Section 13.10.700-E definition)	—	5	—
Publicly owned and operated sanitary landfill either by contract or by public forces, subject to the provisions of Section 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 (Non-commercial 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 Section 13.10.635	7	7	7
Reservoirs or ponds	3	3	3
Riding academies or public stables, subject to the provisions of Section 13.10.641	5	5	5
Second Units, outside the Coastal Zone, subject to the provisions of Section 13.10.681	4	P/4	—
Septic tank sludge disposal sites that are approved by the Health Officer pursuant to Chapter 7.42 and that are located outside the Coastal Zone	—	4	—
Signs in conjunction with principal permitted uses as described in Section 13.10.580(a) and (b)	P	P	P
Signs in conjunction with non-principal permitted uses as described in Section 13.10.580(c) and (d)	BP2	BP2	BP2
Stands for the display and sale of agricultural commodities produced on site**	BP2	BP2	BP2
Timber harvesting and associated operations (outside the Coastal Zone only)	P	—	—
Veterinary offices and animal hospitals subject to the provisions of Section 13.10.642	5	5	5
Visitor Accommodations, such as: Bed and breakfast inns (subject to Section 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 Section 13.10.637	P	P	P
Wineries, subject to the provisions of Section 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 Sections 13.10.660 through 13.10.668, inclusive	5	5	5
Zoos and natural science museums	—	5	—

(Ord. 1283, 1/2/68; Ord. 1703, 5/18/72; Ord. 1806, 12/12/72; Ord. 2769, 9/11/79; Ord. 2622, 1/23/79; Ord. 2771, 9/11/79; Ord. 3015, 12/2/80; Ord. 3632, 3/26/85; Ord. 4346, 12/13/94; Ord. 4406, 2/27/96; Ord. 4416, 6/11/96; Ord. 4471, 9/9/97; Ord. 4715 § 1, 4/29/03; Ord. 4738 § 1, 9/23/03; Ord. 4744 § 1, 11/18/03; Ord. 4751 § 4, 11/25/03; Ord. 4770 § 1, 8/10/04; Ord. 4808 § 1, 11/8/05; Ord. 4814 § 1, 2/7/06; Ord. 4821 § 1, 4/4/06; Ord. 4836 §§ 12-41, 10/3/06; Ord. 5018 §§ 2—5, 8/26/08)

13.10.313 Development standards. Amended Ord. 5080

(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 Section 13.10.323 applicable to parcels in the Residential Zone Districts. On legal lots of record less than 2.5 acres in size, all site and structural dimensions of the residential districts as indicated in Section 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:		Max. Hgt. for Ag. Structures	Max. Ht. for Res. Structures
Designation	Side	Rear	Max. Hgt. for Ag. Structures	Max. Ht. for Res. Structures
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 Section 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 ten 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.

(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 (2 1/2) to twenty (20) or ten (10) to forty (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 of the County Code 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 Section 13.10.315.

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

(d) Buffer Requirements. Non-agricultural 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 Section 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 of the County Code 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 Non-Commercial 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:


	Sections
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 non-developable 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. 3755, 4/22/86; Ord. 4037, 12/5/90; 4097, 12/11/90; Ord. 4314, 5/24/94; 4346, 12/13/94; 4406, 2/27/96; Ord. 4836 §§ 42-44, 10/3/06)

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 in order to approve any discretionary use listed under Section 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 Section 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 and paragraph (a) above 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:

(i) 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

(ii) 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 Section 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 Development permit.

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 in order to approve recreational playfields outside the Coastal Zone:

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

(ii) 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.

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

(iv) 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 with 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 the Coastal Zone. (Ord. 2622, 1/23/79; 2771, 9/11/79; 3015, 12/2/80; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; Ord. 3646, 5/7/85; Ord. 4094, 12/11/90; Ord. 4439, 11/5/96; Ord. 4821 § 2, 4/4/06; Ord. 4836 § 45, 10/3/06)

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.

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 division 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 County Code Section 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:

(i) That the use is for exclusive agricultural use.

(ii) 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.

(iii) 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.

(iv) 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.

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

(vi) 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:

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.

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

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

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

(iv) 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.

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

(vi) That such division will not create the potential for residential use other than that determined to be ancillary to commercial agriculture pursuant to Section 13.10.314(a) and (b).

(vii) 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. 3076, 5/19/81; 3212, 4/13/82; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/82; Ord. 3845, 6/23/87; 4346, 12/13/94; Ord. 4836 §§ 46, 47, 10/3/06)

Article II. Residential Districts

13.10.321 Purposes of residential districts.

(a) General Purposes. In addition to the general objectives of this Chapter (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 nonurban 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” Multi-Family 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. 560, 7/14/78; Ord. 653, 10/17/60; Ord. 839, 11/28/62; Ord. 1092, 6/8/65; Ord. 1418, 5/25/69; 1891, 6/19/73; 3186, 1/12/82; Ord. 3344, 11/23/82; 3432, 8/23/83; 3501, 3/6/84; 4346, 12/13/94; 4406, 2/27/96; 4416, 6/11/96; 4496-C, 8/4/98)

13.10.322 Residential uses. Amended Ord. 5061 Ord. 5090 Ord. 5092

(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 of the County Code relating to Coastal Zone Permits, and in some cases, as provided in Chapter 13.20, 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 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 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 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 Section 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 Section 13.10.312(a)); 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 Sections 13.10.611 and .323 installation of certain plumbing fixtures may require Level 4 approval)
Total area of 640 square feet or less and not to exceed 1-story and 17 feet in height	BP3	BP3	BP3	BP3	BP3
Total area of more than 640 square feet or exceeding 1-story or 17 feet in height	5	5	5	5	5
Accessory structures, non-habitable, outside the Urban Services Line and Rural Services Line (subject to Section 13.10.611 and 13.10.323; installation of certain plumbing fixtures may require Level 4 approval) comprised of:
Animal enclosures: barns, stables, paddocks, hutches and coops (subject to the provisions of Sections 13.10.641 Stables and Paddocks; .643 Animal Keeping in the RA Zone; .644 Family Animal Raising; .645 bird and small animal raising; .646 Turkey Raising: these provisions require Level 5 in some cases).
When total area of the structure is:
1,000 square feet or less	BP3	BP3	BP3	—	—
more than 1,000 square feet	BP3	5	5
Carports, detached; garages, detached; garden structures; storage sheds (subject for Sections 13.10.611 and .323, installation of certain plumbing fixtures may require Level 4 approval) when total area of structure is:
1,000 square feet or less	BP3	BP3	BP3	BP3	BP3
more than 1,000 square feet	BP3	5	5	5	5
Accessory structures, non-habitable, inside the Urban Services Line and Rural Services Line (subject to Section 13.10.611 and 13.10.323; installation of certain plumbing fixtures may require Level 4 approval) comprised of:
Animal enclosures: barns, stables, paddocks, hutches and coops (subject to the provisions of Sections 13.10.641 Stables and Paddocks; .643 Animal Keeping in the RA Zone; .644 Family Animal Raising; .645 bird and small animal raising; .646 Turkey Raising: these provisions require Level 5 in some cases).
When total area of the structure is:
1,000 square feet or less	BP3	3	3	—	—
more than 1,000 square feet	5	5	5	—	—
Carports, detached; garages, detached; garden structures; storage sheds (subject for Sections 13.10.611 and .323, installation of certain plumbing fixtures may require Level 4 approval) when total area of structure is:
640 square feet or less	BP3	BP3	BP3	BP3	BP3
more than 640 square feet	5	5	5	5	5
Air strips (see Section 13.10.700-A definition)	7	7	—	—	—
Parking, including:
Parking, on-site, for principal permitted uses (subject to Sections 13.10.550 et seq.)	BP2	BP2	BP2	BP2	BP2
Parking, on-site, for non-principal permitted uses (subject to Sections 13.10.580 et seq.)	4	4	4	4	4
Recycling collection facilities in association with a permitted community or public facility, subject to Section 13.10.658, including:
reverse vending machines	BP1	BP1	BP1	BP1	BP1
small collection facilities	3	3	3	3	3
Signs, including:
Signs for non-principal permitted uses (subject to Sections 13.10.580, et seq.)	4	4	4	4	4
Signs for principal permitted uses (subject to Sections 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	—	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	—	—	—	—
Bee-keeping, commercial (see Section 13.10.700-B definition)	5	—	—	—	—
Gardening, family (see Section 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 Section 13.10.636(b) and (c))	BP2	BP2	BP2	—	—
Nurseries, commercial	5	—	—	—	—
Animal-related uses, including:
Animal-keeping (subject to Section 13.10.643) (see also “Animal enclosures” above)	P	—	—	—	—
Animal-raising, family (subject to Section 13.10.644) (see also “Animal enclosures” above) (Minimum parcel size: 6,000 sq. ft. 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 Section 13.10.642)	5	—	—	—	—
Stables, private, and paddocks (subject to Section 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 Section 13.10.700-N definition)	5	5	5	—	5
Radio and TV transmission tower (subject to Section 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 Section 13.10.700-D definition)	5	5	5	—	5
Schools: pre-schools 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 Section 13.10.700-E definition and subject to Section 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 Section 13.10.350 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 Section 13.10.350 et seq.)	5	5	5	—	5
Open space uses, private, non-commercial, 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, non-paved
Sports fields, non-paved
Watershed management
Parks, local, public, and associated facilities	5	5	5	5	5
Stables, boarding and public riding (subject to Section 13.10.641)	5	—	—	—	—
Residential uses:
Child care homes, large family (must be in conjunction with residential use) (See 13.10.700-C definition)	P	P	P	P	P
Child care homes, small family (must be in conjunction with residential use) (See 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 Section 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 Section 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; 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, multi-family
2—4 units	—	—	—	—	5P
5—9 units	—	—	—	—	6P
20+ units	—	—	—	—	7P
Foster homes for 7 or fewer children, not including those of the proprietary family (see Section 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 Section 13.10.700-F definition)	5	5	5	5	5
Home occupations (subject to Section 13.10.613: Level 5 Approval required in certain cases)	P	P	P	P	P
Lodging houses; boarding houses (see Section 13.10.700-L definition)	—	—	—	—	5
Manufactured home as a single-family dwelling on the property (subject to Section 13.10.682)	BP3	BP3	BP3	5	BP3
Mobile home parks (subject to section 13.10.684)
2—4 units	—	—	—	—	5
5—19 units	—	—	—	—	6
20+ units	—	—	—	—	7
Residential care homes for 7 or fewer persons (see Section 13.10.700-R definition)	P	P	P	P	P
Residential care homes for 8 or more persons (see Section 13.10.700- R definition)	5	5	5	5	5
Second unit, subject to Section 13.10.681	BP3	BP3	BP3	BP3	BP3
Visitor Accommodations, such as
Bed and breakfast inns (subject to Section 13.10.691)	4	4	4	—	4
Visitor accommodations, small-scale, in Special Communities in the Coastal Zone (subject to Chapter 13.20 and VA District Regulations Section 13.10.330, et seq.)	—	—	5	—	5
Visitor accommodations small scale, in the Coastal Zone, upon conversion of existing structure (subject to Chapter 13.20 and VA District Regulations Section 13.10.300, et seq.)	5	5	—	—	—
Wineries, under 1,000 gallons annual production as a home occupation, subject to the provisions of Section 13.10.613	P	P	P	P	P
Wineries, subject to the provisions of Section 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 Sections 13.10.660 through 13.10.668 inclusive	5	5	5	5	5

(Ord. 653, 10/17/60; 839, 11/28/62; 931, 6/3/63; 1092, 6/8/65; 1156, 2/15/66; 1217, 12/6/66; 1418, 3/25/69; 1578, 2/23/71; 1608, 6/8/71; 1682, 2/15/72; 1891, 6/19/73; 2051, 9/3/74; 2259, 5/11/76; 2769, 9/11/79; 2822, 12/4/79; 2868, 3/4/80; 3015, 12/2/80; 3051, 3/10/81; 3115, 6/9/81; 3173, 11/17/81; 3182, 12/15/82; 3186, 1/12/82; 3344, 11/23/82; 3432, 8/23/83; 3593, 11/6/84; 3632, 3/26/85; 3756, 4/22/86; 3843, 3895, 3/15/88; 3925, 6/28/88; 4094, 12/11/90; 4346, 12/13/94; 4457-A, 11/4/97; 4460, 6/3/97; 4495, 3/24/98; 4496-C, 8/4/98; Ord. 4577 §§ 2, 3, 12/14/99; Ord. 4646 § 2, 12/11/01; Ord. 4715 § 2, 4/29/03; Ord. 4727 § 4, 6/24/03; Ord. 4737 § 1 (part), 9/26/03; Ord. 4744 § 2, 11/18/03; Ord. 4751 § 5, 11/25/03; Ord. 4770 § 2, 8/10/04; Ord. 4808 § 8, 11/8/05; Ord. 4836 §§ 48—66, 10/3/06; Ord. 5018 § 7, 8/26/08)

13.10.323 Development standards for residential districts. Amended Ord. 5087 Ord. 5095

(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) outside the USL and Rural Services Line or shall be 1 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), and the Minimum Parcel Size Standards in Section 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. Definition of “developable land and net developable area” are to be found in Section 13.10.700. District designations shall be consistent with the adopted General Plan, Local Coastal Program Land Use Plan, and the Geologic Hazards Ordinance (Chapter 16.10), and the Minimum Parcel Size Standards in Section 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 above in subsections 1—3, 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 multi-family charts show net 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
ZONE DISTRICT AND MINIMUM NET SITE AREA PER DWELLING UNIT	PARCEL SPECIFIC CONDITION	FRONT	SIDE	REAR	MAXIMUM PARCEL COVERAGE***	MAXIMUM HEIGHT (FEET)	FLOOR AREA RATIO****	MAXIMUM NUMBER STORIES**	MINIMUM SITE WIDTH (FEET)	MINIMUM SITE FRONTAGE
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	*