Chapter 24.08 LAND USE PERMITS AND FINDINGS

The purpose of a use permit is to allow the proper integration into the city of essential or desirable uses which may be suitable only in certain locations or zoning districts, or only provided that such uses are designed or arranged on the site in a particular manner. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 10, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.020 GENERAL PROVISIONS.

All uses set forth in this title are subject to use permit approval, and all matters directly related thereto are hereby declared to be of such unique and special character as to make it impractical to include them as principal permitted uses or as accessory uses in any district, without special review. Said special review shall be for the purpose of determining that each such proposed use is, and will continue to be, compatible with surrounding existing or planned uses; and for the further purpose of establishing such special conditions as may be necessary to ensure the harmonious integration and compatibility of such uses in the neighborhood and with surrounding areas.

(Ord. 85-05 § 1 (part), 1985).

24.08.025 USE PERMIT MODIFICATIONS.

An application for modification to a use permit for property or portion thereof upon which a use permit has been previously issued shall be treated as an application for a new use permit and, in the coastal zone, for a new coastal permit or coastal exclusion with the exception of minor amendments conforming with Section 24.04.160(4)(a) and (b) that are consistent with current General Plan policies and zoning regulations, which can be processed as a minor modification pursuant to the procedures set forth in Section 24.04.160(4)(a) and (b). Consistency with Section 24.04.160(4)(a) and (b) does not preclude a referral of a minor modification to the planning commission for action. A new use permit supersedes or revokes only those use permits authorizing use of the same space authorized by the existing permit. It will not affect other uses or use permits on the same site.

(Ord. 2020-22 § 4, 2020; Ord. 94-42 § 2, 1994: Ord. 94-34 § 6, 1994).

24.08.027 MASTER USE PERMITS.

Property owners may pursue master use permits for all uses in a multiuse building. These permits must outline the building square footage and indicate a mix of uses that are consistent with the allowable district uses and with the project’s parking. A master use permit must be approved by the procedures for a special use permit listed in Section 24.08.040. Once a master permit is issued for a project the zoning administrator may issue occupancy permits for potential tenants as long as they are consistent with the mix of uses approved in the master permits. If tenants are not consistent with the master permit, a minor or major modification of the master permit may be required at the discretion of the zoning administrator.

(Ord. 94-34 § 7, 1994).

24.08.030 PROCEDURE – ADMINISTRATIVE USE PERMIT.

1. The zoning administrator is hereby authorized to issue use permits for all uses designated in the district regulations of this title as being subject to the issuance of an administrative use permit.

2. A public hearing shall be held, except in the following cases:

a. Where the proposed use is temporary, as defined herein;

b. Where the proposed use pertains to a large family daycare home as defined in Section 24.22.355;

c. Where the proposed use permit is for a variation to design standards for parking or for a reduction to the required number of parking spaces; or

d. Where the proposed use is for the construction of a half bathroom in an accessory building, subject to the requirements in Section 24.12.140.

(Ord. 2020-22 § 5, 2020; Ord. 2016-11 § 3, 2016: Ord. 85-05 § 1 (part), 1985).

24.08.040 PROCEDURE – SPECIAL USE PERMIT.

1. The zoning board is hereby authorized to issue use permits for all uses designated in the district regulations of this title as being subject to the issuance of a special use permit and use permits for all uses designated as being subject to the issuance of an administrative use permit when an application for an administrative use permit has been referred to the zoning board by the zoning administrator.

2. A public hearing shall be held by the zoning board.

(Ord. 85-05 § 1 (part), 1985).

24.08.050 FINDINGS REQUIRED.

In approving an administrative or special use permit, it shall be determined by the hearing body that:

1. The proposed structure or use conforms to the requirements and the intent of this title, and of the General Plan, relevant area plans, and the Coastal Land Use Plan, where appropriate;

2. That any additional conditions stipulated as necessary in the public interest have been imposed;

3. That such use or structure will not constitute a nuisance or be detrimental to the public welfare of the community; and

4. That all thrift store uses shall include a management plan that identifies collection facilities for donated items, operating hours for donation facilities which discourage unsupervised dropoffs, adequate storage areas for sorting the materials, and provides a plan to properly dispose of unusable items in a timely, secure, and orderly fashion and maintains premises in a clean and attractive condition.

(Ord. 97-17 § 7, 1997: Ord. 85-05 § 1 (part), 1985).

Part 2: VARIANCES

24.08.100 PURPOSE.

The purpose of this part is to allow variation from the strict application of the terms of this title where, by reason of the exceptional narrowness, shallowness, or unusual shape of a specific piece of property, or by reason of exceptional size, shape, topographic conditions, or other extraordinary situation or condition of such piece of property, or because of the use or development of lands immediately adjoining such property, the literal enforcement of the requirements of this title would involve practical difficulties or would cause undue hardship, which are unnecessary to carry out the intent and purpose of this title. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 11, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.110 GENERAL PROVISIONS.

In no case shall a variance be granted to permit a use or a density other than a use or density permitted in the district in which the property in question is situated. Nonconforming uses of neighboring lands, structures, or buildings in the same district or other districts shall not be considered grounds for issuance of a variance.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.120 PROCEDURE.

A public hearing shall be held by the zoning administrator unless variance is accompanied by application which must be heard by a higher body in which case the higher hearing body (zoning board or city council) shall conduct a public hearing.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.130 FINDINGS REQUIRED.

A variance shall be granted only when all of the following conditions are found:

1. That a hardship peculiar to the property, not created by any act of the owner, exists. In this context, personal, family or financial difficulties, loss of prospective profits, and neighboring violations, are not hardships justifying a variance.

2. That such variance is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same district and in the same vicinity; and that a variance, if granted, would not constitute a special privilege of the recipient not enjoyed by his neighbors.

3. That the authorizing of such variance will not be of substantial detriment to adjacent property, and will not materially impair the purpose and intent of this title or the public interest, nor adversely affect the General Plan.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.140 RECURRENT CONDITIONS.

No grant of a variance shall be authorized if the zoning administrator finds that the condition or situation of the specific piece of property, or the intended use of said property for which the variance is sought, or one or the other in combination, is so general or recurrent in nature as to make reasonably practicable the formulation of a general regulation for such condition or situation.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.150 PRECEDENTS.

A previous variance shall not be considered to have set a precedent for the granting of further variances; each case must be considered only on its individual merits.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

Part 3: COASTAL PERMIT

24.08.200 PURPOSE.

The purpose of the coastal permit is to ensure that development projects in the Coastal Zone Overlay District are consistent with the Local Coastal Land Use Plan and the Local Coastal Implementation Program. This part of the zoning title is also part of the Local Coastal Implementation Plan.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 12, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.210 GENERAL PROVISIONS.

The Coastal Zone Overlay District is a district which combines with the underlying zone. The city’s coastal regulations shall prevail where they conflict with regulations governing the underlying district. Any permitted, administrative or special uses in the underlying zoning district within the Coastal Zone Overlay District are subject to coastal permit regulations and findings, and may be authorized only by approval of a coastal permit, except as provided in Section 24.08.230, Exemptions.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.220 PERMIT PROCEDURES.

An application for a coastal permit shall be reviewed in conjunction with whatever other permits are required for the project in the underlying zone. Uses requiring only a coastal permit shall be acted upon by the zoning administrator. Where a coastal permit is combined with another permit, the approving body for the coastal permit shall be the same as that for the permit required for the underlying zoning district. A public hearing shall be held in all cases, except for accessory dwelling units.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 2003-17 § 11, 2003: Ord. 2003-16 § 11, 2003: Ord. 85-05 § 1 (part), 1985).

24.08.230 EXEMPTIONS.

Minor projects, lacking coastal significance, are exempted from the requirements of coastal development permit processing in accordance with the California Coastal Act of 1976 and the California Code of Regulations. Other projects are not subject to local coastal development permit jurisdiction.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 95-02 § 2, 1995: Ord. 85-05 § 1 (part), 1985).

24.08.230.1 EXEMPTIONS – PROJECTS.

Upon Commission notification the city shall update this section to remain consistent with legislative amendments to the Coastal Act and the California Code of Regulations, Title 14, California Coastal Commission. No local coastal permit is required for the following activities:

1. Projects described in Repair, Maintenance and Utility Hook-Up Exclusions from Permit Requirements adopted by the California Coastal Commission on September 5, 1978, which is herein incorporated as Appendix II of the excerpted Local Coastal Program document.

2. Projects undertaken by federal agencies.

3. Projects with Coastal Permit. Development authorized by a coastal permit (still valid) issued by the Coastal Commission or in areas where the Coastal Commission retains original permit jurisdiction.

4. Replacement After Natural Disaster. The replacement of any structure, other than a public works facility, destroyed by a natural disaster is exempt; provided, that the replacement structure:

a. Will be for the same use as the destroyed structure; and

b. Will not exceed the floor area, height, or bulk of the destroyed structure by more than ten percent; and

c. Will be sited in the same location on the affected property as the destroyed structure.

5. Improvements to Existing Single-Family Residences, Including Mobilehomes.

a. Exempt improvements to single-family residences include the following:

(1) Additions and other improvements in the CZ-O Coastal Zone Overlay District but outside the SP-O Shoreline Protection Overlay District to an existing single-family residence, including improvements to any fixtures or other structures directly attached to the residence or to structures on the property normally associated with a single-family residence, such as garages, swimming pools, fences, storage sheds, decks, gazebos, patios, greenhouses, driveway paving, and other similar non-habitable improvements;

(2) On property located within the SP-O Shoreline Protection Overlay District, improvements that would not result in an increase in height of ten percent or more or an increase of ten percent or more of internal floor area of an existing structure, or an additional improvement of ten percent or less where an improvement to the structure had previously been undertaken pursuant to this section, and not including any non-attached structure such as garages, fences, shoreline protective works or docks;

(3) Landscaping on the lot.

b. This exemption for improvements to single-family residences, including mobilehomes, does not include the following:

(1) Additions to single-family residences where the development permit issued for the original structure by the city or Coastal Commission indicated that any future additions would require a coastal permit;

(2) Where the structure is located on a beach, wetland, or seaward of the mean high-tide line; where the residence or proposed improvement would encroach within fifty feet of the edge of a coastal bluff;

(3) Where the improvement would involve any significant alteration of land forms on a beach, wetland, or sand dune, or is within one hundred feet of a coastal bluff or within any natural resource or natural hazard area as indicated in the Local Coastal Program;

(4) In areas having a critically short water supply as declared by resolution of the Coastal Commission, construction of major water-using development not essential to residential use such as swimming pools or extension of landscape irrigation systems;

(5) Expansion or construction of water wells or septic systems.

6. Improvements to Existing Duplexes and Multifamily Residences.

a. Exempt improvements to duplexes and multifamily residences include the following:

(1) Additions and other improvements in the CZ-O Coastal Zone Overlay District but outside the SP-O Shoreline Protection Overlay District to an existing duplex or multifamily residence, including improvements to any fixtures or other structures directly attached to the residence or to structures on the property normally associated with a duplex or multifamily residence, such as garages, swimming pools, fences, storage sheds, decks, gazebos, patios, greenhouses, driveway paving, and other similar non-habitable improvements;

(3) Landscaping on the lot.

b. This exemption for improvements to duplexes and multifamily residences, including mobilehomes, does not include the following:

(1) Additions to duplexes or multifamily residences where the development permit issued for the original structure by the city or Coastal Commission indicated that any future additions would require a coastal permit;

(2) Where the structure is located on a beach, wetland, stream or lake; seaward of the mean high-tide line; where the structure or proposed improvement would encroach within fifty feet of the edge of a coastal bluff;

(4) Improvement which would change the type or intensity of use of the structure;

(5) In areas having a critically short water supply as declared by resolution of the Coastal Commission, construction of major water-using development not essential to residential use such as swimming pools or extension of landscape irrigation systems;

(6) Expansion or construction of water wells or septic systems.

7. Interior Remodeling. Interior remodeling, residential and non-residential, is exempt except where the use is being converted into a more intensive use or results in a loss of visitor-serving or public-access facilities.

8. Any activity that involves the conversion of any existing multiple-unit residential structure to a time-share project, estate or use, as defined in Section 11003.5 of the Business and Professions Code, is exempt except that the division of a multiple-unit residential structure into condominiums shall not be considered a time-share project, estate, or use.

9. Maintenance Dredging. Maintenance dredging of existing navigation channels or moving dredge material from such channels to a disposal area outside the Coastal Zone, pursuant to a permit from the United States Army Corps of Engineers.

10. Repair and Maintenance Activity. Repair or maintenance activities that do not result in an addition to, or enlargement or expansion of, the object of those repair or maintenance activities; however, the following extraordinary methods of repair and maintenance shall require a coastal development permit because they involve a risk of substantial adverse environmental impact:

a. Any method of repair or maintenance of a seawall revetment, bluff retaining wall, breakwater, groin, culvert, outfall, or similar shoreline work that involves:

(1) Repair or maintenance involving substantial alteration of the foundation of the protective work including pilings and other surface or subsurface structures;

(2) The placement, whether temporary or permanent, of rip-rap, artificial berms of sand or other beach materials, or any other forms of solid materials, on a beach or in coastal waters, streams, wetlands, estuaries and lakes or on a shoreline protective work, except for agricultural dikes within enclosed bays or estuaries;

(3) The replacement of twenty percent or more of the materials of an existing structure with materials of a different kind; or

(4) The presence, whether temporary or permanent, of mechanized construction equipment or construction materials on any sand area or bluff or within twenty feet of coastal waters or streams.

b. Any method of routine maintenance dredging that involves:

(1) The dredging of one hundred thousand cubic yards or more within a twelve-month period;

(2) The placement of dredged spoils of any quantity within an environmentally sensitive habitat area, or any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams; or

(3) The removal, sale, or disposal of dredged spoils of any quantity that would be suitable for beach nourishment in an area the Commission has declared by resolution to have a critically short sand supply that must be maintained for protection of structures, coastal access or public recreational use.

c. Any repair or maintenance to facilities or structures or work located in an environmentally sensitive habitat area, any sand area, within fifty feet of the edge of a coastal bluff or environmentally sensitive habitat area, or within twenty feet of coastal waters or streams that include:

(1) The placement or removal, whether temporary or permanent, of rip-rap, rocks, sand or other beach materials or any other forms of solid materials;

(2) The presence, whether temporary or permanent, of mechanized equipment or construction materials.

11. Land Division. Land division brought about in connection with the acquisition of such land by a public agency for recreational purposes.

12. Non-Major Vegetation Removal.

a. Trees, fourteen inches and less in diameter, and shrub removal and trimming not subject to the heritage tree provisions (Chapter 9.56 of the Municipal Code) and not located in a Vegetation Community (Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or in an erosion hazard area, are exempted except when located seaward of the first public road paralleling the sea.

b. Weed abatement not located in a Vegetation Community (Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or in an erosion hazard area is exempted except when located seaward of the first public road paralleling the sea.

13. Portions of Projects. Portions of projects on portions of parcels outside the CZ-O are exempt.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 95-02 § 3, 1995: Ord. 94-53 § 1, 1994: Ord. 94-33 § 13, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.230.2 EXCLUSIONS.

Projects which will not result in a potential for any significant adverse effect, either individually or cumulatively, on coastal resources or on public access to, or along, the coast are excluded from the requirements of coastal development permit processing as authorized by and in accordance with the procedures certified by the Coastal Commission.

The Coastal Commission original jurisdiction and areas of deferred certification are not subject to local government coastal permit jurisdiction and, hence, are not excludable. In addition to this limitation and pursuant to Coastal Act Section 30610.5(b), tide and submerged land, beaches, and lots immediately adjacent to the inland extent of any beach, or of the mean high tide line of the sea where there is no beach, and all lands and waters subject to the public trust, shall not be excluded from coastal permit requirements.

Excluded projects as delineated below do not need to obtain a coastal permit; provided, that a notice of exclusion is issued pursuant to Section 24.08.230.3. Requirements for any other city permit are unaffected by this section. Challenges to determination of exclusion may be made pursuant to Section 24.08.230.4.

A. Within Coastal Exclusion Zone A as identified on the Local Coastal Exclusion Map no coastal development permits shall be required for all categories of development, except that projects undertaken by public agencies must meet the terms of subsection (B)(2) of this section, on commercial, industrial, public and quasi-public development, to be excludable.

B. Coastal Exclusion Zone B is the Santa Cruz City Coastal Zone but not (a) including the Coastal Appeal Zone/Shoreline Protection District or projects otherwise appealable to the Coastal Commission pursuant to Section 24.04.186, or (b) within any natural resource, natural hazard area, or cultural resource area identified in the Local Coastal Program. The following categories of development are excluded from coastal development permits:

1. Residential Development – One to Four Units, Including Construction of Guest Houses or Habitable Accessory Structures. The construction, reconstruction, demolition, relocation, or alteration of the size of any residential project (one to four units) on existing lots at densities specified in the Land Use Plan, on lots of record or lot combinations legal as of the date of Local Coastal Program certification.

2. Commercial, Industrial, Public and Quasi-Public Development.

a. Except as indicated in subsection (B)(2)(b) of this section, the exclusion for commercial, industrial, public and quasi-public development includes the following:

(1) The construction, reconstruction, demolition, relocation or alteration in size of any commercial structure less than five thousand square feet in size on legal lots of record zoned for commercial use; this exclusion also applies to additions to existing structures where the resulting size is five thousand square feet or less;

(2) Change of commercial, industrial, public or quasi-public use in an existing structure;

(3) Outdoor sales.

b. This exclusion for commercial, industrial, public or quasi-public development does not include:

(1) Any improvement made pursuant to a conversion of an existing structure occupied by visitor-serving hotels, motels or other accommodations.

3. Agricultural-Related Development. Agricultural-related development, as listed below, on all lands designated E-A-20 on the City Zoning Map, except on parcels less than ten acres in size:

a. The construction, improvement or expansion of barns, storage buildings, equipment buildings and other buildings necessary for agricultural support purposes; provided, that such buildings will not exceed forty feet in height; will not cover more than ten thousand square feet of ground area, including paving; and will not include agricultural processing plants, greenhouses or mushroom farms;

b. Improvement and expansion of existing agriculturally related processing plants, mushroom farms or greenhouses; provided, that such improvements will not exceed forty feet in height, and will not increase ground coverage by more than twenty-five percent or ten thousand square feet, whichever is less. This type of development may be excluded only one time per record parcel of land. If improvement or expansion is proposed after such development pursuant to this exclusion has been carried out, then a coastal permit must be obtained for the subsequent development;

c. Paving in association with development listed in subsections (3)(a) and (b) of this section, provided it will not exceed ten percent of the ground area covered by the development;

d. Fences for farm or ranch purposes, except any fences which would block existing equestrian and/or pedestrian trails;

e. Water wells, well covers, pump houses, water storage tanks of less than ten thousand gallons’ capacity and water distribution lines, including up to fifty cubic yards of associated grading;

f. Water pollution control facilities for agricultural purposes if constructed to comply with waste discharge requirements or other order of the Regional Water Quality Control Board.

4. Major Vegetation.

a. Tree Removal. Tree removal and trimming subject to the heritage tree provisions (Chapter 9.56 of the Municipal Code) except when located in a Vegetation Community (Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or erosion hazards.

b. Land Clearing. Land clearing except when located in a Vegetation Community (LUP Map EQ-8) or otherwise identified by the Local Coastal Program, including area and specific plans as within an area of potentially significant natural resources or erosion hazards.

5. Boundary Adjustments. Boundary adjustments not resulting in an increase in the number of building sites, buildable lots, or density of permitted development.

6. Grading and Filling.

a. Grading and filling in conjunction with an approved project; or

b. Grading and filling not subject to conservation regulations.

7. Temporary Structures. All temporary (six months or less; nonrenewable) structures and uses consistent with the conservation and cultural resource regulations and do not conflict with public access and access policies.

8. Other Excluded Development.

a. Signs. All signs are excluded except those signs governing shoreline access;

b. Bikeways. Construction of new bikeways (within existing rights-of-way), except if new construction reduces parking in the Beach Recreation or Seabright Beach Areas;

c. Exclusion of Temporary Events. Special events shall be evaluated for exclusion status by the city pursuant to Coastal Commission Guidelines for Exclusion of Temporary Events from Coastal Commission Permit Requirements (adopted May 12, 1994) in consultation with the Executive Director. The Executive Director shall retain exclusion review authority if it is determined that there are significant adverse impacts on coastal resources.

C. Coastal Exclusion Zone C is the Santa Cruz City Coastal Appeal Zone. The following categories of development are excluded from coastal development permits:

1. Signs. All signs are excluded except freestanding signs over eight feet in height and those signs governing shoreline access.

2. Bikeways. Construction of new bikeways (within existing rights-of-way), except if new construction reduces parking in the Beach Recreation or Seabright Beach Areas.

3. Exclusion of Temporary Events. Special events shall be evaluated for exclusion status by the city pursuant to Coastal Commission Guidelines for Exclusion of Temporary Events from Coastal Commission Permit Requirements (adopted May 12, 1994) in consultation with the Executive Director. The Executive Director shall retain exclusion review authority if it is determined that there are significant adverse impacts on coastal resources.

4. Temporary Structures Pursuant to Subsection (B)(7) of this Section.

D. Determination of Excludability. This exclusion shall apply to the permit requirements of the Coastal Act of 1976, pursuant to Public Resources Code Sections 30610(e) and 30610.5(b), and shall not be construed to exempt any person from the permit requirements of any other federal, state or local government agency.

The determination of whether a development is categorically excluded for purposes of notice, hearing and appeals shall be made by the zoning administrator at the time the application for development within the Coastal Zone is submitted. This determination shall be made with reference to the certified Local Coastal Program, including any maps, categorical exclusions, land use designations and zoning ordinances which are adopted as part of the Local Coastal Program. Only developments which fully comply with the policies and ordinances of the certified Local Coastal Program may be excluded under this categorical exclusion. Where an applicant, interested person, or the zoning administrator has a question as to the appropriate designation for the development, the following procedures shall establish whether a development is categorically excluded:

a. The zoning administrator shall make a determination as to what type of development is being proposed (i.e., categorically excluded) and shall inform the applicant of the notice and hearing requirements for that particular development.

b. If the determination of the zoning administrator is challenged or if he/she wishes to have the Coastal Commission determine the appropriate designation, he/she shall notify the Commission by telephone of the dispute/question and shall request an Executive Director’s opinion.

c. The Executive Director of the Coastal Commission shall, within two working days of the zoning administrator’s request (or upon completion of a site inspection where such inspection is warranted), transmit determination as to whether the development is categorically excluded.

d. Where, after investigation, the Executive Director’s determination is not in accordance with the zoning administrator’s determination, the Coastal Commission shall hold a hearing for purposes of determining the appropriate designation for the area. The Coastal Commission shall schedule the hearing on the determination for the next practicable Commission meeting in the appropriate geographic region of the state following the zoning administrator’s request.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 95-02 § 4, 1995: Ord. 94-53 § 2, 1994: Ord. 94-33 § 14, 1994: Ord. 89-39 § 1, 1989: Ord. 85-05 § 1 (part), 1985).

24.08.230.3 NOTICE OF EXCLUSION.

Notices of exclusion shall be issued on forms prepared for that purpose by the department of planning and community development and shall indicate the developer’s name, street address, if any, and assessor’s parcel number(s) of the project site, a brief description of the development, and the date(s) of application for any other permit(s). A copy of the notice of exclusion shall be provided to the Coastal Commission and to any person who has requested such notice within five working days of issuance. The notice of exclusion may be issued at the time of project application but shall not become effective until all other approvals and permits required for the project are obtained. A copy of all terms and conditions imposed by the city shall be provided to the Coastal Commission.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-53 § 3, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.230.4 CHALLENGES TO DETERMINATION OF COASTAL PERMIT REQUIREMENT, EXCLUSION OR APPLICABLE PROCESS.

In the case of disputes over the city of Santa Cruz’s determination of coastal permit requirement, exclusion or applicable hearing and appeals procedures, the planning director shall request an opinion of the Executive Director of the Coastal Commission. Local acceptance for filing and/or processing of the permit application shall cease until the department of planning and community development receives the determination of appropriate process from the Executive Director of the Coastal Commission or the Coastal Commission.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-53 § 4, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.230.5 EXCEPTION.

Nothing in this part shall prevent demolition or the strengthening or restoring to a safe condition of any building or structure declared unsafe by the building official or fire marshal.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.240 COASTAL ACCESS.

Access easements may be required to create and/or maintain existing public access to the coastline or in accordance with Local Coastal Plan policy.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.250 FINDINGS REQUIRED.

The hearing body must find that the development is consistent with the General Plan, the Local Coastal Land Use Plan and the Local Coastal Implementation Program and will:

1. Maintain views between the sea and the first public roadway parallel to the sea;

2. Protect vegetation, natural habitats and natural resources consistent with the Local Coastal Land Use Plan;

3. Be consistent with any applicable design plans and/or area plans incorporated into the Local Coastal Land Use Plan;

4. Maintain public access to the coast along any coastline as set forth in the Local Coastal Land Use Plan;

5. Be consistent with the Local Coastal Land Use Plan goal of providing visitor-serving needs as appropriate;

6. Be consistent with the Local Coastal Land Use Plan goal of encouraging coastal development uses as appropriate.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.260 NOTICE OF FINAL ACTION.

Within seven calendar days of the final local action on a coastal permit, the city shall provide notice of its action by first class mail to the Coastal Commission and to any persons who specifically requested notice of such final action by submitting a self-addressed, stamped envelope to the department of planning and community development. Such notice shall include conditions of approval and written findings and the procedures for appeal of the local decision to the Coastal Commission. Appealable coastal permits shall not be deemed complete and a final action taken until all local rights of appeal have been exhausted.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 15, 1994: Ord. 85-05 § 1 (part), 1985).

Part 4: RESERVED*

* Editor’s Note: Former Chapter 24.08, Part 4, Residential Allocation Permit, previously codified herein and containing portions of Ordinance No. 85-40 was repealed in its entirety by Ordinance No. 93-51 § 5.

Part 5: DESIGN PERMIT

24.08.400 PURPOSE.

The purpose of the design permit is to promote the public health, safety and general welfare through the review of architectural and site development proposals and through application of recognized principles of design, planning and aesthetics and qualities typifying the Santa Cruz community. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2012-06 § 2 (part), 2012: Ord. 2002-17 § 1 (part), 2002: Ord. 94-33 § 16, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.410 GENERAL PROVISIONS.

A design permit shall be required for the following types of projects:

1. Multiple dwellings and dwelling groups containing three or more dwelling units;

2. New structures intended for commercial use;

3. New structures intended for industrial use;

4. Commercial or industrial uses of land not involving a building;

5. Accessory structures and uses except those accessory uses or structures customarily associated with and accessory to a single-family dwelling unless a design permit is otherwise required in this title;

6. Any structure on, or use of, a substandard residential lot, except for structures which provide access to the first floor for the physically challenged and accessory structures that are less than one hundred twenty square feet and less than fifteen feet in building height. Such accessory structures shall be included in the calculation of maximum lot coverage pursuant to Section 24.08.440;

7. Any exterior remodeling and/or site alteration of either fifty thousand dollars or twenty-five percent additional floor area to any existing commercial or industrial building or structure, except within the Central Business District (CBD) zone and for properties within the Mission Street Urban Design Plan area, within which a design permit shall be required for any exterior alteration or remodeling for which the construction costs of such work exceed ten thousand dollars; the design of such exterior improvements shall be consistent with the applicable design requirements contained in the Downtown Plan or Mission Street Urban Design Plan;

8. Any project where the applicant is a public agency over which the city may exercise land use controls;

9. Public projects in the Coastal Zone, including but not limited to buildings, roads, bridges, wharf structures, shoreline riprap, and port district projects;

10. Any project which requires a design permit as a result of a specific city action or as a result of a condition of a prior project approval;

11. Parking lots with capacity for five or more spaces;

12. Any project which requires a planned development permit;

13. Single-family homes over four thousand square feet in R-1-10, three thousand five hundred square feet in R-1-7, and three thousand square feet in R-1-5 zoning districts;

14. Any structures in the West Cliff Drive Overlay District.

Electric vehicle charging stations are exempt from the requirement for a design permit.

(Ord. 2020-22 § 6, 2020; Ord. 2020-16 § 1, 2020: Ord. 2016-11 § 4, 2016: Ord. 2016-04 § 2, 2016: Ord. 2012-06 § 2 (part), 2012: Ord. 2004-27 § 2, 2004: Ord. 2004-02 § 1, 2004: Ord. 2002-17 § 1 (part), 2002: Ord. 2001-01 § 1, 2001: Ord. 2000-27 § 2, 2000: Ord. 2000-20 § 2, 2000: Ord. 95-30 § 2, 1995: Ord. 94-34 § 8, 1994: Ord. 94-33 § 17, 1994: Ord. 92-18 § 1, 1992; Ord. 88-20 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.08.420 PROCEDURE.

Applications for design permits shall be acted upon by the zoning administrator unless the design permit is accompanied by an application which must be heard by a higher body (planning commission or city council) or pertains to:

1. New two-story structures and/or second-story additions on substandard residential lots;

2. Large homes per Section 24.08.450;

3. Wireless telecommunications facilities per Part 15 of Chapter 24.12; or

4. New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit.

Permits of the types listed above shall be acted upon by the zoning administrator at a public hearing.

(Ord. 2016-11 § 5, 2016: Ord. 2012-06 § 2 (part), 2012: Ord. 94-34 § 9, 1994: Ord. 89-19 § 2, 1989: Ord. 85-05 § 1 (part), 1985).

24.08.430 FINDINGS REQUIRED – GENERAL.

All applications for design permits shall be reviewed in relation to established criteria for design review. Applications for design review shall be approved if proposed buildings, structures, streets, landscaping, parking, open space, natural areas and other components of the site plan conform with the following criteria, as applicable:

1. The site plan and building design are consistent with design and development policies of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

2. For nonresidential projects, the project’s location, size, height, operations, and other significant features and characteristics are compatible with and do not adversely affect or further degrade adjacent properties, the surrounding neighborhood, or the public health, safety, and welfare. For residential projects, the project complies with the objective standards and requirements of the zoning district in which it is located, as well as any objective standards of any area plan or other regulatory document that applies to the area in which the project is located.

3. For nonresidential projects, the project provides for an arrangement of uses, buildings, structures, open spaces, and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.

4. The exterior design and appearance of buildings and structures and the design of the site plan shall be compatible with design and appearance of other existing buildings and structures in neighborhoods which have established architectural character worthy of preservation.

5. Design of the site plan respects design principles in terms of maintaining a balance of scale, form and proportion, using design components which are harmonious, and materials and colors which blend with elements of the site plan and surrounding areas. Location of structures takes into account maintenance of public views; rooftop mechanical equipment is incorporated into roof design or screened from public rights-of-way to the extent possible. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters are accessible and screened.

6. Where a site plan abuts, or is in close proximity to, uses other than that proposed, the plan shall take into account its effect on other land uses. Where a nonresidential use abuts or is in close proximity to a residential use, the effect of the site plan should maintain the residential quality of adjacent or nearby areas.

7. To the extent feasible, the orientation and location of buildings, structures, open spaces and other features of the site plan maintain natural resources including significant trees and shrubs, minimize impacts to solar access of adjacent properties, and minimize alteration of natural land forms; building profiles, location, and orientation must relate to natural land forms.

8. The site plan ensures that the scale, bulk, and setbacks of new development preserves important public views along the ocean and of designated scenic coastal areas. Where appropriate and feasible, the project shall restore and enhance visual quality of visually degraded areas.

9. The site plan shall reasonably protect against external and internal noise, vibration and other factors which may tend to make the environment less desirable. The site plan should respect the need for privacy of adjacent residents.

10. Building and structures shall be designed and oriented to make use of natural elements such as solar radiation, wind, and landscaping for heating, cooling, ventilation, and lighting.

(Ord. 2020-22 § 7, 2020; Ord. 2016-04 § 3, 2016: Ord. 2012-06 § 2 (part), 2012: Ord. 2000-27 § 3, 2000: Ord. 85-05 § 1 (part), 1985).

24.08.440 STANDARDS FOR SUBSTANDARD RESIDENTIAL LOT DEVELOPMENT.

Whenever a project is proposed for a substandard residential lot, as defined in Section 24.22.520, applications for design review shall be approved if the findings set forth in Section 24.08.430 can be made and proposed buildings, structures, landscaping and other components of the site plan conform to the following additional criteria:

1. The maximum allowable lot coverage for structures shall be forty-five percent. Lot coverage shall include the footprints of the first floor, garage and other accessory buildings (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet. Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage. For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted toward lot coverage.

2. The floor area for second stories shall not exceed fifty percent of the first floor area, except in cases where the first floor constitutes thirty percent or less of the net lot area.

3. New structures shall be consistent with the scale of structures on adjacent lots and generally be compatible with existing surrounding structures.

4. New structures shall be sited in ways which avoid causing substantial change in the pattern of existing building projections along streets. Continuous long, parallel abutting walls on narrow side yards shall be avoided.

5. Spacing of buildings and overall siting of structures shall maximize the potential for solar access to each lot.

6. Landscaping shall be required at least for front yard areas and shall be used to screen parking from street.

7. Structures shall incorporate methods to lessen the impact of garages on a street facade.

(Ord. 2020-22 § 8, 2020; Ord. 2016-11 § 6, 2016: Ord. 85-05 § 1 (part), 1985).

24.08.450 GUIDELINES FOR LARGE HOMES IN SINGLE-FAMILY AREAS.

1. Purpose. The intent of the design permit findings for large-scale residential buildings is to protect existing neighborhood character and identity by development guidelines that promote a variable streetscape by requiring a variety of building massing and placements, and also by maintaining existing neighborhood patterns to limit obtrusive visual impacts on nearby properties.

2. Determination of Large Home. Single-family homes over four thousand square feet in R-1-10 zoning districts, three thousand five hundred square feet in R-1-7 zoning districts, and three thousand square feet in R-1-5 zoning districts are considered “large homes.” The square footage of the home shall be calculated based on the gross square footage of the main structure, including any attached and detached garages or other accessory structures, not including accessory dwelling units. For properties with detached garages in the rear one-half of the lot, a credit shall be given for the size of the garage up to four hundred twenty square feet, which shall not be counted toward the square footage of the home. Detached garage square footage over four hundred twenty square feet shall be included in the square footage of the home. The square footage of accessory dwelling units shall not be counted as part of the home.

3. Application Requirements. In addition to the standard requirements of the R-1 district, a survey of buildings within one hundred feet of the property on both sides of the street, which identifies front and side yard setbacks, building floor area, building heights, driveway widths, garage locations, and architectural style shall be submitted with the project application.

4. Design Criteria. There is no particular architectural “style” required for residential structures, but the focus should be on the development of a high quality residential environment. In general, the architecture should consider compatibility with surrounding character, including harmonious building style, form, size, color, material, and roofline. Individual dwelling units should be distinguishable from one another. Also projects should comply with design standards established in relevant specific area plans such as the Western Drive Master Plan, Seabright Area Plan and the Moore Creek Access and Management Plan and others that apply.

a. Facade and Roof Articulation. The articulation of facades and the massing of structures give them richness and scale. Long uninterrupted exterior walls shall be avoided on all structures. All structure walls shall have “relief” to create an interesting blend with landscaping, structures, and the casting of shadows. The integration of varied texture, relief, and design accents on building walls can enhance the architecture.

For sloped roofs, both vertical and horizontal articulation is encouraged. Roof lines should be representative of the design and scale of the units under them. Roof articulation may be achieved by changes in plane of no less than two feet six inches and/or the use of traditional roof forms such as gables, hips, and dormers. Flat roofs and A-frame type roofs are discouraged unless appropriate to the architectural style.

b. Varied Structure Design.

(1) Design of structures shall be varied in tract developments to create variety and interest. A significant difference in the massing and composition (not just finish materials) of each adjacent house should be accomplished. One design shall not be repeated more frequently than each fourth house.

(2) New development in existing neighborhoods should incorporate distinctive architectural characteristics of surrounding development, for example: window and door detailing, decoration, materials, roof style and pitch, building height, finished-floor height, porches, bay windows, and the like.

c. Scale.

(1) Form and scale should relate to the use of the structure as a single-family residence. Also, the scale of structures shall be at a human scale so as not to overwhelm or dominate their surroundings. New structures shall be consistent with the scale of structures on adjacent lots and generally be compatible with existing surrounding structures.

(2) New development should continue the functional site relationships of the surrounding neighborhoods. As an example, common patterns found in the surrounding neighborhoods should be repeated, such as single-story dwellings, entries facing the street, front porches and parking at the rear.

d. Setbacks.

(1) New projects shall provide variable front setbacks, with a minimum of five-foot differentiation provided between adjacent lots.

(2) New single-family development in existing neighborhoods shall be integrated with the housing units in the adjacent area. Site setbacks of infill residential projects shall be either:

(a) Equal to the average setback of all residences on both sides of public streets within one hundred feet of the property lines of the new project; or

(b) Equal to the average of the two immediately adjacent residences.

In cases where averaging between two adjacent existing residences is chosen, the new residence may be averaged in a stepping pattern between the setbacks of adjacent residences, or the new residence’s entire frontage may be built on the average setback line.

e. Garages.

(1) Unit design is encouraged to limit the visual impact of automobile parking by developing detached garages in the rear yard or significantly limiting the garage’s lineal frontage of a structure to forty percent of the structure’s overall width.

(2) Garages should have a single-story mass if developed at the front of a structure and provide an architectural transition if there is two-story massing.

f. Grading.

(1) Development should relate to the natural land forms and surroundings and minimize grading by following the natural contours as much as possible. Graded slopes should be rounded and contoured to blend with the existing terrain. Structures built on slopes or hills should be sensitively designed to minimize visual impact by stepping structures to match topography.

(2) Significant natural vegetation should be retained and incorporated into the project whenever possible. Landscaping shall be required for the front yard areas.

(Ord. 2020-22 § 9, 2020; Ord. 2016-11 § 7, 2016: Ord. 93-19 § 15, 1993).

Part 6: SIGN PERMIT

24.08.500 PURPOSE.

Regulations in this ordinance governing signs (not in public right-of-way) are established in order to:

1. Accommodate the community’s need to communicate political, civic, public service, religious and other noncommercial messages with a minimum of restraint;

2. Protect the aesthetic amenities on which the city’s economy and quality of life depend;

3. Promote traffic safety and minimize structural hazards posed by unsafe signs;

4. Achieve consistency between General Plan goals, and regulations dealing with the size, location and content of exterior signs.

(Ord. 85-05 § 1 (part), 1985).

24.08.510 BUILDING PERMIT.

A building permit shall be obtained for any structure designed or intended to support a sign and governed by the Uniform Building Code.

(Ord. 85-05 § 1 (part), 1985).

24.08.520 SIGN PERMIT.

A sign permit shall be obtained for any sign except the following:

1. One- or two-sided freestanding signs five feet in height or lower as measured from grade or any sign on a parcel having signs the aggregate area of which is thirty square feet or less;

2. One- or two-sided real estate signs of six square feet or less in area, placed on a property and advertising that property for sale, lease or rent;

3. Window signs/graphics placed within windows. When located within the CBD zone district, window signs shall meet the criteria provided under Section 24.12.352(6)(c);

4. Any sign required by law or placed to protect health and safety;

5. Public art;

6. One- or two-sided construction project signs conforming to other requirements of this part;

7. One- or two-sided projecting and hanging signs within the CBD zone district that meet the criteria provided under Section 24.12.352.

(Ord. 2016-11 § 8, 2016: Ord. 2016-04 § 4, 2016: Ord. 85-05 § 1 (part), 1985).

24.08.530 SIGN PERMIT REVIEW.

In reviewing applications for sign permits, the issuing person or body may not consider the sign’s message content. The following findings shall be made:

1. The sign plan shall be consistent with physical development policies of the General Plan, any required or optional element of the General Plan, any area plan or specific plan or other city policy for physical development. If located in the Coastal Zone, the sign plan shall also be consistent with policies of the Local Coastal Program.

2. Design of signs shall respect design principles in terms of maintaining a balance of scale, form and proportion. Location of signs shall take into account maintenance of public views.

3. The size and location of signs shall not obstruct visibility or the safe movement of pedestrians or vehicles and shall not encroach on paths of travel or other site features that were/are established for compliance with the Americans with Disabilities Act (ADA).

4. Signs shall avoid dominating the site and/or existing buildings on the site or overwhelming the buildings or structures to which they are attached. Multiple signs on a given site should be of a consistent theme.

(Ord. 2016-04 § 5, 2016: Ord. 85-05 § 1 (part), 1985).

24.08.540 Repealed by Ord. 2016-04 § 6.

24.08.550 INSPECTION.

The zoning administrator, building official or an authorized representative may at any time make such inspections as may be necessary or appropriate to ascertain whether any sign will comply or is complying with this part and city sign regulations (Part 4, Chapter 24.12) and other applicable laws. If required by the building official, an inspection shall be called for by the permittee upon completion of the structural portion of every sign, and before the structural connections to the building or structure are concealed or covered.

(Ord. 85-05 § 1 (part), 1985).

24.08.560 ABANDONED SIGNS.

Any sign on any building, parcel or portion of a parcel which has become vacant for six consecutive months and any sign unrelated to the present occupant or business, and any sign advertising a past event is presumed to have been abandoned. Abandoned signs must be promptly removed by the owner or occupant of the premises on which the sign is placed. Failure to remove an abandoned sign is an infraction.

(Ord. 85-05 § 1 (part), 1985).

24.08.570 UNSAFE AND UNLAWFUL SIGNS.

1. Any sign erected or maintained in violation of any provision of this part or any sign regulation (Part 4, Chapter 24.12) or of any other ordinance or law is a public nuisance. Upon receiving notice of noncompliance from the zoning administrator or building official, the sign shall be removed or brought into lawful compliance. Signs found by the building official to present a threat to public safety must be removed or made safe immediately. Other noncomplying signs must be brought into conformity within thirty days.

2. Any permit issued pursuant to this chapter may be revoked for failure to comply with any provision herein.

(Ord. 85-05 § 1 (part), 1985).

24.08.580 EXCEPTION PROCEDURE.

Where practical difficulties, unnecessary hardships, and results inconsistent with the general purpose of these provisions and regulations set forth herein and in Part 4, Chapter 24.12, may result, from the strict application of same, an exception may be granted pursuant to the following procedure.

1. Written application for such exception shall be filed with the planning department.

2. Such application shall include all information relevant to the circumstances existing which require such exception.

3. Such application shall be considered in light of the purposes to be attained by this part and shall be approved, conditionally approved, or denied by the zoning administrator.

(Ord. 85-05 § 1 (part), 1985).

Part 7: CONDITIONAL FENCE PERMIT

24.08.600 PURPOSE.

The purpose of this permit is to regulate the installation of fences exceeding normal height limits set forth in Section 24.08.610 herein. For the purposes of this title, the term “fence” shall include fences or structures in the nature of a fence.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

24.08.610 GENERAL PROVISIONS.

A conditional fence permit shall be required when the proposed fence is:

1. On that portion of any private property in the area between the street and the front or the exterior side yard setback line established by the Zoning Ordinance, the building code or other ordinances of the city and exceeds a height of three feet six inches from finished grade, except as provided in Section 24.12.160(a)(3).

2. On that portion of the property back of the setback lines described in subsection (1), and exceeds a height of six feet from finished grade, except as provided in Section 24.12.160(a)(3).

(Ord. 2006-02 § 2 (part), 2006: Ord. 95-33 § 1, 1995: Ord. 85-05 § 1 (part), 1985).

24.08.620 PROCEDURE.

The zoning administrator may approve a conditional fence permit without a hearing, unless the conditional fence permit is accompanied by an application which must be heard by a higher body (zoning board or city council), if it is consistent with the findings in Section 24.08.630 and the fence does not exceed a height of three feet six inches in the front or exterior side yard, or exceed a height of eight feet in the rear or interior side yards.

1. A conditional fence permit shall be required and a public hearing shall be held by the zoning administrator for any conditional fence permit that exceeds the height limits established in Section 24.08.620.

(Ord. 2006-02 § 2 (part), 2006: Ord. 94-34 § 10, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.630 FINDINGS REQUIRED.

A conditional fence permit shall be granted when the following findings can be made:

1. The issuance of such a permit is reasonably necessary, by reason of unusual or special circumstances or conditions relating to the property, for the preservation of valuable property rights or full use and enjoyment of the property;

2. The fence will not create a safety hazard for pedestrians or vehicular traffic;

3. The appearance of the fence is compatible with the design and appearance of existing buildings and structures within the neighborhood;

4. The fence or hedge is a planned architectural feature which avoids dominating the site or overwhelming the adjacent properties and structures;

5. The orientation and location of the fence or hedge is in proper relation to the physical characteristics of the site and the surrounding neighborhood and does not impede reasonable solar access of any adjacent property; and

6. The fence will be of sound construction and located so as not to create a safety hazard.

(Ord. 2006-02 § 2 (part), 2006: Ord. 85-05 § 1 (part), 1985).

Part 8: PLANNED DEVELOPMENT PERMIT

24.08.700 PURPOSE.

A. The purpose of the provisions contained herein is to:

1. Provide an administrative technique to foster development plans for eligible lands which serve public objectives more fully than development plans permitted under conventional zoning regulations;

2. Establish criteria for identifying those parcels of land in the city which are eligible for the special procedures available to applicants proposing creative development plans requiring special review and approval procedures.

B. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 18, 1994: Ord. 85-05 § 1 (part), 1985).

24.08.710 INTENT.

The intent of this part is to insure that:

1. Planned development permits will be issued only where the subject parcel is large enough to make innovative and creative site planning possible;

2. Applicants for planned development permits have the professional capability to produce a creative plan;

3. The public’s interest in achieving goals stated in the General Plan will be served more fully through the planned development process than through application of conventional zoning regulations;

4. The advantages to landowners afforded by the planned development process will be balanced by public benefits;

5. Natural or man-made features and resources of the site such as topography, trees, watercourses, and the like are preserved.

(Ord. 85-05 § 1 (part), 1985).

24.08.720 GENERAL PROVISIONS.

A planned development permit provides variation on district regulation, where appropriate, in the following areas:*

1. Building setbacks.

2. Street standards.

3. Lot coverage.

4. Parking and loading.

5. Landscaping.

6. Open space.

7. Lot area.

8. Uses.

9. Height, not to exceed one story or twenty percent of height (in feet) over and above regulations established in district regulations for the district in which the project is proposed.

All aspects of the proposed development which represent a departure from strict application of district regulations shall be explained in the application and reasons given why the proposed development plan affords greater public benefits than would be achieved through application of conventional zoning regulations.

* Inside the Coastal Zone, variations to slope regulation modifications, pursuant to procedures set forth in Chapter 24.08, Part 9 (Slope Regulations Modifications) are also available.

(Ord. 2022-08 § 3, 2022; Ord. 85-65 § 4, 1985; Ord. 85-47 § 1, 1985: Ord. 85-05 § 1 (part), 1985).

24.08.730 ELIGIBILITY CRITERIA.

An applicant for a planned development permit must demonstrate the following before the application may be heard.

1. Land Area. The land area subject to planned development permit shall comprise at least twenty thousand square feet, except as modified below:

a. For residential projects or mixed use projects where all units are affordable according to city standards, the minimum land area shall be the minimum lot area requirement of the district in which the project is located.

b. For applications involving conversions of cooperatives to condominiums, the minimum lot area shall be the minimum lot area requirement of the district in which the project is located.

2. Land Ownership. The applicant owns or controls the land subject to the planned development permit application.

3. Development Team. A development team of design professionals (architects, landscape architect, planner, civil engineer, soils engineer, solar energy expert, etc., as appropriate) with the expertise and experience to carry out the intent of this permit, has been engaged.

(Ord. 90-32 § 1, 1990; Ord. 88-61 § 1, 1988; Ord. 86-55 § 1, 1986; Ord. 85-47 § 1, 1985: Ord. 85-05 § 1 (part), 1985).

24.08.740 GENERAL REQUIREMENTS.

1. Staged Approval Option. Conceptual approval of a PD project may be made at any level of detail provided by applicant. While this approval constitutes approvals of a PD permit, approval of a design permit shall be required prior to issuance of a building permit. The purpose of a design permit is to establish the precise site and building plan.

2. Phased Development. All proposed phased development shall be accompanied by a schedule establishing approximate dates when each such phase shall be complete. Each phase of a phased development shall include its pro rata share of total planned common space, facilities, services and inclusionary units, as applicable.

3. Provision, Operation and Maintenance of Common Areas. Where common areas or facilities are proposed, an operation and maintenance program shall be prepared.

4. Development Agreements. Completion time and complexity of proposed planned developments may make desirable a development agreement between the project applicant and the city. The purpose of such an agreement is to provide assurance that an approved project may proceed in accordance with the policies, rules and regulations existing at the time of the agreement and subject to conditions of approval, even though city regulations may change subsequent to approval. Sections 65864 through 65869.5 of the California Government Code provide for such development agreements, and shall govern any such agreements approved under the provisions of this part.

5. Applicable District Regulations. Regulations and standards of the underlying zoning district shall apply except where departures from strict application of district regulations are authorized by the planned development permit. Where mixed uses are proposed, the preponderance of the floor area shall reflect the uses permitted in the district.

6. Legal Advertising. All aspects of a proposed project which represent a departure from district regulations shall be set forth in the legal advertising of such proposed project.

(Ord. 85-05 § 1 (part), 1985).

24.08.750 Repealed by Ord. 93-09 § 7.*

* Editor’s Note: Former Section 24.08.750, Housing projects-General provision, previously codified herein, was repealed in its entirety by Ord. 93-09 § 7, 2-23-93.

24.08.760 PROCEDURE.

Applications for planned development permits shall be made on forms prescribed by the zoning administrator. The zoning board shall hold a public hearing and make a recommendation to the city council where a public heating shall also be held, except in the case of community housing projects of four or fewer units in which case the zoning board shall take final action. The preferred application processing approach is for concurrent review and action on the PD and design permits. However, an applicant has the option of submitting conceptual plans for approval of the PD permit only. The purpose of this option is to allow conceptual approval and clarification of development issues on complex applications where an applicant requires such approval and clarification before embarking on detailed project plans.

Under this option, approval of the PD permit must be followed by an application for design permit(s), filed within a time period specified by the PD permit.

While the PD permit is intended to resolve issues pertaining to use, environmental review, General Plan policy and other policies, the design permit is intended to implement the PD permit and establish the precise site and building plan.

(Ord. 85-05 § 1 (part), 1985).

24.08.770 FINDINGS REQUIRED.

Before recommending or approving any planned development permit, the zoning board and the city council must find that the application:

1. Is consistent with the General Plan, the Local Coastal Land Use Plan, and adopted area plans.

2. Is consistent with the purpose of this chapter and other applicable sections of this title.

3. Includes planned variations to underlying district regulations which serve public purposes to an equivalent or higher degree than would underlying district regulations.

4. Can be coordinated with existing and proposed development of surrounding areas.

5. Overall, the amenity level of the development and the amount of open space shall be greater than what would have been permitted by the underlying district regulations.

(Ord. 85-05 § 1 (part), 1985).

24.08.780 MODIFICATIONS.

Application for modifications to an approved planned development permit shall be submitted to the zoning administrator and shall include all plans, maps, studies and reports that may reasonably be required to make the determinations called for in the particular modification request.

1. Types of Modifications.

a. Before Occupancy. Modifications to the project, prior to construction, shall be processed in accordance with subsection (4), Modifications, of Section 24.04.160 of this title.

b. After Occupancy. Modifications to the project after occupancy are classified as major or minor modifications and are processed in the following manner:

(1) Modifications – Residential Uses.

(a) A major modification to any residential use within a planned development consists of exterior structural alterations to more than one dwelling unit or to change the purpose of the common area; such a modification shall be referred to the zoning board. A public hearing shall be held.

(b) A minor modification to any residential use within a planned development consists of an exterior structural alteration to one dwelling unit; such a modification shall be decided by the zoning administrator.

(2) Modifications – Nonresidential Uses.

(a) A major modification to any nonresidential use within a planned development consists of any exterior structural alteration to more than one structure and/or alterations affecting more than fifteen percent of floor area or to the purpose of the common area; such modification shall be referred to the zoning board. A public hearing shall be held.

(b) A minor modification to any nonresidential use within a planned development consists of any exterior structural alteration to one structure and/or alterations affecting less than fifteen percent of floor area; such proposed modifications shall be decided by the zoning administrator.

2. Findings Necessary. Before recommending approval or approving a modification, the zoning administrator or the zoning board shall find that:

a. Proposed modifications maintain the original purpose and reasons for approval of the planned development and are consistent with the original conditions of approval.

b. All proposed modifications meet the regulations for the district in which the planned development is located, unless such modifications conform with previously approved planned variations.

c. Proposed modifications(s) maintain usable open space originally approved for the site.

(Ord. 85-05 § 1 (part), 1985).

24.08.790 APPLICATION OF PD PERMIT – P-D DISTRICT REZONINGS.

Upon effective date hereof, all developed lands zoned P-D shall be rezoned to a district, the regulations of which most closely reflect the developed land use; a PD permit shall be issued which retains all rights, terms, conditions, and limits of the former P-D District. The PD permit shall become effective at the same time amendments abolishing the P-D District become effective. Where a P-D District has been approved, but a precise development plan has not yet been approved for such district, a PD permit shall be issued conditioned by approval of said precise development plan and a design permit. These provisions shall terminate when the last affected property is rezoned and PD permit issued to affected property owner.

(Ord. 85-05 § 1 (part), 1985).

Part 9: SLOPE DEVELOPMENT PERMIT (APPLIES OUTSIDE THE COASTAL ZONE)

24.08.800 PURPOSE.

Development on slopes presents opportunities and challenges. Construction on unstable slopes can lead to erosion, steep terrain can present wildfire and evacuation hazards, and buildings constructed on hilltops often have exceptional views while having the potential to adversely impact public views. Such development is therefore regulated by the provisions of Section 24.14.030, Slope regulations (outside the Coastal Zone), to ensure that risks to public and private property and adverse impacts to public views are minimized. “Public views” include scenic views of the ocean, beaches, and the Santa Cruz Mountains from public property, including from parks and public rights-of-way. This section is also part of the local coastal implementation plan.

(Ord. 2022-08 § 3, 2022).

24.08.810 PROCEDURE.

Projects on or within twenty feet of a slope of thirty percent or greater must apply for a slope development permit unless the project is exempted from the need for such a permit under Section 24.14.030(1)(g). This permit may be granted by the zoning administrator under Section 24.14.030(1)(c) without a hearing if the project is on or within twenty feet of a slope greater than or equal to thirty percent and less than fifty percent and is consistent with the findings in Section 24.08.820, unless the slope development permit is accompanied by an application that must be heard by a higher body. Projects on or within twenty feet of a slope of fifty percent or greater must be considered at a public hearing by the zoning administrator and must also be consistent with the findings in Section 24.08.820 unless the project is exempted from such a permit per Section 24.14.030(1)(g).

In the case of construction of an accessory dwelling unit pursuant to Section 24.16.100 et seq., this section shall apply only when alternative site configurations are available to an applicant that would permit the construction of a detached accessory dwelling conforming to the development standards in Section 24.16.140 without the need for a slope development permit; when no alternative site configuration will allow the construction of a detached accessory dwelling unit in conformance with Section 24.16.140, the applicant shall comply with the maximum possible number of findings in Section 24.08.820, but shall not be denied a building permit for the accessory dwelling unit based on this section.

(Ord. 2022-08 § 3, 2022).

24.08.820 FINDINGS REQUIRED.

A slope development permit may be granted when all of the following applicable conditions are found or when, pursuant to the provisions of Section 24.08.810, an application for an accessory dwelling unit meets as many of the following conditions as possible:

1. Measures have been included within the design of the project to mitigate impacts on environmental constraint areas identified in the Natural Resources and Conservation Element and the Safety Element of the General Plan and the Local Coastal Program.

2. Landscaping of an appropriate type, size, and quality is proposed to mitigate any adverse environmental effect.

3. Usable open space is proposed in an amount equal to that normally required.

4. A registered civil engineer or other qualified professional will design streets, buildings, and other man-made structures to conform with existing landforms and topography.

5. Adequate fire safety measures as required by the city fire department have been incorporated into the design of the proposed development, when located in a designated fire hazard area.

6. The proposed project employs architectural and design elements which in total serve to reduce the mass and bulk of structures to protect public views. Such elements may include:

a. Multiple floor levels which follow natural slopes;

b. Multiple roof lines to provide visual interest and break up the visual impact of the building;

c. Decks and balconies to provide building articulation;

d. Foundation types such as poles, piles, or stepped levels which minimize cut and fill and need for retaining walls;

e. Fence lines, walls, and other features which blend with the terrain rather than strike off at an angle against it.

7. If a project proposed for construction is in a landslide area identified in a site-specific geological report prepared pursuant to Section 24.14.030(1)(d), findings must be made that mitigation measures necessary to fulfill the purpose of this part have been incorporated into project design, based on the project’s environmental review and geotechnical reports.

(Ord. 2022-08 § 3, 2022).

Part 9A: SLOPE REGULATIONS MODIFICATIONS (APPLIES IN THE COASTAL ZONE)

24.08.800a PURPOSE.

Slope regulation modifications may be permitted to allow for development in unique situations where mitigation measures achieve the purpose of provisions of Section 24.14.030a(1)(d), Slope regulations (in the Coastal Zone), and where strict compliance with Section 24.14.030a(1)(d) creates a particular physical hardship and where no reasonable alternative to the exception exists, and when the extent of the exception is minimized. This section is also part of the Local Coastal Implementation Plan.

(Ord. 2022-08 § 3, 2022; Ord. 2019-28 § 1 (part), 2020: Ord. 94-34 § 11, 1994: Ord. 94-33 § 19, 1994: Ord. 88-13 § 1, 1988: Ord. 85-05 § 1 (part), 1985. Formerly 24.08.800).

24.08.810a PROCEDURE.

Projects requiring an exception to slope standards established by Section 24.14.030a must apply for a slope modification permit. This permit may be granted by the zoning administrator without a hearing if the project is no closer than ten feet from the top edge of a thirty percent slope and is consistent with the findings in Section 24.08.820a, unless the slope modification permit is accompanied by an application which must be heard by a higher body. Should a project be closer than ten feet to a thirty percent slope, then it must be considered at a public hearing by the zoning board as a variance which must also be consistent with the findings in Section 24.08.820a. In the case of construction of an accessory dwelling unit pursuant to Section 24.16.100 et seq., this section shall apply only when alternative site configurations are available to an applicant that would permit the construction of a detached accessory dwelling unit up to eight hundred square feet in size without the need for a slope modification permit; when no alternative site configuration will allow the construction of an eight-hundred-square-foot detached accessory dwelling unit, the applicant shall comply with the maximum possible number of findings in Section 24.08.820a, but shall not be denied a building permit for the accessory dwelling unit based on this section.

(Ord. 2022-08 § 3, 2022; Ord. 2019-28 § 1 (part), 2020: Ord. 94-34 § 12, 1994: Ord. 85-05 § 1 (part), 1985. Formerly 24.08.810).

24.08.820a FINDINGS REQUIRED.

A slope modification permit may be granted when all of the following applicable conditions are found or when, pursuant to the provisions of Section 24.08.810a, an application for an accessory dwelling unit meets as many of the following conditions as possible:

1. Measures have been included within the design of the project to mitigate impacts on environmental constraint areas identified in the Environmental Quality Element of the General Plan and the Local Coastal Program.

2. Landscaping of an appropriate type, size and quality is proposed to mitigate any adverse environmental effect.

3. Usable open space is proposed in an amount equal to that normally required.

4. To conform with existing land forms and topography, streets, buildings, and other man-made structures have been designed by a registered civil engineer or other qualified professional.

5. Adequate fire safety measures as required by the city fire department have been incorporated into the design of the proposed development, when located in a designated fire hazard area.

6. The proposed project employs architectural and design elements which in total serve to reduce the mass and bulk of structures. Such elements may include:

a. Multiple floor levels which follow natural slopes;

b. Multiple roof lines;

c. Decks and balconies;

d. Foundation types such as poles, piles, or stepped levels which minimize cut and fill and need for retaining walls;

e. Fence lines, walls, and other features which blend with the terrain rather than strike off at an angle against it.

7. If a project proposed for construction is in a designated landslide area, before granting a modification to Section 24.14.030a(1)(d), findings must be made that mitigation measures necessary to fulfill the purpose of this part have been incorporated into project design, based on the project’s environmental review.

(Ord. 2022-08 § 3, 2022; Ord. 2019-28 § 1 (part), 2020: Ord. 95-30 § 3, 1995: Ord. 94-34 § 13, 1994: Ord. 94-33 § 20, 1994: Ord. 91-14 § 3, 1991: Ord. 85-05 § 1 (part), 1985. Formerly 24.08.820).

Part 10: HISTORIC ALTERATION PERMIT

24.08.900 PURPOSE.

The purpose of this permit is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites and districts over time. Administrative historic alteration permits may be approved by the zoning administrator, without a public hearing, for minor alteration projects and accessory structures. Historic alteration permits may be approved by the city historic preservation commission, after a public hearing, for non-minor alteration projects. Such a permit is required before any person shall carry out or cause to be carried out, on the site of a designated landmark, or on the site of a building listed in the City of Santa Cruz Historic Building Survey, or on the site of a structure in an historic overlay district, any material change in exterior appearance of any such site or structure through alteration, construction or relocation. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2003-14 § 2 (part), 2003: Ord. 99-17 § 3, 1999: Ord. 94-33 § 21, 1994: Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.910 GENERAL PROVISIONS.

The planning department shall maintain a current record of designated landmarks, historic districts and buildings listed on the city’s historic building survey. When an application involving such landmark, district or building indicates a possible material change to the exterior appearance of a building, structure, site or portion thereof, an historic alteration permit shall be required. Approval of an administrative historic alteration permit shall be required for the addition of, or modification to, nonhistoric structures on parcels which include a designated landmark, or a building or a site listed in the city of Santa Cruz historic building survey, or on a structure in an historic overlay district, or for minor historic alteration projects. An historical alteration permit is not required for:

a. Removal, alteration, or maintenance of landscape material or other objects (walls, hitching posts, etc.) unless the landscape elements or historic objects are identified as historically important;

b. Installation of an electric vehicle charging station; however, all feasible efforts shall be made to minimize the visibility of electric vehicle charging stations on historic properties; and

c. Alterations to the interior of the building; painting on the interior or exterior of the building.

(Ord. 2020-19 § 1, 2020; Ord. 2012-19 § 1, 2012: Ord. 2003-14 § 2 (part), 2003: Ord. 99-17 § 4, 1999: Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.915 REVIEW OF APPLICATIONS.

1. The applicant shall provide, where applicable, scaled drawings of both existing conditions and proposed work which clearly identifies both existing and new construction, and the extent of demolition, photographs of the property at the time of the application, photographs of adjacent property, and detailed information about the building materials to be used. The commission and the staff may require additional information from the applicant in order to evaluate the application. An application shall not be considered complete and ready for approval or disapproval until all required data have been submitted.

2. When an application involves construction of a new building or of an addition to a building, the applicant may present plans to receive comments from the commission before the preparation of detailed drawings for the project. The comments at that time will be intended to give direction to the applicant, although the comments will not be binding on the commission.

(Ord. 2003-14 § 2 (part), 2003).

24.08.920 PROCEDURE.

A public hearing shall be held by the historic preservation commission, prior to final action on any historic alteration permit application except minor historic alteration projects, as defined in Section 24.22.438. Administrative historic alteration permits may be approved for minor historic alteration projects by the zoning administrator without a public hearing. Notice of the hearing shall be given to the applicant and to the public pursuant to the provisions of Chapter 24.04. The commission and zoning administrator shall take action on each application after the receipt of a completed application, and the commission’s/zoning administrator’s procedures may include discussions with the applicant on modifications to the proposal. The commission and zoning administrator may approve, approve with modifications, or deny an application, and it shall set forth the factual basis for its required findings.

(Ord. 2003-14 § 2 (part), 2003: Ord. 99-17 § 5, 1999: Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.930 FINDINGS REQUIRED.

Prior to approval or modified approval, the historic preservation commission or zoning administrator shall find that:

1. The action proposed is consistent with the purposes of historic preservation as set forth in Section 24.12.400 of this title and in the Cultural Resources Element of the General Plan; and one of the following three findings:

2. The project complies with Standards for Rehabilitation approved by the United States Secretary of the Interior; and that the project’s:

1. architectural design;

2. height and bulk of buildings and structures;

3. lot coverage and orientation of buildings;

4. color and texture of surface materials;

5. grading and site development;

6. landscaping;

7. changes to natural features;

8. antennas, satellite dishes and solar collectors;

9. off-street parking, signs;

10. light fixtures and street furniture;

11. steps, walls, doors, windows, screens and security grills;

12. yards and setbacks

protect and preserve the historic and architectural qualities and the physical characteristics which make the building, structure, or property a contributing feature of the landmark, historic building survey building or historic district; or

3. The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 24.08.940; or

4. The applicant has demonstrated that denial of the application will result in immediate and substantial economic hardship that denies the applicant the ability to make reasonable beneficial use of the property or the ability to obtain a reasonable return from the property.

(Ord. 2003-14 § 2 (part), 2003: Ord. 99-17 § 6, 1999: Ord. 99-06 § 2, 1999: Ord. 94-33 § 22, 1994: Ord. 91-13 § 1, 1991; Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.940 UNSAFE OR DANGEROUS CONDITIONS.

None of the provisions of this part shall be construed to prevent construction, alteration, removal or relocation necessary to correct the unsafe or dangerous conditions of any structure, other feature, or part thereof, when such condition has been declared unsafe or dangerous by the building official or the fire chief, and where the proposed measures have been declared necessary by such official to correct the said condition. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed. In the event any structure or other feature is damaged by fire or other calamity the building official may specify, prior to the commission’s review, the amount of repair necessary to correct an unsafe condition.

(Ord. 2003-14 § 2 (part), 2003: Ord. 86-13 § 2 (part), 1986: Ord. 85-05 § 1 (part), 1985).

Part 11: HISTORIC DEMOLITION PERMIT

24.08.1000 PURPOSE.

The purpose of this permit is to ensure that no person shall demolish or cause to be demolished any building listed on the Santa Cruz Historic Building Survey, any designated historic landmark or any building in an historic overlay district without approval of an historic demolition permit.

(Ord. 2003-14 § 11 (part), 2003: Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1010 DEMOLITION OF BUILDINGS LISTED IN THE HISTORIC BUILDING SURVEY.*

* Editor’s Note: See Sections 24.08.1012 and 24.08.1014.

24.08.1011 INFORMATION ABOUT THE BUILDING PROPOSED FOR DEMOLITION.

1. The commission may ask the applicant for an historic demolition permit to provide additional information to help in reaching a decision. The applicant may explain to the commission any problems in supplying information about the property, and the commission may withdraw the request for this information from the applicant.

(Ord. 2003-14 § 11 (part), 2003).

24.08.1012 DEMOLITION OF BUILDINGS LISTED IN THE HISTORIC BUILDING SURVEY – PROCEDURE.

1. Any person desiring to demolish a building listed on the Santa Cruz Historic Building Survey shall first file an application for a historic demolition permit with the planning department. Demolition of any such building may be approved only in connection with an approval of a replacement project. In case of a residential use, Part 14 of this chapter (Residential Demolition/Conversion) shall also apply.

Exceptions: Single-story detached garages, sheds, or other accessory buildings with no identified historic, cultural, or architectural value, as determined by the zoning administrator shall be exempt from this requirement.

2. After giving notice to the applicant and to the public pursuant to the provisions of Chapter 24.04, the historic preservation commission shall hold a public hearing and shall take one of the following actions:

a. Approve Permit. The historic preservation commission may approve the historic demolition permit in conformance with the provisions of Part 14 of this chapter.

b. Approve Permit, Subject to a Waiting Period of Up to One Hundred Twenty Days to Consider Relocation/Documentation.

(1) During the waiting period, the applicant shall advertise the proposed demolition in a paper of general circulation in the city of Santa Cruz, at, least twice during the first, thirty days following the action by the historic preservation commission. Such advertisement shall include the address at which the structure proposed for demolition is located, information as to how arrangements can be made for relocation, and the date after which a demolition permit may be issued. Evidence of this publication must be submitted to the zoning administrator prior to issuance of a demolition permit.

(2) During the waiting period, the historic preservation commission may investigate preservation alternatives such as photographing the building and gathering related historical data.

c. Continue for Up to One Hundred Eighty Days to Consider Designation as Landmark, or Other Alternatives to Demolition.

(1) During the continuance period, the historic preservation commission may investigate relocation of the building on site or modification of the building for future uses in a way which preserves the architectural and historical integrity of the building.

(2) During the continuance period, the historic preservation commission may initiate an application for a landmark designation for the building and/or site.

(3) If the city council fails to designate the structure as an historic landmark within the one hundred eighty days, the demolition permit shall be issued.

(4) This continuance may be appealed.

d. Deny Permit.

(Ord. 2003-14 § 11 (part), 2003: Ord. 91-12 § 1, 1991; Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1014 DEMOLITION OF BUILDINGS LISTED IN THE HISTORIC BUILDING SURVEY – FINDINGS.

1. Prior to approval or modified approval, the historic preservation commission shall find that:

a. The action proposed is consistent with the purposes of historic preservation as set forth in Section 24.12.400 of this title and in the Cultural Resources Element of the General Plan; or

b. The applicant has demonstrated that the action proposed is necessary to correct an unsafe or dangerous condition on the property pursuant to Section 24.08.1040; or

c. The applicant has demonstrated the denial of the application will result in immediate and substantial economic hardship; or

d. There are no reasonable alternatives to the demolition as of the time of the hearing.

2. Prior to denial, the historic preservation commission shall find that:

a. There are reasonable alternatives to the demolition as of the time of the hearing as demonstrated by specific facts in the record.

(Ord. 2003-14 § 11 (part), 2003: Ord. 94-33 § 23, 1994: Ord. 91-12 § 2, 1991; Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1020 DEMOLITION OF DESIGNATED HISTORIC LANDMARKS.*

* Editor’s Note: See Sections 24.08.1022 and 24.08.1024.

24.08.1022 DEMOLITION OF DESIGNATED HISTORIC LANDMARKS – PROCEDURE.

1. Any person desiring to demolish a designated historic landmark shall first file an application for a historic demolition permit with the planning department. Demolition of any such building may be approved only in connection with an approval of a replacement, project. In case of residential use, Part 14 of this chapter (Residential Demolition/Conversion) shall also apply.

a. Approve Permit. The historic preservation commission may approve the historic demolition permit in conformance with the provisions of Part 14 of this chapter.

b. Approve Permit, Subject to a Waiting Period of Up to One Hundred Twenty Days to Consider Relocation/Documentation.

(1) During the waiting period, the applicant shall advertise the proposed demolition in a paper of general circulation in the city of Santa Cruz, at least twice during the first thirty days following the action by the historic preservation commission. Such advertisement shall include the address at which the structure proposed for demolition is located, information as to how arrangements can be made for relocation and the date after which a demolition permit may be issued. Evidence of this publication must be submitted to the zoning administrator prior to issuance of a demolition permit.

(2) During the waiting period, the historic preservation commission may investigate preservation alternatives such as photographing the building and gathering related historical data.

c. Continue for Up to One Hundred Eighty Days to Consider Other Alternatives to Demolition.

(2) This continuance may be appealed.

d. Deny Permit.

(Ord. 2003-14 § 11 (part), 2003: Ord. 91-12 § 3, 1991; Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1024 DEMOLITION OF DESIGNATED HISTORIC LANDMARKS – FINDINGS REQUIRED.

Same as those set forth in Section 24.08.1014 of this part.

(Ord. 2003-14 § 11 (part), 2003: Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1030 DEMOLITION OF BUILDINGS OR STRUCTURES IN THE HISTORIC OVERLAY DISTRICT.

When demolition is proposed for a building or structure that is neither a designated landmark nor an Historic Building Survey building but is in an historic district, the following procedure applies. An historic demolition permit for a building in an historic district shall be approved only in connection with an historic alteration permit for a replacement project.

(Ord. 2003-14 § 11 (part), 2003: Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1032 DEMOLITION OF BUILDINGS OR STRUCTURES IN THE HISTORIC OVERLAY DISTRICT – PROCEDURE.

After giving notice to the applicant and to the public pursuant to the provisions of Chapter 24.04, a public hearing shall be held by the historic preservation commission.

(Ord. 2003-14 § 11 (part), 2003: Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1036 DEMOLITION OF BUILDINGS OR STRUCTURES IN THE HISTORIC OVERLAY DISTRICT – FINDINGS REQUIRED.

Same as those set forth in Section 24.08.1014 of this part.

(Ord. 2003-14 § 11 (part), 2003: Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1040 UNSAFE OR DANGEROUS CONDITIONS.

None of the provisions of this part shall be construed to prevent any demolition necessary to correct the unsafe or dangerous conditions of any structure, feature, or part thereof, when such condition has been declared unsafe or dangerous by the building official or the fire chief and where the proposed measures have been declared necessary by such official to correct said condition. However, only such work as is necessary to correct the unsafe or dangerous condition may be performed. In the event any structure or other feature shall be damaged by fire or other calamity, the building official may specify, prior to the commission’s review, the amount of repair necessary to correct an unsafe condition.

(Ord. 2003-14 § 11 (part), 2003: Ord. 86-13 § 3 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.08.1050 DEMOLITION APPEAL.

1. If an application for a landmark alteration permit to demolish a designated landmark is appealed, the city council may continue action on the appeal for a period of up to one hundred eighty days from the date of the council’s public hearing. If the city council fails to act in this period of up to one hundred eighty days, the application shall be deemed to have been approved.

2. If the appeal is for permit approval, the city council during this period may with the advice and assistance of the historic preservation commission take such steps as it determines are necessary to preserve the structure concerned, in accordance with the city’s historic preservation purposes (Section 24.12.400). Such steps may include, but shall not be limited to, consultations with civic groups, public agencies, and interested citizens, recommendations for acquisition of property by public or private bodies or agencies, and exploration of the possibility of moving one or more structures or other features.

(Ord. 2003-14 § 11 (part), 2003: Ord. 91-12 § 4, 1991: Ord. 85-05 § 1 (part), 1985).

24.08.1060 RESERVED.*

* At the direction of the city clerk, this section, entitled “Unsafe or Dangerous Conditions,” was removed from the code at the time of the 1995 republication. See § 24.08.1040.

24.08.1070 SHOWING OF HARDSHIP IN CASES OF PROPOSED MATERIAL CHANGE CONSTRUCTION.

The historic preservation commission may approve a landmark alteration permit to carry out construction, demolition, material change, or relocation of a landmark or in an historic district, if the applicant presents facts clearly demonstrating to the satisfaction of the historic preservation commission at the public hearing that failure to receive such approval will cause an immediate and substantial hardship. If hardship is found to exist under this section, the historic preservation commission shall make a written finding to that effect, and shall also specify in writing the facts relied upon in making such finding.

(Ord. 2003-14 § 11 (part), 2003: Ord. 85-05 § 1 (part), 1985).

Part 12: Repealed by Ord. 86-13 § 5

Part 13: NONRESIDENTIAL DEMOLITION AUTHORIZATION PERMITS

24.08.1210 PURPOSE.

The purpose of this permit is to evaluate requests for demolition of nonresidential structures fifty years of age or older, and of undetermined age, to ensure that those which may have historic value are not demolished.

(Ord. 2012-19 § 6 (part), 2012).

24.08.1220 GENERAL PROVISIONS.

No demolition permit shall be issued for any nonresidential structure fifty years of age or older, and of undetermined age, unless a nonresidential demolition authorization permit has been issued pursuant to this part. Such permits shall be issued administratively, without a public hearing, unless a cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, determines that the building or structure is eligible for listing on the city historic building survey. If such a determination is made, a public hearing must be held by the zoning administrator regarding the nonresidential demolition authorization permit after appropriate environmental review is completed in accordance with the California Environmental Quality Act.

(Ord. 2012-19 § 6 (part), 2012).

24.08.1230 DEMOLITION OF NONRESIDENTIAL BUILDINGS OR STRUCTURES FIFTY YEARS OF AGE OR OLDER.

1. Exemptions to Review Process. The following are exempted from the demolition review process as detailed in this part:

a. The zoning administrator may issue a demolition permit for any building or structure that is determined to be an imminent hazard to public safety, either to the subject property or to neighboring properties, and where demolition is the only economically feasible means to secure the public safety. Prior to demolition of any such building or structure, the applicant will measure and photo-document the building, where safety permits, and provide the documentation to the planning and community development department.

b. Minor demolition related to normal maintenance or repair where demolished materials are replaced in kind.

c. Accessory buildings and accessory structures of less than two hundred square feet in size, as measured from the outside of the building or structure, except for those listed or determined eligible for listing on the city historic building survey. The zoning administrator may require preparation of a cultural resource evaluation in conjunction with the demolition permit application if there is reason to believe that the building or structure may be eligible for listing on the city historic building survey. If an evaluation determines that the resource is eligible for listing on the city historic building survey, the zoning administrator will not approve a nonresidential demolition permit without appropriate environmental review in accordance with the California Environmental Quality Act.

2. Process for demolition requests for buildings or structures fifty years of age or older, and of an undetermined age.

Prior to demolition of any building or structure fifty years of age or older the following is required:

a. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the City, and an appropriate building permit has been, or will concurrently be, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.

b. The zoning administrator may require preparation of a cultural resource evaluation in conjunction with the demolition permit application. The applicant is responsible for the cost of preparing the cultural resource evaluation. The cultural resources evaluation, prepared by a qualified consultant as determined by the zoning administrator, shall determine the potential eligibility of the building or structure for listing on the city historic building survey in accordance with criteria listed in Section 24.12.440(2)(c).

c. Concurrently with the preceding, the zoning administrator may forward the application to cultural resources agencies and experts as deemed necessary for review and comment.

d. For buildings or structures determined ineligible for listing on the city historic building survey, the zoning administrator may issue a demolition permit after the cultural resources evaluation is accepted as accurate and complete and after consultations which may be required in subsection (2)(b).

e. If an evaluation determines that the resource is eligible for listing on the city historic building survey, the zoning administrator shall not approve a nonresidential demolition permit without appropriate environmental review in accordance with the California Environmental Quality Act.

3. Findings Required for Issuance of Nonresidential Demolition Authorization Permits. The zoning administrator may issue a demolition permit after the following findings are made:

a. The cultural resources evaluation is accepted as accurate and complete; and the cultural resources evaluation concludes that the building or structure is not eligible for listing on the city historic building survey.

b. The project which will replace the demolished building or structure has been, or is concurrently being, approved by the city, and an appropriate building permit has been, or is concurrently being, issued; unless some other practical hardship can be documented rendering this requirement inappropriate.

c. The property owner has been advised of the benefits of listing the property on the city historic building survey and incorporating the preservation of the historic resource into the proposed project.

d. The cultural resources evaluation determines that the resource is eligible for listing on the city historic building survey, appropriate environmental review has been completed in accordance with the California Environmental Quality Act, and the zoning administrator can make a finding of overriding consideration that the replacement project will have public benefits which will outweigh the impact of loss of the historic resource.

(Ord. 2012-19 § 6 (part), 2012).

Part 14: RESIDENTIAL DEMOLITION/CONVERSION AUTHORIZATION PERMITS*

* Editor’s Note: Part 14 of Chapter 24.08 was originally adopted by Ord. 85-05. Subsequent amendments included in this part were made by Ord. 86-42.

24.08.1310 PURPOSE.

In recognition of the need to maintain affordable housing opportunities and protect low- and moderate-income tenants when demolition or conversion of their living units is proposed, this permit provides for orderly change and replacement housing, where possible.

(Ord. 2022-18 § 10, 2022; Ord. 89-23 § 1 (part), 1989).

24.08.1320 GENERAL PROVISIONS.

California State law includes strict standards for the demolition of housing in an effort to ensure that existing density is not reduced and that housing that is currently rented to lower income tenants is maintained as affordable housing within new development. Housing demolition and housing development projects must comply with the requirements of this section as well as those contained in California state law governing relocation assistance and replacement housing units, including but not limited to Government Code Sections 65589.5 and 66300, as amended. For each provision of the regulations, when both this code and the California Government Code apply, whichever requires the higher number of replacement units, bedrooms, and/or relocation assistance shall take precedence. No demolition permit shall be issued for any residential dwelling unit or single-room occupancy living unit unless a residential demolition/conversion authorization permit has been issued pursuant to this part.

(Ord. 2022-18 § 10, 2022; Ord. 89-47 § 2, 1989: Ord. 89-23 § 1 (part), 1989).

24.08.1325 BUILDING DEMOLITION – OFFER TO MOVE.

1. Whenever any residential building is sought to be demolished, and if city regulations provide for demolition, the applicant for demolition shall be required to offer the building to interested parties to be moved, if it is determined by the building official that the building is feasible for relocation off site and capable of being moved without damage to significant trees and/or landscaping. The building shall be offered at no cost, or nominal cost, and be moved at the taker’s expense, unless any discretionary permit requires otherwise.

2. The applicant shall place a minimum of two advertisements, two weeks apart, in a daily newspaper of local circulation, in a form approved by the zoning administrator. The advertisement shall contain an offer to the public stating that the building is being made available to any member of the public free of charge or for a nominal cost based on the building’s salvage value. The offer contained in the advertisement shall remain outstanding for a period of sixty days from the date of the publication of the first advertisement. Any such offer shall be conditioned upon the acceptor’s agreement to remove the building in its entirety and any associated debris from the site no later than ninety days from the date of publication of the first advertisement; however, nothing contained herein shall preclude the offeror and acceptor from mutually agreeing to a longer time period for removal of the building and associated debris.

(Ord. 2022-18 § 10, 2022; Ord. 2016-12 § 5, 2016: Ord. 95-32 § 1, 1995. Formerly 24.10.190).

24.08.1330 DEMOLITION OR CONVERSION OF SINGLE-FAMILY RESIDENCE OR DUPLEX UNITS.

The zoning administrator may issue a demolition/conversion authorization permit for the demolition or conversion of a single-family residence, accessory dwelling unit, or duplex upon finding that:

1. The building is not subject to the provisions of Part 11 (regarding Historic Demolition Permits) of this chapter, or that the demolition or conversion has been approved pursuant to the procedures set forth in Part 11; and

2. The project which will replace the demolished or converted unit(s) has been approved by the city, and an appropriate building permit has been issued; unless no building permit is required or some other practical hardship can be documented rendering this finding inappropriate; and

3. The building is not in the coastal zone, or, if it is in the coastal zone, is being replaced by a residential use or a nonresidential coastal-dependent use as defined by Section 30101 of the Public Resources Code; and

4. Relocation assistance has been provided to eligible tenants consistent with Section 24.08.1350; or

5. The building which is in the coastal zone and is being replaced by a nonresidential use which is not coastal-dependent as defined in Section 30101 of the Public Resources Code, is located where residential use is no longer feasible, but will not be issued a demolition permit or building permit in connection with the conversion until the applicant has entered into an agreement to provide relocation assistance and replacement housing or in-lieu fees consistent with Section 24.08.1350 and the applicable portions of Sections 24.08.1360 and 24.08.1370.

(Ord. 2022-18 § 10, 2022; Ord. 2019-04 § 1, 2019; Ord. 89-23 § 1 (part), 1989).

24.08.1340 DEMOLITION OR CONVERSION OF DWELLING GROUPS, MULTIPLE DWELLINGS AND SINGLE-ROOM OCCUPANCY LIVING UNITS.

The zoning board may issue a demolition/conversion authorization permit for the demolition or conversion of a multifamily structure, dwelling groups, multiple dwellings and single-room occupancy living units upon holding a public hearing and finding that:

1. The project to replace the demolished or converted units has been approved and an appropriate building permit has been issued; unless a hardship can be documented rendering this finding inappropriate;

2. The proposed demolition or conversion of use will not have a substantial adverse impact on housing opportunities for low- and moderate-income households; or

3. If the proposed demolition or conversion of use will have a substantial adverse impact on housing opportunities for low- and moderate-income households, adequate mitigation measures will be undertaken. Such mitigation measures include relocation assistance, and may include construction of replacement housing, in-lieu fees, other measures, or a combination of the above as provided by council resolution. For purposes of this section, a residential dwelling unit shall be occupied by a person or family of low or moderate income, if a low- or moderate-income household currently occupies or had occupied the dwelling unit within one year prior to the date of submission of the application for the demolition/conversion permit; or, in addition, if substantial evidence exists that a low- or moderate-income household had occupied the unit within two years of the date of the submission of the application for the demolition/conversion authorization permit and had been evicted for the purpose of avoiding the requirements of this section.

(Ord. 2022-18 § 10, 2022; Ord. 89-47 § 3, 1989: Ord. 89-23 § 1 (part), 1989).

24.08.1345 ESTABLISHING LOW- AND MODERATE-INCOME OCCUPANCY.

1. Low- and moderate-income occupancy is established as follows:

a. Occupied Units.

(1) At the time of application, the applicant shall file a list of names and unit numbers of the tenants who occupied the units during the previous year.

(2) The applicant shall arrange to have the Public Housing Authority (PHA) verify income of tenants for the purpose of establishing low- and moderate-income tenancy.

(3) In the event that a tenant’s income is not verified, the assumption shall be made that the unit is occupied by a low- and moderate-income household.

(4) Mitigation measures for demolition or conversion of use of low- and moderate-income housing units shall be based upon the number of units occupied by low- and moderate-income households.

b. Vacant Units.

(1) The application shall supply the names and addresses of the last tenants of each vacant unit.

(2) The applicant shall arrange to have the Public Housing Authority (PHA) verify the income of said tenants for the purpose of establishing low- and moderate-income housing units.

(3) In the event that the most recent tenant cannot be located or identified, the assumption shall be made that the unit was occupied by a low- and/or moderate-income household.

(4) Mitigation measures for demolition or conversion of use of low- and moderate-income housing units shall be based upon the number of units determined to be low- and moderate-income housing units.

c. Notwithstanding subsections (1)(a) and (b), the applicant may stipulate that one or more of the units are or have been occupied by low- or moderate-income households.

(Ord. 2022-18 § 10, 2022; Ord. 89-23 § 1 (part), 1989).

24.08.1350 RELOCATION ASSISTANCE.

All low- or moderate-income households displaced by demolition or conversion of use shall receive relocation assistance. For purposes of this section, a residential dwelling unit shall be occupied by a person or family of low or moderate income if a low- or moderate-income household currently occupies or had occupied the dwelling unit within two years prior to the date of submission of the application for the demolition/conversion permit.

Relocation assistance shall be defined as two months’ rent. Other arrangements agreeable to the tenant, as evidenced by a written agreement between the tenant and the demolition/conversion authorization permit applicant may be allowed; however, in no case shall the agreement allow for no relocation assistance to be provided, nor can the permit applicant influence or threaten the tenant in any manner to agree to any alternative arrangement that would be less favorable to the tenant than the assistance that is legally required. Payment of relocation assistance or other agreed-upon assistance shall be made by the applicant to eligible tenants prior to submittal of the building permit for the replacement project or use, or at the time of notification of termination of tenancy, whichever occurs first.

(Ord. 2022-18 § 10, 2022; Ord. 2020-23 § 3, 2020: Ord. 89-23 § 1 (part), 1989).

24.08.1360 REPLACEMENT HOUSING REQUIREMENTS.

Housing development projects must comply with the requirements of this section as well as those contained in California State law governing replacement housing units, including but not limited to Government Code Sections 65589.5 and 66300. For each provision of the regulations, when both this code and the California Government Code apply, the stricter of the two provisions shall be applied to the project.

1. Replacement housing must be provided by the applicant when demolition or conversion of use of three or more dwelling units or single-room occupancy living units occupied by households of low or moderate income occurs. Replacement requirements shall be based on the total number of bedrooms contained within all low- or moderate-income units to be demolished or converted.

a. The basic requirement is that fifty percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.

b. Inclusionary rental units located on the same site may also be counted as replacement units, utilizing the more restrictive income and rent requirements for these units. Off-site rental or ownership inclusionary units shall not be used to fulfill replacement unit requirements.

c. In the R-T Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.

d. In the commercial C Districts, one hundred percent of all low- or moderate-income bedrooms demolished or converted shall be replaced either on site, or elsewhere in the city of Santa Cruz, or a combination of both.

e. The basic fifty percent bedroom replacement requirement represents a determination of financial feasibility: that being, a greater percentage would render most projects economically infeasible. In the R-T Districts, however, due to greater allowable densities, the one hundred percent bedroom replacement requirement is determined to be feasible. In the C Districts, due to greater allowable use intensities resulting from the possibility to do both commercial and residential development without one reducing the other, the one hundred percent bedroom replacement requirement is determined to be feasible.

(Ord. 2022-18 § 10, 2022; Ord. 2008-14 § 1, 2008: Ord. 90-16 § 1, 1990; Ord. 89-47 § 4, 1989: Ord. 89-23 § 1 (part), 1989).

24.08.1362 ADVANCE REPLACEMENT HOUSING PROPOSAL.

Replacement housing as required in Section 24.08.1360 may be provided in advance of actual demolition of a structure. Conditions for the advance replacement shall be set forth in an advance replacement housing proposal approved as part of a demolition/authorization permit or separate development agreement. Conditions for advance replacement shall address:

1. Procedure to notify and offer advance housing to existing tenants of the structure to be demolished or converted.

2. Project timetable and identification of future project(s) that advance replacement housing will be credited toward.

(Ord. 2022-18 § 10, 2022; Ord. 89-23 § 1 (part), 1989: Ord. 88-41 § 8, 1988).

24.08.1370 IN-LIEU FEES.

1. As an alternative to fulfilling the replacement housing requirements of Section 24.08.1330 or 24.08.1360, in-lieu fees can be paid for up to twenty-five percent in the R-T Districts and up to fifty percent in other districts of the total number of low- or moderate-income bedrooms to be provided to meet the replacement housing requirement. The remaining seventy-five percent or fifty percent bedroom replacement requirement shall be actually constructed or caused to be constructed by the applicant. However, where replacement housing is being required due to the provisions of Section 24.08.1330(5), pertaining to demolition or conversion of single-family and duplex units, in-lieu fees may be paid to meet one hundred percent of the replacement housing requirement.

2. The in-lieu fees shall be applied to programs that would add to the affordable housing stock through the construction of new housing units or the rehabilitation of existing housing units that were previously substandard and uninhabited or occupied by above-moderate income households. In-lieu fees shall not be used for administration of such programs.

3. Replacement housing in-lieu fees shall be determined in the same manner as inclusionary housing in-lieu fees. For purposes of determining unit sizes, the average number of bedrooms per unit shall be used. For purposes of determining the average number of square feet in a unit, the average square footage for those units shall be used up to a maximum square footage as follows: six hundred fifty square feet for a single room occupancy unit, studio, or one-bedroom unit; nine hundred square feet for a two-bedroom unit; one thousand four hundred square feet for a three- to eight-bedroom unit.

4. Replacement housing built with in-lieu fees shall, in aggregate, provide the same level of housing as would otherwise have been required, and shall be provided and available for use within three years from the date upon which work commenced on the conversion or demolition, or if no new or rehabilitated units are available within three years, units shall be provided in the first available affordable housing project that is constructed in the city.

(Ord. 2022-18 § 10, 2022; Ord. 2008-14 § 2, 2008: Ord. 89-23 § 1 (part), 1989).

24.08.1380 EXCEPTION.

This part shall not apply to any building when the building official or fire marshal determines that the building is dangerous to the health and safety of the building occupants, neighbors, or the public, and that the demolition of the building is required because of such health and safety concerns. The building official or the fire marshal shall set forth in writing the reasons for their determination that the building is dangerous to the health and safety of the building occupants, neighbors, or the public. However, this exception shall not apply if the dangerous health and safety condition(s) are the result of lack of maintenance of the building. This section has no impact on the relocation assistance requirements stipulated in Title 21.

(Ord. 2022-18 § 10, 2022; Ord. 2017-04 § 1, 2017: Ord. 89-23 § 1 (part), 1989).

Part 15: RELOCATION PERMIT

24.08.1400 PURPOSE.

The purpose of this permit is to ensure compatible relocation of dwellings and other structures, which through necessity or convenience are to be moved to a site within the city and which still have remaining a reasonable portion of their useful life; to protect existing neighborhoods within the city from deterioration or loss of values by the relocation of such structures.

(Ord. 85-05 § 1 (part), 1985).

24.08.1410 GENERAL PROVISIONS.

No permit for the moving of a building or structure to any premises within the city shall be issued, until the owner thereof has first secured a relocation permit in the manner prescribed by this part. No relocation permit shall be required for the moving of a building or structure from one location to another on the same property, if no public street, alley or easement is entered upon; or for the moving of a building or structure to a location outside the city limits.

(Ord. 85-05 § 1 (part), 1985).

24.08.1420 PROCEDURE.

1. Application for a relocation permit shall be filed with the planning department.

2. Upon receipt of a notice from the zoning administrator that an application for a relocation permit has been received, the building official shall cause the subject to be inspected and shall thereafter file with the zoning administrator a written inspection report, together with recommendations as to such requirements as are necessary to bring the structure up to present day codes or standards.

3. A public hearing shall be held by the zoning administrator. All evidence concerning the relocation of said structure shall be evaluated by the zoning administrator, including the report and recommendations of the building official.

(Ord. 85-05 § 1 (part), 1985).

24.08.1430 FINDINGS REQUIRED.

The zoning administrator shall find that:

1. The structure proposed to be moved is compatible with the existing structures and general character within the zone of interest. This will include a consideration of the age, architectural style and physical condition of said structure;

2. The structure proposed to be moved will not have a negative effect on the property value within the zone of interest.

(Ord. 85-05 § 1 (part), 1985).

24.08.1440 TIME FOR COMPLETION.

Any structure for which a permit for relocation is granted, must be removed onto the new site and located, remodeled, or brought into conformity with the permit for removal granted, the building code, and this title within six months after the issuance of such permit, or within such additional time and upon such additional terms as may be granted or imposed by the zoning administrator upon written application to him/her before the expiration of such period.

(Ord. 85-05 § 1 (part), 1985).

Part 16: MOBILEHOMES: CERTIFICATE OF COMPATIBILITY

24.08.1500 PURPOSE.

Mobilehomes are part of the housing stock of the city of Santa Cruz. It is the intent of the city to provide opportunities for the placement of mobilehomes in single-family residential districts and to insure through the certificate of compatibility that such mobilehomes are designed and located so as to be harmonious within the context of the surrounding houses and neighborhood.

(Ord. 85-05 § 1 (part), 1985).

24.08.1510 GENERAL PROVISIONS.

A mobilehome may be located in any district where a single-family home is permitted subject to the same use restrictions, provided that such mobilehome receives a certificate of compatibility.

(Ord. 85-05 § 1 (part), 1985).

24.08.1520 PROCEDURE.

The zoning administrator shall issue such certificate if the mobilehome meets the location and design criteria established herein.

(Ord. 85-05 § 1 (part), 1985).

24.08.1530 REVIEW CRITERIA.

1. Location and Design Criteria. Location and design criteria are hereby established to protect neighborhood integrity, provide for harmonious relationship between mobilehomes and surrounding uses, and minimize problems that could occur as a result of locating mobilehomes on residential lots.

a. Location Criteria. Mobilehomes shall not be allowed under the following circumstances:

(1) On substandard lots which do not meet the requirements of this title;

(2) As a second or additional unit on an already developed lot;

(3) On lots with an average slope of more than ten percent;

(4) On lots within one hundred feet of historic structures listed in the Historic Building Survey;

(5) In areas that are designated as historic districts under this title.

b. Design Criteria. The following criteria are to be used in considering an application for a certificate of compatibility. Mobilehomes shall be compatible in design and appearance to structures in the vicinity and shall meet the following guidelines:

(1) Each mobilehome must be at least sixteen feet wide;

(2) It must be built on a permanent foundation approved by the building official;

(3) It must have been constructed after June 15, 1976, and must be certified under the National Manufactured Home Construction and Safety Act of 1974;

(4) The unit’s skirt board must extend to the finished grade;

(5) Exterior siding must be compatible with adjacent structures; shiny or metallic finishes are prohibited;

(6) The roof must have a pitch of not less than three inches vertical rise per twelve inches horizontal distance;

(7) The roof must be of concrete or asphalt tile, shakes or shingles;

(8) The roof must have eaves or overhangs of not less than one foot;

(9) The floor must be no higher than twenty inches above the exterior finished grade;

(10) Required covered parking shall be compatible with the mobilehome design and with architecture in the area.

(Ord. 85-05 § 1 (part), 1985).

24.08.1540 CANCELLATION OF STATE REGISTRATION.

Whenever a mobilehome is installed on a permanent foundation, any registration of said mobilehome with the state of California shall be canceled, pursuant to laws and regulations of the state of California. Before any occupancy certificate may be issued for use of such a mobilehome, the owner of the mobilehome shall provide to the city satisfactory evidence showing that the state registration of the mobilehome has been or will with certainty be canceled, or, if the mobilehome is new and has never been registered with the state of California, the owner of the mobilehome shall provide to the city a statement to that effect from the dealer selling the mobilehome.

(Ord. 85-05 § 1 (part), 1985).

Part 17: MOBILEHOME PARK CONVERSIONS

24.08.1600 PURPOSE.

The purpose of the mobilehome park conversion procedure is to ensure that any conversion of these parks to other uses is preceded by adequate notice and that relocation and other assistance is provided park residents.

(Ord. 85-05 § 1 (part), 1985).

24.08.1610 CONVERSION OF A MOBILEHOME PARK.

The conversion of an existing mobilehome park to another shall require a special use permit. An application for such a permit shall include a description of the proposed new use of the site and a disposition/relocation plan for existing tenants of the mobilehome park. Upon filing an application for conversion, the planning director or his/her designee shall inform the applicant of the requirements of Civil Code Section 798.56 and Government Code Section 65863.8 regarding notification of the mobilehome park residents concerning the conversion proposal.

(Ord. 85-05 § 1 (part), 1985).

24.08.1620 RELOCATION PLAN.

The relocation plan for tenants of a mobilehome park shall be submitted as part of the application for conversion of a mobilehome park to another use. The standards for the relocation plan shall be separately adopted by resolution. Standards shall emphasize relocation assistance to full-time, low- and moderate-income residents.

(Ord. 85-05 § 1 (part), 1985).

24.08.1630 DATE OF CONVERSION.

The date on which the mobilehome park is scheduled to be converted to another use (date of termination of tenancy) shall not be less than ninety days after approval of the use permit for the new use of this site or the date of issuance of the building permit for the new use whichever is sooner, so long as this period is at least one hundred eighty days following approval of the relocation plan.

(Ord. 85-05 § 1 (part), 1985).

24.08.1640 FINDINGS FOR CONVERSION.

A permit for a mobilehome park conversion shall not be issued, unless the following findings have been made:

1. There exist lands zoned for replacement housing or adequate space in other mobilehome parks for the residents who will be displaced.

2. Reasonable mitigation measures are approved in the relocation plan.

3. The relocation plan mitigates the impacts of the displacement of low- and moderate-income individuals or households for a reasonable transition period and mitigates the impacts of any long-term displacement.

4. The proposed new use of the property is consistent with the General Plan.

(Ord. 85-05 § 1 (part), 1985).

24.08.1650 APPLICABILITY.

The provisions of Sections 24.08.1610 through 24.08.1640 prescribe standards for the conversion of mobilehome parks and implement the requirements of Government Code Section 65590 in the Coastal Zone. Substantial site plan alterations to an existing mobilehome park not covered by the approved site plan for the mobilehome park shall require approval of an administrative use permit.

(Ord. 85-05 § 1 (part), 1985).

Part 18: MOBILEHOMES, SMALL COACHES AND RECREATIONAL VEHICLES

24.08.1700 TENANCY TERMINATION.

No tenancy for space in a mobilehome park leased to the owner of a recreational vehicle or travel trailer that has been continuously occupied in the same space for more than nine months may be terminated except for the reasons stated in California Civil Code Section 798.56.

(Ord. 87-06 § 1 (part), 1987).

24.08.1710 DISPLACED SMALL COACH RELOCATION ASSISTANCE.

1. Whenever management of a mobilehome park exercises its power under California Civil Code Section 798.73(a) to require the removal of a small coach or recreational vehicle that has been continuously occupied for more than nine months, the management shall either:

a. Provide reasonable relocation assistance to the owner. Such assistance shall include securing alternate long-term mobilehome park space within the city or county of Santa Cruz; and payment of relocation expenses for transporting and reconnecting the unit to public utilities; or

b. Where no available space can be found in the city or County for relocation, the mobilehome park owner shall purchase the coach and leasehold interest at the original purchase price paid by the owner plus a maximum of one thousand dollars for improvements made to the coach.

2. Where the owner accepts relocation assistance under subsection (1)(a) of this section, the lease shall be automatically terminated.

3. If management fails to comply with the provisions of this chapter by the date of coach removal, management shall be liable to the owner for all of the following:

a. Any payments required by this chapter;

b. Additional actual damages;

c. Punitive damages.

4. In any action brought under this chapter, the court may award reasonable attorney’s fees to the prevailing party.

(Ord. 87-06 § 1 (part), 1987).

Part 19: Repealed by Ord. 91-13 § 2

Part 20: RECONSTRUCTION PERMIT

24.08.2000 PURPOSE.

The purpose of this permit is to allow reconstruction and major repair of nonconforming buildings and structures and the reestablishment of nonconforming uses, consistent with the purpose of the General Plan and Zoning Ordinance. It is appropriate to allow replacement of nonconforming structures and uses, as long as their impact on the surrounding area is consistent with their impact before the damage. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2006-02 § 2 (part), 2006: Ord. 94-33 § 25, 1994: Ord. 90-15 § 2 (part), 1990).

24.08.2010 GENERAL PROVISIONS.

A nonconforming building or structure which was damaged as a result of a natural disaster by more than fifty percent as determined by the building official, may be repaired or reconstructed by first obtaining a reconstruction permit. A nonconforming building or structure damaged by less than fifty percent may be repaired subject to a building permit only. Reconstruction of buildings or structures damaged more than fifty percent that are nonconforming only because of noncompliance with setbacks from a watercourse or wetland as required in Part 21 may be repaired subject to a building permit provided that the general requirements in Section 24.08.2030 are met.

(Ord. 2006-02 § 2 (part), 2006: Ord. 90-15 § 2 (part), 1990).

24.08.2020 PROCEDURE.

A public hearing shall be held by the zoning administrator, unless the application involves a use which requires a permit from the zoning board, then the reconstruction permit shall be heard by the zoning board.

(Ord. 2006-02 § 2 (part), 2006: Ord. 94-34 § 14, 1994: Ord. 90-15 § 2 (part), 1990).

24.08.2030 GENERAL REQUIREMENT.

1. The amount of inside space (square footage) shall not be greater than the amount which existed in the building proposed for reconstruction;

2. The number of dwelling units shall not be greater than the number existing prior to the reconstruction or the number allowed by this title;

3. Setbacks shall not be less than those which existed prior to the reconstruction;

4. The height of the structure may only exceed district regulations when necessary to reconstruct the architectural features of the original structure;

5. Parking shall be no less than the parking provided prior to the reconstruction;

6. Except as provided below, a reconstruction permit shall be filed with the department of planning and community development within one year from the disaster. Reconstruction shall be started within two years from issuance of the reconstruction permit and diligently prosecuted to completion.

a. Buildings listed on the Historic Building Survey, and buildings in historic districts, shall be eligible for reconstruction permits without regard to the stated time lines.

(Ord. 2006-02 § 2 (part), 2006: Ord. 92-20 § 1, 1992; Ord. 90-44 § 1, 1990; Ord. 90-15 § 2 (part), 1990).

24.08.2040 FINDINGS REQUIRED.

A replacement permit shall be granted when the following findings are made:

1. The project is consistent with policies of the General Plan.

2. The exterior design and appearance of the project maintains a similar relationship to the surrounding areas, and is consistent with the pre-existing fabric of the area in which it is located.

3. Previously nonconforming aspects of buildings and structures have been diminished to the extent feasible.

(Ord. 2006-02 § 2 (part), 2006: Ord. 90-15 § 2 (part), 1990).

Part 21: WATERCOURSE DEVELOPMENT PERMIT

24.08.2100 PURPOSE.

The purpose of this part is to carry out the goals of the City-Wide Creeks and Wetlands Management Plan by applying development standards to lands adjacent to watercourses within the city of Santa Cruz that will enhance and protect watercourse functions and values. This part of the zoning title is also part of the Local Coastal Implementation Plan.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2110 GENERAL PROVISIONS.

1. Applicability. The watercourse development permit requirements of this part apply to every zoning district within the city of Santa Cruz. Refer to the City-Wide Creeks and Wetlands Management Plan to determine the category and development setback areas for each individual watercourse.

2. Definitions.

a. Best Management Practices (BMP). Any program, technology, process, siting criteria, operating method, measure or device which controls, prevents, removes or reduces discharge of pollutants or sediments into bodies of water.

b. Centerline of Creek. The midpoint of a creek channel as determined by taking the midpoint of the bank-full width. Bank-full width is the lateral extent of water surface at the point where the channel is completely filled to a point above which water would spill onto the floodplain.

c. Development. For the purpose of this part the term “development” shall include any work requiring a use, building, grading, or public works permit; the placement of a fence, wall, retaining wall, steps, deck, patio, any accessory structures, or walkway; grading, relocation or removal of stones from the creek channel; bank stabilization or repair structures; and certain landscape changes occurring within the management area.

d. Development Setback Area. The distance from the centerline of the watercourse and the edge of development, which provides a buffer between new development and the riparian corridor and watercourse.

e. Integrated Pest Management (IPM). An approach to pest management that relies primarily on nonchemical means (such as controlling climate, food sources, and building entry points) to prevent and manage pest infestation.

f. Management Area. The area of city permitting authority adjacent to watercourses that includes the riparian corridor, development setback area and extends twenty-five feet beyond the edge of the development setback area.

g. Riparian Corridor. The width of riparian vegetation and/or immediate watercourse influence area, measured outward from the centerline of the watercourse.

h. Vegetation Removal, Major. Clearing of woody and non-woody vegetation canopy cover or herbaceous ground cover that does not meet the definition of minor vegetation removal; removal of any native (indigenous) annual or perennial woody or non-woody species within the riparian area; or pruning, trimming, cutting off, or removal of greater than twenty-five percent of the crown of any tree within a three-year period. Major vegetation removal is allowable under certain limited conditions for prevention of serious fire hazards, prevention of noxious weed infestation (provided, that erosion control measures are implemented and the cleared area is replanted/reestablished and seeded with appropriate native species to reduce the potential for erosion), or for other projects allowed under the watercourse development permit procedures.

i. Vegetation Removal, Minor. Routine trimming of plant material; pruning of tree branches totaling less than twenty-five percent of the crown within a three-year period; removal of nonnative invasive species of brush, annual or perennial vegetation, and herbaceous grass species that out compete or suppress existing native vegetation; provided, that sufficient vegetation remains to prevent erosion (bare soil shall not be left exposed); or the removal of vegetation as authorized by the planning director or his/her designee to alleviate an existing hazardous condition. Minor vegetation removal is permissible only for routine maintenance, increasing interior light and air circulation, improving tree structure, controlling plant disease or decay, promoting longevity of vegetation, habitat enhancement and under certain conditions, for fire safety and prevention. Minor vegetation removal does not include removal of mature eucalyptus trees in known monarch butterfly habitat areas.

j. Watercourse Categories. All watercourses and watercourse reaches included within the City-Wide Creeks and Wetlands Management Plan are categorized as either an “A,” “B” or “C” watercourse. This designation is based on the quality of the riparian corridor associated with each watercourse.

k. Wetland. An area that is: (1) identified as a known wetland or area of ponding water that needs further site-specific review by the City-Wide Creeks and Wetlands Management Plan or (2) identified as part of a review process as inundated or saturated by surface or groundwater at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted to life in saturated soil conditions (hydrophytes).

l. Wetland (Coastal Zone). An area that is (1) identified as a known wetland or area of ponding that needs further site-specific review as described in the City-Wide Creeks and Wetlands Management Plan or (2) identified as part of a review process as having at least one of the following three attributes: (A) land that supports predominantly hydrophytic cover; (B) soil that is is predominantly hydric; (C) or in the case of wetlands without vegetation or soils, land that is flooded or saturated at some time during years of normal precipitation.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2120 PROCEDURE.

The zoning administrator may approve a watercourse development permit without a hearing in accordance with the findings in Section 24.08.2190 unless it is accompanied by an application that must be heard by a higher body (planning commission or city council).

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2130 GENERAL REQUIREMENT.

The City-Wide Creeks and Wetlands Management Plan identifies and categorizes all watercourses in the city and establishes a riparian corridor, development setback area, and management area for each watercourse. A watercourse development permit shall be required as specified by Section 24.08.2150, except as provided for in Section 24.08.2140, Exemptions. Emergency projects are required to comply with Section 24.08.2160. All projects must comply with the watercourse development standards as described in Section 24.08.2180, except for projects that are listed as exempt in Section 24.08.2140, unless approval of a watercourse variance is obtained in accordance with Section 24.08.2210.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2140 EXEMPTIONS.

Certain types of projects that clearly would not impact riparian resources and support the goals of the City-Wide Creeks and Wetlands Management Plan are exempted from the watercourse development permit requirements (in the coastal zone, the following list of projects are exempt only if the criteria of Section 24.08.230.1 regarding coastal permit exemptions are met). Such projects should incorporate applicable best management practices in the project design. In situations where it is unclear whether a project is eligible for an exemption under this section, the determination would be made by the zoning administrator in accordance with the goals of the City-Wide Creeks and Wetlands Management Plan. The following projects are eligible for an exemption:

1. Development and structural improvements to include the following:

a. Any development on parcels that have been identified within a Category “C” watercourse in the City-Wide Creeks and Wetlands Management Plan.

b. Development projects within a Category “B” watercourse located outside of the designated riparian corridor and development setback area (in the remaining management area).

c. Any development adjacent to a closed culverted section of a watercourse.

d. Any development on a parcel that either:

i. Has an established road right-of-way between the subject parcel and the watercourse (where the development would occur); or

ii. Has a separate parcel with legal development that is located between the subject parcel and the watercourse (where the development would occur).

e. Interior remodeling of an existing legal structure within the existing structure footprint.

f. Repair and maintenance of existing legal structures.

g. Demolition of existing structures outside the riparian corridor, in accordance with city demolition regulations; provided, that no mechanized machinery is utilized and no disturbance occurs within the riparian corridor.

h. Reconstruction of a damaged nonconforming structure where nonconformance only relates to watercourse setbacks, provided applicable watercourse development standards are implemented.

2. Exterior improvements, to include the following:

a. Exterior treatments such as painting, roofing, surface treatments, window replacement, etc., that do not increase the density or intensity of land use, or increase surface coverage.

b. Exterior safety lighting in the development setback area such as low-level walkway lighting, motion detector security lighting, driveway lighting, and entry lighting that is hooded and directed downward, away from the watercourse. Lighting shall be prohibited within the designated riparian corridor.

c. Open-style fencing (e.g., wire strand or split rail) that permits the free passage of wildlife limited to the outer edge of the riparian corridor. Fencing must otherwise meet the regulations in Section 24.12.160.

d. Installation of pervious surfaces (outside of the riparian corridor), including at-grade decks, patios, and walkways, when the total square footage is less than twenty-five percent of the development setback area; provided, that the pervious surfaces meet those requirements specified in the Watercourse Development Standards. The total percentage allowed includes both existing and new surfaces.

3. Landscaping and vegetation, to include the following:

a. Landscaping with non-native vegetation using noninvasive species, within the development setback area, as recommended in the City-Wide Creeks and Wetlands Management Plan.

b. Minor vegetation removal as defined in Section 24.08.2110, except for mature eucalyptus trees in known monarch butterfly habitat areas.

c. Thinning of riparian vegetation within a flood or high fire hazard area, except for mature eucalyptus trees in known monarch butterfly habitat areas, when required by the fire department for public safety with review and approval of a fire-vegetation management plan or when required by the public works department for flood protection maintenance with review and approval of a maintenance plan.

d. Removal of tree(s) that are hazardous or likely to have an adverse effect upon the structural integrity of a building, utility, or public right-of-way, or a tree that has the physical condition of health such as disease or infestation which warrants alteration or removal, in accordance with Chapter 9.56 of this code and with a plan prepared by a qualified professional.

e. Removal of impervious surfaces outside of the riparian corridor.

f. Mowing and grazing on public lands (outside of the riparian corridor in the Coastal Zone), consistent with an adopted parks or fire management plan.

4. Roads, public facilities and utilities, to include the following:

a. Road maintenance of existing legal public roads, private roads and driveways (no expansion or improvements).

b. Construction of public trails and bridges on public lands, consistent with an adopted parks master plan or management plan, including the location and siting of trails and bridges.

c. Installation and improvements to non-structural BMPs within the development setback area.

d. Repair, maintenance, or minor alteration of existing public utility, drainage, flood control, and water storage and provision facilities, including pumps and other appurtenant structures where there is no or negligible expansion of use.

5. Other projects, to include the following:

a. Projects that concurrently are reviewed and approved by another authorizing permitting agency (CDFG, NOAA, USFWS or ACOE) for maintenance, flood protection, restoration or enhancement of a natural resource where the regulatory process involves procedures for protection of the environment, provided proof of permit approval is submitted to the planning director.

b. Removal of fish passage barriers and installation of in-stream aquatic habitat enhancement structures, in accordance with a plan for said activities prepared by a qualified professional and approved by the planning director.

c. Interpretative signage designed to provide information about the value and protection of the resource that is limited to the outer edge of the riparian corridor, and must meet other city sign regulations.

d. Installation of new and maintenance of existing water flow gauges.

e. Water quality testing.

f. Continued operation and maintenance of existing cemetery plots.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2150 PERMIT PROCEDURES.

A. Watercourse Development Permit Required.

1. The following projects are permitted in the riparian corridor (as identified in the City-Wide Creeks and Wetlands Management Plan) subject to the approval of a watercourse development permit:

a. Watercourse and wetland restoration in accordance with a plan prepared by a qualified professional.

b. Minor vegetation removal, vegetation thinning or tree removal involving eucalyptus trees in monarch butterfly habitat areas where it is demonstrated that no adverse impacts to habitat would occur.

c. Major vegetation removal as defined in Section 24.08.2110.

d. Removal of non-hazardous trees, (i.e., invasive species and/or for habitat or fire management) in accordance with Chapter 9.56 of this code and a plan prepared by a qualified professional.

e. Removal of impervious surfaces.

f. Demolition of existing structures, in accordance with city demolition regulations, provided no mechanized machinery is used.

g. Installation of and improvements to non-structural stormwater BMPs, provided riparian vegetation is avoided whenever possible.

h. Channel bank protection and the repair of existing channel bank protection structures, utilizing the concepts of biotechnical bank stabilization to the maximum extent feasible in consultation with a qualified professional, and “soft” measures (e.g., landscaping with appropriate native plants that will provided bank stabilization) rather than hardened structures, where possible.

i. Improvements to existing roads, trails, and crossings, including replacement of existing bridge footings and abutments, as well as consideration of new footings, when studies prepared by qualified professionals demonstrate that the existing or new bridge footings and abutments will not substantially decrease biological values, cause an increase in floodwater surface elevations, redirect flow, or cause erosion to an extent greater than the existing structure, except for uses on public lands that are consistent with an adopted parks master plan or management plan.

j. Public works facilities, including but not limited to the installation of new, replacement of existing, or major improvements to existing underground pipes, culverts or other public facilities that are not exempt; or improvements to existing intake and outfall lines, when special studies have been submitted and approved by the planning director.

k. Channel maintenance, including, but not limited to, vegetation management and removal of downed trees, in accordance with a channel maintenance plan prepared by a qualified professional and approved by the planning director.

l. Flood protection where no other method for protecting existing structures in the floodplain is feasible and where such protection is necessary for public safety or to protect existing legal development, when special studies prepared by qualified professionals demonstrate that the flood protection use shall not diminish creek capacity, percolation rates, or habitat values, if applicable. Channel redirection or hardening may be permitted only if less intrusive flood control/bank stabilization designs have been considered and have been found to be technically infeasible, including, but not limited to, integrated bank repair structures, vegetation, vegetative erosion control, and soil bioengineering.

m. Under channel borings at sufficient depth when special studies prepared by qualified professionals have been submitted and approved by the planning director that demonstrate that the under channel borings will result in no adverse impact to the watercourse, riparian corridor, or the development setback area.

n. Property line fences designed to allow passage of water, prevent obstruction of the channel and protect riparian vegetation.

2. The following projects are permitted in the development setback area (as identified in the City-Wide Creeks and Wetlands Management Plan) subject to the approval of a watercourse development permit:

a. Projects a, c, d, g, i, j, and n listed in subsection (A)(1) of this section.

b. Upper floor additions to existing legal structures (where permitted in this title) within the existing footprint area.

c. Solid fencing that meets the city fencing regulations.

d. Installation of or improvements to structural stormwater BMPs.

e. Kennels and animal containment areas that comply with stormwater BMPs.

f. Retaining walls.

3. The following projects are permitted in the management area (as identified in the City-Wide Creeks and Wetlands Management Plan) subject to the approval of a watercourse development permit:

a. All projects within Category “A” watercourses that are not otherwise eligible for an exemption.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2160 EMERGENCY PROJECTS.

If an emergency measure is required to protect life and property from imminent danger, or to restore, repair, or maintain public works, utilities, or services during and/or immediately following a disaster or serious accident, a watercourse development permit or watercourse variance may be issued after the emergency; provided, that: (a) within three days of the disaster or discovery of danger the planning director is notified, agrees it qualifies as an emergency and a preliminary application is filed containing the nature of the disaster and the type and location of work to be performed; and (b) that within thirty days a completed application for the necessary permits is filed. It should be noted that permits may be required by other agencies.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2170 PROHIBITIONS.

The following uses and activities are prohibited within watercourses:

1. Obstructions and diversions within any category watercourse.

2. Channel redirection and hardening within any Category “A” watercourse unless other measures prove infeasible.

3. Planting non-native, invasive species within a riparian corridor.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2180 WATERCOURSE DEVELOPMENT STANDARDS.

Projects or activities that are listed in Section 24.08.2150 as permitted or exempted uses would be required to comply with the following applicable watercourse development standards:

1. Use of Permeable Paving Materials.

a. Permeable paving materials to be considered, where feasible, with suggested materials outlined in the City-Wide Creeks and Wetlands Management Plan.

b. Pedestrian surfaces, such as walkways or patios, shall be constructed with loose aggregate, wooden decks with spacing between, or well-spaced paving stones.

2. Drainage and Water Quality Protection.

a. Drainage from impervious surfaces shall be directed into a city-approved drainage system consistent with the city’s urban runoff program and Chapter 16.19 of this code (i.e., use of drainage swales, filter swales, small detention basins, percolation pits, and french drains). Percolation of storm runoff on site through vegetated swales, percolation pits, retention basins, permeable paving materials, or other similar methods to slow and clean runoff being discharged directly into the creek corridor shall be encouraged, where appropriate hydrologic conditions exist. Direct impermeable connections shall be discouraged.

b. The following measures shall be implemented, as appropriate, to protect the water quality of watercourses and wetlands:

i. Apply native or other appropriate erosion-control hydroseed mix at all locations with exposed soil and slopes greater than five percent.

ii. Implement BMPs, including erosion control, for stormwater runoff during project design and construction, as described in greater detail in the department of public works’ Best Management Practices Manual.

iii. Initiate bank stabilization projects that will minimize channel erosion when a project entails work on a bank (see bank protection and erosion control standards), which may require a watercourse development permit.

3. Planting Restrictions.

a. Only native riparian and wetland plant species are allowed to be planted in the designated riparian corridor. The City-Wide Creeks and Wetlands Management Plan provides a list of some suitable plant species and revegetation guidelines.

4. Appropriate Lighting.

a. Lighting shall be prohibited within the designated riparian corridor, except for lighting on public lands and facilities for safety and security, consistent with an adopted management plan.

b. Limited exterior safety lighting in the development setback area shall be allowed, including: low-level walkway lighting; motion detector security lighting; driveway lighting; and entry lighting.

c. All lighting shall be hooded and directed downward and away from the watercourse/wetland.

5. Habitat Enhancement.

a. Prohibit mowing, clearing, or stripping riparian vegetation.

b. The following measures are required for Category “A” watercourses:

i. Expand and enhance riparian vegetation to meet designated riparian corridor width. Plant a variety of appropriate native riparian species including ground covers, shrubs, trees and native flowering plants to attract beneficial insects. Riparian vegetation should be planted in such a manner to facilitate filtration of pollutants from storm runoff.

ii. Prohibit clearing of native understory vegetation to create open areas, except as otherwise permitted pursuant to Sections 24.08.2110(2)(h) and 24.08.2110(2)(i).

iii. Prohibit planting non-native, invasive species.

iv. Remove or control the spread of non-native, invasive species.

v. Within landscaped areas, use integrated pest management methods that encourage the use of non-chemical methods for weed removal; least-toxic pesticides may be used if alternative pest management techniques do not work (references are included in the City-Wide Creeks and Wetlands Management Plan).

6. Construction Best Management Practices. Implement Best Management Practices (BMPs) during construction to protect water quality in adjacent watercourses in accordance with city requirements (see appendices in the City-Wide Creeks and Wetlands Management Plan).

7. Management in High Fire Hazard Areas. In areas deemed a fire hazard area, riparian vegetation within the riparian corridor and development setback area is protected under the City-Wide Creeks and Wetlands Management Plan. The following measures shall be implemented, as appropriate:

a. Protect riparian vegetation within the riparian corridor and development setback area.

b. Prohibit planting of combustible vegetation in high fire hazard areas.

c. New development within high fire hazard areas that offers inadequate distance for fire protection shall be responsible for fire prevention activities, such as visible house numbering, use of fire-resistant and fire-retardant building and landscape materials, in addition to responsible management.

d. Increased setbacks may also be required in these areas where fire protection standards are inadequate to separate the structure(s) from wildfire hazards, rather than clearing of vegetation.

8. Erosion Control Measures. Erosion control shall be employed, specifically when a project entails work on or immediately adjacent to a watercourse bank, to protect water and reduce the amount of sediment entering watercourses and wetlands, as well as minimize adverse water quality, riparian and wetland impacts.

a. Implement erosion control measures, including hydro-seeding and revegetation, as outlined in and consistent with measures in the City-Wide Creeks and Wetlands Management Plan.

b. Channel bank protection, repair, and stabilization structures shall utilize the concepts of biotechnical bank stabilization to the maximum extent feasible, as set forth in the City-Wide Creeks and Wetlands Management Plan. If hard surfaces are used and riparian vegetation is removed, revegetation of adjacent disturbed area with riparian vegetation shall be required.

9. A pre-construction nesting survey shall be conducted by a qualified wildlife biologist if construction, including tree removal, is scheduled to begin between March and late July adjacent to bird habitat areas identified in the City-Wide Creeks and Wetlands Management Plan, to determine if nesting birds are in the vicinity of the construction sites. If nesting raptors are found, construction may need to be delayed until late-August or after the wildlife biologist has determined the nest is no longer in use or unless a suitable construction buffer zone can be identified by the biologist.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2190 FINDINGS REQUIRED.

A watercourse development permit shall be granted when the following findings can be made:

1. The development and the project as a whole is consistent with the City-Wide Creeks and Wetlands Management Plan.

2. That the development is permitted per Section 24.08.2150 or that the zoning administrator has determined that the project is in substantial conformance with the listed permitted uses.

3. That the development complies with the applicable watercourse development standards stated in Section 24.08.2180.

4. That the project has met the requirements of all other reviewing agencies including but not limited to state and federal government requirements.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

Part 22: WATERCOURSE VARIANCE

24.08.2200 PURPOSE.

The purpose of this part is to allow variation from the watercourse setbacks or development standards as outlined in Sections 24.08.2130 and 24.08.2180.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2210 GENERAL PROVISIONS.

A watercourse variance shall be granted when, because of special circumstances applicable to the subject property, the strict application of the watercourse setbacks or development standards denies a property owner privileges enjoyed by other watercourse property owners in the vicinity or creates an unnecessary hardship or unreasonable regulation which makes it obviously impractical to require compliance with applicable watercourse setback or development standards.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2220 PROCEDURE.

Applications for a watercourse variance shall be acted upon by the planning commission at a public hearing unless the watercourse variance is accompanied by an application which must be heard by the city council.

The watercourse variance shall be accompanied by the following data and reports, as applicable:

1. Site-specific biotic and hydrologic studies prepared by qualified professionals submitted by the applicant that justify the requested narrower setback or other exceptions to the watercourse development standards requested from a biotic, hydrologic, and/or geomorphic standpoint. The studies must demonstrate that requested setbacks and exceptions to the watercourse development standards will ensure the following:

a. Provide adequate area to contain stormwater flows and provide water quality improvements;

b. Protect existing biological values of the watercourse corridor such as shade provision, water temperature maintenance, nutrient filtering, wildlife movement corridors, unimpeded fish movement, and wildlife habitat;

c. Maintain opportunities for restoration and enhancement, if the area lends itself to restoration or enhancement (contiguous to other habitat, able to sustain riparian area, etc.);

d. No special status plants or wildlife species, are present within that portion of the setback area requested to be disturbed or narrowed.

2. A vegetation management plan prepared by a qualified biologist, arborist or restoration specialist that identifies native and non-native trees and shrubs to be removed. The plan shall identify the location, limits, and square footage of the proposed vegetation management, the specific size (diameter at breast height and tree height), the species of native and non-native trees to be managed, their condition and health, and the reason for their removal. The plan shall also propose the method of removal (cutting, mowing, spraying).

3. An erosion control plan for the portion of the project for which a watercourse variance is requested (prepared in accordance with the requirements of the City-Wide Creeks and Wetlands Management Plan) and Section 24.14.060(4) of the Municipal Code.

4. A restoration and enhancement plan, prepared by a qualified professional for restoration or enhancement of the proposed narrower setback, including riparian vegetation and fisheries enhancement, and a statement that the applicant has committed to implement the plan. The plan shall also describe how the replanted vegetation shall be monitored.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

24.08.2240 FINDINGS REQUIRED.

In approving a watercourse variance, it shall be determined by the hearing body that:

1. There are exceptional or extraordinary circumstances or conditions applicable to the subject watercourse site that do not generally apply to other watercourse parcels.

2. Granting the variance is necessary for the preservation and enjoyment of a substantial property right of the applicant and to prevent unreasonable property loss or unnecessary hardship. In allowing a reduction to the minimum setback, the variance is allowed only to the point at which a principal permitted use (which has been modified as much as is practical from a design standpoint) can be accommodated.

3. In granting a variance to allow a reduction in the minimum setbacks provided in the City-Wide Creeks and Wetlands Management Plan, the setbacks have only been reduced to the point at which a principal permitted use (modified as much as is practical from a design standpoint) can be accommodated.

4. Granting the variance would not be detrimental or injurious to property or improvements in the vicinity of the subject site or to the health, safety and welfare of the watercourse directly affected by this application.

5. Granting the variance is in conformance with all other goals, policies and objectives of City-Wide Creeks and Wetlands Management Plan.

(Ord. 2008-03 § 1 (part), 2008: Ord. 2006-02 § 2 (part), 2006).

Part 23: Repealed by Ord. 2022-18 § 11.

Part 25: DEVELOPMENT AGREEMENTS

24.08.2500 PURPOSE.

The purpose of development agreements is to enable the city to enter into binding agreements with respect to development project approvals. These provisions are intended to minimize uncertainties in the multilevel approval process for complex and long-term development projects as well as provide a means for the city to secure necessary and related public and/or private improvements. This part is intended to reflect state law regarding development agreements, commencing with Section 65864 of the Government Code.

(Ord. 93-40 § 1 (part), 1993).

24.08.2510 APPLICATIONS AND FEES.

The city may enter into development agreements with persons having legal or equitable interest in real property within the city’s jurisdiction. The city may also enter into a development agreement with any person having legal or equitable interest in real property in unincorporated territory within the city’s sphere of influence. In the later case, the agreement will not be operative unless proceedings annexing the property to the city are completed within the period of time specified by the agreement. If the territory covered by a county development agreement is annexed by the city, the agreement will be valid for its original duration or eight years from the date of incorporation, whichever is earlier.

The city shall establish, and from time to time may amend, a schedule of fees to cover the city’s costs of processing applications for development agreements.

(Ord. 93-40 § 1 (part), 1993).

24.08.2520 REQUIRED CONTENT.

Development agreements must specify:

(1) Duration of the agreement;

(2) Permitted uses of the property;

(3) Density or intensity of use;

(4) Maximum height and size of proposed buildings;

(5) Any reservation or dedication of land for public purposes, including, but not limited to, rights-of-way, open space, and public access easements;

(6) Rules, regulations and policies that will apply to the agreement;

(7) Exceptions from existing standard zoning regulations or other development standards, based on appropriate findings contained in the development agreement; and

(8) The time schedule for periodic review.

(Ord. 93-40 § 1 (part), 1993).

24.08.2530 OPTIONAL CONTENT.

Development agreements may also:

(1) Include the conditions, terms, restrictions, and requirements for subsequent discretionary actions;

(2) Provide that such stipulations shall not prevent development of land with regard to the uses, densities, and intensities set forth in the agreement;

(3) Specify the timing of project construction; and

(4) Set forth the terms and conditions relating to applicant financing of necessary public facilities and subsequent reimbursement over time.

(Ord. 93-40 § 1 (part), 1993).

24.08.2540 LIMITATIONS OF A DEVELOPMENT AGREEMENT.

A development agreement shall not prevent the city, in subsequent actions applicable to the property, from applying new rules, regulations, and policies that do not conflict with those rules, regulations and policies applicable to the property as set forth herein, nor shall a development agreement prevent the city from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations, and policies. State and federal laws or regulations, enacted after a development agreement has been entered into, that prevent or preclude compliance with one or more provisions of the development agreement, will require that provisions of the agreement be modified or suspended as may be necessary to comply with such state or federal laws or regulations.

(Ord. 93-40 § 1 (part), 1993).

24.08.2550 CEQA AND CONSISTENCY REQUIREMENTS.

A development agreement is subject to CEQA and must also be consistent with the city’s adopted General Plan, the certified Local Coastal Program, and any applicable specific plan.

(Ord. 93-40 § 1 (part), 1993).

24.08.2560 PUBLIC NOTICE.

Notice for public hearings on an application for a development agreement shall be given according to the standard notice procedures of Chapter 24.04.100.

(Ord. 2006-08 § 7, 2006: Ord. 93-40 § 1 (part), 1993).

24.08.2570 ADOPTION, AMENDMENTS AND REPEALS.

A development agreement is a legislative act that shall be approved by ordinance and is subject to referendum. Public hearings on an application for a development agreement shall be held by the planning commission or zoning board, as most appropriate for the project under consideration, for the purpose of making a recommendation to the city council. The city council shall take final action on any development agreement processed under this section.

In recommending approval or adopting a development agreement, the acting body shall make findings that the proposed development agreement:

1. Is consistent with the objectives, policies, general land uses and programs specified in the General Plan, the Local Coastal Program (if applicable) and any applicable specific plan;

2. Is compatible with uses authorized in and the regulations prescribed for, the land use district in which the real property is located;

3. Is in conformity with public convenience, general welfare and good land-use practice.

A development agreement may be amended, or canceled in whole or in part, by mutual consent of the parties to the agreement or their successors in interest. Notice of intention to amend or cancel any portion of the agreement shall require a public hearing and appropriate legislative action. Where the city initiates an amendment or cancellation in whole or in part of the development agreement, the city shall give notice to the property owner of its intention to initiate such proceedings at least ten days in advance of giving public notice.

(Ord. 93-40 § 1 (part), 1993).

24.08.2580 RECORDATION.

Within ten days after the city enters into a development agreement, the city clerk shall have the agreement recorded with the county recorder. Actions amending, modifying, canceling or terminating the development agreement shall also be recorded by the city clerk with the county recorder.

(Ord. 93-40 § 1 (part), 1993).

24.08.2585 COMPLIANCE.

The city shall periodically review, at least every twelve months, the applicant’s or successor in interest’s compliance with the terms of the development agreement. The planning director shall give public notice of periodic review at least ten days in advance of the time at which the matter will be considered at a public hearing of the city council. If, as a result of such periodic review, the city finds and determines on the basis of substantial evidence that the applicant or successor in interest has not complied in good faith with terms or conditions of the agreement, the local agency may terminate or modify the agreement.

(Ord. 93-40 § 1 (part), 1993).

24.08.2590 TENTATIVE MAP.

A tentative map on property subject to a development agreement may be extended for the period of time provided for in the agreement, but not beyond the duration of the agreement.

(Ord. 93-40 § 1 (part), 1993).