Chapter 13.10
ZONING REGULATIONS Amended pending Coastal Commission approval Ord. 5401Ord. 5403 Ord. 5423 Ord. 5425 Ord. 5429
Sections:
Part I. AUTHORITY AND PURPOSE
13.10.110 Title of chapter. Amended pending Coastal Commission approval Ord. 5423
13.10.120 Purpose. Amended pending Coastal Commission approval Ord. 5423
13.10.130 Scope. Amended pending Coastal Commission approval Ord. 5423
13.10.140 Applicability. Amended pending Coastal Commission approval Ord. 5423
13.10.150 Amendment. Amended pending Coastal Commission approval Ord. 5423 Repealed pending Coastal Commission approval Ord. 5429
13.10.160 Environmental protection. Amended pending Coastal Commission approval Ord. 5423 Repealed pending Coastal Commission approvalOrd. 5429
13.10.170 General Plan consistency. Amended pending Coastal Commission approval Ord. 5423 Repealed pending Coastal Commission approvalOrd. 5429
13.10.180 Zoning map. Added pending Coastal Commission approvalOrd. 5423
13.10.185 Zoning map amendment. Added pending Coastal Commission approvalOrd. 5423
Part II. ORDINANCE AND PERMIT ADMINISTRATION
13.10.210 Zoning plan. Repealed pending Coastal Commission approval Ord. 5423
13.10.215 Zoning plan amendment. Repealed pending Coastal Commission approval Ord. 5423 Ord. 5429
13.10.220 Use approvals. Amended pending Coastal Commission approval Ord. 5423
13.10.225 Emergency use approval. Amended pending Coastal Commission approval Ord. 5423
13.10.227 Site development permit. Added pending Coastal Commission approval Ord. 5423
13.10.230 Variance approvals. Amended pending Coastal Commission approval Ord. 5423
13.10.235 Minor exceptions. Amended pending Coastal Commission approval Ord. 5423
13.10.240 Previous permits. Amended pending Coastal Commission approval Ord. 5423
13.10.250 Interpretation. Amended pending Coastal Commission approval Ord. 5423
13.10.260 Nonconforming uses and structures—General provisions. Amended pending Coastal Commission approval Ord. 5423
13.10.261 Nonconforming uses. Amended pending Coastal Commission approval Ord. 5423
13.10.262 Nonconforming structures. Amended pending Coastal Commission approval Ord. 5423
13.10.275 Violations of zoning use regulations.
13.10.276 Violations of conditions of development permits authorizing uses and variances. Amended pending Coastal Commission approval Ord. 5423
13.10.277 Violations of development standards.
13.10.278 Violations of density limitations.
13.10.279 Continuing violations.
13.10.280 Enforcement penalties, remedies and procedures for violations.
Part III. DISTRICTS
Article I. Agricultural Districts
13.10.311 Purposes of agricultural districts. Amended pending Coastal Commission approval Ord. 5423
13.10.312 Uses in agricultural districts (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
13.10.312 Uses in agricultural districts (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401Ord. 5423
13.10.313 Development standards. Amended pending Coastal Commission approval Ord. 5423
13.10.314 Required special findings for CA and AP uses. Amended pending Coastal Commission approval Ord. 5423
13.10.315 CA and AP land division criteria. Amended pending Coastal Commission approval Ord. 5423
13.10.316 Land division criteria in the Agriculture (A) Zone District. Added pending Coastal Commission approval Ord. 5423
13.10.317 Minimum parcel sizes for lot line adjustments. Added pending Coastal Commission approval Ord. 5423
13.10.318 Agricultural Policy Advisory Commission review. Added pending Coastal Commission approval Ord. 5423
13.10.319 Other standards and conditions for agricultural districts. Added pending Coastal Commission approval Ord. 5423
Article II. Residential Districts
13.10.321 Purposes of residential districts. Amended pending Coastal Commission approval Ord. 5423
13.10.322 Residential uses (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
13.10.322 Residential uses (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401Ord. 5423
13.10.323 Development standards for residential districts. Amended pending Coastal Commission approval Ord. 5423
13.10.324 Design and operating criteria for congregate senior housing. Amended pending Coastal Commission approval Ord. 5423
13.10.324.1 Public facilities requirements for residential districts. Repealed pending Coastal Commission approval Ord. 5423
13.10.325 Large dwelling permit requirements and design guidelines. Amended pending Coastal Commission approval Ord. 5423
13.10.326 Residential density bonus for affordable housing. Amended pending Coastal Commission approval Ord. 5423
Article III. Commercial Districts
13.10.331 Purposes of commercial districts. Amended pending Coastal Commission approval Ord. 5423
13.10.332 Commercial uses (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
13.10.332 Commercial uses (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401Ord. 5423
13.10.333 Development standards for commercial districts. Amended pending Coastal Commission approval Ord. 5423
13.10.334 Public facilities requirements for commercial districts. Amended pending Coastal Commission approval Ord. 5423
13.10.335 Special standards and conditions for commercial districts. Amended pending Coastal Commission approval Ord. 5423
13.10.336 Other standards and conditions for commercial districts. Added pending Coastal Commission approval Ord. 5423
Article IV. Industrial Districts
13.10.341 Purposes of industrial districts. Amended pending Coastal Commission approval Ord. 5423
13.10.342 Uses in industrial districts (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
13.10.342 Uses in industrial districts (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401Ord. 5423
13.10.343 Development standards for industrial districts. Amended pending Coastal Commission approval Ord. 5423
13.10.344 Public facilities requirements for industrial districts. Amended pending Coastal Commission approval Ord. 5423
13.10.345 Special standards and conditions. Amended pending Coastal Commission approval Ord. 5423
13.10.346 Other standards and conditions for industrial districts. Added pending Coastal Commission approval Ord. 5423
Article V. Parks, Recreation and Open Space PR District
13.10.351 Purposes of the Parks, Recreation and Open Space PR District.
13.10.352 Parks, recreation and open space uses (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
13.10.352 Parks, recreation and open space uses (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401Ord. 5423
13.10.353 Development standards in the Parks, Recreation and Open Space PR District. Amended pending Coastal Commission approval Ord. 5423
13.10.354 Design criteria for the Parks, Recreation and Open Space PR District. Amended pending Coastal Commission approval Ord. 5423
13.10.355 Special standards and conditions. Amended pending Coastal Commission approval Ord. 5423
13.10.356 Other standards and conditions for the Parks, Recreation and Open Space PR District. Added pending Coastal Commission approval Ord. 5423
Article VI. Public and Community Facilities PF District
13.10.361 Purposes of the Public and Community Facilities PF District. Amended pending Coastal Commission approval Ord. 5423
13.10.362 Public and community facilities uses (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
13.10.362 Public and community facilities uses (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401Ord. 5423
13.10.363 Development standards in the Public and Community Facilities PF District. Amended pending Coastal Commission approval Ord. 5423
13.10.364 Design criteria for the Public and Community Facilities PF District. Amended pending Coastal Commission approval Ord. 5423
13.10.365 Special standards and conditions. Amended pending Coastal Commission approval Ord. 5423
13.10.366 Other standards and conditions for the Public and Community Facilities PF District. Added pending Coastal Commission approval Ord. 5423
Article VII. Timber Production TP District
13.10.371 Purposes of the Timber Production TP District.
13.10.372 Uses in the Timber Production TP District (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
13.10.372 Uses in the Timber Production TP District (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401Ord. 5423
13.10.373 Development standards for the Timber Production TP District. Amended pending Coastal Commission approval Ord. 5423
13.10.374 Design criteria for the Timber Production TP District. Amended pending Coastal Commission approval Ord. 5423
13.10.375 Special standards and conditions for the Timber Production TP District. Amended pending Coastal Commission approval Ord. 5423
13.10.376 Public notification requirements. Amended pending Coastal Commission approval Ord. 5423
13.10.377 Other standards and conditions for the Timber Production TP district. Added pending Coastal Commission approval Ord. 5423
13.10.378 Timber harvest related helicopter operations. Repealed pending Coastal Commission approval Ord. 5423
Article VIII. Special Use SU District
13.10.381 Purposes of the Special Use SU District.
13.10.382 Uses in the Special Use SU District. Amended pending Coastal Commission approval Ord. 5423
13.10.383 Development standards for the Special Use SU District. Amended pending Coastal Commission approval Ord. 5423
13.10.384 Design criteria for the Special Use SU District. Amended pending Coastal Commission approval Ord. 5423
13.10.385 Special standards and conditions for the Special Use SU District. Amended pending Coastal Commission approval Ord. 5423
13.10.386 Other standards and conditions for the Special Use SU district. Added pending Coastal Commission approval Ord. 5423
13.10.390—
Part IV. COMBINING ZONE DISTRICTS
13.10.400 Combining zone districts. Amended pending Coastal Commission approval Ord. 5423
Article I. D Designated Park Site Combining District
13.10.416 Purposes of the D Designated Park Site Combining Zone District.
13.10.417 Designation of the D Designated Park Site Combining District.
13.10.418 Use and development standards in the D Designated Park Site Combining District.
Article II. GH Geologic Hazards Combining District
13.10.421 Purposes of the Geologic Hazards GH Combining District.
13.10.422 Designation of the Geologic Hazard GH Combining District.
13.10.423 Use and development standards in the Geologic Hazards GH Combining District.
Article II-A. PRH Permanent Room Housing Combining District
13.10.425 Purposes of the Permanent Room Housing PRH Combining District.
13.10.426 Designation of the Permanent Room Housing PRH Combining District.
13.10.427 Use and development standards in the Permanent Room Housing PRH Combining District.
13.10.428 Application processing.
Article III. H Assisted Housing Combining District
13.10.431 Purposes of the Assisted Housing H Combining District.
13.10.432 Designation of the Assisted Housing H Combining District.
13.10.433 Use and development standards in the Assisted Housing H Combining District.
Article III-A. “SBE” Seascape Beach Estates Combining Zone District
13.10.434 Purpose of the SBE Combining District.
13.10.435 Designation of the SBE Combining District.
13.10.436 Residential development standards in the SBE Combining District.
Article III-B. AIA Airport Combining District
13.10.437 Purpose of the Airport “AIA” Combining District.
13.10.438 Designation of the Airport AIA Combining District.
13.10.439 Use and development standards in the Airport AIA Combining District.
Article IV. I Statement of Intention Combining District
13.10.441 Purposes of the Statement of Intention I Combining District.
13.10.442 Designation of the Statement of Intention I Combining District.
13.10.443 Uses and development standards in the Statement of Intention I Combining District.
Article IV-A. PP Pleasure Point Community Design Combining District
13.10.444 Purposes of the Pleasure Point Community Design PP Combining District.
13.10.445 Designation of the Pleasure Point Community Design PP Combining District.
13.10.448 Nonconforming structures.
Article V. L Historic Landmark Combining District
13.10.451 Purposes of the Historic Landmark L Combining District.
13.10.452 Designation of the Historic Landmark L Combining District.
13.10.453 Use and development standards in the Historic Landmark L Combining District.
Article VI. MH Mobile Home Park Combining District
13.10.456 Purpose of the Mobile Home Park MH Combining District.
13.10.457 Designation of the Mobile Home Park MH Combining District.
13.10.458 Use and development standards in the Mobile Home Park MH Combining District.
Article VII. O Open Space Easement Combining District
13.10.461 Purposes of the Open Space Easement O Combining District.
13.10.462 Designation of the Open Space Easement O Combining District.
13.10.463 Use and development standards for the Open Space Easement O Combining District.
Article VIII. P Agricultural Preserve and Farmland Security Combining District
13.10.471 Purposes of the Agricultural Preserve and Farmland Security P Combining District. Amended pending Coastal Commission approval Ord. 5423
13.10.472 Designation of the Agricultural Preserve and Farmland Security P Combining District. Amended pending Coastal Commission approval Ord. 5423
13.10.473 Use and development standards in the Agricultural Preserve and Farmland Security P Combining District. Amended pending Coastal Commission approval Ord. 5423
Article VIII-A. Regional Housing Need R Combining District
13.10.475 Purpose of the Regional Housing Need R Combining District.
13.10.476 Density, requirement for planned unit development (PUD), and permit processing standards.
13.10.477 Development standards in the Regional Housing Need R Combining District.
Article IX. SP Salamander Protection Combining District
13.10.481 Purposes of the Salamander Protection SP Combining District.
13.10.482 Designation of the Salamander Protection SP Combining District.
13.10.483 Use and development standards in the Salamander Protection SP Combining District.
Article IX-A. W Watsonville Utility Prohibition Combining District
13.10.491 Purposes of the Watsonville Utility Prohibition W Combining District.
13.10.492 Designation of the Watsonville Utility Prohibition W Combining District.
13.10.493 Use and development standards in the Watsonville Utility Prohibition W Combining District.
Article X. General Site Standards Amended pending Coastal Commission approval Ord. 5425
13.10.510 Application of site standards. Amended pending Coastal Commission approval Ord. 5423
13.10.520 Site frontage. Amended pending Coastal Commission approval Ord. 5423
13.10.521 Site access. Repealed pending Coastal Commission approval Ord. 5425
13.10.525 Regulations for fences and retaining walls within required yards. Amended pending Coastal Commission approval Ord. 5423
13.10.530 Repealed. Repealed pending Coastal Commission approval Ord. 5425
13.10.550 Off-street parking and loading facility regulations. Repealed pending Coastal Commission approval Ord. 5425
13.10.551 Off-street parking facilities required. Repealed Coastal Commission approval Ord. 5425
13.10.552 Schedule of off-street parking space requirements. Repealed pending Coastal Commission approval Ord. 5425
13.10.553 Alternate parking requirements. Repealed pending Coastal Commission approval Ord. 5425
13.10.554 Standards of off-street parking facilities. Repealed pending Coastal Commission approval Ord. 5425
13.10.555 Location of off-street parking facilities. Repealed pending Coastal Commission approval Ord. 5425
13.10.556 Outdoor storage of personal property and materials. Amended pending Coastal Commission approval Ord. 5423
13.10.560 Bicycle parking provisions. Repealed pending Coastal Commission approval Ord. 5425
13.10.570 Off-street loading facilities required. Repealed pending Coastal Commission approval Ord. 5425
13.10.571 Standards for and location of off-street loading facilities. Repealed pending Coastal Commission approval Ord. 5425
13.10.575 Existing uses. Repealed pending Coastal Commission approval Ord. 5425
13.10.576 Reduction of off-street parking and loading facilities. Repealed pending Coastal Commission approval Ord. 5425
13.10.577 Designation of off-site loading facilities. Repealed pending Coastal Commission approval Ord. 5425
13.10.578 Off-street parking and off-street loading. Repealed pending Coastal Commission approval Ord. 5425
13.10.580 Signs in R-1, RB, RR, RA, RM, A, AP, and CA Districts. Amended pending Coastal Commission approval Ord. 5423
13.10.581 Signs in C, CT, VA, PA, PF and M Districts. Amended pending Coastal Commission approval Ord. 5423
13.10.582 Signs in the PR District. Amended pending Coastal Commission approval Ord. 5423
13.10.583 Temporary signs in all districts. Amended pending Coastal Commission approval Ord. 5423
13.10.584 Directional signs. Amended pending Coastal Commission approval Ord. 5423
13.10.585 Nonconforming signs. Amended pending Coastal Commission approval Ord. 5423
13.10.586 Historic identification plaques. Amended pending Coastal Commission approval Ord. 5423
13.10.587 Sign exceptions. Amended pending Coastal Commission approval Ord. 5423
13.10.591 Trip reduction requirements for development projects to be occupied by 50 or more employees. Repealed pending Coastal Commission approval Ord. 5425
13.10.592 Trip reduction requirements for residential development projects of 25 or more housing units. Repealed pending Coastal Commission approval Ord. 5425
Part V. RESERVED
Part VI. REGULATIONS FOR SPECIAL USES
Article I. Accessory, Temporary, and Secondary Structures and Uses
13.10.611 Accessory structures in residential zone districts. Amended pending Coastal Commission approval Ord. 5423
13.10.612 Cargo and shipping containers used as accessory structures.
13.10.613 Home occupations as secondary uses. Amended pending Coastal Commission approval Ord. 5423
13.10.614 Community events and fundraisers on private residential or agricultural property. Added pending Coastal Commission approval Ord. 5423
13.10.615 Secondary Commercial Weddings in the RA, RR, CA, and A Zone Districts. Added pending Coastal Commission approval Ord. 5423
13.10.616 Temporary permits, uses, and structures. Amended pending Coastal Commission approval Ord. 5423
Article II. Adult Uses
13.10.621 Adult bookstores and adult motion picture theaters.
13.10.622 Exhibition of adult films at outdoor motion picture theaters.
13.10.623 Massage and bath establishments.
Article III. Agricultural Uses
13.10.631 Farmworker (agricultural employee) housing. Amended pending Coastal Commission approval Ord. 5423
13.10.632 Agricultural processing and storage facilities. Amended pending Coastal Commission approval Ord. 5423
13.10.633 Agricultural service establishments. Amended pending Coastal Commission approval Ord. 5423
13.10.634 Agriculture within structures. Amended pending Coastal Commission approval Ord. 5423
13.10.635 Recycled water facilities for the production of recycled municipal wastewater for agricultural irrigation use. Amended pending Coastal Commission approval Ord. 5423
13.10.636 Greenhouses. Amended pending Coastal Commission approval Ord. 5423
13.10.637 Wineries. Amended pending Coastal Commission approval Ord. 5423
13.10.638 Agricultural custom work occupations. Amended pending Coastal Commission approval Ord. 5423
13.10.639 Sanitary landfill as interim use. Amended pending Coastal Commission approval Ord. 5423
13.10.640 Temporary produce sales areas, produce stands, and produce markets. Added pending Coastal Commission approval Ord. 5423
Article IV. Animal Regulations
13.10.641 Animal enclosures—Stables and paddocks. Amended pending Coastal Commission approval Ord. 5423
13.10.642 Animal hospitals and kennels. Amended pending Coastal Commission approval Ord. 5423
13.10.643 Animal keeping in the Residential-Agricultural Zone District. Amended pending Coastal Commission approval Ord. 5423
13.10.644 Animal raising—Family. Amended pending Coastal Commission approval Ord. 5423
13.10.645 Animal raising—Poultry, bird, rabbit or fur-bearing. Amended pending Coastal Commission approval Ord. 5423
13.10.646 Animal raising—Turkeys. Amended pending Coastal Commission approval Ord. 5423
13.10.647 Animal raising—Poultry, bird, rabbit, or fur-bearing. Added pending Coastal Commission approval Ord. 5423
13.10.648 Biomedical livestock operations.
Article V. Commercial Uses
13.10.650 Non-retail commercial cannabis uses. Amended pending Coastal Commission approval Ord. 5403
13.10.651 Restaurants, bars and food outlets in the PA Zone District. Repealed pending Coastal Commission approval Ord. 5423
13.10.652 Drive-through uses. Amended pending Coastal Commission approval Ord. 5423 Repealed pending Coastal Commission approval Ord. 5425
13.10.653 Machine shops in commercial zone districts.
13.10.654 Night clubs, on-site liquor sales, live entertainment. Amended pending Coastal Commission approval Ord. 5423
13.10.655 Radio and TV towers.
13.10.656 Construction of new gas stations, and conversion of existing gas stations. Repealed pending Coastal Commission approval Ord. 5423
13.10.657 Regulation of sale of alcoholic beverages at gas stations. Amended pending Coastal Commission approval Ord. 5423
13.10.658 Recycling facilities.
13.10.660 Regulations for the siting, design, and construction of wireless communication facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.661 Applications for wireless communications facilities (effective outside coastal zone).
13.10.661 General requirements for wireless communications facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.662 Application requirements for wireless communication facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.663 Modifications to wireless communication facilities (effective outside coastal zone).
13.10.663 General development/performance standards for wireless communication facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.664 Indemnification for wireless communication facilities (effective outside coastal zone).
13.10.664 Non-ionizing electromagnetic radiation (NIER) safety and monitoring requirements for wireless communication facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.665 Repealed (effective outside coastal zone).
13.10.665 Required findings for wireless communication facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.666 Repealed (effective outside coastal zone).
13.10.666 Site restoration upon termination/abandonment of wireless communication facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.667 Repealed (effective outside coastal zone).
13.10.667 Indemnification for wireless communication facilities (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
13.10.668 Repealed (effective outside coastal zone).
13.10.668 Telecommunications Act exception procedure (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
Article VI. Open Space Regulations
13.10.671 Use of nondevelopable land.
13.10.672 Use of urban open space land.
13.10.673 Lot line adjustment applications regarding additional building sites and parcel size.
Article VII. Residential Special Uses
13.10.680 Tiny Homes on Wheels.
13.10.681 Accessory Dwelling units.
13.10.682 Permanent occupancy of manufactured homes.
13.10.683 Temporary occupancy of mobile homes and recreational vehicles.
13.10.686 Large family child care homes in nonresidential zone districts. Repealed pending Coastal Commission approval Ord. 5423
Article VIII. Visitor Accommodations/Recreational Uses
13.10.689 Commercial visitor accommodations. Added pending Coastal Commission approval Ord. 5423
13.10.691 Bed and breakfast inns. Amended pending Coastal Commission approval Ord. 5423
13.10.692 Organized camps and conference centers.
Part VII. DEFINITIONS
13.10.700 Definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-A “A” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-B “B” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-C “C” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-D “D” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-E “E” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-F “F” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-G “G” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-H “H” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-I “I” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-J “J” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-K “K” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-L “L” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-M “M” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-N “N” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-O “O” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-P “P” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-Q “Q” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-R “R” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-S “S” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-T “T” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-U “U” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-V “V” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-W “W” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-X “X” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-Y “Y” definitions. Amended pending Coastal Commission approval Ord. 5423
13.10.700-Z “Z” definitions. Amended pending Coastal Commission approval Ord. 5423
Code reviser’s note: Ord. 3186 adopted the recodification of prior code Chapter 13.04 SCCC. Ord. 3315 renumbered various chapters of the Santa Cruz County Code, including renumbering Chapter 13.04 SCCC to Chapter 13.10 SCCC.
Prior legislation: Ords. 560, 639, 640, 653, 681, 693, 708, 740, 746, 747, 758, 839, 931, 1019, 1029, 1048, 1080, 1087, 1092, 1118, 1136, 1156, 1188, 1191, 1217, 1219, 1282, 1283, 1418, 1424, 1465, 1508, 1543, 1578, 1581, 1582, 1608, 1639, 1682, 1683, 1703, 1704, 1739, 1786, 1806, 1817, 1834, 1863, 1891, 1907, 1924, 1943, 1985, 2047, 2051, 2066, 2117, 2142, 2171, 2202, 2244, 2245, 2259, 2261, 2263, 2287, 2289, 2294, 2328, 2336, 2349, 2391, 2402, 2428, 2429, 2431, 2449, 2450, 2452, 2459, 2472, 2478, 2493, 2506, 2520, 2540, 2581, 2622, 2661, 2672, 2681, 2750, 2759, 2761, 2762, 2763, 2764, 2769, 2770, 2771, 2775, 2776, 2779, 2787, 2788, 2800, 2801, 2804, 2822, 2823, 2824, 2841, 2848, 2849, 2853, 2857, 2858, 2868, 2872, 2874, 2913, 2946, 2986, 3015, 3035, 3036, 3051, 3058, 3076, 3115, 3116, 3117, 3152, 3164, 3172, 3173, 3182, 3186, 3212, 3223, 3233, 3265, 3266, 3277, 3278, 3311, 3315, 3344 and 3360.
Part I. AUTHORITY AND PURPOSE
13.10.110 Title of chapter. Amended pending Coastal Commission approval Ord. 5423
This chapter shall be known and cited as “the zoning ordinance of the County of Santa Cruz.” [Ord. 3432 § 1, 1983].
13.10.120 Purpose. Amended pending Coastal Commission approval Ord. 5423
The purposes of this chapter are:
(A) To implement the General Plan and Local Coastal Program Land Use Plan by providing specific regulations as to the allowable uses of land and structures;
(B) To promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare;
(C) To protect the character, stability, and satisfactory interrelationships of residential, commercial, industrial, agricultural, recreational, and open space areas of the County;
(D) To protect the natural environment in compliance with the California Environmental Quality Act. [Ord. 3432 § 1, 1983].
13.10.130 Scope. Amended pending Coastal Commission approval Ord. 5423
Pursuant to California Government Code Section 65850, this chapter contains provisions to:
(A) Regulate the use of buildings, structures and land as between industry, business, residents, open space, including agriculture, recreation, enjoyment of scenic beauty and use of natural resources, and other purposes.
(B) Regulate signs and billboards.
(C) Regulate location, height, bulk, number of stories and size of buildings and structures; the size and use of lots, yards, courts and other open spaces; the percentage of a lot which may be occupied by a building or structure; and the intensity of land use.
(D) Establish requirements for off-street parking and loading.
(E) Establish and maintain building setback lines. [Ord. 3432 § 1, 1983].
13.10.140 Applicability. Amended pending Coastal Commission approval Ord. 5423
(A) Compliance with Zoning Regulations. No person shall construct, enlarge or move a building, and no person shall establish a new use of land or expand or intensify an existing use unless it conforms to the permitted uses provided in the zone district or conforms to a permit and regulations authorizing a discretionary use in the zone district in which the land is located. All construction, alteration, reconstruction or enlargement of buildings and all uses of buildings and land shall comply with all provisions of this chapter except as otherwise provided for nonconforming structures and uses.
(B) Conformance by Government Agencies. No government unit whether city, County special district or State agency, shall be exempt from the provisions of this chapter, except for State agencies and cities engaged in a sovereign activity or a local public agency exempted by Sections 53090 et seq. of the California Government Code. Except as specifically exempted from coastal development permit requirements of the Coastal Act and the LCP by State law, all development in the Coastal Zone that is proposed by such government unit shall be subject to the same LCP requirements as any other proposed development. [Ord. 5182 § 4, 2014; Ord. 4166 § 5, 1991; Ord. 4027 § 2, 1989; Ord. 3432 § 1, 1983].
13.10.150 Amendment. Amended pending Coastal Commission approval Ord. 5423 Repealed pending Coastal Commission approval Ord. 5429
(A) Planning Commission Action. Any amendment to this chapter which changes property from one zone district to another, or imposes any regulation not previously imposed, or removes or modifies any such regulation previously imposed, shall be processed as a Level VII approval pursuant to Chapter 18.10 SCCC, including a public hearing and recommendation by the Planning Commission prior to consideration of the amendment by the Board of Supervisors. Any other amendments to this chapter may be adopted as other ordinances are adopted.
(B) Local Coastal Program Amendment. Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When a revision constitutes an amendment to the Local Coastal Program such revision shall be processed pursuant to the provisions of Chapter 13.03 SCCC and a Level VII approval pursuant to Chapter 18.10 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 3432 § 1, 1983].
13.10.160 Environmental protection. Amended pending Coastal Commission approval Ord. 5423 Repealed pending Coastal Commission approval Ord. 5429
All approvals and zoning plan amendments pursuant to this chapter shall be processed in accordance with the California Environmental Quality Act and Guidelines and County environmental impact review guidelines and rules adopted pursuant to Chapter 16.01 SCCC. [Ord. 3432 § 1, 1983].
13.10.170 General Plan consistency. Amended pending Coastal Commission approval Ord. 5423 Repealed pending Coastal Commission approval Ord. 5429
(A) Consistency Requirement. The zoning plan and regulations established by this chapter shall be consistent with the General Plan. “Consistent with” as used in this section means that the allowable uses and development standards established by this chapter and the zoning plan created pursuant to SCCC 13.10.210 are in harmony with and compatible with the County General Plan including the Local Coastal Program Land Use Plan, and that they implement the objectives, policies and programs of the General Plan and do not inhibit or obstruct the orderly attainment of the General Plan within its time frame.
(B) Discretionary Uses. Land uses which are allowed by discretionary approval shall be deemed to be consistent with the General Plan, provided the approving body finds such consistency before approving the use.
(C) Maintaining Consistency. The zoning plan and regulations established by this chapter shall not be amended out of conformity with the General Plan. Whenever an amendment to either the zoning ordinance or the General Plan is considered, a concurrent amendment to the other document shall be considered where necessary to maintain consistency.
(D) Consistent Zone Districts. The following table denotes the basic and combining districts which implement and are consistent with the various General Plan land use, resource and constraint designations. Rezoning of a property to a zone district which is shown in the following zoning implementation table as implementing the designation applicable to the property shall not constitute an amendment of the Local Coastal Program, unless it involves rezoning to M-3 in the Coastal Zone.
|
General Plan/Local Coastal Program Land Use Designation |
Zone District pursuant to SCCC 13.10.300 et seq., and SCCC 13.10.400 et seq. |
|---|---|
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All Land Use Designations |
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(Except Agricultural Resource Lands) |
SU—Special Use |
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Agricultural: |
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AG—Agriculture |
A—Agriculture |
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RA—Residential Agriculture |
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CA—Commercial Agriculture |
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TP—Timber Production |
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PR—Parks, Recreation and Open Space |
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AP—Agricultural Preserve (for existing AP Districts only) |
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Commercial: |
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C-N—Neighborhood Commercial |
C-1—Neighborhood Commercial |
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CT—Tourist Commercial |
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PA—Professional and Administrative Offices |
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C-C—Community Commercial |
C-2—Community Commercial |
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C-1—Neighborhood Commercial |
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CT—Tourist Commercial |
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VA—Visitor Accommodations |
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PA—Professional and Administrative Offices |
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C-V—Visitor Accommodations |
VA—Visitor Accommodations |
|
C-S—Service Commercial/Light Industry |
M-1—Light Industrial |
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PA—Professional and Administrative Offices |
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C-4—Commercial Services |
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C-O—Professional and Administrative Offices |
PA—Professional and Administrative Offices |
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Public Facility/Institutional: |
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P—Public/Institutional Facilities |
PF—Public and Community Facilities |
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Residential: |
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R-M—Mountain Residential |
RR—Rural Residential |
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RA—Residential Agriculture |
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TP—Timber Production |
|
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A—Agriculture |
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R-1—Single-Family Residential** (5,000 square feet to one acre lot size) |
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R-R—Rural Residential |
RR—Rural Residential |
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RA—Residential Agriculture |
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A—Agricultural |
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R-1—Single-Family Residential** (5,000 square feet to one acre lot size) |
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R-S—Suburban Residential |
RR—Rural Residential |
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RA—Residential Agriculture |
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R-1—Single-Family Residential** (5,000 square feet to one acre lot size) |
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R-UVL—Urban Very Low Residential |
R-1—Single-Family Residential* |
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R-UL—Urban Low Residential |
R-1—Single-Family Residential* |
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RB—Ocean Beach Residential* |
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RM—Multifamily Residential* |
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R-UM—Urban Medium Residential |
R-1—Single-Family Residential* |
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RB—Ocean Beach Residential* |
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RM—Multifamily Residential* |
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R-UH—Urban High Residential |
R-1—Single-Family Residential* |
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RM—Multifamily Residential* |
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RM-2-R–Multifamily Residential with Regional Housing Needs Combining Zone* |
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All Residential Designations |
PR—Parks, Recreation and Open Space |
|
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|
* Zone district designations shall be considered consistent with the General Plan and Local Coastal Program Land Use Plan when in conformance with the residential density allowed by Figure 2-3 of the General Plan and Local Coastal Program Land Use Plan.
** This zone district is established for the sole purpose of recognizing as conforming parcels those legal parcels of record located outside the urban services line of the County that, prior to the adoption of the 1994 General Plan and Local Coastal Program Land Use Plan, were zoned R-1-5, R-1-6, R-1-7, R-1-8, R-1-9, R-1-10, R-1-12, R-1-15, R-1-20, R-1-32, R-1-40 or R-1-1 acre and developed with or intended for development of a single-family residence and any permitted accessory structures. Such development, including additions or remodels, is subject to the site and development standards of the specified zone district for the parcel. All land divisions must be consistent with the provisions of the Rural Residential Density Determination Ordinance (Chapter 13.14 SCCC) and with the residential density allowed by Figure 2-2 of the General Plan and Local Coastal Program Land Use Plan.
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Open Space Uses: |
|
|
O-R—Parks, Recreation and Open Space |
PR—Parks, Recreation and Open Space |
|
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TP—Timber Production |
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O-C—Resource Conservation |
PR—Parks, Recreation and Open Space |
|
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TP—Timber Production |
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A—Agriculture |
|
O-L—Lakes, Reservoir, Lagoon |
PR—Parks, Recreation and Open Space |
|
O-U—Urban Open Space |
PR—Parks, Recreation and Open Space |
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|
General Plan/Local Coastal Program Land Use Overlay Designations: |
|
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I—Heavy Industry |
M-1—Light Industrial |
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M-2—Heavy Industrial |
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Q—Quarry |
M-3—Mineral Extraction |
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PP—Proposed Parks and Recreation |
PR—Parks, Recreation and Open Space |
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D—Designated Park Site Combining Zone District with any other zone district |
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General Plan/Local Coastal Program Resource: |
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Agricultural Resource Lands |
AP—Agricultural Preserve Zone District |
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A-P—Agriculture with Agricultural Preserve Zone District |
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CA—Commercial Agriculture |
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TP—Timber Production |
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Timber Resource Lands |
TP—Timber Production |
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General Plan/Local Coastal Program Constraint: |
|
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Coastal Bluffs and Beaches |
GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC 13.10.400) |
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Fault Zones |
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Liquefaction Areas |
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Landslide Areas |
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Floodplains and Tsunami Inundation Areas |
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Other Designation or Condition: |
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Airport Influence Area |
AIA—Airport Combining District with any parcel within two miles of the boundary of the Watsonville Municipal Airport |
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Designated Assisted Housing Site |
H—Assisted Housing Combining District with any other zone district |
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Property Issued a Statement of Intention |
I—Statement of Intention Combining District with any other zone district |
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Designated Historic Landmark |
L—Historic Landmark Combining District with any other zone district |
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Mobile Home Park |
MH—Mobile Home Park Combining District with any other zone district |
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Property Restricted by an Open Space Contract |
O—Open Space Combining District with any other zone district |
|
Santa Cruz Long-Toed Salamander Habitat |
SP—Salamander Protection Combining District with any other zone district |
|
Special Residential Design Standards for the Pleasure Point Neighborhood |
PP—Pleasure Point Community Design Combining District with any R-1, RM or PR zoned parcel in the Pleasure Point Neighborhood |
|
Special Residential Development Standards for the Seascape Beach Estates neighborhood |
SBE—Seascape Beach Estates Combining District with any parcel in the Seascape Beach Estates neighborhood as defined in SCCC 13.10.435 |
|
Special Use and Development Standards for Development of Housing at Density of 20 Units per Acre |
R—Regional Housing Need Combining District with any RM-2 zoned parcel, or in C-1, C-2, or PA commercial zones, or public facility zones* |
|
Permanent Room Housing |
PRH—Permanent Room Housing Combining District with RA, RR, R-l, RM, VA, PA, C-l, C-2, C-4, CT and SU zone districts1 |
* Property that is proposed for rezoning into the Regional Housing Need R Combining District shall include a proposed PUD, and an LCPA if located within the Coastal Zone pursuant to SCCC 18.10.184(C) and (D).
1 PRH Zoning Plan Amendments in the Coastal Zone are Local Coastal Plan Amendments. Coastal Zone properties are subject to Local Coastal Program policies related to conversion of priority uses.
[Ord. 5307 § 1, 2019; Ord. 5305 § 1, 2019; Ord. 5294 § 1, 2019; Res. 79-2019, 2019; Ord. 5286 § 2, 2018; Ord. 5063 § 1, 2010; Ord. 4873 § 2, 2007; Ord. 4836 § 3, 2006; Ord. 4577 § 1, 1999; Ord. 4460 § 1, 1997; Ord. 4370 § 1, 1995; Ord. 4346 § 5, 1994; Ord. 3844 § 2, 1987; Ord. 3632 § 2, 1985; Ord. 3432 § 1, 1983].
13.10.180 Zoning map. Added pending Coastal Commission approval Ord. 5423
13.10.185 Zoning map amendment. Added pending Coastal Commission approval Ord. 5423
Part II. ORDINANCE AND PERMIT ADMINISTRATION
13.10.210 Zoning plan. Repealed pending Coastal Commission approval Ord. 5423
A zoning plan shall be established pursuant to this chapter containing the designations, locations and boundaries of the various zone districts delineated on sectional district maps, each map covering one square mile. An index map to the sectional district maps shall be provided. The zoning plan and maps shall be considered an integral part of this chapter. [Ord. 3432 § 1, 1983].
13.10.215 Zoning plan amendment. Repealed pending Coastal Commission approval Ord. 5423 Ord. 5429
(A) Amendment Policy. The County zoning plan and map are intended to reflect a comprehensive assessment and projection of the County’s present and future needs for various types of land uses and developments, which are shown broadly on the adopted General Plan and Local Coastal Program Land Use Maps and Zoning Maps. In order to maintain a stable, desirable, well-balanced pattern of development throughout the unincorporated County area, amendments to the zoning plan and map are to be made only upon adequate justification.
(B) Amendment Initiation. Amendment to the zoning plan or map may be initiated by a resolution of intention adopted by the Board of Supervisors upon its own motion or upon the recommendation of the Planning Commission, or an application by a property owner or other interested party having the owner’s authorization.
(C) Amendment Procedures. Amendments to the County zoning plan or map shall be processed as a legislative action requiring a recommendation by the Planning Commission and approval by the Board of Supervisors pursuant to Chapter 18.10 SCCC and in accordance with the requirements of this section.
(D) Planning Commission Recommendation. After a public hearing, which may be continued from time to time, the Planning Commission shall send a written recommendation to the Board. The Commission’s recommendation shall include the reasons for the recommendation, the relationship of the proposed zoning amendment to the General Plan, and a statement regarding compliance with the California Environmental Quality Act. The Planning Commission shall recommend approval of a rezoning only if it determines that:
(1) The proposed zone district will allow a density of development and types of uses which are compatible with the objectives, policies and programs, and land use designations of the adopted General Plan, and conforms with, and is adequate to carry out, the coastal resource protection provisions of the certified Land Use Plan; and
(2) The proposed zone district is compatible with the level of utilities and community services available to the land; and
(3) One or more of the following findings can be made:
(a) The character of development in the area where the land is located has changed or is changing to such a degree that the public interest will be better served by a different zone district;
(b) The proposed rezoning is necessary to provide for a community-related use which was not anticipated when the zoning plan was adopted;
(c) The present zoning is the result of an error;
(d) The present zoning is inconsistent with designation on the General Plan;
(e) The proposed rezoning is in the best interests of the public health, safety or welfare;
(f) A rezoning from nonresidential to residential use is appropriate in that the site has low commercial potential as reflected by existing vacancies, or outdated low value improvements, or low employment density, or low market demand for commercial use of the site; or
(g) The site will accommodate housing type(s) that are needed to house the local workforce in support of the local economy.
(4) For amendments located within the Coastal Zone, the proposed rezoning maintains and provides for priority uses consistent with Sections 2.22.1 and 2.22.2 of the certified Land Use Plan.
(E) Planning Commission Recommendation Against Amendment. If the Planning Commission recommends against a proposed amendment, its action shall be final unless the matter is subsequently considered upon appeal or special consideration by the Board of Supervisors, or unless the action is being processed concurrently with a project that requires review by the Board of Supervisors.
(F) Board of Supervisors Action. The Clerk of the Board shall set a public hearing before the Board of Supervisors within 30 days after the receipt of the report recommending a zoning amendment from the Planning Commission. The Board may approve, modify, or disapprove the Planning Commission’s recommendation; provided, that any modification of the proposed zoning amendment (including the imposition of regulations which are less restrictive than those proposed by the Commission or changes in proposed dwelling density or use) which was not previously considered by the Planning Commission shall be referred to the Planning Commission for its report and recommendation. The Planning Commission is not required to hold a public hearing on the referral, and its failure to respond within 40 days shall be deemed to be approval of the proposed modification. Any public hearing of the Board of Supervisors may be continued from time to time as determined by the Board.
(G) Finality of Action on Amendments. No new application for a zoning amendment shall be filed for the same or substantially the same purpose or project on the same parcel within one year after its denial without the consent of the Planning Commission if no appeal was made, or without the consent of the Board of Supervisors if denied by the Board. A denial without prejudice shall allow the filing of a new application at any time for the same or substantially the same purpose or project. [Res. 79-2019, 2019; Ord. 5286 § 3, 2018; Ord. 5210 §§ 1, 2, 2015; Ord. 5200 § 3, 2015; Ord. 5119 § 2, 2012; Ord. 4843 § 1, 2006; Ord. 4817 § 2, 2006; Ord. 4783 § 3, 2005; Ord. 4767 § 3, 2004; Ord. 4764 § 3, 2004; Ord. 3593 § 1, 1984; Ord. 3432 § 1, 1983].
13.10.220 Use approvals. Amended pending Coastal Commission approval Ord. 5423
(A) Description. A use approval is a discretionary authorization of a land use allowed in accordance with the regulations of the governing zone district and issued as part of a development permit pursuant to Chapter 18.10 SCCC. A use approval shall be granted at the approval level specified by the governing zone district for the project property, and may only authorize such development or use of the property as is allowed by the zone district or as otherwise provided in this chapter.
(B) Procedures. All regulations and procedures regarding application, review, approval, appeal, enforcement, etc., for a use approval shall be in accordance with the provisions of Chapters 18.10 and 19.01 SCCC. [Ord. 4836 § 4, 2006; Ord. 3432 § 1, 1983].
13.10.225 Emergency use approval. Amended pending Coastal Commission approval Ord. 5423
(A) Emergency use approvals may be granted at the discretion of the Planning Director to allow the temporary relocation of a use when the use has been displaced from its original location as a result of damage or destruction by a natural disaster for which a local emergency has been declared by the Board of Supervisors.
(B) Application for review of the occupancy under the provisions of this chapter and Chapter 18.10 SCCC shall be made within 90 days of the date of issuance of the emergency permit or the use shall be terminated. [Ord. 4160 § 1, 1991; Ord. 4030 § 2, 1989].
13.10.227 Site development permit. Added pending Coastal Commission approval Ord. 5423
13.10.230 Variance approvals. Amended pending Coastal Commission approval Ord. 5423
(A) Description. A variance approval is a discretionary authorization of exceptions to the zoning district site and development standards for a property including design standards and guidelines and regulations for special uses. The power to grant variance approvals does not allow changes in use which are affected only by use approvals pursuant to SCCC 13.10.220, rezoning of the property pursuant to SCCC 13.10.215, or amendment to the regulations of this chapter. Variances to site area requirements may be approved only in the case where no new additional building sites would thereby be created (relief in which case may be provided only through rezoning of the property), or in any of the following instances:
(1) To facilitate certificates of compliance.
(2) To facilitate dedications of rights-of-way or other required improvements for public benefit.
(3) To allow the consideration of the creation of new lots when the size of the lot is within one percent of the zoning requirement and is consistent with the General Plan.
(B) Procedures. All regulations and procedures regarding application, review, approval, appeal, enforcement, etc., for a variance approval shall be in accordance with the provisions of Chapters 18.10 and 19.01 SCCC for a Level V approval and “findings” in subsection (C) of this section except that site area variances which create new building sites under the circumstances described in subsection (A) of this section shall be processed at Level VII.
(C) Findings. The following findings shall be made prior to granting a variance approval in addition to the findings required for the issuance of a development permit pursuant to Chapter 18.10 SCCC:
(1) That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the zoning ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification.
(2) That the granting of such variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety or welfare or injurious to property or improvements in the vicinity.
(3) That the granting of such variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such is situated. [Ord. 5087 § 1, 2011; Ord. 4836 §§ 5, 6, 2006; Ord. 3632 §§ 3, 4, 1985; Ord. 3432 § 1, 1983].
13.10.235 Minor exceptions. Amended pending Coastal Commission approval Ord. 5423
(A) Purpose. To provide a streamlined discretionary review process to allow consideration of minor variations from the zoning district site standards established for height, setbacks, separation between structures on the same property, lot coverage and floor area ratio.
(B) Applicability. Minor exceptions to the zoning site standards contained in the site and structural dimensions charts may be considered for the following zone districts: agricultural districts; residential districts; commercial districts; industrial districts; parks, recreation and open space districts; public and community facilities districts; timber production districts; and special use districts. Minor exceptions do not apply to special site standards contained in combining zone districts, specific plans or PUDs, unless specifically indicated.
Minor exceptions shall be limited to the following:
(1) Height. Up to a five percent increase in the allowed height. For example, a 28-foot height limit could be increased by up to 16.8 inches (28 feet times 0.05 = 1.4 feet).
(2) Setbacks. Up to a 15 percent reduction in the required front, side or rear setback. For example, a five-foot setback may be reduced by up to nine inches (five feet times 0.15 = 0.75 feet).
(3) Separation Between Structures. Up to a 15 percent exception from the 10-foot separation requirement between structures on the same property, allowing a reduction of up to 1.5 feet, or an 8.5-foot separation.
(4) Floor Area Ratio. Up to a 7.5 percent increase in the total allowable 50 percent FAR for lots 4,000 square feet or less, allowing up to 57.5 percent FAR.
(5) Lot Coverage. On parcels with a net site area of 6,000 square feet or greater, up to a 15 percent increase of the total allowable lot coverage; on smaller parcels, up to a 25 percent increase of the total allowable lot coverage, resulting in the following maximum allowable increases:
|
Lot Coverage Allowed by Applicable Zone District |
Maximum Additional Lot Coverage Allowed with a 25% Minor Exception on Parcels of Less than 6,000 Square Feet |
Maximum Additional Lot Coverage Allowed with a 15% Minor Exception on Parcels of 6,000 Square Feet or Greater |
|---|---|---|
|
40% |
10% |
6% |
|
20% |
— |
3% |
|
10% |
— |
1.5% |
Minor exceptions apply only to the zoning site standards noted above, and do not apply to or supersede limits or building setbacks required in other sections or chapters of the County Code, such as for riparian corridors, geologic hazards, sensitive habitats, or agricultural buffers. If a coastal development permit is required (pursuant to Chapter 13.20 SCCC), then the minor exception shall be processed as part of and pursuant to the coastal development permit process, including that hearing requirements, noticing, appeal procedures, etc., shall be as are required for coastal development permits, and all required coastal development permit findings shall also be required.
(C) Procedures.
(1) Application. The application for the minor exception shall contain such information as required by the Planning Department.
(2) Application Review. The Planning Director or designee shall review and make a determination on the application for a minor exception. At the discretion of the Planning Director, the project may be referred to the Zoning Administrator or Planning Commission for a public hearing.
(3) Noticing. Noticing shall be as provided by SCCC 18.10.222 and 18.10.224.
(4) Required Findings. Findings shall be in accordance with findings required for variance approvals in SCCC 13.10.230(C), and in accordance with the findings required in SCCC 18.10.230 for discretionary approvals. In addition, the following finding shall be required for minor exceptions allowing an increase in lot coverage:
(a) That there is no increase in stormwater leaving the property as a result of additional impermeable area created by a minor increase in lot coverage. The project as approved incorporates measures or conditions that direct runoff to the landscape, use permeable paving material, reduce existing impermeable area, or incorporate other low impact drainage design practices to control any increase in stormwater runoff.
(5) Project Conditions. The project may be conditioned as needed to ensure compliance with County policies and ordinances, in accordance with SCCC 18.10.240.
(6) Appeal. The procedures for appeals shall be as provided by SCCC 18.10.310 and 18.10.324. [Ord. 5181 § 1, 2014; Ord. 5126 § 1, 2012; Ord. 5119 §§ 3, 4, 2012; Ord. 5087 § 2, 2011].
13.10.240 Previous permits. Amended pending Coastal Commission approval Ord. 5423
Any planned unit development permit, planned development permit, variance, use permit or other approval or permit previously issued by the County pursuant to previous regulations of the zoning ordinance shall continue to be administered in the same manner as existing permits. Actions to amend, review, revoke, or enforce such permits shall be subject to the regulations and procedures of this chapter and Chapter 18.10 SCCC, except for existing planned unit development permits which were adopted by ordinance and which must be administered in the same manner as existing ordinances. [Ord. 3432 § 1, 1983].
13.10.250 Interpretation. Amended pending Coastal Commission approval Ord. 5423
The Zoning Administrator shall be responsible for the interpretation of the provisions of this chapter for their application to any specific case or situation, interpretation of whether a proposed use is essentially the same as a use allowed in the zone district, or interpretation of the boundary location of a zone district, based on the following guidelines, subject to appeal to the Board of Supervisors pursuant to Chapter 18.10 SCCC:
(A) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare.
(B) Whenever the district boundary is indicated as being a road or a property line, then, unless otherwise definitely indicated on the zoning plan map, the center line of the road or the property line shall be assumed to be the district boundary.
(C) Where the location of district boundary lines is not indicated by dimensions, the boundaries shall be located by use of the scale to which the map is drawn. [Ord. 3432 § 1, 1983].
13.10.260 Nonconforming uses and structures—General provisions. Amended pending Coastal Commission approval Ord. 5423
(A) Purpose. To establish regulations for nonconforming structures and uses that recognize the prevalence of legally established nonconforming uses and structures, the neighborhood benefit of well-maintained buildings, and the need to preserve and improve existing housing stock and commercial space. To allow legal nonconforming uses and structures to continue to exist, and to be improved, within appropriate parameters that address potential impacts to public health, safety and welfare. To establish a threshold for when changes to existing nonconforming uses and structures are subject to discretionary review, and establish findings for approval of discretionary permits to protect public health, safety, welfare and the environment. To establish provisions whereby nonconforming uses that are determined to be detrimental to public health, safety or welfare may be terminated by the Board of Supervisors.
(B) Definitions. The following words and phrases, whenever used in this section, or SCCC 13.10.261 or 13.10.262, shall have the following meanings:
(1) Intensification of Use, Nonresidential. Any change or expansion of a nonresidential use which will result in both a greater than 10 percent increase in parking need and more than two spaces or which is determined by the Planning Director likely to result in a significant new or increased impact due to potential traffic generation, noise, smoke, glare, odors, hazardous materials, water use, and/or sewage generation shall be an “intensification of use” for the purposes of this chapter.
(2) Intensification of Use, Residential. Any change to a residential use which will result in an increase of its number of bedrooms, as defined in SCCC 13.10.700(B), shall be an “intensification of use” for the purposes of this chapter.
(3) “Major structural components” means the foundation, floor framing, exterior wall framing and roof framing of a structure. Exterior siding, doors, window glazing, roofing materials, decks, chimneys and interior elements including but not limited to interior walls and sheetrock, insulation, fixtures, and mechanical, electrical and plumbing elements are not considered major structural components. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.
(4) “Nonconforming structure” means a structure that was lawfully erected prior to the adoption, revision or amendment of this chapter but that does not conform with standards for lot coverage, setbacks, height, number of stories, distance between structures, or floor area ratio currently prescribed in the regulations for the zoning district in which the structure is located.
(5) “Nonconforming use” means a use of structure or land that was legally established and maintained prior to the adoption, revision or amendment of this chapter, but does not conform to the current use standards, and density standards where applicable, of both the zone district and/or the General Plan/Local Coastal Program land use designation in which the use is located. A nonconforming structure is not a nonconforming use. A legally established use shall not be deemed nonconforming due to the lack of a use permit.
(6) “Reconstruction” means modification or replacement of 65 percent or more of the major structural components (see subsection (B)(3) of this section) of an existing structure within any consecutive five-year period. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.
(C) General Requirements.
(1) Determination of Nonconforming Status. The property owner shall have the burden of proof in establishing the legal status of any nonconforming use or structure, in accordance with any administrative procedures that may be established by the Planning Director.
(2) Compliance with Other Provisions of the County Code. The permits required in this section and SCCC 13.10.261 and 13.10.262 are in addition to all other reviews and permits required by the Santa Cruz County Code, including requirements in Chapters 13.11, 13.20 and 18.10 SCCC and in SCCC Title 16. Approvals issued pursuant to this section and SCCC 13.10.261 and 13.10.262 do not alter or supersede the permit and review requirements of other provisions of the Santa Cruz County Code. Work performed on a nonconforming structure or a structure accommodating a nonconforming use shall be pursuant to a building permit as required by Chapter 12.10 SCCC, and shall meet the requirements of these nonconforming structures and uses regulations (this section, SCCC 13.10.261, and 13.10.262) unless a waiver or exception is granted as provided in these regulations. Except as provided by SCCC 13.10.262(A)(6), Reconstruction of a nonconforming structure after a catastrophic event, or as specifically authorized by other provisions of the Santa Cruz County Code, relocation of a nonconforming structure that does not result in a conforming structure shall require either variance approval or minor exception in accordance with SCCC 13.10.230 or 13.10.235.
(3) Regulations in Effect at the Time of Construction. Nothing contained in this section shall be deemed to require any change in the plans, construction, or designated use of any structure upon which actual construction or operation was or will be lawfully initiated in accordance with applicable regulations in effect at the time when a planning or building permit was approved.
(4) Nonconforming Parking. In accordance with the limitations of SCCC 13.10.575, no legal existing use of land or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking or loading facilities.
(5) Exception for Compliance with Accessibility Requirements. Work performed solely to comply with the Americans with Disabilities Act or with Chapter 11 of the State Building Code shall be excluded from calculations of reconstruction or alteration for the purposes of this section, SCCC 13.10.261 and 13.10.262.
(6) Exception for Properties That Have Been Designated as Historic Resources Pursuant to Chapter 16.42 SCCC, or for Corrective Work on Dangerous Building Elements. Work performed solely to comply with Federal standards for rehabilitation of historic properties or with Chapter 16.42 SCCC, or solely to comply with a notice or requirement of the County Building Official to correct dangerous building elements, shall be excluded from calculations of reconstruction or structural alteration for the purposes of this section, SCCC 13.10.261 and 13.10.262.
(7) Other Regulations Pertaining to Nonconformity. The following code sections establish additional regulations for nonconforming uses or structures:
(a) Nonconforming Signs. See SCCC 13.10.585.
(b) Nonconforming Greenhouses. See SCCC 13.10.636(C).
(c) Nonconforming Farm Worker Housing. See SCCC 13.10.631.
(d) Nonconforming Recycling Collection Facilities. See SCCC 13.10.658(B).
(e) M-1 Zone District Uses Not in Compliance with SCCC 13.10.345(A). Uses in the M-1 Light Industrial Zone District which are not in compliance with the provisions of SCCC 13.10.345(A)(1) through (6) are considered nonconforming uses subject to SCCC 13.10.345(A)(7) and 13.10.345(A)(8).
(f) Lands designated with a P Combining District. Modification or expansion of uses on lands designated with a P Agricultural Preservation Combining District shall be processed as set forth in SCCC 13.10.473.
(g) Expansion of Organized Camps with Nonconforming Densities. See SCCC 13.10.353(B)(3). [Ord. 5119 § 6, 2012].
13.10.261 Nonconforming uses. Amended pending Coastal Commission approval Ord. 5423
(A) Applicability. This section applies to nonconforming uses in all zone districts.
(B) General Requirements.
(1) Continuation of Nonconforming Uses and Nonconforming Rights. The lawful use of land existing on the effective date of the adoption, revision or amendment of the zoning designation or of the zoning regulations that affect a property may be continued, even if the use no longer conforms to the regulations specified by Chapter 13.10 SCCC for the district in which the land is located. A nonconforming use that is not in use for at least three out of the past five years loses its status as a legal nonconforming use, and use of the land or site must conform to current uses allowed by the zone district. If cessation of use is caused involuntarily by fire or other catastrophic event, nonconforming rights are retained for three years after the event, by which time a building permit must be obtained and exercised to repair or reconstruct the nonconforming use in order to retain nonconforming rights. If nonconforming rights are lost due to failure of the use to be continued in three of the past five years or due to the failure to obtain and exercise a building permit within three years after a catastrophic event, and a conforming use has not been subsequently established at the site, the property owner may apply for a conditional use permit (Level V) to reinstate the legal nonconforming use. The conditional use permit for reinstatement shall be subject to the findings required in subsection (F) of this section, as well as to all applicable requirements of the Santa Cruz County Code, and consistent with applicable General Plan and Local Coastal Program policies.
(2) Termination of Use. The Board of Supervisors may order a nonconforming use to be terminated, upon recommendation of the Planning Commission, if such a use represents a threat to public health, safety, welfare, or the environment, or has been determined to be a public nuisance. The Planning Commission shall conduct a public hearing 15 or more days after written notice to the operator of the nonconforming use and the property owner. If the operator and/or property owner has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the operator and/or property owner has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to public health or safety may be terminated immediately, pursuant to Chapter 1.14 SCCC. In making a recommendation or determination, the Planning Commission and the Board of Supervisors shall consider:
(a) The total cost of land and improvements;
(b) The length of time the use has existed;
(c) Adaptability of the land and improvements to a currently permitted use;
(d) The cost of moving and reestablishing the use elsewhere;
(e) Compatibility with the existing land use patterns and densities of the surrounding neighborhood;
(f) The degree of threat to public health, safety or welfare; and
(g) Other relevant factors.
Failure to comply with a Board of Supervisors order to terminate a nonconforming use shall constitute a violation of this chapter and shall constitute a determination that the use is a public nuisance subject to abatement in accordance with Chapter 1.14 SCCC.
(3) Dwelling Groups—Conforming Unit. Where two or more residential dwelling units exist on a parcel of land as nonconforming units because the zoning of the property no longer allows more than one primary dwelling unit, one of the units shall be deemed as conforming to the zone district. The owner may choose, one time only, which unit shall be considered as conforming. Accordingly, that unit may be repaired, structurally altered, enlarged, or reconstructed in accordance with the site and structural dimensions of the zone district in which the parcel is located. The other unit(s) shall be considered nonconforming and subject to the requirements of this section.
(C) Changes to Nonconforming Uses—Permits Required.
(1) Modifications to a Structure Accommodating an Existing Nonconforming Use. The following types of modifications may be allowed to a structure that accommodates a nonconforming use, subject to obtaining the required permit and to the required findings noted in subsection (F) of this section.
|
Modifications to a Structure Accommodating a Nonconforming Use |
Permit Required |
|---|---|
|
Repairs and improvements to an existing structure, altering up to 65 percent of the major structural components. |
Permitted upon issuance of a building permit and any approvals that may be required by other sections of the County Code and General Plan/Local Coastal Program. |
|
Reconstruction (as defined in SCCC 13.10.260(B)(6)) of an existing structure. |
Conditional Use Permit (Level V Approval) (see subsections (E) and (F) of this section) |
|
Conforming additions not exceeding 50 percent of the square footage of the existing building, limited to once within a five-year period. |
Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section) |
|
Conforming additions exceeding 50 percent of the square footage of the existing building, limited to once within a five-year period. |
Conditional Use Permit (Level V Approval) (see subsections (E) and (F) of this section) |
|
Reconstruction (as defined in SCCC 13.10.260(B)(6)) of a structure accommodating a nonconforming use after a catastrophic event. |
Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section) |
(2) Modifications to an Existing Nonconforming Use. The following changes related to an existing legal nonconforming use may be allowed, subject to obtaining the required permit and to the required findings noted in subsection (F) of this section.
|
Type of Change to a Nonconforming Use |
Permits Required |
|---|---|
|
Expansion of an existing nonconforming use throughout an existing structure, with no intensification of the use |
Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section) |
|
Intensification of an existing nonconforming use as defined in SCCC 13.10.260(B)(2) for residential uses and SCCC 13.10.260(B)(1) for nonresidential uses |
Conditional Use Permit (Level V Approval) (see subsections (E) and (F) of this section) |
|
Change of an existing nonconforming use to another nonconforming use with no intensification |
Administrative Use Permit (Level IV Approval) (see subsections (D) and (F) of this section) |
(D) Procedures for Administrative Use Permit. Procedures for an administrative use permit shall be in accordance with those established for Level IV approvals in Chapter 18.10 SCCC. In addition, the findings in subsection (F) of this section shall be required for approval of an administrative use permit.
(E) Procedures for a Conditional Use Permit. Procedures for a conditional use permit shall be in accordance with those established for Level V approvals in Chapter 18.10 SCCC, including the requirement for a public hearing. In addition, the findings in subsection (F) of this section shall be required for approval of a conditional use permit.
(F) Findings. Approval of an administrative or conditional use permit pursuant to subsections (D) and (E) of this section is subject to the following findings:
(1) That the proposed location of the project and the conditions under which it would be operated or maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public, and will not be materially injurious to properties or improvements in the vicinity.
(2) That the proposed location of the project and the conditions under which it would be operated or maintained will be in substantial conformance with County ordinances.
(3) That the proposed use will not overload utilities, and will not generate more than an acceptable level of traffic on streets in the vicinity.
(4) That the proposed project, as it may be conditioned, will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects, land use intensities, and dwelling unit densities of the neighborhood.
(5) That additional parking requirements created by the project can be met in accordance with SCCC 13.10.551.
(6) That the proposed project will not significantly impair economic development goals or key land use goals of the General Plan.
(7) For a change of a use to a different nonconforming use of a site, conformance with uses currently allowed for the zone district is not feasible due to conditions on the site and surrounding land uses, or due to economic conditions.
(8) For a nonconforming commercial, industrial or residential use on a site adjacent to residential property, the proposed modification to the nonconforming use, or the proposed reestablishment of a legal nonconforming use pursuant to subsection (B)(1) of this section, does not unreasonably infringe on adequate light, air, solar access, privacy or the quiet enjoyment of adjacent residences, and does not create excessive noise, vibration, illumination, glare, odors, dust, dirt, smoke or hazards such as noxious fumes to a level that substantially exceeds that of the existing or former legal nonconforming use of the site. [Ord. 5119 § 7, 2012].
13.10.262 Nonconforming structures. Amended pending Coastal Commission approval Ord. 5423
(A) Changes to Nonconforming Structures—Permits Required. The requirements of this section are in addition to and do not supersede requirements or permit approvals required in other sections of the Santa Cruz County Code, including but not limited to SCCC Titles 12, 13, 16 and 18.
(1) Structural Alterations. Except as noted in subsection (A)(4) of this section, structural alterations to an existing nonconforming structure within a consecutive five-year period that do not constitute reconstruction as defined by SCCC 13.10.260(B)(6) are permitted upon issuance of a building permit and any approvals or permits that may be required by other sections of the County Code.
(2) Conforming Additions. Conforming additions that do not increase the nonconforming dimensions of the structure are permitted upon issuance of a building permit and any approvals that are required by other sections of the County Code. Nonconforming additions are not permitted unless a variance or minor exception is granted in accordance with SCCC 13.10.230 or 13.10.235.
(3) Reconstruction. Reconstruction of a nonconforming structure requires an administrative site development permit (see subsection (B) of this section). Except as provided by subsections (A)(6) and (7) of this section, or as specifically authorized by other provisions of the Santa Cruz County Code, any relocation of a nonconforming structure shall require approval of a variance or minor exception in accordance with SCCC 13.10.230 or 13.10.235.
(4) Structural Alteration or Reconstruction of a Nonconforming Structure Located Over a Property Line, Within a Riparian Corridor, Within Five Feet of a Vehicular Right-of-Way or Within Five Feet of a Planned Vehicular Right-of-Way Improvement. Altering more than 50 percent of the major structural components (up to and including reconstruction) within any consecutive five-year period requires an administrative site development permit. The purpose of this review is to provide adequate opportunity to address potential impacts to the environment or public health, safety or welfare. For nonconforming structures located within five feet of a vehicular right-of-way or within five feet of a planned vehicular right-of-way improvement, the Planning Director may waive the requirement for an administrative site development permit for altering more than 50 percent of the major structural components if he or she determines that the proposed project will not adversely affect the environment or public health, safety or general welfare. If the requirement is waived, then the requirement for an administrative site development permit for reconstruction as specified in subsection (A)(3) of this section shall apply. Nothing in this chapter is intended to allow encroachment without necessary legal authorization, either by easement, quiet title action or other legal means.
(5) Exceptions. Exceptions to the requirements of subsections (A)(1) through (4) of this section are as follows:
(a) Exception for Structures Designated as Historic Resources. Modifications to a nonconforming structure which has been designated as a historic resource pursuant to Chapter 16.42 SCCC are permitted upon issuance of only those building permits and/or development permits that are required by other sections of the County Code, including Chapter 16.42 SCCC, if one or more of the following criteria are met:
(i) The proposed alteration, reconstruction or addition conforms to the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties, and does not increase the nonconforming dimensions of the structure; or
(ii) The proposed alteration, reconstruction or addition does not conform to the lot coverage, yard setback, floor area ratio or height regulations of the zoning district in which it occurs, but is within the structural outline of the structure and does not expand the perimeter foundation line of the structure. The structural outline of a structure shall include that space which is enclosed by the structural posts, columns, beams, trusses and girders of the structure; or
(iii) The proposed modifications are required to provide access for persons with disabilities to the structure.
(b) Exception for Corrective Work on Dangerous Building Elements. Work performed to comply with a notice or requirement of the County Building Official to correct dangerous building elements shall not count towards overall limits on reconstruction in subsection (A)(3) of this section.
(6) Reconstruction of a Nonconforming Structure After a Catastrophic Event. Except as noted in subsection (A)(7) of this section, reconstruction of a legal nonconforming structure after a catastrophic event is allowed upon issuance of a building permit and any approvals that may be required by other sections of the County Code if the reconstructed structure does not increase the nonconforming dimensions of the structure and is located in substantially the same location as the current/prior structure. New locations on the site may be considered without the need for an administrative site development permit, if the Planning Director finds that the new location results in greater conformance with code requirements. Relocation that does not result in greater conformance with code requirements requires variance approval in accordance with SCCC 13.10.230 or minor exception pursuant to SCCC 13.10.235. (Note: Additional permits may be required for reconstruction after a catastrophic event by other provisions of the Santa Cruz County Code, including SCCC Title 16 and Chapter 13.20 SCCC.)
(7) Structural Alteration and Reconstruction After a Catastrophic Event, for a Nonconforming Structure Located Over a Property Line, Within a Riparian Corridor, Within Five Feet of a Vehicular Right-of-Way or Within Five Feet of a Planned Vehicular Right-of-Way Improvement. Structural alteration after a catastrophic event, altering less than 65 percent of the major structural components, is allowed upon issuance of a building permit and permits that may be required by other sections of the County Code.
Reconstruction after a catastrophic event requires an administrative site development permit. The purpose of this review is to provide adequate opportunity to address potential impacts to the natural environment or public health, safety or welfare. New locations on the site may be considered as part of the administrative site development permit, if it is determined that the new location results in greater conformance with code requirements. Relocation that does not result in greater conformance with code requirements shall require approval of a variance or minor exception in accordance with SCCC 13.10.230 or 13.10.235.
For nonconforming structures located within five feet of a vehicular right-of-way or within five feet of a planned vehicular right-of-way improvement, the Planning Director may waive the requirement for an administrative site development permit for reconstruction if he or she determines that the proposed project will not adversely affect the natural environment or public health, safety or general welfare. If the requirement is waived, then reconstruction shall conform to the requirements noted in subsection (A)(6) of this section.
(Note: Additional permits may be required for reconstruction after a catastrophic event by other provisions of the Santa Cruz County Code, including SCCC Title 16 and Chapter 13.20 SCCC. Nothing in this chapter is intended to allow encroachment without necessary legal authorization, either by easement, quiet title action or other legal means.)
(B) Procedures for a Nonconforming Structure Administrative Site Development Permit. Procedures for an administrative site development permit as required pursuant to this section shall be in accordance with those established for Level IV approvals in Chapter 18.10 SCCC, subject to the additional findings in subsection (C) of this section.
(C) Findings. The following findings apply to site development permits for nonconforming structures as required under subsection (A) of this section:
(1) That the proposed location of the project and the conditions under which it would be operated or maintained will not be detrimental to the health, safety, or welfare of persons residing or working in the neighborhood or the general public, and will not be materially injurious to properties or improvements in the vicinity.
(2) That the proposed location of the project and the conditions under which it would be operated or maintained will be in substantial conformance with County ordinances and the purpose of the zone district in which the site is located.
(3) That the proposed structure and use is in substantial conformance with the County General Plan and with any specific plan which has been adopted for the area.
(4) That the proposed use will not overload utilities, and will not generate more than the acceptable level of traffic on the streets in the vicinity.
(5) That the proposed project will complement and harmonize with the existing and proposed land uses in the vicinity and will be compatible with the physical design aspects, land use intensities, and dwelling unit densities of the neighborhood.
(6) Any additional parking requirements created by the project can be met in accordance with SCCC 13.10.551.
(7) The proposed project will not significantly impair economic development goals or key land use goals of the General Plan.
(8) For nonconforming commercial, industrial or residential structures adjacent to residential property, the nonconforming structure does not unreasonably infringe on adequate light, air, solar access, privacy or the quiet enjoyment of adjacent residences.
(9) For nonconforming structures over a property line, within a riparian corridor, or within five feet of an existing or planned right-of-way, the proposed project has been conditioned to require greater conformance to current site development standards, or has been required to eliminate the nonconformity where feasible, considering economic factors and site conditions including size, shape, topography, existing development or improvements, and environmental constraints.
(10) For projects within a riparian corridor, a condition of approval of the site development permit has been imposed to require riparian protection, preservation and/or enhancement on the site, as reasonably related to the project and in accordance with General Plan Policy 5.2.2. [Ord. 5119 § 8, 2012].
13.10.265 Nonconforming structures.
Repealed by Ord. 5119. [Ord. 4921 § 1, 2008; Ord. 4836 §§ 9, 10, 2006; Ord. 4771 § 3, 2004; Ord. 4642 § 1, 2001; Ord. 4525 § 4, 1998; Ord. 4368 § 1, 1995; Ord. 4160 § 2, 1991; Ord. 4024 § 1, 1989; Ord. 3927 § 1, 1988; Ord. 3746 § 4, 1986; Ord. 3432 § 1, 1983].
13.10.270 Appeals.
All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance with the procedures of Chapter 18.10 SCCC. [Ord. 3432 § 1, 1983].
13.10.275 Violations of zoning use regulations.
(A) It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the CA Commercial Agriculture Zone District, in the A Agriculture Zone District, or in the AP Agricultural Preserve Zone District unless that use is either (1) listed in SCCC 13.10.312 as a permitted use in the agricultural zone district in which the land is located; or (2) is listed in such section as a discretionary use in the agriculture zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.
(B) It shall be unlawful for any person to establish, cause or permit a new use of land, or intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the RA Residential Agricultural Zone District, in the RR Rural Residential Zone District, in the R-1 Single-Family Residential Zone District, in the RB Ocean Beach Residential Zone District, or in the RM Multifamily Residential Zone District unless that use is either (1) listed in SCCC 13.10.322 as a permitted use in the residential zone district in which the land is located; or (2) is listed in such section as a discretionary use in the residential zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.
(C) It shall be unlawful for any person to establish, cause or permit a new use of land, or expand or intensify an existing use of land, or construct, enlarge, or move a building for a use of land, located in the PA Professional Administrative Office Zone District, in the VA Visitor Accommodations Zone District, in the C-1 Neighborhood Commercial Zone District, in the CT Tourist Commercial Zone District, in the C-2 Community Commercial Zone District, or in the C-4 Commercial Services Zone District unless that use is either (1) listed in SCCC 13.10.332 as a permitted use in the commercial zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (2) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.
(D) It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the M-1 Light Industrial Zone District, in the M-2 Heavy Industrial Zone District, or in the M-3 Mineral Extraction Industrial Zone District unless that use is either (1) listed in SCCC 13.10.342 as a permitted use in the industrial zone district in which the land is located; or (2) is listed in such section as a discretionary use in the industrial zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.
(E) It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the PR Parks, Recreation and Open Space Zone District unless that use is either (1) listed in SCCC 13.10.352 as a permitted use in the Parks, Recreation and Open Space Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Parks, Recreation and Open Space Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.
(F) It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the PF Public and Community Facilities Zone District unless that use is either (1) listed in SCCC 13.10.362 as a permitted use in the Public and Community Facilities Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Public and Community Facilities Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.
(G) It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the TP Timber Production Zone District unless that use is either (1) listed in SCCC 13.10.372 as a permitted use in the Timber Production Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Timber Production Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.
(H) It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the SU Special Use Zone District unless that use is either (1) listed in SCCC 13.10.382 as a permitted use in the Special Use Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Special Use Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262. [Ord. 5119 §§ 9—16, 2012; Ord. 4496-C §§ 3, 4, 1998; Ord. 4390A, 1996; Ord. 4346 § 6, 1994; Ord. 3451-A § 6, 1983].
13.10.276 Violations of conditions of development permits authorizing uses and variances. Amended pending Coastal Commission approval Ord. 5423
(A) It shall be unlawful for any person to exercise any development permit which authorizes uses under this chapter without complying with all of the conditions of such permit.
(B) It shall be unlawful for any person to exercise any development permit which authorizes a variance under this chapter without complying with all of the conditions of such permit. [Ord. 3451-A § 7, 1983].
13.10.277 Violations of development standards.
(A) Yard Setback Requirements. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for any construction of structures within the yard setback areas required by the regulations of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction.
(B) Height Limitations. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for construction of a structure of a height in excess of the maximum height limitation of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction.
(C) Lot Coverage Limitations. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for construction of a structure which exceeds the maximum percentage of lot coverage of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction. [Ord. 3451-A § 8, 1983].
13.10.278 Violations of density limitations.
It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor to construct, enlarge, or modify a building or otherwise make a new use of a building for an additional dwelling unit on a single parcel of land within any zone district unless a development permit has been obtained and is in effect which authorizes such an additional dwelling unit. [Ord. 5061 § 3, 2009; Ord. 4836 § 11, 2006; Ord. 3451-A § 9, 1983].
13.10.279 Continuing violations.
(A) Unlawful Actions. It shall be unlawful for any person to allow a situation to continue contrary to the provisions of this chapter or to any permit conditions required pursuant to this chapter, regardless of whether the violation was originally committed by a prior owner or other third person.
(B) Declaration as Nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, contrary to the provisions of this chapter, and/or any use of any land or premises, established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a public nuisance and the District Attorney or the County Counsel shall, upon written request of the Planning Director or upon order of the Planning Commission or the Board of Supervisors, immediately commence actions or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. [Ord. 4390A, 1996].
13.10.280 Enforcement penalties, remedies and procedures for violations.
(A) Permit Issuance. All departments, officials, and public employees of the County of Santa Cruz which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, and any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be null and void.
(B) Compliance with Authorized Privilege. If any portion of a privilege authorized by a modification, variance, discretionary use, planned unit development permit, rezoning approval, design review approval or other conditional permission granted under any provision of the County Code relating to land use is used or exercised by any person entitled to use or exercise such privilege, any and all conditions of such privilege shall immediately become effective and must be strictly complied with. The violation of any such condition shall constitute a violation of this chapter and shall be subject to the same penalties and remedies as any other violation of the Santa Cruz County Code. [Ord. 4390A, 1996; Ord. 3891 § 1, 1988; Ord. 3432 § 1, 1983].
Part III. DISTRICTS
Article I. Agricultural Districts
13.10.311 Purposes of agricultural districts. Amended pending Coastal Commission approval Ord. 5423
(A) CA Commercial Agriculture. The purposes of the CA Commercial Agriculture Zone District are to preserve the commercial agricultural lands within Santa Cruz County which are a limited and irreplaceable natural resource, to maintain the economic integrity of the economic farm units comprising the commercial agricultural areas of the County, to implement the agricultural preservation policy of SCCC 16.50.010, and to maintain and enhance the general welfare of the County as a whole by preserving and protecting agriculture, one of the County’s major industries. Within the CA Commercial Agriculture Zone District, commercial agriculture shall be encouraged to the exclusion of other land uses which may conflict with it.
(B) A Agriculture. The purposes of the A Agriculture Zone District are to encourage and provide for noncommercial agricultural uses, such as family farming and animal raising, and to allow limited commercial agricultural activities, on the small amounts of agricultural land remaining in the County which are not designated as commercially suitable, but which still constitute a productive natural resource; to provide for agricultural uses of a higher intensity in rural areas than those allowed in the RA Residential Agricultural Zone District where such use is compatible with the surrounding land uses and the environmental constraints of the land; to maintain options for a diversity of farm operations; to implement the agricultural preservation policy of Chapter 16.50 SCCC; and to maintain productive open space and rural character in the County.
(C) AP Agricultural Preserve. The purposes of the CA Zone District shall apply to the AP Agricultural Preserve Zone District. The AP regulations are designated to apply only to agricultural lands and open space located within an agricultural preserve established in accordance with the provisions of the California Land Conservation Act of 1965 as now enacted or as hereafter amended, and which are within the AP Zone District as of July 27, 1982.
(D) Interpretation of Provisions. The provisions of this chapter shall be liberally interpreted insofar as they apply to agricultural pursuits and services and shall not be deemed or construed to interfere with any normal accessory use conducted in conjunction therewith. It is the intention of the County to retain for commercial agricultural production, and to encourage the commercial agricultural use of, lands designated by the Board of Supervisors as Type 1, Type 2, or Type 3 agricultural lands on the map entitled “Agricultural Resources” on file with the Planning Department; to provide maximum protection to existing and future agricultural enterprises from restrictions which may be instituted later at the request of future residents; to restrict incompatible development on or adjacent to agricultural land; and to maintain the existing parcel sizes for parcels zoned CA and AP, except where it is clearly demonstrated that any division of such parcels shall not diminish the productivity or in any way hamper or discourage long-term commercial agricultural operations on said parcels or adjoining or nearby parcels. [Ord. 3432 § 1, 1983].
13.10.312 Uses in agricultural districts (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
(A) Principal Permitted Uses.
(1) In the Coastal Zone, the principal permitted uses in the agricultural districts shall be as follows:
CA and AP: agricultural pursuits for the commercial cultivation of plant crops, including food, fiber, flower or other ornamental crops and the commercial raising of animals, including grazing and livestock production, and apiculture and accessory uses and structures, excepting those agricultural activities listed as discretionary uses requiring a Level V or higher approval.
A: agricultural pursuits, including the noncommercial or commercial cultivation of plant crops or raising of animals, including apiculture, single-family residential and accessory uses and structures, excepting those agricultural activities listed as discretionary uses requiring a Level V or higher approval.
(2) Principal permitted uses are all denoted as uses requiring a Level IV or lower approval or as otherwise denoted with the letter P in the agricultural use chart contained in subsection (B) of this section. In the Coastal Zone, actions to approve uses other than principal permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, as specified in Chapter 13.20 SCCC, any development is appealable.
(B) Allowed Uses. The uses allowed in the agricultural districts shall be as provided in the agricultural uses chart below. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the agricultural zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123. All Level V or higher approvals in the CA and AP Zone Districts are subject to the special findings required by SCCC 13.10.314(A) in addition to those required in SCCC 18.10.230.
|
KEY: |
||
|---|---|---|
|
A |
= |
Use must be ancillary and incidental to a principal permitted use on the site |
|
P |
= |
Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone; this applies to multiple parcels when those parcels are contiguous and under common ownership, as defined in SCCC 7.128.030 |
|
1 |
= |
Approval Level I (administrative, no plans required) |
|
2 |
= |
Approval Level II (administrative, plans required) |
|
3 |
= |
Approval Level III (administrative, field visit required) |
|
4 |
= |
Approval Level IV (administrative, public notice required) |
|
5 |
= |
Approval Level V (public hearing by Zoning Administrator required) |
|
6 |
= |
Approval Level VI (public hearing by Planning Commission required) |
|
7 |
= |
Approval Level VII (public hearing by Planning Commission and Board of Supervisors required) |
|
— |
= |
Use not allowed in this zone district |
|
* |
= |
Level IV for projects of less than 2,000 square feet |
|
|
|
Level V for projects of 2,000 to 20,000 square feet |
|
|
|
Level VI for projects of 20,000 square feet and larger |
|
** |
= |
For purposes of this section, “on-site” shall mean on the parcel on which the use is located, plus any other parcel(s) owned, leased and/or rented by the farm operator in this County or adjoining counties |
|
*** |
= |
Processed as a Level V Coastal Zone permit project when within the geographic area defined by SCCC 13.20.073 |
|
**** |
= |
Soils dependent agricultural uses are those uses which use the in situ soils as the growing medium for all crops |
|
***** |
= |
P/# means that the use is principally permitted, with the number after it referring to the process for a required Site Development Permit. |
|
+ |
= |
The P combining zone, added to the AP column header in reference to farmworker housing uses only, indicates parcels are subject to a farmland preservation and/or Williamson Act contract. |
|
++ |
= |
Uses in the Coastal Zone denoted as P/5 are appealable to the Coastal Commission. |
|
BP |
= |
Building permit |
|
BP1 |
= |
Approval Level I (administrative, no plans required) |
|
BP2 |
= |
Approval Level II (administrative, plans required) |
|
BP3 |
= |
Approval Level III (administrative, field visit required) |
|
USE |
CA |
A |
AP (P Comb.+) |
|---|---|---|---|
|
Agricultural activities: crops and livestock |
|||
|
Agricultural custom work occupations subject to the provisions of SCCC 13.10.638 |
P/4 |
P/4 |
P/4 |
|
Agricultural support facilities for processing, packing, drying, storage and refrigeration of produce above a total aggregate size of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater) subject to the provisions of SCCC 13.10.632. Maximum aggregate size of such facilities shall be 50,000 square feet. Inside the Coastal Zone agricultural support facilities greater than 2,000 square feet shall be processed at Level V and shall not be considered a principal permitted use |
|
|
|
|
Up to and including a maximum aggregate of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater) |
3 |
3 |
3 |
|
Greater than an aggregate of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater) |
4 |
4 |
4 |
|
Agricultural service establishments subject to the provisions of SCCC 13.10.633 (see SCCC 13.10.700-A definition) |
— |
5 |
— |
|
Apiculture (beekeeping) |
P |
P |
P |
|
Aquaculture and aquacultural facilities |
5 |
5 |
5 |
|
Biomedical livestock operations (subject to SCCC 13.10.647) |
5 |
5 |
— |
|
Berry and other vine crops |
P |
P |
P |
|
Commercial dairying, subject to the provisions of SCCC 16.22.060 |
BP3 |
5 |
BP3 |
|
Field crops, including hay, grain, seed, and turf crops |
P |
P |
P |
|
Livestock raising for food, fiber or animal production, including rabbits and other small animals under 100 per acre |
P |
P |
P |
|
Livestock raising involving hog farming or small animals over 100 per acre, subject to the provisions of SCCC 16.22.060 |
BP3 |
5 |
BP3 |
|
Nursery crops limited to open field grown ornamental plants, flowers and Christmas trees |
P |
P |
P |
|
Nursery crops, outdoor container grown, covering an area of one acre or less |
P |
P |
P |
|
Nursery crops, outdoor container grown, covering an area larger than one acre |
5 |
5 |
5 |
|
Orchards, including fruit tree and nut crops |
P |
P |
P |
|
Poultry and other fowl raising, including egg production, under 100 birds per acre (see also “Barn” below) |
P |
P |
P |
|
Poultry and other fowl raising involving more than 100 birds per acre |
P |
5 |
P |
|
Row crops, including fruit and vegetable raising |
P |
P |
P |
|
Agricultural Employee (Farmworker) Housing (subject to SCCC 13.10.631) ***** ++ |
|||
|
EHA (Employee Housing Act) projects, subject to SCCC 13.10.631 and California Health and Safety Code Section 17008 et seq. and Section 17021.6. EHA projects provide permanent, temporary or seasonal housing for five or more farmworkers (agricultural employees), including the following types as defined in SCCC 13.10.631: |
|
|
|
|
Employer-Provided Farmworker Housing Project: |
|
|
|
|
• 5 to 36 beds in group quarters designed for single adult farmworkers, or |
|
|
|
|
• 5 to 12 dwelling units, manufactured or mobile homes (MHs), recreational vehicles (RVs), or spaces for MHs or RVs, each designed for occupancy by at least one farmworker and their household. |
|
|
|
|
Inside the Coastal Zone |
P/5 |
P/5 |
P/5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Rural Farmworker Housing Project (rural areas only): |
|
|
|
|
• 5 to 36 beds or 5 to 12 units for Seasonal or Temporary Occupancy, or |
|
|
|
|
• up to 12 mobile homes, manufactured homes, travel trailers, RVs for permanent occupancy. |
|
|
|
|
Inside the Coastal Zone |
P/5 |
P/5 |
P/5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Small Farmworker Housing Project subject to EHA: 1 to 4 dwelling units or mobile homes housing at least 5 farmworkers and licensed by Enforcement Agency, with each unit designed for occupancy by at least 1 farmworker and their household. |
|
|
|
|
Inside the Coastal Zone |
P/5 |
P/5 |
P/5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Small Farmworker Housing Project not subject to EHA: 1 to 4 dwelling units housing no more than 4 farmworkers total, and at least one per dwelling unit, subject to SCCC 13.10.631 |
|
|
|
|
Inside the Coastal Zone |
5 |
5 |
5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Affordable Rental Farmworker Housing Project pursuant to Development Reserve and SCCC 13.10.631 (see SCCC 13.10.631 for map of eligible areas) |
|
|
|
|
Inside the Coastal Zone |
— |
— |
— |
|
Outside the Coastal Zone |
7 |
7 |
7 |
|
Streamlined EHA Projects, subject to SCCC 13.10.631 and California Health and Safety Code Section 17008 et seq. and Section 17021.8. Streamlined EHA Projects provide affordable housing for at least 5 farmworkers, may include up to 36 dwelling units or mobile home/RV spaces, are subject to a 35-year affordability restriction, and qualify for ministerial use approval, as further set forth in Section 17021.8 and SCCC 13.10.631. |
|
|
|
|
Inside the Coastal Zone |
— |
— |
— |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Agricultural Support and Related Facilities |
|||
|
Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU), subject to the provisions of SCCC 13.10.681 |
BP |
BP |
— |
|
Inside the Coastal Zone |
5 |
BP |
— |
|
Outside the Coastal Zone |
4 |
BP |
— |
|
Barns, corrals, or pens used for animal husbandry, subject to the provisions of SCCC 16.22.060 |
BP3 |
BP3 |
BP3 |
|
Caretaker’s quarters, permanent, (see Small Farmworker Housing Project, above) |
|
|
|
|
Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition) |
P |
P |
P |
|
Commercial boarding of animals, subject to the provisions of SCCC 13.10.641(B) |
P/5 |
P/5 |
P/5 |
|
Consumer harvesting, on-site** |
P |
P |
P |
|
Dwelling unit, one detached single-family per parcel, subject to the provisions of SCCC 13.10.314 |
|
|
|
|
Inside the Coastal Zone (requires APAC review in the CA and AP Zone Districts) |
5 |
BP3 |
5 |
|
Outside the Coastal Zone |
BP3 |
BP3 |
BP3 |
|
Dwelling unit, one detached single-family per parcel, 5,000 square feet or larger, exclusive of accessory structure(s) associated with the residential use, but specifically excluding barn or similar accessory structures subject to the provisions of SCCC 13.10.314 and 13.10.325 |
5 |
5 |
5 |
|
Dwelling units, dwelling groups subject to the provisions of SCCC 13.10.313(E), 13.10.313(F) and 13.10.314 |
|
|
|
|
2—4 units |
5 |
5 |
5 |
|
5—19 units |
6 |
6 |
6 |
|
20+ units |
7 |
7 |
7 |
|
Energy facilities, community, subject to the provisions of SCCC 13.10.661 and 13.10.700-E (definition) |
5 |
5 |
5 |
|
Facilities for fish and wildlife enhancement and preservation |
P |
P |
P |
|
Farmworker housing (see Agricultural Employee (Farmworker) Housing, above) |
|
|
|
|
Farm outbuildings and other agricultural accessory structures for storage or equipment with or without a single room containing lavatory facilities |
BP3 |
BP3 |
BP3 |
|
Fences, subject to the provisions of SCCC 13.10.525 |
P/3/5 |
P/3/5 |
P/3/5 |
|
Fire protection facilities |
— |
5 |
— |
|
Flood control works, including channel rectification and alteration; dams, canals and aqueducts of any public water project |
5 |
5 |
5 |
|
Foster homes for seven or fewer children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
P |
P |
P |
|
Foster homes for eight or more children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
5 |
5 |
5 |
|
Fuel storage tanks and pumps |
BP2 |
BP2 |
BP2 |
|
Greenhouse structures, as accessory structures, under 500 square feet in area |
BP2 |
BP2 |
BP2 |
|
Greenhouse structures, outside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) |
|
|
|
|
500—20,000 square feet |
3 |
4 |
3 |
|
Over 20,000 square feet |
4 |
4 |
4 |
|
Greenhouse structures soil dependent****, inside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) and 13.20.073 |
|
|
|
|
500—20,000 square feet |
3 |
3 |
3 |
|
Over 20,000 square feet |
P/4 |
P/4 |
P/4 |
|
Greenhouses, improvements and expansions up to 10,000 square feet in area, inside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) and 13.20.073 |
BP3 |
4 |
BP3 |
|
Greenhouses, all others in the Coastal Zone |
|
|
|
|
Up to 20,000 square feet |
P/5 |
P/5 |
P/5 |
|
Greater than 20,000 square feet |
5 |
5 |
5 |
|
Greenhouse replacement, reconstruction or structural alteration, pursuant to SCCC 13.10.636(B) and (C) |
BP3 |
BP3 |
BP3 |
|
Habitable accessory structure when incidental to a residential use and not for agricultural purposes, subject to the provisions of SCCC 13.10.611 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Nonhabitable accessory structure when incidental to a residential use and not for agricultural purposes (subject to the provisions of SCCC 13.10.313(A) and 13.10.611) |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Home occupations subject to the provisions of SCCC 13.10.613 |
P/5 |
P/5 |
P/5 |
|
Hosted rentals, subject to SCCC 13.10.690 |
1P |
1P |
1P |
|
Kennels, commercial or private, for five or more dogs or cats over the age of four months subject to the provisions of SCCC 13.10.323 |
5 |
5 |
5 |
|
Lumber mills |
— |
5 |
— |
|
Manufactured home, as a single-family dwelling unit, subject to the provisions of SCCC 13.10.682 |
|
|
|
|
Inside the Coastal Zone |
5 |
5 |
5 |
|
Outside the Coastal Zone |
BP3 |
BP3 |
BP3 |
|
Mushroom farms and other agriculture within structures, subject to the provisions of SCCC 13.10.634 |
|
|
|
|
Additions, less than 500 square feet |
BP3 |
BP3 |
BP3 |
|
Additions, 500—20,000 square feet |
BP3 |
5 |
BP3 |
|
Offices within existing structures operated in conjunction with an allowed use |
BP2 |
BP2 |
BP2 |
|
Public utility facilities; energy facilities (see SCCC 13.10.700-E definition) |
— |
5 |
— |
|
Publicly owned and operated sanitary landfill either by contract or by public forces, subject to the provisions of SCCC 13.10.639 |
7 |
7 |
7 |
|
Recreational activities: playfields not involving permanent structures or paving. Within the Coastal Zone allow this use only in the A (noncommercial agriculture) Zone District |
5 |
5 |
5 |
|
Recycled municipal wastewater (i.e., tertiary treatment) facilities for the production of recycled water solely for agricultural irrigation use, subject to the provisions of SCCC 13.10.635 |
7 |
7 |
7 |
|
Reservoirs or ponds |
3 |
3 |
3 |
|
Residential care home serving 6 or fewer residents (see SCCC 13.10.700-R definition) |
P |
P |
P |
|
Riding academies or public stables, subject to the provisions of SCCC 13.10.641 |
5 |
5 |
5 |
|
Septic tank sludge disposal sites that are approved by the Health Officer pursuant to Chapter 7.42 SCCC and that are located outside the Coastal Zone |
— |
4 |
— |
|
Signs in conjunction with principal permitted uses as described in SCCC 13.10.580(A) and (B) |
P |
P |
P |
|
Signs in conjunction with nonprincipal permitted uses as described in SCCC 13.10.580(C) and (D) |
BP2 |
BP2 |
BP2 |
|
Stands for the display and sale of agricultural commodities produced on-site** |
BP2 |
BP2 |
BP2 |
|
Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694) |
4 |
4 |
4 |
|
Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694) |
5 |
5 |
5 |
|
Timber harvesting and associated operations (outside the Coastal Zone only) |
P |
— |
— |
|
Veterinary offices and animal hospitals subject to the provisions of SCCC 13.10.642 |
5 |
5 |
5 |
|
Visitor accommodations, such as: bed and breakfast inns (subject to SCCC 13.10.691) |
— |
5 |
— |
|
Water pollution control facilities for agricultural purposes constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board, or erosion control facilities constructed to comply with County ordinances |
3 |
3 |
3 |
|
Water wells, storage tanks and distribution lines, well covers and small pump houses utilized strictly for on-site agriculturally related activities |
1*** |
1*** |
1*** |
|
Wineries under 1,000 gallons annual production as a home occupation, subject to the provisions of SCCC 13.10.637 |
P |
P |
P |
|
Wineries, subject to the provisions of SCCC 13.10.637 |
|
|
|
|
Under 1,000 gallons and not a home occupation |
3 |
3 |
3 |
|
Over 1,000 gallons and under 20,000 gallons annual production: |
|
|
|
|
On parcels under 2.5 acres in size |
3 |
5 |
3 |
|
On parcels 2.5 acres or larger |
3 |
3 |
3 |
|
Over 20,000 gallons and under 50,000 gallons annual production: |
|
|
|
|
On parcels under 10 acres in size |
5 |
5 |
5 |
|
On parcels 10 acres or larger |
3 |
3 |
3 |
|
Over 50,000 gallons and under 100,000 gallons annual production and on any size parcel |
5 |
5 |
5 |
|
Over 100,000 gallons annual production on any size parcel |
6 |
6 |
6 |
|
Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive |
BP/5 |
BP/5 |
BP/5 |
|
Zoos and natural science museums |
— |
5 |
— |
|
Cannabis Cultivation (commercial) (subject to SCCC 13.10.650)Ŧ |
|
|
— |
|
Indoor cultivation (existing legal structure, other than greenhouse) |
P |
4X/5 |
— |
|
New indoor cultivation structure (other than greenhouse) |
|
|
— |
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
< 2,000 square feet |
3 |
4X/5 |
— |
|
> 2,000 square feet |
5 |
5 |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
|
Greenhouse (existing) |
|
|
|
|
< 20,000 square feet |
P |
4X/5 |
— |
|
> 20,000 square feet |
P |
5 |
— |
|
Greenhouse, replacement, reconstruction or structural alteration, pursuant to SCCC 13.10.636(B) and (C) |
BP3 |
5 |
— |
|
Greenhouse (new) |
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
< 2,000 square feet |
3 |
4X/5 |
— |
|
2,000—20,000 square feet |
3/4N |
— |
— |
|
> 20,000 square feet |
4 |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
|
Outdoor cultivation (including hoop house) |
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
P |
4X/5 |
— |
|
Inside Coastal Zone and 1-mile buffer |
P |
4X/5 |
— |
|
Hoop house (new) |
|
|
|
|
Inside Coastal Zone |
— |
— |
— |
|
Water tank (accessory to cannabis use) |
P |
3 |
— |
|
Cannabis Manufacturing (commercial) (subject to SCCC 13.10.650)Ŧ |
|
|
|
|
Classes 1—2***** |
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
|
|
|
|
0—2,000 square feet |
|
|
|
|
Over 5-acre parcel |
3 |
3/5± |
— |
|
Less than 5-acre parcel |
3 |
5 |
— |
|
> 2,000 square feet |
|
|
|
|
5-acre or greater parcel |
4 |
4/5± |
— |
|
Less than 5-acre parcel |
4 |
5 |
— |
|
Inside Coastal Zone + 1 mile, existing legal structure |
|
|
|
|
0—2,000 square feet |
3 |
3/5± |
— |
|
> 2,000 square feet |
5 |
5 |
— |
|
Class 3 |
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
4 |
— |
— |
|
Inside Coastal Zone +1 mile, existing legal structure |
|
|
|
|
0—2000 square feet |
4 |
— |
— |
|
> 2000 square feet |
5 |
— |
— |
|
Cannabis Distribution (subject to SCCC 13.10.650)Ŧ |
|
|
|
|
Class 1***** |
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
|
|
|
|
< 2,000 square feet (new structure) |
3 |
3 |
— |
|
< 2,000 square feet (existing structure) |
P |
3 |
— |
|
> 2,000 square feet (new structure) |
4 |
5 |
— |
|
> 2,000 square feet (existing legal structure) |
P |
5 |
— |
|
Inside Coastal Zone and 1-mile buffer, existing legal structure |
|
|
|
|
< 2,000 square feet |
P |
3 |
— |
|
> 2,000 square feet |
P |
5 |
— |
|
Class 2, existing legal structure |
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
P |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
P |
— |
— |
|
Transport Only |
P |
P |
— |
|
Ŧ With a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer. N Level 4 approval applies to all use permits where the parcel is adjacent to another parcel zoned PR or a parcel zoned A, AP, RA, RR, R-1, RB, RM, TP, SU which contains a residential structure. XLevel 4 approval applies only to Class CG licensed cultivation activities. ± Level 5 approval required if manufacturing activity involves cannabis imported from offsite or employees (not including the owner). *****Cannabis manufacturing and distribution uses must be ancillary to on-site commercial cannabis cultivation in the A zone district. |
|||
[Ord. 5402 § 1, 2022; Ord. 5382 § 1, 2021; Ord. 5365 § 1, 2021; Ord. 5345 § 1, 2020; Ord. 5336 § 2, 2020; Ord. 5334 § 2, 2020; Ord. 5326 § 3, 2020; Ord. 5325 § 3, 2020; Ord. 5321 § 1, 2019; Ord. 5302 § 1, 2019; Ord. 5272 § 2, 2018; Ord. 5266 § 1, 2018; Ord. 5265 § 1, 2018; Ord. 5264 § 2, 2018; Ord. 5239 § 2, 2017; Ord. 5229 § 1, 2016; Ord. 5152 § 1, 2013; Ord. 5092 § 1, 2011; Ord. 5061 §§ 4—8, 2009; Ord. 5018 §§ 1—5, 2008; Ord. 4921 §§ 2, 3, 4, 2008; Ord. 4883 § 1, 2007; Ord. 4836 §§ 12—41, 2006; Ord. 4821 § 1, 2006; Ord. 4814 § 1, 2006; Ord. 4808 §§ 1—5, 2005; Ord. 4770 § 1, 2004; Ord. 4751 § 4, 2003; Ord. 4744 § 1, 2003; Ord. 4738 §§ 1, 2, 2003; Ord. 4715 § 1, 2003; Ord. 4659 § 1, 2002; Ord. 4578 §§ 1, 2, 1999; Ord. 4495 § 2, 1998; Ord. 4474-C § 1, 1998; Ord. 4471 § 1, 1997; Ord. 4416 § 2, 1996; Ord. 4406 § 2, 1996; Ord. 4369 § 1, 1995; Ord. 4346 § 7, 1994; Ord. 4158 § 2, 1991; Ord. 4099 § 2, 1990; Ord. 4097 § 2, 1990; Ord. 4094 § 2, 1990; Ord. 4036 § 3, 1989; Ord. 3893 § 1, 1988; Ord. 3845 § 2, 1987; Ord. 3842 § 1, 1987; Ord. 3787-C § 2, 1986; Ord. 3766 § 1, 1986; Ord. 3646 § 1, 1985; Ord. 3632 § 5, 1985; Ord. 3593 § 3, 1984; Ord. 3432 § 1, 1983].
13.10.312 Uses in agricultural districts (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
(A) Principal Permitted Uses.
(1) In the Coastal Zone, the principal permitted uses in the agricultural districts shall be as follows:
CA and AP: agricultural pursuits for the commercial cultivation of plant crops, including food, fiber, flower or other ornamental crops and the commercial raising of animals, including grazing and livestock production, and apiculture and accessory uses and structures, excepting those agricultural activities listed as discretionary uses requiring a Level V or higher approval.
A: agricultural pursuits, including the noncommercial or commercial cultivation of plant crops or raising of animals, including apiculture, single-family residential and accessory uses and structures, excepting those agricultural activities listed as discretionary uses requiring a Level V or higher approval.
(2) Principal permitted uses are all denoted as uses requiring a Level IV or lower approval or as otherwise denoted with the letter P in the agricultural use chart contained in subsection (B) of this section. In the Coastal Zone, actions to approve uses other than principal permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, as specified in Chapter 13.20 SCCC, any development is appealable.
(B) Allowed Uses. The uses allowed in the agricultural districts shall be as provided in the agricultural uses chart below. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the agricultural zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123. All Level V or higher approvals in the CA and AP Zone Districts are subject to the special findings required by SCCC 13.10.314(A) in addition to those required in SCCC 18.10.230.
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KEY: |
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|---|---|---|
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A |
= |
Use must be ancillary and incidental to a principal permitted use on the site |
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P |
= |
Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone; this applies to multiple parcels when those parcels are contiguous and under common ownership, as defined in SCCC 7.128.030 |
|
1 |
= |
Approval Level I (administrative, no plans required) |
|
2 |
= |
Approval Level II (administrative, plans required) |
|
3 |
= |
Approval Level III (administrative, field visit required) |
|
4 |
= |
Approval Level IV (administrative, public notice required) |
|
5 |
= |
Approval Level V (public hearing by Zoning Administrator required) |
|
6 |
= |
Approval Level VI (public hearing by Planning Commission required) |
|
7 |
= |
Approval Level VII (public hearing by Planning Commission and Board of Supervisors required) |
|
— |
= |
Use not allowed in this zone district |
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* |
= |
Level IV for projects of less than 2,000 square feet |
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|
Level V for projects of 2,000 to 20,000 square feet |
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|
Level VI for projects of 20,000 square feet and larger |
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** |
= |
For purposes of this section, “on-site” shall mean on the parcel on which the use is located, plus any other parcel(s) owned, leased and/or rented by the farm operator in this County or adjoining counties |
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*** |
= |
Processed as a Level V Coastal Zone permit project when within the geographic area defined by SCCC 13.20.073 |
|
**** |
= |
Soils dependent agricultural uses are those uses which use the in situ soils as the growing medium for all crops |
|
***** |
= |
P/# means that the use is principally permitted, with the number after it referring to the process for a required Site Development Permit. |
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+ |
= |
The P combining zone, added to the AP column header in reference to farmworker housing uses only, indicates parcels are subject to a farmland preservation and/or Williamson Act contract. |
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++ |
= |
Uses in the Coastal Zone denoted as P/5 are appealable to the Coastal Commission. |
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BP |
= |
Building permit |
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BP1 |
= |
Approval Level I (administrative, no plans required) |
|
BP2 |
= |
Approval Level II (administrative, plans required) |
|
BP3 |
= |
Approval Level III (administrative, field visit required) |
|
USE |
CA |
A |
AP (P Comb.+) |
|---|---|---|---|
|
Agricultural activities: crops and livestock |
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|
Agricultural custom work occupations subject to the provisions of SCCC 13.10.638 |
P/4 |
P/4 |
P/4 |
|
Agricultural support facilities for processing, packing, drying, storage and refrigeration of produce above a total aggregate size of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater) subject to the provisions of SCCC 13.10.632. Maximum aggregate size of such facilities shall be 50,000 square feet. Inside the Coastal Zone agricultural support facilities greater than 2,000 square feet shall be processed at Level V and shall not be considered a principal permitted use |
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|
|
Up to and including a maximum aggregate of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater) |
3 |
3 |
3 |
|
Greater than an aggregate of 2,000 square feet or 100 square feet per acre on-site** (whichever is greater) |
4 |
4 |
4 |
|
Agricultural service establishments subject to the provisions of SCCC 13.10.633 (see SCCC 13.10.700-A definition) |
— |
5 |
— |
|
Apiculture (beekeeping) |
P |
P |
P |
|
Aquaculture and aquacultural facilities |
5 |
5 |
5 |
|
Biomedical livestock operations (subject to SCCC 13.10.647) |
5 |
5 |
— |
|
Berry and other vine crops |
P |
P |
P |
|
Commercial dairying, subject to the provisions of SCCC 16.22.060 |
BP3 |
5 |
BP3 |
|
Field crops, including hay, grain, seed, and turf crops |
P |
P |
P |
|
Livestock raising for food, fiber or animal production, including rabbits and other small animals under 100 per acre |
P |
P |
P |
|
Livestock raising involving hog farming or small animals over 100 per acre, subject to the provisions of SCCC 16.22.060 |
BP3 |
5 |
BP3 |
|
Nursery crops limited to open field grown ornamental plants, flowers and Christmas trees |
P |
P |
P |
|
Nursery crops, outdoor container grown, covering an area of one acre or less |
P |
P |
P |
|
Nursery crops, outdoor container grown, covering an area larger than one acre |
5 |
5 |
5 |
|
Orchards, including fruit tree and nut crops |
P |
P |
P |
|
Poultry and other fowl raising, including egg production, under 100 birds per acre (see also “Barn” below) |
P |
P |
P |
|
Poultry and other fowl raising involving more than 100 birds per acre |
P |
5 |
P |
|
Row crops, including fruit and vegetable raising |
P |
P |
P |
|
Agricultural Employee (Farmworker) Housing (subject to SCCC 13.10.631) ***** ++ |
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EHA (Employee Housing Act) projects, subject to SCCC 13.10.631 and California Health and Safety Code Section 17008 et seq. and Section 17021.6. EHA projects provide permanent, temporary or seasonal housing for five or more farmworkers (agricultural employees), including the following types as defined in SCCC 13.10.631: |
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Employer-Provided Farmworker Housing Project: |
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|
|
|
• 5 to 36 beds in group quarters designed for single adult farmworkers, or |
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|
• 5 to 12 dwelling units, manufactured or mobile homes (MHs), recreational vehicles (RVs), or spaces for MHs or RVs, each designed for occupancy by at least one farmworker and their household. |
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|
|
|
Inside the Coastal Zone |
P/5 |
P/5 |
P/5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Rural Farmworker Housing Project (rural areas only): |
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|
• 5 to 36 beds or 5 to 12 units for Seasonal or Temporary Occupancy, or |
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|
|
• up to 12 mobile homes, manufactured homes, travel trailers, RVs for permanent occupancy. |
|
|
|
|
Inside the Coastal Zone |
P/5 |
P/5 |
P/5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Small Farmworker Housing Project subject to EHA: 1 to 4 dwelling units or mobile homes housing at least 5 farmworkers and licensed by Enforcement Agency, with each unit designed for occupancy by at least 1 farmworker and their household. |
|
|
|
|
Inside the Coastal Zone |
P/5 |
P/5 |
P/5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Small Farmworker Housing Project not subject to EHA: 1 to 4 dwelling units housing no more than 4 farmworkers total, and at least one per dwelling unit, subject to SCCC 13.10.631 |
|
|
|
|
Inside the Coastal Zone |
5 |
5 |
5 |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Affordable Rental Farmworker Housing Project pursuant to Development Reserve and SCCC 13.10.631 (see SCCC 13.10.631 for map of eligible areas) |
|
|
|
|
Inside the Coastal Zone |
— |
— |
— |
|
Outside the Coastal Zone |
7 |
7 |
7 |
|
Streamlined EHA Projects, subject to SCCC 13.10.631 and California Health and Safety Code Section 17008 et seq. and Section 17021.8. Streamlined EHA Projects provide affordable housing for at least 5 farmworkers, may include up to 36 dwelling units or mobile home/RV spaces, are subject to a 35-year affordability restriction, and qualify for ministerial use approval, as further set forth in Section 17021.8 and SCCC 13.10.631. |
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|
|
|
Inside the Coastal Zone |
— |
— |
— |
|
Outside the Coastal Zone |
P/3 |
P/3 |
P/5 |
|
Agricultural Support and Related Facilities |
|||
|
Accessory Dwelling Unit (ADU) and Junior Accessory Dwelling Unit (JADU), subject to the provisions of SCCC 13.10.681 |
BP |
BP |
— |
|
Inside the Coastal Zone |
5 |
BP |
— |
|
Outside the Coastal Zone |
4 |
BP |
— |
|
Barns, corrals, or pens used for animal husbandry, subject to the provisions of SCCC 16.22.060 |
BP3 |
BP3 |
BP3 |
|
Caretaker’s quarters, permanent, (see Small Farmworker Housing Project, above) |
|
|
|
|
Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition) |
P |
P |
P |
|
Commercial boarding of animals, subject to the provisions of SCCC 13.10.641(B) |
P/5 |
P/5 |
P/5 |
|
Consumer harvesting, on-site** |
P |
P |
P |
|
Dwelling unit, one detached single-family per parcel, subject to the provisions of SCCC 13.10.314 |
|
|
|
|
Inside the Coastal Zone (requires APAC review in the CA and AP Zone Districts) |
5 |
BP3 |
5 |
|
Outside the Coastal Zone |
BP3 |
BP3 |
BP3 |
|
Dwelling unit, one detached single-family per parcel, 5,000 square feet or larger, exclusive of accessory structure(s) associated with the residential use, but specifically excluding barn or similar accessory structures subject to the provisions of SCCC 13.10.314 and 13.10.325 |
5 |
5 |
5 |
|
Dwelling units, dwelling groups subject to the provisions of SCCC 13.10.313(E), 13.10.313(F) and 13.10.314 |
|
|
|
|
2—4 units |
5 |
5 |
5 |
|
5—19 units |
6 |
6 |
6 |
|
20+ units |
7 |
7 |
7 |
|
Energy facilities, community, subject to the provisions of SCCC 13.10.661 and 13.10.700-E (definition) |
5 |
5 |
5 |
|
Facilities for fish and wildlife enhancement and preservation |
P |
P |
P |
|
Farmworker housing (see Agricultural Employee (Farmworker) Housing, above) |
|
|
|
|
Farm outbuildings and other agricultural accessory structures for storage or equipment with or without a single room containing lavatory facilities |
BP3 |
BP3 |
BP3 |
|
Fences, subject to the provisions of SCCC 13.10.525 |
P/3/5 |
P/3/5 |
P/3/5 |
|
Fire protection facilities |
— |
5 |
— |
|
Flood control works, including channel rectification and alteration; dams, canals and aqueducts of any public water project |
5 |
5 |
5 |
|
Foster homes for seven or fewer children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
P |
P |
P |
|
Foster homes for eight or more children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
5 |
5 |
5 |
|
Fuel storage tanks and pumps |
BP2 |
BP2 |
BP2 |
|
Greenhouse structures, as accessory structures, under 500 square feet in area |
BP2 |
BP2 |
BP2 |
|
Greenhouse structures, outside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) |
|
|
|
|
500—20,000 square feet |
3 |
4 |
3 |
|
Over 20,000 square feet |
4 |
4 |
4 |
|
Greenhouse structures soil dependent****, inside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) and 13.20.073 |
|
|
|
|
500—20,000 square feet |
3 |
3 |
3 |
|
Over 20,000 square feet |
P/4 |
P/4 |
P/4 |
|
Greenhouses, improvements and expansions up to 10,000 square feet in area, inside the Coastal Zone, subject to the provisions of SCCC 13.10.636(A) and 13.20.073 |
BP3 |
4 |
BP3 |
|
Greenhouses, all others in the Coastal Zone |
|
|
|
|
Up to 20,000 square feet |
P/5 |
P/5 |
P/5 |
|
Greater than 20,000 square feet |
5 |
5 |
5 |
|
Greenhouse replacement, reconstruction or structural alteration, pursuant to SCCC 13.10.636(B) and (C) |
BP3 |
BP3 |
BP3 |
|
Habitable accessory structure when incidental to a residential use and not for agricultural purposes, subject to the provisions of SCCC 13.10.611 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Nonhabitable accessory structure when incidental to a residential use and not for agricultural purposes (subject to the provisions of SCCC 13.10.313(A) and 13.10.611) |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Home occupations subject to the provisions of SCCC 13.10.613 |
P/5 |
P/5 |
P/5 |
|
Hosted rentals, subject to SCCC 13.10.690 |
1P |
1P |
1P |
|
Kennels, commercial or private, for five or more dogs or cats over the age of four months subject to the provisions of SCCC 13.10.323 |
5 |
5 |
5 |
|
Lumber mills |
— |
5 |
— |
|
Manufactured home, as a single-family dwelling unit, subject to the provisions of SCCC 13.10.682 |
|
|
|
|
Inside the Coastal Zone |
5 |
5 |
5 |
|
Outside the Coastal Zone |
BP3 |
BP3 |
BP3 |
|
Mushroom farms and other agriculture within structures, subject to the provisions of SCCC 13.10.634 |
|
|
|
|
Additions, less than 500 square feet |
BP3 |
BP3 |
BP3 |
|
Additions, 500—20,000 square feet |
BP3 |
5 |
BP3 |
|
Offices within existing structures operated in conjunction with an allowed use |
BP2 |
BP2 |
BP2 |
|
Public utility facilities; energy facilities (see SCCC 13.10.700-E definition) |
— |
5 |
— |
|
Publicly owned and operated sanitary landfill either by contract or by public forces, subject to the provisions of SCCC 13.10.639 |
7 |
7 |
7 |
|
Recreational activities: playfields not involving permanent structures or paving. Within the Coastal Zone allow this use only in the A (noncommercial agriculture) Zone District |
5 |
5 |
5 |
|
Recycled municipal wastewater (i.e., tertiary treatment) facilities for the production of recycled water solely for agricultural irrigation use, subject to the provisions of SCCC 13.10.635 |
7 |
7 |
7 |
|
Reservoirs or ponds |
3 |
3 |
3 |
|
Residential care home serving 6 or fewer residents (see SCCC 13.10.700-R definition) |
P |
P |
P |
|
Riding academies or public stables, subject to the provisions of SCCC 13.10.641 |
5 |
5 |
5 |
|
Septic tank sludge disposal sites that are approved by the Health Officer pursuant to Chapter 7.42 SCCC and that are located outside the Coastal Zone |
— |
4 |
— |
|
Signs in conjunction with principal permitted uses as described in SCCC 13.10.580(A) and (B) |
P |
P |
P |
|
Signs in conjunction with nonprincipal permitted uses as described in SCCC 13.10.580(C) and (D) |
BP2 |
BP2 |
BP2 |
|
Stands for the display and sale of agricultural commodities produced on-site** |
BP2 |
BP2 |
BP2 |
|
Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694) |
4 |
4 |
4 |
|
Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694) |
5 |
5 |
5 |
|
Timber harvesting and associated operations (outside the Coastal Zone only) |
P |
— |
— |
|
Veterinary offices and animal hospitals subject to the provisions of SCCC 13.10.642 |
5 |
5 |
5 |
|
Visitor accommodations, such as: bed and breakfast inns (subject to SCCC 13.10.691) |
— |
5 |
— |
|
Water pollution control facilities for agricultural purposes constructed to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board, or erosion control facilities constructed to comply with County ordinances |
3 |
3 |
3 |
|
Water wells, storage tanks and distribution lines, well covers and small pump houses utilized strictly for on-site agriculturally related activities |
1*** |
1*** |
1*** |
|
Wineries under 1,000 gallons annual production as a home occupation, subject to the provisions of SCCC 13.10.637 |
P |
P |
P |
|
Wineries, subject to the provisions of SCCC 13.10.637 |
|
|
|
|
Under 1,000 gallons and not a home occupation |
3 |
3 |
3 |
|
Over 1,000 gallons and under 20,000 gallons annual production: |
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|
|
|
On parcels under 2.5 acres in size |
3 |
5 |
3 |
|
On parcels 2.5 acres or larger |
3 |
3 |
3 |
|
Over 20,000 gallons and under 50,000 gallons annual production: |
|
|
|
|
On parcels under 10 acres in size |
5 |
5 |
5 |
|
On parcels 10 acres or larger |
3 |
3 |
3 |
|
Over 50,000 gallons and under 100,000 gallons annual production and on any size parcel |
5 |
5 |
5 |
|
Over 100,000 gallons annual production on any size parcel |
6 |
6 |
6 |
|
Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.668, inclusive |
5 |
5 |
5 |
|
Zoos and natural science museums |
— |
5 |
— |
|
Cannabis Cultivation (commercial) (subject to SCCC 13.10.650)Ŧ |
|
|
— |
|
Indoor cultivation (existing legal structure, other than greenhouse) |
P |
4X/5 |
— |
|
New indoor cultivation structure (other than greenhouse) |
|
|
— |
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
< 2,000 square feet |
3 |
4X/5 |
— |
|
> 2,000 square feet |
5 |
5 |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
|
Greenhouse (existing) |
|
|
|
|
< 20,000 square feet |
P |
4X/5 |
— |
|
> 20,000 square feet |
P |
5 |
— |
|
Greenhouse, replacement, reconstruction or structural alteration, pursuant to SCCC 13.10.636(B) and (C) |
BP3 |
5 |
— |
|
Greenhouse (new) |
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
< 2,000 square feet |
3 |
4X/5 |
— |
|
2,000—20,000 square feet |
3/4N |
— |
— |
|
> 20,000 square feet |
4 |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
|
Outdoor cultivation (including hoop house) |
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
P |
4X/5 |
— |
|
Inside Coastal Zone and 1-mile buffer |
P |
4X/5 |
— |
|
Hoop house (new) |
|
|
|
|
Inside Coastal Zone |
— |
— |
— |
|
Water tank (accessory to cannabis use) |
P |
3 |
— |
|
Cannabis Manufacturing (commercial) (subject to SCCC 13.10.650)Ŧ |
|
|
|
|
Classes 1—2***** |
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|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
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|
0—2,000 square feet |
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|
|
Over 5-acre parcel |
3 |
3/5± |
— |
|
Less than 5-acre parcel |
3 |
5 |
— |
|
> 2,000 square feet |
|
|
|
|
5-acre or greater parcel |
4 |
4/5± |
— |
|
Less than 5-acre parcel |
4 |
5 |
— |
|
Inside Coastal Zone + 1 mile, existing legal structure |
|
|
|
|
0—2,000 square feet |
3 |
3/5± |
— |
|
> 2,000 square feet |
5 |
5 |
— |
|
Class 3 |
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
4 |
— |
— |
|
Inside Coastal Zone +1 mile, existing legal structure |
|
|
|
|
0—2000 square feet |
4 |
— |
— |
|
> 2000 square feet |
5 |
— |
— |
|
Cannabis Distribution (subject to SCCC 13.10.650)Ŧ |
|
|
|
|
Class 1***** |
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
|
|
|
|
< 2,000 square feet (new structure) |
3 |
3 |
— |
|
< 2,000 square feet (existing structure) |
P |
3 |
— |
|
> 2,000 square feet (new structure) |
4 |
5 |
— |
|
> 2,000 square feet (existing legal structure) |
P |
5 |
— |
|
Inside Coastal Zone and 1-mile buffer, existing legal structure |
|
|
|
|
< 2,000 square feet |
P |
3 |
— |
|
> 2,000 square feet |
P |
5 |
— |
|
Class 2, existing legal structure |
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
P |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
P |
— |
— |
|
Transport Only |
P |
P |
— |
|
Ŧ With a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer. N Level 4 approval applies to all use permits where the parcel is adjacent to another parcel zoned PR or a parcel zoned A, AP, RA, RR, R-1, RB, RM, TP, SU which contains a residential structure. XLevel 4 approval applies only to Class CG licensed cultivation activities. ± Level 5 approval required if manufacturing activity involves cannabis imported from offsite or employees (not including the owner). *****Cannabis manufacturing and distribution uses must be ancillary to on-site commercial cannabis cultivation in the A zone district. |
|||
[Ord. 5382 § 1, 2021; Ord. 5365 § 1, 2021; Ord. 5345 § 1, 2020; Ord. 5336 § 2, 2020; Ord. 5334 § 2, 2020; Ord. 5326 § 3, 2020; Ord. 5325 § 3, 2020; Ord. 5321 § 1, 2019; Ord. 5302 § 1, 2019; Ord. 5272 § 2, 2018; Ord. 5266 § 1, 2018; Ord. 5265 § 1, 2018; Ord. 5264 § 2, 2018; Ord. 5239 § 2, 2017; Ord. 5229 § 1, 2016; Ord. 5152 § 1, 2013; Ord. 5092 § 1, 2011; Ord. 5061 §§ 4—8, 2009; Ord. 5018 §§ 1—5, 2008; Ord. 4921 §§ 2, 3, 4, 2008; Ord. 4883 § 1, 2007; Ord. 4836 §§ 12—41, 2006; Ord. 4821 § 1, 2006; Ord. 4814 § 1, 2006; Ord. 4808 §§ 1—5, 2005; Ord. 4770 § 1, 2004; Ord. 4751 § 4, 2003; Ord. 4744 § 1, 2003; Ord. 4738 §§ 1, 2, 2003; Ord. 4715 § 1, 2003; Ord. 4659 § 1, 2002; Ord. 4578 §§ 1, 2, 1999; Ord. 4495 § 2, 1998; Ord. 4474-C § 1, 1998; Ord. 4471 § 1, 1997; Ord. 4416 § 2, 1996; Ord. 4406 § 2, 1996; Ord. 4369 § 1, 1995; Ord. 4346 § 7, 1994; Ord. 4158 § 2, 1991; Ord. 4099 § 2, 1990; Ord. 4097 § 2, 1990; Ord. 4094 § 2, 1990; Ord. 4036 § 3, 1989; Ord. 3893 § 1, 1988; Ord. 3845 § 2, 1987; Ord. 3842 § 1, 1987; Ord. 3787-C § 2, 1986; Ord. 3766 § 1, 1986; Ord. 3646 § 1, 1985; Ord. 3632 § 5, 1985; Ord. 3593 § 3, 1984; Ord. 3432 § 1, 1983].
13.10.313 Development standards. Amended pending Coastal Commission approval Ord. 5423
(A) Site and Structural Dimensions.
(1) General. The following site area per dwelling unit, site width, frontage, yard dimensions, and building height limits shall apply to all agricultural zone districts except that maximum height limits and exceptions therefrom for residential structures in all agricultural districts shall be determined in accordance with the provisions of SCCC 13.10.323 applicable to parcels in the residential zone districts. On legal lots of record less than two and one-half acres in size, all site and structural dimensions of the residential districts as indicated in SCCC 13.10.323 shall apply, based on the pre-existing parcel size.
|
Designation |
Parcel Size |
Width |
Frontage |
Front Yard |
|---|---|---|---|---|
|
A |
Less than 5 acres |
100' |
60' |
20' |
|
A |
5 acres or more |
300' |
100' |
20' |
|
CA |
(All) |
300' |
100' |
20' |
|
AP |
(All) |
300' |
100' |
20' |
|
Designation |
Setbacks: |
Maximum Height for Agricultural Structures |
Maximum Height for Residential Structures |
|
|---|---|---|---|---|
|
Side |
Rear |
|||
|
A |
20' |
20' |
40' |
28' |
|
A |
20' |
20' |
40' |
28' |
|
CA |
20' |
20' |
40' |
28' |
|
AP |
20' |
20' |
40' |
28' |
(2) Size and Design of Structures—Exceptions. No residential structure shall be constructed or enlarged which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures associated with the residential use, unless a Level V approval is obtained pursuant to the provisions of SCCC 13.10.325.
(B) Distance Between Structures. Incidental and accessory structures may be attached to and have a common wall with a main structure on a site or may be connected with a main structure by a breezeway; provided, that a structure housing livestock shall not be attached to a structure used for human habitation. Where there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be 10 feet. The minimum distance between dwelling units shall be 10 feet. The minimum distance between a structure used for human habitation and a structure housing livestock shall be 50 feet.
(C) Minimum Parcel Size.
(1) A District. The minimum average parcel size in net developable acres for new parcels created in the A Zone District outside the urban services line (USL) shall be within the range of two and one-half to 20 or 10 to 40 acres per dwelling unit and shall be consistent with the requirements of the General Plan, the Local Coastal Program Land Use Plan and Chapter 13.14 SCCC pertaining to rural residential density determinations. Land divisions shall not be allowed within the A Zone District on properties within the USL.
(2) CA District. Parcels within the CA Zone District shall not be divided except for exclusive agricultural purposes pursuant to SCCC 13.10.315.
(3) AP District. Parcels within the AP Zone District shall not be divided except for exclusive agricultural purposes pursuant to SCCC 13.10.315.
(4) In the A, CA, or AP Districts, the minimum parcel size for an Affordable Rental Farmworker Housing (ARFH) Project is one acre.
(D) Buffer Requirements. Nonagricultural uses involving habitable spaces including residential development, commercial or industrial establishments, etc., adjacent to parcels zoned Commercial Agriculture (CA), or Agricultural Preserve (AP) or farm labor housing located on CA or AP zoned land shall provide a buffer setback in accordance with the provisions of SCCC 16.50.095, and shall otherwise comply with the requirement of that section.
(E) Dwelling Group Densities.
(1) A District. Dwelling groups within the A Agriculture Zone District may be allowed at a density per dwelling unit pursuant to Chapter 13.14 SCCC pertaining to rural residential density determinations.
(2) CA District. Dwelling groups within the CA Commercial Agriculture Zone District may be allowed at a density of 40 gross acres per dwelling unit.
(3) AP District. Dwelling groups within the AP Agriculture Preserve Zone District may be allowed at a density of 40 gross acres per dwelling, with a maximum of five dwelling units.
(F) Residential Uses on Coastal Zone Noncommercial Agricultural Land. Building permits for residential uses on parcels designated in the General Plan and Local Coastal Program Land Use Plan as agricultural land use and not as commercial agricultural land shall be issued only upon documentation that:
(1) Residential use of the parcel will not conflict with on-site or adjacent agricultural activities; and
(2) The building site has approved agricultural buffer setbacks; and
(3) The residents and owners of the subject parcel have executed a binding hold harmless covenant with adjacent agricultural operators and owners which shall run with the land and be recorded prior to occupancy.
The Agricultural Policy Advisory Commission shall make the determination that these conditions have been met.
(G) Applicability of Other Regulations. Other development standards applicable to agricultural zone districts are contained in the following sections of Chapter 13.10 SCCC:
|
|
SCCC |
|---|---|
|
General site standards |
13.10.510, et seq. |
|
Signs |
13.10.580, et seq. |
|
Parking |
13.10.550, et seq. |
|
Fences |
|
|
Minimum parcel sizes |
13.10.510(G) |
|
Use of nondevelopable land |
|
|
Trip reduction requirements (development projects for 50 or more employees) |
|
|
Design review |
13.11.010, et seq. |
|
Agricultural buffers/setbacks |
[Ord. 5321 § 3, 2019; Ord. 5152 § 2, 2013; Ord. 4836 §§ 42—44, 2006; Ord. 4416 § 3, 1996; Ord. 4406 § 3, 1996; Ord. 4346 § 8, 1994; Ord. 4314 § 1, 1994; Ord. 4097 § 3, 1990; Ord. 4037 § 2, 1989; Ord. 3755 § 1, 1986; Ord. 3432 § 1, 1983].
13.10.314 Required special findings for CA and AP uses. Amended pending Coastal Commission approval Ord. 5423
(A) All Uses. For parcels within the CA Commercial Agriculture and AP Agricultural Preserve Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve any discretionary use listed under SCCC 13.10.312 which requires a Level V or higher approval except agricultural buffer determinations:
(1) That the establishment or maintenance of this use will enhance or support the continued operation of commercial agriculture on the parcel and will not reduce, restrict or adversely affect agricultural resources, or the economic viability of commercial agricultural operations, of the area.
(2)(a) That the use or structure is ancillary, incidental or accessory to the principal agricultural use of the parcel, or (b) that no other agricultural use is feasible for the parcel, or (c) that the use consists of an interim public use which does not impair long-term agricultural viability or consists of a permanent public use that will result in the production of recycled wastewater solely for agricultural irrigation and that limits and mitigates the impacts of facility construction on agriculture consistent with the requirements of SCCC 13.10.635; or
(3) That single-family residential uses will be sited to minimize conflicts, and that all other uses will not conflict with commercial agricultural activities on-site, where applicable, or in the area.
(4) That the use will be sited to remove no land from production (or potential production) if any nonfarmable potential building site is available, or if this is not possible, to remove as little land as possible from production.
(B) Residential Uses in the Coastal Zone. For parcels within the CA Commercial Agricultural and AP Agricultural Preserve Zone Districts in the Coastal Zone, the following special findings shall be made in addition to those required by Chapter 18.10 SCCC and subsection (A) of this section in order to approve any discretionary residential use including a single-family residence, an accessory dwelling unit, a permanent caretaker’s residence, or habitable accessory structure. These findings shall be based upon a review and determination by the Agricultural Policy Advisory Commission.
(1) That the parcel is less than one acre in size; or that the parcel has physical constraints (such as adverse topographic, geologic, hydrologic or vegetative conditions) other than size which preclude commercial agricultural use; or that the residential use will be ancillary to commercial agricultural use of the parcel based upon the fact that either:
(a) The farmable portion of the parcel, exclusive of the building site, is large enough in itself to constitute a minimum economic farm unit for three crops, other than greenhouses, suited to the soils, topography and climate of the area; or
(b) The owners of the subject parcel have a long-term binding arrangement for commercial agricultural use of the remainder of the parcel, such as an agricultural easement.
(2) That the residential use will meet all the requirements of SCCC 16.50.095 pertaining to agricultural buffer setbacks.
(3) That the owners of the parcel have executed binding hold harmless covenants with the owners and agricultural operators of adjacent agricultural parcels. Such covenants shall run with the land and shall be recorded prior to issuance of the use permit.
(C) Recreational Playfields Outside the Coastal Zone.
(1) For parcels within the CA Commercial Agricultural and AP Agricultural Preserve Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve recreational playfields outside the Coastal Zone:
(a) That the use is temporary and will not impair the long-term use of the parcel for commercial agricultural purposes.
(b) That the use does not involve permanent structures or paving. Surfacing of a pedestrian access to meet the requirements of the Americans with Disabilities Act shall not be prohibited by this provision.
(c) That the use will not conflict with commercial agricultural activities on-site, where applicable, or in the area.
(d) That the use will be sited to remove no land from production (or potential production) if any nonfarmable site is available, or if this is not possible, to remove as little land as possible from production.
(2) For parcels within the AP Agricultural Preserve Zone District, the requirements set forth in Government Code Section 51238.1(a) must also be met to approve recreational playfields outside of the Coastal Zone. [Ord. 5265 § 2, 2018; Ord. 5264 § 3, 2018; Ord. 4836 § 45, 2006; Ord. 4821 § 1, 2006; Ord. 4439 §§ 1, 2, 1996; Ord. 4094 § 3, 1990; Ord. 3646 § 2, 1985; Ord. 3432 § 1, 1983].
13.10.315 CA and AP land division criteria. Amended pending Coastal Commission approval Ord. 5423
(A) All Parcels in the CA and AP Zone District.
(1) All parcel divisions in the CA or AP Zone Districts shall be subject to a public hearing and approval at approval Level VII pursuant to Chapter 18.10 SCCC.
(2) All proposed parcel divisions within the CA or AP Zone Districts shall be reviewed by the Agricultural Policy Advisory Commission for a recommendation for approval or denial of the proposed division, and for a determination of the ability to make the special findings required by this section, the potential for conflicts from the proposed division, and where appropriate, the minimum parcel size necessary to allow for economic farming of the parcels.
(3) No parcel divisions shall be permitted in the CA or AP Zone Districts for the purpose of using the new parcel(s) for nonagricultural uses, or for the purpose of dividing off land which is not usable for agriculture.
(4) Divisions of land not zoned CA or AP from land zoned CA or AP are governed by SCCC 16.50.085.
(B) Type 1 Parcels.
(1) The following findings shall be made prior to the approval of any parcel division in the CA or AP Zone Districts for land designated as Type 1 land pursuant to Chapter 16.50 SCCC:
(a) That the use is for exclusive agricultural use, which includes the creation of a new parcel for an Affordable Rental Farmworker Housing (ARFH) project.
(b) That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, or on adjoining or nearby parcels.
(c) That the division is necessary for continued commercial agricultural use of the subject parcels. In the event a recorded agricultural preserve (Williamson Act) contract existed prior to January 23, 1979, for a parcel proposed to be divided under this section, said contract shall constitute evidence of a long-term commitment to continued agricultural use and shall satisfy the requirement for this finding.
(d) That all parcels shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, except for parcels created solely for the purpose of an Affordable Rental Farmworker Housing (ARFH) project, pursuant to SCCC 13.10.681, which are not subject to this requirement. With respect to parcels restricted by an Agricultural Preserve contract recorded prior to January 23, 1979, the finding shall be made either that (i) all parcels created shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, or that (ii) the owners of all parcels created have recorded an agreement with the County which guarantees the original owner the right to continue to use the newly created parcel for exclusive commercial agricultural uses. In no case shall the parcel size be less than 10 arable acres. Land subject to an Agricultural Preserve contract which is approved for division shall continue to be restricted in the aggregate to the permitted and discretionary uses which would have been available to the original parcel under the agricultural preserve contract had the original parcel remained undivided.
(e) That no conflicts with adjacent agricultural operations shall result from the division.
(f) That the division is for exclusive agricultural purposes, which includes the creation of a new parcel for an Affordable Rental Farmworker Housing (ARFH) project. A recorded agricultural preserve (Williamson Act) contract existing prior to January 23, 1979, for a parcel proposed to be divided under this section shall constitute evidence of an exclusive agricultural purpose.
(2) Agricultural preserve (Williamson Act) contracts shall be recorded, prior to filing final maps, for all parcels created by a division of Type 1A agricultural land.
(C) Type 2 Parcels. The following findings shall be made prior to the approval of any parcel division in the CA Zone District for land designated as Type 2 land pursuant to Chapter 16.50 SCCC:
(1) That the division is for exclusive agricultural purposes, which includes the creation of a new parcel for an Affordable Rental Farmworker Housing (ARFH) project.
(2) That the division will result in agriculturally viable parcels; in no case shall the parcel size be less than 20 arable acres, except that parcels created solely for the purpose of an Affordable Rental Farmworker Housing (ARFH) project pursuant to SCCC 13.10.681 are subject to a minimum parcel size of one acre.
(3) That no conflicts with adjacent or nearby commercial agricultural uses will result from the division.
(D) Type 3 Parcels.
(1) The following findings shall be made prior to the approval of any parcel division in the CA or AP Zone Districts for land designated as Type 3 land pursuant to Chapter 16.50 SCCC.
(a) That the division is necessary for continued commercial agricultural use of the subject parcels.
(b) That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, adjoining or nearby parcels.
(c) That the division is for exclusive agricultural purposes.
(d) That all parcels are of sufficient size to constitute a minimum economic farm unit for three crop types, other than greenhouse agriculture, suited to the soils, topography and climate of the area; in no case shall the parcel size be less than 20 arable acres.
(e) That no conflicts with adjacent agricultural operations shall result from the division.
(f) That such division will not create the potential for residential use other than that determined to be ancillary to commercial agriculture pursuant to SCCC 13.10.314(A) and (B).
(g) That such division will not hamper or discourage long-term commercial agricultural operations.
(2) An agricultural preserve (Williamson Act) contract and a covenant enforceable by the County to prohibit use of the parcel for nonagricultural purposes shall be recorded on the property title, prior to filing final maps, for each parcel created by said land division. [Ord. 5321 § 4, 2019; Ord. 4836 §§ 46, 47, 2006; Ord. 4346 § 9, 1994; Ord. 3845 § 2, 1987; Ord. 3432 § 1, 1983].
13.10.316 Land division criteria in the Agriculture (A) Zone District. Added pending Coastal Commission approval Ord. 5423
13.10.317 Minimum parcel sizes for lot line adjustments. Added pending Coastal Commission approval Ord. 5423
13.10.318 Agricultural Policy Advisory Commission review. Added pending Coastal Commission approval Ord. 5423
13.10.319 Other standards and conditions for agricultural districts. Added pending Coastal Commission approval Ord. 5423
Article II. Residential Districts
13.10.321 Purposes of residential districts. Amended pending Coastal Commission approval Ord. 5423
(A) General Purposes. In addition to the general objectives of this chapter (SCCC 13.10.120) the residential districts are included in the zoning ordinance in order to achieve the following purposes:
(1) To provide areas of residential use in locations and at densities consistent with the County General Plan.
(2) To preserve areas for primarily residential uses in locations protected from the incompatible effects of nonresidential land uses.
(3) To establish a variety of residential land use categories and dwelling unit densities which provide a choice of diversified housing opportunities consistent with public health and safety.
(4) To achieve patterns of residential settlement that are compatible with the physical limitations of the land and the natural resources of the County and that do not impair the natural environment.
(5) To ensure adequate light, air, privacy, solar access, and open space for each dwelling unit.
(6) To maximize efficient energy use and energy conservation in residential districts, and to encourage the use of locally available renewable energy resources.
(7) To provide adequate space for off-street parking of automobiles.
(8) To provide areas of residential use consistent with the capacity of public services, the urban services line and rural services line and the reserve capacity policy of the Local Coastal Program Land Use Plan for tourist services. To minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them.
(9) To protect residential properties from nuisances, such as noise, vibration, illumination, glare, heat, unsightliness, odors, dust, dirt, smoke, traffic congestion, and hazards such as fire, explosion, or noxious fumes.
(B) Specific RA Residential Agricultural District Purposes. To provide areas of residential use where development is limited to a range of non-urban densities of single-family dwellings in areas outside the urban services line and rural services line; on lands suitable for development with adequate water, septic system suitability, vehicular access, and fire protection; with adequate protection of natural resources; with adequate protection from natural hazards; and where small-scale commercial agriculture, such as animal-keeping, truck farming and specialty crops, can take place in conjunction with the primary use of the property as residential.
(C) Specific RR Rural Residential District Purposes. To provide areas of residential use where development is limited to a range of non-urban densities of single-family dwellings in areas having services similar to RA areas, but which are residential in character rather than agricultural due to the pattern of development and use in the area and/or the presence of constraints which would preclude the use of the property for agriculture.
(D) Specific R-1 Single-Family Residential District Purposes. To provide for areas of predominantly single-family residential development in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services, or are planned for a full range of urban services.
(E) Specific RB Single-Family Ocean Beach Residential District Purposes. To accommodate single-family dwellings on existing lots of record in the vicinity of the cliffs and the ocean beach; where lots abut on and obtain access from a street which is generally parallel to both the beach and the cliff, and which has an elevation of not more than 20 feet above sea level; and where either the seaward right-of-way line of the street or the seaward boundary line of the lots on the ocean side of the street abut open beachlands which are unobstructed to the mean high tide line.
(F) Specific RM Multifamily Residential District Purposes. To provide for areas of residential uses with a variety of types of dwellings in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services. [Ord. 4496-C § 5, 1998; Ord. 4416 §§ 4, 5, 1996; Ord. 4406 §§ 4, 5, 1996; Ord. 4346 §§ 10, 11, 1994; Ord. 3501 § 1, 1984; Ord. 3432 § 1, 1983].
13.10.322 Residential uses (effective outside coastal zone). Amended pending Coastal Commission approval Ord. 5423
(A) Principal Permitted Uses.
(1) In the Coastal Zone, the principal permitted uses in the residential districts shall be as follows:
RA single-family residential and agricultural (rural);
RR single-family residential (rural);
R-1 single-family residential (urban, rural);
RB single-family residential (oceanfront, urban);
RM multiple-family residential (urban) including appurtenant accessory uses and structures.
(2) Principal permitted uses are all denoted uses requiring a Level IV or lower approval or as otherwise denoted with the letter P in the footnotes to the residential uses chart in subsection (B) of this section. In the Coastal Zone, actions to approve other than permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, as provided in Chapter 13.20 SCCC, any development is appealable.
(B) Allowed Uses.
(1) The uses allowed in the residential districts shall be as provided in the following residential uses chart. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the residential zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123.
(2) Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the residential zone districts.
|
KEY: |
||
|---|---|---|
|
A |
= |
Use must be ancillary and incidental to a principal permitted use on the site |
|
P |
= |
Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone |
|
1 |
= |
Approval Level I (administrative, no plans required) |
|
2 |
= |
Approval Level II (administrative, plans required) |
|
3 |
= |
Approval Level III (administrative, field visit required) |
|
4 |
= |
Approval Level IV (administrative, public notice required) |
|
5 |
= |
Approval Level V (public hearing by Zoning Administrator required) |
|
6 |
= |
Approval Level VI (public hearing by Planning Commission required) |
|
7 |
= |
Approval Level VII (public hearing by Planning Commission and Board of Supervisors required) |
|
— |
= |
Use not allowed in this zone district |
|
* |
= |
Level IV for projects of less than 2,000 square feet |
|
|
|
Level V for projects of 2,000 to 20,000 square feet |
|
|
|
Level VI for projects of 20,000 square feet and larger |
|
BP |
= |
Building Permit Only |
|
BP1 |
= |
Approval Level I (administrative, no plans required) |
|
BP2 |
= |
Approval Level II (administrative, plans required) |
|
BP3 |
= |
Approval Level III (administrative, field visit required) |
|
USE |
RA |
RR |
R-1 |
RB |
RM |
|---|---|---|---|---|---|
|
Accessory structures and uses, including: |
|
|
|
|
|
|
One accessory structure, habitable (subject to SCCC 13.10.323 and 13.10.611) |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Accessory structures, nonhabitable, subject to SCCC 13.10.323 and 13.10.611, comprised of: |
|
|
|
|
|
|
Animal enclosures: barns, stables, paddocks, hutches and coops (subject to the provisions of SCCC 13.10.641, stables and paddocks; 13.10.643, animal keeping in the RA Zone; 13.10.644, family animal raising; 13.10.645, bird and small animal raising; 13.10.646, turkey raising; these provisions require Level V in some cases. Also subject to SCCC 13.10.611(C)(3)). |
BP/4/5 |
BP/4/5 |
BP/4/5 |
— |
— |
|
Carports, detached; garages, detached; garden structures; storage sheds (subject to SCCC 13.10.323 and 13.10.611) |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Air strips (see SCCC 13.10.700-A definition) |
7 |
7 |
— |
— |
— |
|
Parking, including: |
|
|
|
|
|
|
Parking, on-site, for principal permitted uses (subject to SCCC 13.10.550 et seq.) |
BP2 |
BP2 |
BP2 |
BP2 |
BP2 |
|
Parking, on-site, for nonprincipal permitted uses (subject to SCCC 13.10.550 et seq.) |
4 |
4 |
4 |
4 |
4 |
|
Recycling collection facilities in association with a permitted community or public facility, subject to SCCC 13.10.658, including: |
|
|
|
|
|
|
Reverse vending machines |
BP1 |
BP1 |
BP1 |
BP1 |
BP1 |
|
Small collection facilities |
3 |
3 |
3 |
3 |
3 |
|
Signs, including: |
|
|
|
|
|
|
Signs for nonprincipal permitted uses (subject to SCCC 13.10.580, et seq.) |
4 |
4 |
4 |
4 |
4 |
|
Signs for principal permitted uses (subject to SCCC 13.10.580, et seq.) |
P |
P |
P |
P |
P |
|
Storage tanks, water or gas, for use of persons residing on-site |
|
|
|
|
|
|
Less than 5,000 gallons |
BP2 |
BP2 |
BP2 |
— |
— |
|
More than 5,000 gallons |
BP3 |
BP3 |
BP3 |
— |
— |
|
Swimming pools, private and accessory equipment |
BP3 |
BP3 |
BP3 |
— |
— |
|
Agricultural uses, including: |
|
|
|
|
|
|
Agriculture, small-scale commercial, such as the raising of specialty crops (see also animal keeping) |
P |
— |
— |
— |
— |
|
Agriculture, with on-site retail sales, such as Christmas tree farms |
5 |
— |
— |
— |
— |
|
Beekeeping, commercial (see SCCC 13.10.700-B definition) |
5 |
— |
— |
— |
— |
|
Gardening, family (see SCCC 13.10.700-G definition) |
P |
P |
P |
P |
P |
|
Greenhouse, one private of 500 square feet or smaller |
BP2 |
BP2 |
BP2 |
BP2 |
BP2 |
|
Greenhouses, private, larger than 500 square feet |
5 |
5 |
5 |
— |
— |
|
Greenhouse replacement, reconstruction, or structural alteration (see SCCC 13.10.636(B) and (C)) |
BP2 |
BP2 |
BP2 |
— |
— |
|
Nurseries, commercial |
5 |
— |
— |
— |
— |
|
Animal-related uses, including: |
|
|
|
|
|
|
Animal keeping (subject to SCCC 13.10.643) (see also “animal enclosures” above) |
P |
— |
— |
— |
— |
|
Animal-raising, family (subject to SCCC 13.10.644) (see also “animal enclosures” above) (Minimum parcel size: 6,000 square feet gross) |
P |
P |
P |
— |
— |
|
Cats and dogs |
P: 4 cats or dogs or combo |
P: 4 cats or dogs or combo |
P: 2 cats and 2 dogs per unit |
P: 2 cats and 1 dog per unit |
P: 2 cats and 1 dog per unit |
|
Kennels for five or more dogs or cats over the age of four months (subject to SCCC 13.10.642) |
5 |
— |
— |
— |
— |
|
Stables, private, and paddocks (subject to SCCC 13.10.641) (see also “animal enclosures” above) |
P |
5 |
P: ABOVE R-1-32 5: up to R-1-32 |
— |
— |
|
Cannabis cultivation (commercial) (subject to SCCC 13.10.650)Ŧ |
|
|
|
|
|
|
Indoor cultivation (existing legal structure, other than greenhouse) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
4X/5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
New indoor cultivation structure (other than greenhouse) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 2,000 square feet |
4X/5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Greenhouse (existing legal), conversion, replacement, reconstruction or structural alteration |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 2,000 square feet |
4X/5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Greenhouse (new) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 2,000 square feet |
4X/5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Outdoor Cultivation (including hoop house) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 500 square feet |
4X/5 |
— |
— |
— |
— |
|
> 500 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Water tank (accessory to cultivation) |
3 |
— |
— |
— |
— |
|
Cannabis manufacturing (commercial) (subject to SCCC 13.10.650), ancillary to on-site commercial cannabis cultivationŦ |
|
|
|
|
|
|
Classes 1—2 |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
|
|
|
|
|
|
< 2,000 square feet |
|
|
|
|
|
|
0 employees (not including owner) |
3/5** |
— |
— |
— |
— |
|
1—5 employees (not including owner) |
5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Class 3 |
— |
— |
— |
— |
— |
|
Cannabis Distribution (subject to SCCC 13.10.650), ancillary to on-site commercial cannabis cultivationŦ |
|
|
|
|
|
|
Class 1 |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
|
|
|
|
|
|
< 2,000 square feet |
3 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Class 2 |
— |
— |
— |
— |
— |
|
Transport Only |
P |
P |
P |
P |
P |
|
ŦWith a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer. XLevel 4 approval applies only to Class CG licensed cultivation activities. **Level 5 approval required if manufacturing activity involves cannabis imported from offsite. |
|||||
|
Commercial uses, including: |
|
|
|
|
|
|
Nursing homes; convalescent care hospitals (see SCCC 13.10.700-N definition) |
5 |
5 |
5 |
— |
5 |
|
Radio and TV transmission tower (subject to SCCC 13.10.655) |
5 |
5 |
5 |
5 |
5 |
|
Tract offices |
5 |
5 |
5 |
5 |
5 |
|
Community facilities, including |
|
|
|
|
|
|
Churches and other religious centers |
5 |
5 |
5 |
— |
5 |
|
Community centers |
5 |
5 |
5 |
— |
5 |
|
Day-care centers (see SCCC 13.10.700-D definition) |
5 |
5 |
5 |
— |
5 |
|
Schools: preschools and K-12 including church schools, and incidental art, craft, music or dancing schools but not including business, professional or trade schools or colleges |
5 |
5 |
5 |
— |
5 |
|
Energy systems, community (see SCCC 13.10.700-E definition and subject to SCCC 13.10.661) |
5 |
5 |
5 |
5 |
5 |
|
Facilities, public structures and facilities |
5 |
5 |
5 |
5 |
5 |
|
Open space and recreation uses, including: |
|
|
|
|
|
|
Clubs, private, such as garden clubs, fraternal lodges, community service organizations |
5 |
5 |
5 |
— |
5 |
|
Conference centers (subject to the provisions of the PR District, SCCC 13.10.351 et seq.) |
5 |
5 |
5 |
— |
5 |
|
Country clubs, private, associated with residential development; including such facilities as club houses, golf courses, tennis courts, swimming pools |
5 |
5 |
5 |
— |
5 |
|
Fish hatcheries |
5 |
5 |
5 |
— |
— |
|
Organized camps (subject to the provisions of the PR District, SCCC 13.10.351 et seq.) |
5 |
5 |
5 |
— |
5 |
|
Open space uses, private, noncommercial, not involving structures, such as: |
P |
P |
P |
P |
P |
|
Beach uses |
|
|
|
|
|
|
Ecological preserves; wildlife and biotic habitat reserves |
|
|
|
|
|
|
Hiking and horseback riding trails |
|
|
|
|
|
|
Open space |
|
|
|
|
|
|
Picnicking facilities |
|
|
|
|
|
|
Playgrounds, nonpaved |
|
|
|
|
|
|
Sports fields, nonpaved |
|
|
|
|
|
|
Watershed management |
|
|
|
|
|
|
Parks, local, public, and associated facilities |
5 |
5 |
5 |
5 |
5 |
|
Stables, boarding and public riding (subject to SCCC 13.10.641) |
5 |
— |
— |
— |
— |
|
Residential uses: |
|
|
|
|
|
|
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) subject to SCCC 13.10.681 |
BP |
BP |
BP |
BP |
BP |
|
Child care homes, large family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition) |
P |
P |
P |
P |
P |
|
Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition) |
P |
P |
P |
P |
P |
|
Congregate senior housing |
|
|
|
|
|
|
2—19 units |
— |
— |
— |
— |
6 |
|
20+ units |
— |
— |
— |
— |
7 |
|
Day-care homes, family (see SCCC 13.10.700-D definition) |
P |
P |
P |
P |
P |
|
Dwelling unit, one detached single-family per parcel, 5,000 square feet or larger, exclusive of accessory structures, but specifically excluding barns or similar accessory structures subject to the provisions of SCCC 13.10.325 |
5 |
5 |
5 |
5 |
— |
|
Dwelling unit, one detached single-family per parcel |
BP3 |
BP3 |
BP3 |
BP3 |
BP3 |
|
Dwelling unit, one semi-detached (in RB and RM in groups of 6 units or less; in R-1 only in R-1-4 or R-1-3.5 with maximum of 2 units per group) |
|
|
|
|
|
|
2—4 units |
— |
— |
5 |
5P |
5P |
|
5—19 units |
— |
— |
6 |
6P |
6P |
|
20+ units |
— |
— |
7 |
7P |
7P |
|
Dwelling units, dwelling groups (subject to rural residential density determinations, Chapter 13.14 SCCC; in R-1: detached units only) |
|
|
|
|
|
|
2—4 units |
5 |
5 |
5 |
— |
5P |
|
5—19 units |
6 |
6 |
6 |
— |
6P |
|
20+ units |
7 |
7 |
7 |
— |
7P |
|
Dwelling units, multifamily |
|
|
|
|
|
|
2—4 units |
— |
— |
— |
— |
5P |
|
5—19 units |
— |
— |
— |
— |
6P |
|
20+ units |
— |
— |
— |
— |
7P |
|
Foster homes for 7 or fewer children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
P |
P |
P |
P |
P |
|
Foster homes for 8 or more children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
5 |
5 |
5 |
5 |
5 |
|
Home occupations (subject to SCCC 13.10.613: Level V approval required in certain cases) |
P |
P |
P |
P |
P |
|
Hosted rentals, subject to SCCC 13.10.690 |
1P |
1P |
1P |
1P |
1P |
|
Lodging houses; boarding houses (see SCCC 13.10.700-L definition) |
— |
— |
— |
— |
5 |
|
Manufactured home as a single-family dwelling on the property (subject to SCCC 13.10.682) |
BP3 |
BP3 |
BP3 |
5 |
BP3 |
|
Mobile home parks (subject to SCCC 13.10.684) |
|
|
|
|
|
|
2—4 units |
— |
— |
— |
— |
5 |
|
5—19 units |
— |
— |
— |
— |
6 |
|
20+ units |
— |
— |
— |
— |
7 |
|
Permanent room housing (subject to SCCC 13.10.424 through 13.10.429) |
61 |
61 |
61 |
61 |
61 |
|
Residential care homes for 7 or fewer persons (see SCCC 13.10.700-R definition) |
P |
P |
P |
P |
P |
|
Residential care homes for 8 or more persons (see SCCC 13.10.700-R definition) |
5 |
5 |
5 |
5 |
5 |
|
Visitor accommodations, such as |
|
|
|
|
|
|
Bed and breakfast inns (subject to SCCC 13.10.691) |
4 |
4 |
4 |
— |
4 |
|
Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694) |
4 |
4 |
4 |
4 |
4 |
|
Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694) |
5 |
5 |
5 |
5 |
5 |
|
Visitor accommodations, small-scale, in special communities in the Coastal Zone (subject to Chapter 13.20 SCCC and VA District regulations, SCCC 13.10.331, et seq.) |
— |
— |
5 |
— |
5 |
|
Visitor accommodations, small scale, in the Coastal Zone, upon conversion of existing structure (subject to Chapter 13.20 SCCC and VA District regulations, SCCC 13.10.331, et seq.) |
5 |
5 |
— |
— |
— |
|
Wineries, under 1,000 gallons annual production as a home occupation, subject to the provisions of SCCC 13.10.613 |
P |
P |
P |
P |
P |
|
Wineries, subject to the provisions of SCCC 13.10.637: |
|
|
|
|
|
|
Under 1,000 gallons and not a home occupation |
3 |
3 |
— |
— |
— |
|
Over 1,000 gallons and under 20,000 gallons annual production: |
|
|
|
|
|
|
On parcels under 2.5 acres in size |
5 |
5 |
— |
— |
— |
|
On parcels 2.5 acres or larger |
3 |
5 |
— |
— |
— |
|
Over 20,000 gallons and under 50,000 gallons annual production on any size parcel |
5 |
5 |
— |
— |
— |
|
Over 50,000 gallons annual production on any size parcel |
6 |
6 |
— |
— |
— |
|
Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.664, inclusive |
BP/5 |
BP/5 |
BP/5 |
BP/5 |
BP/5 |
1 Coastal Zone properties are subject to Local Coastal Program policies related to conversion of priority uses.
[Ord. 5402 § 2, 2022; Ord. 5365 § 2, 2021; Ord. 5345 § 2, 2020; Ord. 5336 § 3, 2020; Ord. 5334 § 3, 2020; Ord. 5326 § 4, 2020; Ord. 5325 § 4, 2020; Ord. 5305 § 2, 2019; Ord. 5272 § 3, 2018; Ord. 5266 § 2, 2018; Ord. 5265 § 3, 2018; Ord. 5264 § 4, 2018; Ord. 5239 § 3, 2017; Ord. 5229 § 2, 2016; Ord. 5152 § 3, 2013; Ord. 5092 § 2, 2011; Ord. 5061 §§ 9—12, 2009; Ord. 5018 §§ 1, 7, 2008; Ord. 4921 § 5, 2008; Ord. 4836 §§ 48—66, 2006; Ord. 4808 §§ 7, 8, 2005; Ord. 4770 § 2, 2004; Ord. 4751 § 5, 2003; Ord. 4744 § 2, 2003; Ord. 4737 § 1, 2003; Ord. 4727 § 4, 2003; Ord. 4715 § 2, 2003; Ord. 4646 § 2, 2001; Ord. 4641 § 2, 2001; Ord. 4577 §§ 2, 3, 1999; Ord. 4496-C § 6, 1998; Ord. 4495 §§ 3—5, 1998; Ord. 4460 § 2, 1997; Ord. 4457-A §§ 1, 2, 1997; Ord. 4346 § 12, 1994; Ord. 4099 § 3, 1990; Ord. 4097 § 4, 1990; Ord. 4036 § 4, 1989; Ord. 3925 § 1, 1988; Ord. 3895 § 1, 1988; Ord. 3843 § 3, 1987; Ord. 3756 § 1, 1986; Ord. 3632 § 6, 1985; Ord. 3593 § 4, 1984; Ord. 3461 § 2, 1983; Ord. 3432 § 1, 1983].
13.10.322 Residential uses (effective within coastal zone). Amended pending Coastal Commission approval Ord. 5401
(A) Principal Permitted Uses.
(1) In the Coastal Zone, the principal permitted uses in the residential districts shall be as follows:
RA single-family residential and agricultural (rural);
RR single-family residential (rural);
R-1 single-family residential (urban, rural);
RB single-family residential (oceanfront, urban);
RM multiple-family residential (urban) including appurtenant accessory uses and structures.
(2) Principal permitted uses are all denoted uses requiring a Level IV or lower approval or as otherwise denoted with the letter P in the footnotes to the residential uses chart in subsection (B) of this section. In the Coastal Zone, actions to approve other than permitted uses are appealable to the Coastal Commission in accordance with the provisions of Chapter 13.20 SCCC relating to Coastal Zone permits, and in some cases, as provided in Chapter 13.20 SCCC, any development is appealable.
(B) Allowed Uses.
(1) The uses allowed in the residential districts shall be as provided in the following residential uses chart. A discretionary approval for an allowed use is known as a “use approval” and is given as part of a “development permit” for a particular use. The type of permit processing review, or “approval level,” required for each use in each of the residential zone districts is indicated in the chart. The processing procedures for development permits and for the various approval levels are detailed in Chapter 18.10 SCCC, Permit and Approval Procedures. The approval levels given in this chart for structures incorporate the approval levels necessary for processing a building permit for the structure. Higher approval levels than those listed in this chart for a particular use may be required if a project requires other concurrent approvals, according to SCCC 18.10.123.
(2) Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the residential zone districts.
|
KEY: |
||
|---|---|---|
|
A |
= |
Use must be ancillary and incidental to a principal permitted use on the site |
|
P |
= |
Principal permitted use (see subsection (A) of this section); no use approval necessary if P appears alone |
|
1 |
= |
Approval Level I (administrative, no plans required) |
|
2 |
= |
Approval Level II (administrative, plans required) |
|
3 |
= |
Approval Level III (administrative, field visit required) |
|
4 |
= |
Approval Level IV (administrative, public notice required) |
|
5 |
= |
Approval Level V (public hearing by Zoning Administrator required) |
|
6 |
= |
Approval Level VI (public hearing by Planning Commission required) |
|
7 |
= |
Approval Level VII (public hearing by Planning Commission and Board of Supervisors required) |
|
— |
= |
Use not allowed in this zone district |
|
* |
= |
Level IV for projects of less than 2,000 square feet |
|
|
|
Level V for projects of 2,000 to 20,000 square feet |
|
|
|
Level VI for projects of 20,000 square feet and larger |
|
BP |
= |
Building Permit Only |
|
BP1 |
= |
Approval Level I (administrative, no plans required) |
|
BP2 |
= |
Approval Level II (administrative, plans required) |
|
BP3 |
= |
Approval Level III (administrative, field visit required) |
|
USE |
RA |
RR |
R-1 |
RB |
RM |
|---|---|---|---|---|---|
|
Accessory structures and uses, including: |
|
|
|
|
|
|
One accessory structure, habitable (subject to SCCC 13.10.323 and 13.10.611) |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Accessory structures, nonhabitable, subject to SCCC 13.10.323 and 13.10.611, comprised of: |
|
|
|
|
|
|
Animal enclosures: barns, stables, paddocks, hutches and coops (subject to the provisions of SCCC 13.10.641, stables and paddocks; 13.10.643, animal keeping in the RA Zone; 13.10.644, family animal raising; 13.10.645, bird and small animal raising; 13.10.646, turkey raising; these provisions require Level V in some cases. Also subject to SCCC 13.10.611(C)(3)). |
BP/4/5 |
BP/4/5 |
BP/4/5 |
— |
— |
|
Carports, detached; garages, detached; garden structures; storage sheds (subject to SCCC 13.10.323 and 13.10.611) |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
BP/4/5 |
|
Air strips (see SCCC 13.10.700-A definition) |
7 |
7 |
— |
— |
— |
|
Parking, including: |
|
|
|
|
|
|
Parking, on-site, for principal permitted uses (subject to SCCC 13.10.550 et seq.) |
BP2 |
BP2 |
BP2 |
BP2 |
BP2 |
|
Parking, on-site, for nonprincipal permitted uses (subject to SCCC 13.10.550 et seq.) |
4 |
4 |
4 |
4 |
4 |
|
Recycling collection facilities in association with a permitted community or public facility, subject to SCCC 13.10.658, including: |
|
|
|
|
|
|
Reverse vending machines |
BP1 |
BP1 |
BP1 |
BP1 |
BP1 |
|
Small collection facilities |
3 |
3 |
3 |
3 |
3 |
|
Signs, including: |
|
|
|
|
|
|
Signs for nonprincipal permitted uses (subject to SCCC 13.10.580, et seq.) |
4 |
4 |
4 |
4 |
4 |
|
Signs for principal permitted uses (subject to SCCC 13.10.580, et seq.) |
P |
P |
P |
P |
P |
|
Storage tanks, water or gas, for use of persons residing on-site |
|
|
|
|
|
|
Less than 5,000 gallons |
BP2 |
BP2 |
BP2 |
— |
— |
|
More than 5,000 gallons |
BP3 |
BP3 |
BP3 |
— |
— |
|
Swimming pools, private and accessory equipment |
BP3 |
BP3 |
BP3 |
— |
— |
|
Agricultural uses, including: |
|
|
|
|
|
|
Agriculture, small-scale commercial, such as the raising of specialty crops (see also animal keeping) |
P |
— |
— |
— |
— |
|
Agriculture, with on-site retail sales, such as Christmas tree farms |
5 |
— |
— |
— |
— |
|
Beekeeping, commercial (see SCCC 13.10.700-B definition) |
5 |
— |
— |
— |
— |
|
Gardening, family (see SCCC 13.10.700-G definition) |
P |
P |
P |
P |
P |
|
Greenhouse, one private of 500 square feet or smaller |
BP2 |
BP2 |
BP2 |
BP2 |
BP2 |
|
Greenhouses, private, larger than 500 square feet |
5 |
5 |
5 |
— |
— |
|
Greenhouse replacement, reconstruction, or structural alteration (see SCCC 13.10.636(B) and (C)) |
BP2 |
BP2 |
BP2 |
— |
— |
|
Nurseries, commercial |
5 |
— |
— |
— |
— |
|
Animal-related uses, including: |
|
|
|
|
|
|
Animal keeping (subject to SCCC 13.10.643) (see also “animal enclosures” above) |
P |
— |
— |
— |
— |
|
Animal-raising, family (subject to SCCC 13.10.644) (see also “animal enclosures” above) (Minimum parcel size: 6,000 square feet gross) |
P |
P |
P |
— |
— |
|
Cats and dogs |
P: 4 cats or dogs or combo |
P: 4 cats or dogs or combo |
P: 2 cats and 2 dogs per unit |
P: 2 cats and 1 dog per unit |
P: 2 cats and 1 dog per unit |
|
Kennels for five or more dogs or cats over the age of four months (subject to SCCC 13.10.642) |
5 |
— |
— |
— |
— |
|
Stables, private, and paddocks (subject to SCCC 13.10.641) (see also “animal enclosures” above) |
P |
5 |
P: ABOVE R-1-32 5: up to R-1-32 |
— |
— |
|
Cannabis cultivation (commercial) (subject to SCCC 13.10.650)Ŧ |
|
|
|
|
|
|
Indoor cultivation (existing legal structure, other than greenhouse) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
4X/5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
New indoor cultivation structure (other than greenhouse) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 2,000 square feet |
4X/5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Greenhouse (existing legal), conversion, replacement, reconstruction or structural alteration |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 2,000 square feet |
4X/5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Greenhouse (new) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 2,000 square feet |
4X/5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Outdoor Cultivation (including hoop house) |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer |
|
|
|
|
|
|
< 500 square feet |
4X/5 |
— |
— |
— |
— |
|
> 500 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Water tank (accessory to cultivation) |
3 |
— |
— |
— |
— |
|
Cannabis manufacturing (commercial) (subject to SCCC 13.10.650), ancillary to on-site commercial cannabis cultivationŦ |
|
|
|
|
|
|
Classes 1—2 |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
|
|
|
|
|
|
< 2,000 square feet |
|
|
|
|
|
|
0 employees (not including owner) |
3/5** |
— |
— |
— |
— |
|
1—5 employees (not including owner) |
5 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Class 3 |
— |
— |
— |
— |
— |
|
Cannabis Distribution (subject to SCCC 13.10.650), ancillary to on-site commercial cannabis cultivationŦ |
|
|
|
|
|
|
Class 1 |
|
|
|
|
|
|
Outside Coastal Zone and 1-mile buffer, new or existing legal structure |
|
|
|
|
|
|
< 2,000 square feet |
3 |
— |
— |
— |
— |
|
> 2,000 square feet |
5 |
— |
— |
— |
— |
|
Inside Coastal Zone and 1-mile buffer |
— |
— |
— |
— |
— |
|
Class 2 |
— |
— |
— |
— |
— |
|
Transport Only |
P |
P |
P |
P |
P |
|
ŦWith a license appropriate for zoning classification pursuant to Chapter 7.128 SCCC. No new non-retail commercial cannabis structures may be permitted in the Coastal Zone and 1-mile buffer. XLevel 4 approval applies only to Class CG licensed cultivation activities. **Level 5 approval required if manufacturing activity involves cannabis imported from offsite. |
|||||
|
Commercial uses, including: |
|
|
|
|
|
|
Nursing homes; convalescent care hospitals (see SCCC 13.10.700-N definition) |
5 |
5 |
5 |
— |
5 |
|
Radio and TV transmission tower (subject to SCCC 13.10.655) |
5 |
5 |
5 |
5 |
5 |
|
Tract offices |
5 |
5 |
5 |
5 |
5 |
|
Community facilities, including |
|
|
|
|
|
|
Churches and other religious centers |
5 |
5 |
5 |
— |
5 |
|
Community centers |
5 |
5 |
5 |
— |
5 |
|
Day-care centers (see SCCC 13.10.700-D definition) |
5 |
5 |
5 |
— |
5 |
|
Schools: preschools and K-12 including church schools, and incidental art, craft, music or dancing schools but not including business, professional or trade schools or colleges |
5 |
5 |
5 |
— |
5 |
|
Energy systems, community (see SCCC 13.10.700-E definition and subject to SCCC 13.10.661) |
5 |
5 |
5 |
5 |
5 |
|
Facilities, public structures and facilities |
5 |
5 |
5 |
5 |
5 |
|
Open space and recreation uses, including: |
|
|
|
|
|
|
Clubs, private, such as garden clubs, fraternal lodges, community service organizations |
5 |
5 |
5 |
— |
5 |
|
Conference centers (subject to the provisions of the PR District, SCCC 13.10.351 et seq.) |
5 |
5 |
5 |
— |
5 |
|
Country clubs, private, associated with residential development; including such facilities as club houses, golf courses, tennis courts, swimming pools |
5 |
5 |
5 |
— |
5 |
|
Fish hatcheries |
5 |
5 |
5 |
— |
— |
|
Organized camps (subject to the provisions of the PR District, SCCC 13.10.351 et seq.) |
5 |
5 |
5 |
— |
5 |
|
Open space uses, private, noncommercial, not involving structures, such as: |
P |
P |
P |
P |
P |
|
Beach uses |
|
|
|
|
|
|
Ecological preserves; wildlife and biotic habitat reserves |
|
|
|
|
|
|
Hiking and horseback riding trails |
|
|
|
|
|
|
Open space |
|
|
|
|
|
|
Picnicking facilities |
|
|
|
|
|
|
Playgrounds, nonpaved |
|
|
|
|
|
|
Sports fields, nonpaved |
|
|
|
|
|
|
Watershed management |
|
|
|
|
|
|
Parks, local, public, and associated facilities |
5 |
5 |
5 |
5 |
5 |
|
Stables, boarding and public riding (subject to SCCC 13.10.641) |
5 |
— |
— |
— |
— |
|
Residential uses: |
|
|
|
|
|
|
Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) subject to SCCC 13.10.681 |
BP |
BP |
BP |
BP |
BP |
|
Child care homes, large family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition) |
P |
P |
P |
P |
P |
|
Child care homes, small family (must be in conjunction with residential use) (see SCCC 13.10.700-C definition) |
P |
P |
P |
P |
P |
|
Congregate senior housing |
|
|
|
|
|
|
2—19 units |
— |
— |
— |
— |
6 |
|
20+ units |
— |
— |
— |
— |
7 |
|
Day-care homes, family (see SCCC 13.10.700-D definition) |
P |
P |
P |
P |
P |
|
Dwelling unit, one detached single-family per parcel, 5,000 square feet or larger, exclusive of accessory structures, but specifically excluding barns or similar accessory structures subject to the provisions of SCCC 13.10.325 |
5 |
5 |
5 |
5 |
— |
|
Dwelling unit, one detached single-family per parcel |
BP3 |
BP3 |
BP3 |
BP3 |
BP3 |
|
Dwelling unit, one semi-detached (in RB and RM in groups of 6 units or less; in R-1 only in R-1-4 or R-1-3.5 with maximum of 2 units per group) |
|
|
|
|
|
|
2—4 units |
— |
— |
5 |
5P |
5P |
|
5—19 units |
— |
— |
6 |
6P |
6P |
|
20+ units |
— |
— |
7 |
7P |
7P |
|
Dwelling units, dwelling groups (subject to rural residential density determinations, Chapter 13.14 SCCC; in R-1: detached units only) |
|
|
|
|
|
|
2—4 units |
5 |
5 |
5 |
— |
5P |
|
5—19 units |
6 |
6 |
6 |
— |
6P |
|
20+ units |
7 |
7 |
7 |
— |
7P |
|
Dwelling units, multifamily |
|
|
|
|
|
|
2—4 units |
— |
— |
— |
— |
5P |
|
5—19 units |
— |
— |
— |
— |
6P |
|
20+ units |
— |
— |
— |
— |
7P |
|
Foster homes for 7 or fewer children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
P |
P |
P |
P |
P |
|
Foster homes for 8 or more children, not including those of the proprietary family (see SCCC 13.10.700-F definition) |
5 |
5 |
5 |
5 |
5 |
|
Home occupations (subject to SCCC 13.10.613: Level V approval required in certain cases) |
P |
P |
P |
P |
P |
|
Hosted rentals, subject to SCCC 13.10.690 |
1P |
1P |
1P |
1P |
1P |
|
Lodging houses; boarding houses (see SCCC 13.10.700-L definition) |
— |
— |
— |
— |
5 |
|
Manufactured home as a single-family dwelling on the property (subject to SCCC 13.10.682) |
BP3 |
BP3 |
BP3 |
5 |
BP3 |
|
Mobile home parks (subject to SCCC 13.10.684) |
|
|
|
|
|
|
2—4 units |
— |
— |
— |
— |
5 |
|
5—19 units |
— |
— |
— |
— |
6 |
|
20+ units |
— |
— |
— |
— |
7 |
|
Permanent room housing (subject to SCCC 13.10.424 through 13.10.429) |
61 |
61 |
61 |
61 |
61 |
|
Residential care homes for 7 or fewer persons (see SCCC 13.10.700-R definition) |
P |
P |
P |
P |
P |
|
Residential care homes for 8 or more persons (see SCCC 13.10.700-R definition) |
5 |
5 |
5 |
5 |
5 |
|
Visitor accommodations, such as |
|
|
|
|
|
|
Bed and breakfast inns (subject to SCCC 13.10.691) |
4 |
4 |
4 |
— |
4 |
|
Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals (subject to SCCC 13.10.694) |
4 |
4 |
4 |
4 |
4 |
|
Vacation rentals, new, with 4 or more bedrooms (subject to SCCC 13.10.694) |
5 |
5 |
5 |
5 |
5 |
|
Visitor accommodations, small-scale, in special communities in the Coastal Zone (subject to Chapter 13.20 SCCC and VA District regulations, SCCC 13.10.331, et seq.) |
— |
— |
5 |
— |
5 |
|
Visitor accommodations, small scale, in the Coastal Zone, upon conversion of existing structure (subject to Chapter 13.20 SCCC and VA District regulations, SCCC 13.10.331, et seq.) |
5 |
5 |
— |
— |
— |
|
Wineries, under 1,000 gallons annual production as a home occupation, subject to the provisions of SCCC 13.10.613 |
P |
P |
P |
P |
P |
|
Wineries, subject to the provisions of SCCC 13.10.637: |
|
|
|
|
|
|
Under 1,000 gallons and not a home occupation |
3 |
3 |
— |
— |
— |
|
Over 1,000 gallons and under 20,000 gallons annual production: |
|
|
|
|
|
|
On parcels under 2.5 acres in size |
5 |
5 |
— |
— |
— |
|
On parcels 2.5 acres or larger |
3 |
5 |
— |
— |
— |
|
Over 20,000 gallons and under 50,000 gallons annual production on any size parcel |
5 |
5 |
— |
— |
— |
|
Over 50,000 gallons annual production on any size parcel |
6 |
6 |
— |
— |
— |
|
Wireless communication facilities, subject to SCCC 13.10.660 through 13.10.668, inclusive |
5 |
5 |
5 |
5 |
5 |
1 Coastal Zone properties are subject to Local Coastal Program policies related to conversion of priority uses.
[Ord. 5365 § 2, 2021; Ord. 5345 § 2, 2020; Ord. 5336 § 3, 2020; Ord. 5334 § 3, 2020; Ord. 5326 § 4, 2020; Ord. 5325 § 4, 2020; Ord. 5305 § 2, 2019; Ord. 5272 § 3, 2018; Ord. 5266 § 2, 2018; Ord. 5265 § 3, 2018; Ord. 5264 § 4, 2018; Ord. 5239 § 3, 2017; Ord. 5229 § 2, 2016; Ord. 5152 § 3, 2013; Ord. 5092 § 2, 2011; Ord. 5061 §§ 9—12, 2009; Ord. 5018 §§ 1, 7, 2008; Ord. 4921 § 5, 2008; Ord. 4836 §§ 48—66, 2006; Ord. 4808 §§ 7, 8, 2005; Ord. 4770 § 2, 2004; Ord. 4751 § 5, 2003; Ord. 4744 § 2, 2003; Ord. 4737 § 1, 2003; Ord. 4727 § 4, 2003; Ord. 4715 § 2, 2003; Ord. 4646 § 2, 2001; Ord. 4641 § 2, 2001; Ord. 4577 §§ 2, 3, 1999; Ord. 4496-C § 6, 1998; Ord. 4495 §§ 3—5, 1998; Ord. 4460 § 2, 1997; Ord. 4457-A §§ 1, 2, 1997; Ord. 4346 § 12, 1994; Ord. 4099 § 3, 1990; Ord. 4097 § 4, 1990; Ord. 4036 § 4, 1989; Ord. 3925 § 1, 1988; Ord. 3895 § 1, 1988; Ord. 3843 § 3, 1987; Ord. 3756 § 1, 1986; Ord. 3632 § 6, 1985; Ord. 3593 § 4, 1984; Ord. 3461 § 2, 1983; Ord. 3432 § 1, 1983].
13.10.323 Development standards for residential districts. Amended pending Coastal Commission approval Ord. 5423
(A) Site Area for the Creation of New Sites.
(1) In RA and RR Residential Districts, the minimum land areas in net developable acres required for each dwelling unit on each site shall be as established by the rural residential density determination matrix (Chapter 13.14 SCCC) outside the USL and rural services line or shall be one acre inside the rural services line and shall be consistent with the General Plan, Local Coastal Program Land Use Plan, the geological hazards ordinance (Chapter 16.10 SCCC), and the minimum parcel size standards in SCCC 13.10.510(G).
(2) The R-1 and RM Residential Districts shall be combined with a number which shall indicate the minimum land area in thousands of net developable square feet required for each dwelling unit on each site in the district. For example: “R-1-6” means a minimum land area of 6,000 net developable square feet per dwelling unit; “RM-3” means a minimum land area of 3,000 net developable square feet per dwelling unit. Definitions of “developable land” and “net developable area” are to be found in SCCC 13.10.700-D and 13.10.700-N. District designations shall be consistent with the adopted General Plan, Local Coastal Program Land Use Plan, and the geologic hazards ordinance (Chapter 16.10 SCCC), and the minimum parcel size standards in SCCC 13.10.510(G).
The R-1 Single-Family Residential District located outside the urban services line recognizes as conforming parcels those parcels which are generally less than one acre in size, and that, prior to the effective date of the 1994 General Plan/Local Coastal Program Land Use Plan, were legal lots of record and developed with or intended for development of a single-family residence.
(3) The Ocean Beach RB Residential District shall have a minimum site area of 4,000 net developable square feet.
(4) In the zone districts listed in subsections (A)(1) through (3) of this section, one single-family dwelling is permitted on existing parcels regardless of the site area standards if other infrastructure requirements can be met, such as water and sewer, and if all other applicable LCP requirements are met.
(B) Site and Structural Dimensions. The following single-family and multifamily charts show site area per dwelling unit, setbacks, maximum allowable lot coverages, building height limits, allowable floor area to lot area ratios, maximum number of stories, minimum site widths and minimum site frontages for residential zone districts. These standards shall apply within all residential R zone districts, except as noted elsewhere in this section, and uses inconsistent therewith shall be prohibited absent a variance approval.
|
ZONE DISTRICT AND MINIMUM NET SITE AREA PER DWELLING UNIT |
PARCEL SPECIFIC CONDITION |
SETBACKS (FEET) |
MAXIMUM PARCEL COVERAGE*** |
MAXIMUM HEIGHT (FEET) |
FLOOR AREA RATIO**** |
MAXIMUM NUMBER STORIES** |
MINIMUM SITE WIDTH (FEET) |
MINIMUM SITE FRONTAGE |
||
|---|---|---|---|---|---|---|---|---|---|---|
|
FRONT |
SIDE |
REAR |
||||||||
|
All Districts |
Minimum to garage/carport entrance |
20 |
20 |
20 |
|
|
|
|
|
|
|
Parcels <60 feet wide (except for corner lots) |
|
5&5 |
|
|
|
|
|
|
|
|
|
Detached Garages, inside the USL |
* |
* |
* |
|
24 and 20 exterior wall |
|
|
|
|
|
|
Accessory Dwelling Units‡ |
‡ |
‡ |
‡ |
‡ |
‡ |
‡ |
‡ |
N/A |
N/A |
|
|
RB > or = 4,000 sq. ft. |
General requirements |
10 |
0&5 |
10 |
40% |
25; on beach side: 17 |
0.5:1 |
2; on beach side: 1 |
40 |
40 |
|
Corner lots |
10 |
0&10 |
10 |
40% |
See above |
0.5:1 |
See above |
40 |
40 |
|
|
Lots on beach side of street |
10 |
0&5 |
0 |
40% |
See above |
0.5:1 |
See above |
40 |
40 |
|
|
Semi-detached dwellings and dwellings adjacent to pedestrian rights-of-way |
10 |
0&5 |
10 |
|
|
|
|
|
|
|
|
R-1-3.5 to R-1-4.9 0 to <5,000 sq. ft. |
General requirements |
15 |
5&5 |
15 |
40% |
28 |
0.5:1 |
2 |
35 |
35 |
|
Corner lots—existing parcels |
15 |
5&10 |
15 |
40% |
28 |
0.5:1 |
2 |
35 |
35 |
|
|
—creating new parcels |
5&15 |
|||||||||
|
Parcels >5,000 sq. ft. |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
2 |
35 |
35 |
|
|
R-1-5 to R-1-5.9 5,000 to <6,000 sq. ft. |
General requirements |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
2 |
50 |
50 |
|
Corner lots—existing parcels —creating new parcels |
20 |
|
15 |
40% |
28 |
0.5:1 |
2 |
50 |
50 |
|
|
Parcels 4 to <5,000 sq. ft. |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
2 |
50 |
50 |
|
|
R-1-6 to R-1-9.9 6,000 to <10,000 sq. ft. |
General requirements |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
2 |
60 |
60 |
|
Corner lots—existing parcels |
20 |
5&10 |
15 |
40% |
28 |
0.5:1 |
2 |
60 |
60 |
|
|
—creating new parcels |
5&20 |
|||||||||
|
Parcels >4,800 to <5,999 sq. ft. |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
2 |
|
|
|
|
R-1-10 to R-1-15.9 10,000 to <16,000 sq. ft. |
General requirements |
20 |
10&10 |
15 |
40% |
28 |
0.5:1 |
2 |
60 |
60 |
|
Creating new corner lots |
20 |
10&20 |
15 |
40% |
28 |
0.5:1 |
2 |
60 |
60 |
|
|
R-1-16 to R-1-<1 acre 16,000 sq. ft. to <1 acre |
General requirements |
30 |
15&15 |
15 |
20% |
28 |
N/A |
2 |
90 |
60 |
|
RR, RA and R-1-1 >1 acre |
General requirements—1 to <5 acres |
40 |
20&20 |
20 |
10% |
28 |
N/A |
2 |
100 |
60 |
|
General requirements—5 acres or more |
40 |
20&20 |
20 |
10% |
28 |
N/A |
2 |
150 |
100 |
|
NOTE: This chart contains the single-family residential zone district standards and some of the most commonly used exceptions. For additional exceptions relating to parcels, see SCCC 13.10.323(D). For additional exceptions relating to structures, see SCCC 13.10.323(E). Variations from maximum structural height, maximum number of stories and maximum floor area as defined by FAR may be approved with a residential development permit by the appropriate approving body for affordable housing units built on-site or off-site in accordance with Chapter 17.10 SCCC and SCCC 13.10.681 and 13.10.685.
* Site standard for the applicable zone district must be met.
** Number of stories is limited outside the urban services line by the General Plan.
*** For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the maximum parcel coverage shall be 1.25 times that of the applicable zone district. Development shall be consistent with State Office of Historic Preservation guidance.
**** For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the floor area ratio (FAR) shall be 0.6:1 in any zone district where the standard FAR is 0.5:1. Development shall be consistent with State Office of Historic Preservation guidance.
‡ See SCCC 13.10.681(D) for standards governing ADUs.
|
ZONE DISTRICT AND MINIMUM NET SITE AREA PER DWELLING UNIT |
PARCEL SPECIFIC CONDITION |
SETBACKS (FEET) |
MAXIMUM PARCEL COVERAGE** |
MAXIMUM HEIGHT (FEET) |
FLOOR AREA RATIO*** |
MAXIMUM NUMBER STORIES |
MINIMUM SITE WIDTH (FEET) |
MINIMUM SITE FRONTAGE |
||
|---|---|---|---|---|---|---|---|---|---|---|
|
FRONT |
SIDE |
REAR |
||||||||
|
All Districts |
Minimum to garage/carport entrance |
20 |
20 |
20 |
|
|
|
|
|
|
|
Parcels <60 feet wide (except for corner lots) |
|
5&5 |
|
|
|
|
|
|
|
|
|
Detached Garages, inside the USL |
* |
* |
* |
|
24 and 20 exterior wall |
|
|
|
|
|
|
Accessory Dwelling Units‡ |
‡ |
‡ |
‡ |
‡ |
‡ |
‡ |
‡ |
N/A |
N/A |
|
|
RM-1.5 to RM-4.9 0 to <5,000 sq. ft. |
General requirements for all parcels within these zone districts |
15 |
5&5 |
15 |
40% |
28 |
0.5:1 |
Per use permit or 2 |
35 |
35 |
|
Corner lots—existing parcels
|
15 |
5&10 |
15 |
40% |
28 |
0.5:1 |
|
35 |
35 |
|
|
—creating new parcels |
15 |
5&15 |
15 |
40% |
28 |
0.5:1 |
|
35 |
35 |
|
|
Parcels >5,000 sq. ft. |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
|
35 |
35 |
|
|
RM-5 to RM-5.9 5,000 to <6,000 sq. ft. |
General requirements and for parcels >6,000 sq. ft. |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
Per use permit or 2 |
50 |
50 |
|
Corner lots—existing parcels |
20 |
5&10 |
15 |
40% |
28 |
0.5:1 |
|
50 |
50 |
|
|
—creating new parcels |
20 |
5&10 |
15 |
40% |
28 |
0.5:1 |
|
50 |
50 |
|
|
Parcels >4,000 to <5,000 sq. ft. |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
|
50 |
50 |
|
|
RM-6 to RM-9.9 6,000 to <10,000 sq. ft. |
General requirements |
20 |
5&8 |
15 |
40% |
28 |
0.5:1 |
Per use permit or 2 |
60 |
60 |
|
Corner lots—existing parcels |
20 |
5&10 |
15 |
40% |
28 |
0.5:1 |
|
60 |
60 |
|
|
—creating new parcels |
20 |
5&20 |
15 |
40% |
28 |
0.5:1 |
|
60 |
60 |
|
NOTE: This chart contains the multifamily residential zone district standards and some of the most commonly used exceptions. For additional exceptions relating to parcels, see SCCC 13.10.323(D). For additional exceptions relating to structures, see SCCC 13.10.323(E). Variations from maximum structural height, maximum number of stories and maximum floor area as defined by FAR may be approved with a residential development permit by the appropriate approving body for affordable housing units built on-site or off-site in accordance with Chapter 17.10 SCCC and SCCC 13.10.681 and 13.10.685.
* Site standard for the applicable zone district must be met.
** For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the maximum parcel coverage shall be 1.25 times that of the applicable zone district. Development shall be consistent with State Office of Historic Preservation guidance.
*** For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC standards, the floor area ratio (FAR) shall be 0.6:1 in any zone district where the standard FAR is 0.5:1. Development shall be consistent with State Office of Historic Preservation guidance.
‡ See SCCC 13.10.681(D) for standards governing ADUs.
(C) Calculating Allowable Gross Building Area. When determining the maximum allowable gross building area for a specific parcel, it is necessary to know the zoning and net site area of the parcel. Definitions of net site area, gross building area, floor area, floor area ratio, story, attic, basement, underfloor, and mezzanine appear in SCCC 13.10.700-A through 13.10.700-Z.
Net Site Area x Floor Area Ratio (FAR) = Total Allowable Gross Building Area for All Buildings on Site
Net Site Area x Maximum Parcel Coverage Percentage = Maximum Allowable Parcel Coverage
AREAS INCLUDED IN GROSS
BUILDING AREA CALCULATION
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• |
All floor areas; areas with ceiling heights greater than 16 feet zero inches are counted twice, and greater than 24 feet zero inches are counted three times (2, 3, 4, 5). |
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• |
Garage (credit for one parking space—225 square feet not counted (1). |
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• |
Covered and enclosed area (6). |
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• |
Stairs and landing at each floor. |
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• |
Basements, attics and under floor area which reach a ceiling height of seven feet six inches or higher, then all areas greater than five feet zero inches in height shall count as area for FAR calculations. |
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• |
Areas under building projections greater than three feet from the exterior wall, or cumulatively greater than one-third the length of that side of the building. |
AREAS NOT INCLUDED IN CALCULATIONS
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• |
First 140 square feet and then one-half of all covered, unenclosed porch areas (7) |
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• |
Uncovered decks (covered decks count) |
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• |
Uncovered balconies (covered balconies count) |
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• |
Areas beneath three feet of roof overhang |
SAMPLE PARCEL of 3,783 net square feet, R-1-4 Zone District from Site and Structural Dimensions Chart:
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Floor Area Ratio = 0.5:1 |
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Maximum Parcel Coverage = 40% |
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3,783 sq. ft. x 0.5 = 1,892 sq. ft. Total Floor Area |
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3,783 sq. ft. x 0.40 = 1,513 sq. ft. Maximum First Floor Area (Round to Nearest Foot) |
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Total Floor Area = 1,892 sq. ft. |
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Less: Maximum First Floor Area = 1,513 sq. ft. |
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Second Level Area = 379 sq. ft. |
The total floor area may be divided equally between floors.
(D) Site and Structural Dimensions Exceptions Relating to Parcels.
(1) Parcels Created from New Land Divisions.
(a) Within any new land division project, all development standards on all lots or parcels which abut the periphery of the project site are subject to all the restrictions stated in this section unless a variance is obtained. No parcel shall be created smaller than 3,500 square feet in area. On individual lots or parcels within any land division project not abutting the periphery of the project site, site and structural dimensions may vary from the general requirements for the zone district; provided, that the approved standards and dimensions for each new lot or parcel are specifically indicated on the approved tentative map.
(2) Nonconforming Parcels.
(a) On a lot which contains less than 80 percent of the minimum site area required in the applicable zone district, or has less than 80 percent of the minimum width, or frontage, the building setbacks required shall be equal to those in the zone district having a minimum site area or dimensions which most closely correspond to those of the substandard lot.
(3) Parcels Reduced Due to Right-of-Way Dedications.
(a) A site area variance approval shall not be required for a new single-family dwelling or additions to an existing single-family dwelling on an existing lot of record which is reduced in size to less than the minimum site area required in the applicable zone district due to requirements for a public dedication of right-of-way.
(b) For a new or existing single-family dwelling on an existing lot of record which becomes nonconforming due to a public dedication of right-of-way, variances to building setback and structural dimension requirements shall not be required; provided, that the front yard is not less than 15 feet and the street side yard is not less than six feet.
(4) Parcels with Agricultural, Geological or Environmental Resources and/or Constraints. For setbacks from fault zones, floodplains/floodways and coastal bluffs and beaches, see SCCC 16.10.070. For setbacks from riparian corridors see SCCC 16.30.040. For setbacks from sensitive habitats see SCCC 16.32.090. For setback/buffer requirements for parcels abutting commercial agricultural, CA zoned parcels, see SCCC 16.50.095.
(5) Parcels with Steep Slopes.
(a) In all residential zone districts, if the elevation of the lot at a point 50 feet from the center line of the traveled roadway is seven feet or more above or below the elevation of said center line, an attached or detached carport which (in the interest of public safety) is unenclosed on all sides may be built to within five feet of the front property line or edge of right-of-way of the lot. Open safety railings no more than 42 inches in height may be constructed to the property line without a development permit, except that in the Coastal Zone a coastal development permit will be required for all such development unless it is exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.
(b) In the RB District, where the site abuts an existing street, road, or easement for road purposes recorded in the County Recorder’s Office before March 25, 1969, and where the front 30 feet of the site exceeds a slope of 25 percent, no front yard is required.
(6) Parcels with Double Frontage. When both the front and rear property lines of a parcel abut on a right-of-way to which it has legal access, the required front yards shall be measured from both rights-of-way. Only one of the front yards shall be required to meet the off-street parking criteria described in this chapter.
(E) Site and Structural Dimension Exceptions Relating to Structures.
(1) Structural Encroachments. Eaves, chimneys, bay windows (less than 60 inches in height), uncovered, unenclosed porches, decks, stairways and landings may extend into required front and rear yard by six feet; provided, that balconies, or decks must be cantilevered in order to encroach. Eaves, chimneys and uncovered, unenclosed stairways and landings may extend into required side yard three feet. Decks less than 18 inches high may be constructed to property lines. Second story rooftop decks and landings are not permitted. Structural encroachments associated with Accessory Dwelling Units must preserve minimum two-foot interior side and rear setbacks.
(2) Structures Designed for Solar Access.
(a) Criteria for New Construction. In cases where it is not possible to orient a new building southward within the applicable yard requirements for the purpose of incorporating an active or passive solar energy system, a reduction in such yard requirements may be authorized as a Level III approval pursuant to Chapter 18.10 SCCC; provided, that:
(i) The purpose of the reduction is to incorporate an active or passive solar energy system into the new building;
(ii) The building envelope would comply with all zoning provisions if oriented parallel to the lot lines;
(iii) The reduced yard requirement will not restrict emergency access or present a fire hazard; and
(iv) The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks.
(b) Criteria for Structural Additions. In cases where it is not possible to make additions to an existing structure within the applicable yard requirements for the purpose of attaching an active or passive solar energy system, reduction in such yard requirements may be authorized as a Level III approval pursuant to Chapter 18.10 SCCC; provided, that:
(i) The reduced yard requirement will not restrict emergency access, or present a fire hazard;
(ii) The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks; and
(iii) The portion of the addition within the required setback is designed for the primary purpose of collecting solar energy.
(3) Structures Larger Than 5,000 Square Feet. No residential structure shall be constructed which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures, unless a Level V approval is obtained pursuant to the provisions of SCCC 13.10.325.
(4) Structures Exceeding Two Stories. Outside the urban services line, the number of stories in a residential structure shall not be limited by the provisions of subsection (E)(2)(b) of this section.
(5) Structures Exceeding 28 Feet.
(a) With Increased Yards. Building heights which exceed those specified in subsection (E)(2)(b) of this section are allowable if all required yards are increased five feet for each foot over the permitted building height and planning approvals are obtained according to the following table:
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Parcel Size (Net Site Area) |
Maximum Height Above Existing Grade |
Planning Approvals Required |
|---|---|---|
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Less than 2-1/2 acres |
Over 28 feet |
Level IV approval |
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2-1/2 acres or larger |
Over 28 feet up to 35 feet |
Level III approval |
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Over 35 feet |
Level IV approval |
(b) With Design Review. Building heights up to a maximum of 33 feet may be allowed without increased yards or variance approval, subject to review and recommendation by the Urban Designer or Planning Director (or designee), and subject to approval by the Zoning Administrator following a public hearing. Appeals from this decision shall be processed pursuant to Chapter 18.10 SCCC.
(6) Accessory Structures.
(a) Water Tanks and Propane Tanks. Water tanks which are required for fire protection and/or domestic use may be erected to within three feet of any property line; provided, that the proposed location is a written requirement from the County Fire Marshal, appropriate fire agency or Environmental Health Service. Propane/LP gas tanks may be erected to within five feet of any property line; provided, that the proposed location is a written requirement from the County Fire Marshal or appropriate fire agency. A landscaped screen shall be provided for any tank located within the required front yard.
(b) Side and Rear Yards.
(i) An accessory structure which is attached to the main building shall be considered a part thereof and shall be required to have the same setbacks as the main structure, except that accessory dwelling units must be allowed side and rear setbacks of four feet and accessory structures that are demolished/rebuilt as ADUs must be allowed the same setback as the demolished structure, subject to compliance with Chapter 7.92 SCCC (Fire Code), Chapter 12.10 SCCC (Building Regulations), and SCCC Title 16 (Environmental and Resource Protection).
(ii) A detached accessory structure which is located entirely within the required rear yard and which is smaller than 120 square feet in size and 10 feet or less in height may be constructed to within three feet of the side and rear property lines;
(iii) Garden trellises, garden statuary, birdbaths, freestanding barbeques, play equipment, swimming pool equipment, freestanding air conditioners, heat pumps and similar HVAC equipment and ground-mounted solar systems, if not exceeding six feet in height, are not required to maintain side and rear yard setbacks and are excluded from the calculation of allowable lot coverage.
(c) Separation. The minimum distance between any two detached structures shall be 10 feet with the following exceptions:
(i) Eaves, chimneys, cantilevered, uncovered, unenclosed balconies, porches, decks and uncovered, unenclosed stairways and landings may encroach three feet into the required 10-foot separation;
(ii) No separation is required between water tanks located on the same parcel;
(iii) No separation is required between garden trellises, garden statuary, birdbaths, freestanding barbecues, play equipment, swimming pool equipment, freestanding air conditioners, heat pumps and similar HVAC equipment and ground-mounted solar systems and other structures located on the same parcel.
(iv) The minimum separation between an accessory dwelling unit and any other structure on a parcel, including encroachments included in subsection (i) above, shall be no less than three feet.
(d) On Reversed Corner Lots. On a reversed corner lot, accessory structures shall be located not closer to the rear property line than the required side yard on the adjoining key lot, and not closer to the side property line adjoining the street than the required front yard of the adjoining key lot.
(e) Distance from Alleys. Detached accessory structures including garages shall not be located within three feet of any alley.
(f) Garages Located in Required Rear and Side Yards.
(i) On residentially zoned parcels smaller than 10,000 square feet, an attached or detached garage (“garage” as defined under SCCC 13.10.700-G but excluding carports) may be located within side and rear setback areas with up to a 50 percent reduction of the required setback distances to the rear and interior side property lines; provided, that:
A. There shall be no windows, doors or other openings on garage walls that are less than five feet from the side or rear property lines.
B. The garage shall have a minimum front setback of 40 feet, or, for parcels less than 80 feet deep, the minimum front setback to the garage shall be 50 percent of the parcel’s depth.
C. Eaves or other projections on garages with reduced setbacks shall extend no more than two additional feet closer to the rear and side yard property lines, and no closer than allowed by the California Residential Building Code (CRC).
D. The garage shall have a maximum depth of 30 feet.
(ii) On residential parcels 10,000 square feet or larger in size, an attached or detached garage may be located within side and rear setback areas with up to a 50 percent reduction of the required setback distances to the rear and interior side property lines, subject to subsections (E)(6)(f)(i)(A) through (D) of this section; and provided, that a minor exception is obtained in accordance with SCCC 13.10.235.
(iii) On residential parcels less than 10,000 square feet, a garage may be located up to zero feet from the rear or interior side property line if an administrative site development permit (Level IV approval) is obtained pursuant to the provisions of Chapter 18.10 SCCC, and it is found that the garage will not be detrimental or injurious to property or improvements in the neighborhood, and will not unreasonably infringe on adequate light, air or privacy of adjacent residences.
(iv) A garage located within a required rear or side setback area shall not exceed 17 feet in height or one story, unless an administrative site development permit (Level IV approval) is obtained pursuant to the provisions of Chapter 18.10 SCCC, and it is found that the garage will not be detrimental or injurious to property or improvements in the neighborhood, and will not unreasonably infringe on adequate light, air or privacy of adjacent residences.
(g) Detached New Construction ADUs Inside the Urban Services Boundary With Design Review. Building heights up to five feet in excess of the zoning standard, but in no case exceeding 28 feet, may be allowed without increased yards or variance approval, subject to design review and to the coastal view protection standards of Chapter 13.20 SCCC (if located in the Coastal Zone), and subject to approval by the Zoning Administrator following a public hearing. Appeals from this decision shall be processed pursuant to Chapter 18.10 SCCC.
(7) Front Yard Averaging.
(a) On a site situated between sites improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average depth of the front yards on the improved sites adjoining the side lines of the site but in no case shall be less than 10 feet.
(b) Where a site is not situated between sites improved with buildings and where sites comprising 40 percent of the frontage on a block are improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average of the existing front yard depths on the block but in no case shall be less than 10 feet.
(c) In computing average front yard depths, the figure 30 feet shall be used in lieu of any front yard depth greater than 30 feet.
(d) Proposed garages or carports shall meet the minimum front yard setbacks shown in this section, site and structural dimensions charts, or as allowed by subsection (D)(5) of this section, Parcels with Steep Slopes. The required front yard setback for other accessory structures may be reduced as allowed by subsection (E)(6) of this section.
(F) Usable Open Space. In RM Districts, group or private usable open space or a combination thereof shall be provided for each dwelling unit on the site according to the following table:
|
Type of Space |
Minimum Total Area per Dwelling Unit |
Restrictions on Any Portion of Usable Open Space |
|---|---|---|
|
For Group Use |
300 square feet (200 square feet on sites less than 6,000 square feet) |
Minimum size: 200 square feet Minimum dimension: 15 feet |
|
For Private Use |
200 square feet |
Ground level: |
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Minimum size: 150 square feet |
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Minimum dimension: 10 feet |
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Above ground: |
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Minimum size: 50 square feet |
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Minimum dimension: 6 feet |
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Minimum distance from interior lot line: 10 feet |
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Shall be directly accessible from the dwelling units served and not from other units |
All Required Usable Open Space:
(1) Shall be planted with lawn or ground cover, or surfaced with dust-free material.
(2) Shall be screened from streets and adjacent sites.
(3) If above ground, shall be open on at least one side.
(4) Shall not be located in a parking area, driveway, service area, or required front yard.
(5) Shall not have a slope of more than 10 percent.
(6) Shall not be obstructed except by improvements that enhance its usability, such as swimming pools, fountains, sunshades, and plantings.
(7) If at ground level, shall not be covered more than 50 percent by a building overhang or balcony.
(G) Residential Uses on Coastal Zone Nonprime Agricultural Land. Building permits for residential uses on parcels designated in the Local Coastal Program Land Use Plan as agricultural land use and not as prime agricultural land shall be issued only upon documentation that the Agricultural Policy Advisory Commission has made the following determinations:
(1) Residential use of the parcel will not conflict with on-site or adjacent activities; and
(2) The building site has approved agricultural buffer setbacks; and
(3) The residents and owner of the subject parcel have executed a binding hold-harmless covenant with adjacent agricultural operators and owner which shall run with the land and be recorded prior to occupancy.
(H) Other Regulations. Other development standards applicable to residential zone districts are contained in the following sections of the County Code:
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SCCC |
|---|---|
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Agricultural buffers/setbacks |
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Design review |
13.11.010, et seq. |
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Fences |
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General site standards |
13.10.510, et seq. |
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Minimum parcel sizes |
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Parking |
13.10.550, et seq. |
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Signs |
13.10.580, et seq. |
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Trip reduction requirements (residential developments of 25 or more housing units) |
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Use of nondevelopable land |
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Use of land designated urban open space in the General Plan |
[Ord. 5382 § 2, 2021; Ord 5326 §§ 5—7, 2020; Ord. 5325 §§ 5—7, 2020; Ord. 5265 §§ 4, 5, 2018; Ord. 5264 § 4, 6, 2018; Ord. 5239 §§ 4, 5, 2017; Ord. 5181 § 2, 2014; Ord. 5152 § 4, 2013; Ord. 5126 § 2, 2012; Ord. 5124 § 1, 2012; Ord. 5119 §§ 17, 18, 2012; Ord. 5115 § 1, 2012; Ord. 5095 § 1, 2011; Ord. 5087 §§ 3, 4, 2011; Ord. 5042 §§ 1, 2, 2009; Ord. 5018 §§ 1, 8—15, 2008; Ord. 4921 §§ 7, 8, 2008; Ord. 4850 §§ 1, 2, 2007; Ord. 4836 §§ 67—76, 2006; Ord. 4808 §§ 9—16, 2005; Ord. 4782 § 3, 2005; Ord. 4751 § 6, 2003; Ord. 4737 § 2, 2003; Ord. 4727 § 5, 2003; Ord. 4646 § 3, 2001; Ord. 4641 § 3, 2001; Ord. 4496-C §§ 7, 8, 9, 1998; Ord. 4495 § 6, 1998; Ord. 4460 § 3, 1997; Ord. 4416 § 6, 1996; Ord. 4406 § 6, 1996; Ord. 4371 § 1, 1995; Ord. 4346 § 13, 1994; Ord. 4324A § 1, 1994; Ord. 4314 § 2, 1994; Ord. 4312 § 2, 1994; Ord. 4286 § 2, 1993; Ord. 4281 § 1, 1993; Ord. 4194 §§ 1, 4, 5, 1992; Ord. 4159 § 1, 1991; Ord. 4122 § 3, 1991; Ord. 4119 § 3, 1991; Ord. 4097 § 5, 1990; Ord. 4095 §§ 1—6, 1990; Ord. 3746 §§ 1—3, 1986; Ord. 3632 §§ 7, 8, 1985; Ord. 3593 §§ 5—7, 1984; Ord. 3501 § 2, 1984; Ord. 3432 § 1, 1983].
13.10.324 Design and operating criteria for congregate senior housing. Amended pending Coastal Commission approval Ord. 5423
(A) All provisions of Chapter 13.11 SCCC, Site, Architectural and Landscape Design Review, and SCCC 13.10.323 (residential site standards), shall be met. Additional requirements are as follows.
(B) Minimum Unit Size.
(1) Studio: 400 square feet.
(2) One-bedroom: 550 square feet.
(3) Two-bedroom: 700 square feet.
(C) Kitchen Facilities. Minimum kitchen facilities shall contain 10 cubic feet cabinet storage area, a small one-basin sink, a half-size refrigerator, and a two-burner stove.
(D) Individual bathrooms shall be required and meet the following standards:
(1) Handrail shall be provided;
(2) Nonskid surfaces for floors and tubs shall be provided;
(3) An emergency button or pull cord shall be provided near tub or toilet.
(E) Handrails shall be provided the full length of the hallways.
(F) Transportation Services. Full daytime van service shall be provided and the program shall be approved by the Planning Department.
(G) Free bus passes shall be provided to any resident upon request by the residents.
(H) Amenities.
(1) Adequate organized physical activity or social activities must be provided. Activity program shall be reviewed by the Seniors Commission and approved by the Human Resources Agency.
(2) Easy access shall be provided to outdoor recreational areas.
(3) Adequate programs shall be established for the delivery of personal services such as maid and linen services, sundries, beautician and/or barber, banking, and other similar services. These programs shall be approved by the Planning Department.
(4) Signing. To be consistent with SCCC 13.10.580 through