Santa Cruz County Unincorporated
City Zoning Code
City Zoning Code
CHAPTER 13
10 ZONING REGULATIONS
13.10.110 Title of chapter and definition of Zoning Ordinance.
This chapter shall be known as the "planning and zoning regulations of the County of Santa Cruz," or the "Zoning Ordinance."
(Ord. 3432 § 1, 1983; Ord. 5423 § 1, 2022)
13.10.120 Purpose.
The purposes of this chapter and of the Zoning Ordinance are:
(A)
To implement the General Plan and Local Coastal Program, and any applicable town, village, or area 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; and
(D)
To protect the natural environment in compliance with the California Environmental Quality Act.
(Ord. 3432 § 1, 1983; Ord. 5423 § 1, 2022)
13.10.130 Scope.
Pursuant to California Government Code Section 65850, this chapter contains provisions to:
(A)
Regulate the use of buildings, structures, and land as between industry, business, residents, and open space, including agriculture, recreation, enjoyment of scenic beauty, 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; and
(E)
Establish and maintain building setback lines.
(Ord. 3432 § 1, 1983; Ord. 5423 § 1, 2022)
13.10.140 Applicability.
(A)
Compliance With Zoning Ordinance. 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 or discretionary development 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 and other applicable chapters of the Zoning Ordinance 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 and other chapters of the Zoning Ordinance, 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. 3432 § 1, 1983; Ord. 4027 § 2, 1989; Ord. 4166 § 5, 1991; Ord. 5182 § 4, 2014; Ord. 5423 § 1, 2022)
13.10.150 Amendment. [1]
Any amendment to this chapter or the Zoning Ordinance as defined by SCCC § 13.10.110 or to the official zoning map, which changes property from one zone district to another, or imposes any land use development regulation not previously imposed, or removes or modifies any such regulation previously imposed, shall be processed as a legislative matter pursuant to Chapters 18.10 and 18.40 SCCC.
(Ord. 3432 § 1, 1983; Ord. 5423 § 1, 2022)
[1]
Code reviser's note: Ordinances 5423 and 5429, adopted simultaneously to implement the County's sustainability policy and regulatory update of 2022, both adopt amendments affecting SCCC § 13.10.150 through § 13.10.170. The code reflects the County's intent to leave the amendments of Ordinance 5423 in Chapter 13.10 SCCC, rather than codifying those provisions in Chapter 18.40 SCCC as indicated by Ordinance 5429. Contact the County for more information.
13.10.160 Environmental protection. [1]
All approvals pursuant to this chapter shall be processed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and any local County procedures that may be adopted pursuant to Chapter 16.01 SCCC.
(Ord. 3432 § 1, 1983; Ord. 5423 § 1, 2022)
[1]
Code reviser's note: Ordinances 5423 and 5429, adopted simultaneously to implement the County's sustainability policy and regulatory update of 2022, both adopt amendments affecting SCCC § 13.10.150 through § 13.10.170. The code reflects the County's intent to leave the amendments of Ordinance 5423 in Chapter 13.10 SCCC, rather than codifying those provisions in Chapter 18.40 SCCC as indicated by Ordinance 5429. Contact the County for more information.
13.10.170 General Plan and Local Coastal Program, and village, town, or area plan consistency. [1]
(A)
Consistency Requirement. The Zoning Ordinance and the planning and zoning regulations established by this chapter shall be consistent with the General Plan, and any applicable Village, Town, or Area Plan.
(B)
Consistent Zone Districts. The following zoning implementation table denotes the basic zone districts that implement and are consistent with the various General Plan land use, resource, and constraint designations.
Table 13.10.170-1: Zoning Implementation Table | |
|---|---|
General Plan/Local Coastal Program Land Use Designation | Zone District pursuant to SCCC § 13.10.311 et seq., and SCCC § 13.10.400 et seq. |
All Land Use Designations | |
(Except Agricultural Resource Lands) | SU—Special Use |
Agricultural: | |
AG—Agriculture | A—Agriculture |
RA—Residential Agriculture | |
CA—Commercial Agriculture | |
TP—Timber Production | |
PR—Parks, Recreation and Open Space | |
AP—Agricultural Preserve (for existing AP Districts only) | |
Commercial: | |
C-N—Neighborhood Commercial | C-1—Neighborhood Commercial |
CT—Tourist Commercial | |
PA—Professional and Administrative Offices | |
C-C—Community Commercial | C-1—Neighborhood Commercial |
C-2—Community Commercial | |
C-3—Workplace Flex | |
CT—Tourist Commercial | |
VA—Visitor Accommodations | |
PA—Professional and Administrative Offices | |
C-V—Visitor Accommodations | VA—Visitor Accommodations |
CT—Tourist-Commercial | |
C-S—Service Commercial/Light Industry | M-1—Light Industrial |
PA—Professional and Administrative Offices | |
C-3—Workspace Flex | |
C-4—Commercial Services | |
C-O—Professional and Administrative Offices | PA—Professional and Administrative Offices |
C-3—Workplace Flex | |
Public Facility/Institutional: | |
P—Public/Institutional Facilities | PF—Public and Community Facilities |
Residential: | |
R-M—Mountain Residential | RR—Rural Residential |
RA—Residential Agriculture | |
TP—Timber Production | |
A—Agriculture | |
R-1—Single-Family Residential** (5,000 square feet to one acre lot size) | |
R-R—Rural Residential | RR—Rural Residential |
RA—Residential Agriculture | |
A—Agricultural | |
R-1—Single-Family Residential** (5,000 square feet to one acre lot size) | |
R-S—Suburban Residential | RR—Rural Residential |
RA—Residential Agriculture | |
R-1—Single-Family Residential** (5,000 square feet to one acre lot size) | |
R-UVL—Urban Very Low Residential | R-1—Single-Family Residential* |
R-UL—Urban Low Residential | R-1—Single-Family Residential* |
RB—Ocean Beach Residential* | |
RM—Multifamily Residential* | |
R-UM—Urban Medium Residential | R-1—Single-Family Residential* |
RB—Ocean Beach Residential* | |
RM—Multifamily Residential* | |
R-UH—Urban High Residential | R-1—Single-Family Residential* |
RM—Multifamily Residential* | |
R—Regional Housing Needs Combining District* | |
R-UFH—Urban Flex High Residential | RF—Residential Flex |
All Residential Designations | PR—Parks, Recreation and Open Space |
Open Space Uses: | |
O-R—Parks, Recreation and Open Space | PR—Parks, Recreation and Open Space |
TP—Timber Production | |
O-C—Resource Conservation | PR—Parks, Recreation and Open Space |
TP—Timber Production | |
A—Agriculture | |
O-L—Lakes, Reservoir, Lagoon | PR—Parks, Recreation and Open Space |
O-U—Urban Open Space | PR—Parks, Recreation and Open Space |
Industrial: | |
I—Heavy Industry | M-1—Light Industrial |
M-2—Heavy Industrial | |
Q—Quarry | M-3—Mineral Extraction |
General Plan/Local Coastal Program Resource: | |
Agricultural Resource Lands | AP—Agricultural Preserve Zone District |
A-P—Agriculture with Agricultural Preserve Zone District | |
CA—Commercial Agriculture | |
TP—Timber Production | |
Timber Resource Lands | TP—Timber Production |
General Plan/Local Coastal Program Constraint: | |
Coastal Bluffs and Beaches | GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC § 13.10.400) |
Fault Zones | GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC § 13.10.400) |
Liquefaction Areas | GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC § 13.10.400) |
Landslide Areas | GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC § 13.10.400) |
Floodplains and Tsunami Inundation Areas | GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC § 13.10.400) |
Other Designation or Condition: | |
Combining Districts listed in SCCC § 13.10.400, Combining districts, which are added to zone districts to indicate special limitations or planning control. | |
* 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. |
(Ord. 3432 § 1, 1983; Ord. 3632 § 2, 1985; Ord. 3844 § 2, 1987; Ord. 4346 § 5, 1994; Ord. 4370 § 1, 1995; Ord. 4460 § 1, 1997; Ord. 4577 § 1, 1999; Ord. 4836 § 3, 2006; Ord. 4873 § 2, 2007; Ord. 5063 § 1, 2010; Ord. 5286 § 2, 2018; Res. 79-2019, 2019; Ord. 5294 § 1, 2019; Ord. 5305 § 1, 2019; Ord. 5307 § 1, 2019; Ord. 5423 § 1, 2022)
[1]
Code reviser's note: Ordinances 5423 and 5429, adopted simultaneously to implement the County's sustainability policy and regulatory update of 2022, both adopt amendments affecting SCCC § 13.10.150 through § 13.10.170. The code reflects the County's intent to leave the amendments of Ordinance 5423 in Chapter 13.10 SCCC, rather than codifying those provisions in Chapter 18.40 SCCC as indicated by Ordinance 5429. Contact the County for more information.
13.10.180 Zoning map.
A zoning map shall be established pursuant to this chapter containing the designations, locations, and boundaries of the various zone districts for parcels within the unincorporated portion of Santa Cruz County. The zoning map shall be maintained in the County's geographic information system and considered an integral part of this chapter.
(Ord. 5423 § 2, 2022)
13.10.185 Zoning map amendment.
(A)
Amendment Policy. The County zoning map is 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. In order to maintain a stable, desirable, well-balanced pattern of development throughout the unincorporated County area, amendments to the zoning map are made only upon adequate justification and subject to required procedures in Chapters 18.10 and 18.40 SCCC and findings pursuant to SCCC § 18.10.230(C) and § 18.40.060.
(Ord. 5423 § 2, 2022)
13.10.210 Zoning plan.
Repealed by Ord. 5423.
(Ord. 3432 § 1, 1983)
13.10.215 Zoning plan amendment.
Repealed by Ords. 5429 and 5423.
(Ord. 3432 § 1, 1983; Ord. 3593 § 1, 1984; Ord. 4764 § 3, 2004; Ord. 4767 § 3, 2004; Ord. 4783 § 3, 2005; Ord. 4817 § 2, 2006; Ord. 4843 § 1, 2006; Ord. 5119 § 2, 2012; Ord. 5200 § 3, 2015; Ord. 5210 §§ 1, 2, 2015; Ord. 5286 § 3, 2018; Res. 79-2019, 2019)
13.10.220 Use permits.
(A)
Purpose. To regulate discretionary uses to ensure that these uses, and their location and operation, are compatible and appropriately integrated with surrounding land uses; protect health, safety, welfare, and the environment; comply with all pertinent county policies and ordinances; and are consistent with the General Plan.
(B)
Definitions. "Use permit" means a discretionary permit which authorizes uses of land on a site that are not principally permitted or "by right" uses within the zoning district and rules that apply to the site. A "conditional use permit" ("CUP") is considered after public notice and through a required public hearing, and if approval is granted it is usually subject to identified conditions of approval. A "minor use permit" ("MUP") does not require public notice or public hearing. An "administrative use permit" ("AUP") requires public notice but does not require a public hearing. Any type of use permit may be granted subject to conditions of approval.
(C)
Procedures. All regulations and procedures regarding application, review, findings and conditions of approval, findings on appeal of a denial, enforcement, and other requirements for a use permit shall be in accordance with the provisions of Chapters 18.10 and 19.01 SCCC. Pursuant to SCCC § 18.10.240, the approving body may apply permit conditions related to the operational aspects of a use including but not limited to the following: hours of operation; use of outdoor areas; exterior lighting; safe and adequate site access; use of parking and loading areas; and adequate control of noise, dust, heat, glare, odors, smoke, hazardous materials, pollutants, and other environmental or neighborhood impacts. A proposed use may be conditioned to require the installation of or improvements to landscaping, in conformance with SCCC § 13.11.070(D). Conditions of approval of existing valid discretionary permits relating to a site may also be in effect or applied to a use permit.
(Ord. 3432 § 1, 1983; Ord. 4836 § 4, 2006; Ord. 5423 § 4, 2022)
13.10.225 Emergency use permit.
(A)
Emergency use permits 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, State or Federal emergency has been declared by the Board of Supervisors or as a result of a catastrophic event such as an earthquake, fire, or flood.
(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. 4030 § 2, 1989; Ord. 4160 § 1, 1991; Ord. 5423 § 4, 2022)
13.10.227 Site development permit.
(A)
Purpose. To regulate the physical development of a site to ensure the proposed development, and its design and location, is compatible and appropriately integrated with surrounding land uses; protects health, safety, welfare, and the environment; and complies with the SCCC and all pertinent county policies and ordinances and is consistent with the General Plan.
(B)
Definition. "Site development permit" ("SP") means a discretionary permit authorizing the physical development or improvement of a site. A "conditional site development permit" ("CSP") is considered after public notice and through a required public hearing, and if approval is granted it may be subject to identified conditions of approval. A "minor site development permit" ("MSP") does not require public notice or public hearing. An "administrative site development permit" ("ASP") requires public notice but does not require a public hearing. Any type of site development permit may be granted subject to conditions of approval. Modification of an existing site or structure with a valid discretionary permit may be processed as an amendment to the existing discretionary permit in accordance with SCCC § 18.10.134. Modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, are processed in accordance with SCCC § 13.10.260 et seq.
(C)
Site Development Chart. For permitting requirements, see SCCC § 13.11.037.
(Ord. 5423 § 5, 2022)
13.10.230 Variance approvals.
(A)
Description. A variance approval is a discretionary authorization of exceptions to the zoning district site and development standards for a property including design standards and guidelines and regulations for special uses. The power to grant variance approvals does not allow changes in use which are affected only by use approvals pursuant to SCCC § 13.10.220, rezoning of the property pursuant to SCCC § 18.40.055, 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; or
(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 Chapter 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; and
(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. 3432 § 1, 1983; Ord. 3632 §§ 3, 4, 1985; Ord. 4836 §§ 5, 6, 2006; Ord. 5087 § 1, 2011; Ord. 5423 § 6, 2022)
13.10.235 Minor exceptions.
(A)
Purpose. To provide a streamlined discretionary review process to allow consideration of minor variations from the zoning district site standards established for height, setbacks, separation between structures on the same property, lot coverage, and floor area ratio.
(B)
Applicability. Minor exceptions to the zoning site standards contained in the site and structural dimensions charts may be considered for the following zone districts: agricultural districts; residential districts; commercial districts; industrial districts; parks, recreation, and open space districts; public and community facilities districts; timber production districts; and special use districts. Minor exceptions do not apply to special site standards contained in combining zone districts, specific plans, or PUDs, unless specifically indicated.
Minor exceptions shall be limited to the following:
(1)
Height. Up to a five percent increase in the allowed height. For example, a 28-foot height limit could be increased by up to 16.8 inches (28 feet times 0.05 = 1.4 feet).
(2)
Setbacks. Up to a 15 percent reduction in the required front, side, or rear setback. For example, a five-foot setback may be reduced by up to nine inches (five feet times 0.15 = 0.75 feet).
(3)
Separation Between Structures. Up to a 15 percent exception from the 10-foot separation requirement between structures on the same property, allowing a reduction of up to 1.5 feet, or an 8.5-foot separation.
(4)
Floor Area Ratio. Up to a 7.5 percent increase in the total allowable 50 percent FAR for lots 4,000 square feet or less, allowing up to 57.5 percent FAR.
(5)
Lot Coverage. On parcels with a net site area of 6,000 square feet or greater, up to a 15 percent increase of the total allowable lot coverage; on smaller parcels, up to a 25 percent increase of the total allowable lot coverage, resulting in the following maximum allowable increases:
Table 13.10.235-1: Maximum Additional Lot Coverage | ||
|---|---|---|
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 those 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 § 18.10.116 and § 18.10.121.
(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. 5087 § 2, 2011; Ord. 5119 §§ 3, 4, 2012; Ord. 5126 § 1, 2012; Ord. 5181 § 1, 2014; Ord. 5423 § 6, 2022)
13.10.240 Previous permits.
Any planned unit development approved pursuant to Chapter 18.30 SCCC, variance, use permit, or other approval or development permit previously issued by the County pursuant to previous regulations of the Zoning Ordinance shall continue to be administered in accordance with 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 PUD permits that were adopted by ordinance and must be administered in accordance with the ordinance by which the PUD was adopted.
(Ord. 3432 § 1, 1983; Ord. 5423 § 6, 2022)
13.10.250 Interpretation.
The Zoning Administrator shall be responsible for the interpretation of the provisions of this chapter for their application to any specific case or situation 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; and
(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; Ord. 5423 § 6, 2022)
13.10.260 Nonconforming uses and structures-General provisions.
(A)
Purpose. To establish regulations for nonconforming structures and uses that recognize the prevalence of legally established nonconforming uses and structures, the neighborhood benefit of well-maintained buildings, and the need to preserve and improve existing housing stock and commercial space. To allow legal nonconforming uses and structures to continue to exist, and to be improved, within appropriate parameters that address potential impacts to public health, safety, and welfare. To establish a threshold for when changes to existing nonconforming uses and structures are subject to discretionary review, and establish findings for approval of discretionary permits to protect public health, safety, welfare, and the environment. To establish provisions whereby nonconforming uses that are determined to be detrimental to public health, safety, or welfare may be terminated by the Board of Supervisors.
(B)
Definitions. The following words and phrases, whenever used in this section, or SCCC § 13.10.261 or § 13.10.262, shall have the following meanings:
(1)
"Intensification of use, nonresidential"
means any change or expansion of a nonresidential use which will result in (a) a greater than 10 percent increase in vehicle trips or more than 110 new daily vehicle trips, whichever is smaller; or (b) a 10 percent increase in hazardous materials use or storage, water use, and/or sewage generation.
(2)
"Intensification of use, residential"
means any change to a residential use which will result in an increase in the number of bedrooms, as defined in SCCC § 13.10.700(B).
(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, 18.10 SCCC, and 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 SCCC, 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 § 13.16.030(B), 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 (A)(6) are considered nonconforming uses subject to SCCC § 13.10.345(A)(7) and (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; and
(g)
Expansion of organized camps with nonconforming densities. See SCCC § 13.10.353(B)(3).
(Ord. 5119 § 6, 2012; Ord. 5423 § 6, 2022)
13.10.261 Nonconforming uses.
(A)
Applicability. This section applies to nonconforming uses in all zone districts.
(B)
General Requirements.
(1)
Continuation of Nonconforming Uses and Nonconforming Rights. The lawful use of land existing on the effective date of the adoption, revision, or amendment of the zoning designation or of the zoning regulations that affect a property may be continued, even if the use no longer conforms to the regulations specified by Chapter 13.10 SCCC for the district in which the land is located. A nonconforming use that is not in use for at least three out of the past five years loses its status as a legal nonconforming use, and use of the land or site must conform to current uses allowed by the zone district. If cessation of use is caused involuntarily by fire or other catastrophic event, nonconforming rights are retained for three years after the event, by which time a building permit must be obtained and exercised to repair or reconstruct the nonconforming use in order to retain nonconforming rights. If nonconforming rights are lost due to failure of the use to be continued in three of the past five years or due to the failure to obtain and exercise a building permit within three years after a catastrophic event, and a conforming use has not been subsequently established at the site, the property owner may apply for a conditional use permit 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.
Table 13.10.261-1: Changes to Nonconforming Use | |
|---|---|
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, including a site development permit where indicated in site development regulations for the zone district. |
Reconstruction (as defined in SCCC § 13.10.260(B)(6)) of an existing structure. | Conditional use permit (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 (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 (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 (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.
Table 13.10.261-2: Changes to Nonconforming Use | |
|---|---|
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 (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 (see subsections (E) and (F) of this section). |
Change of an existing nonconforming use to another nonconforming use with no intensification. | Administrative use permit (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 administrative 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 in Chapter 18.10 SCCC, including the requirement for a public hearing and required findings.
(F)
Additional Findings Required. Approval of an administrative or conditional use permit pursuant to subsections (D) and (E) of this section is subject to the following additional findings:
(1)
That additional parking requirements created by the project can be met in accordance with SCCC § 13.10.551;
(2)
That the proposed project will not significantly impair economic vitality goals or key land use goals of the General Plan;
(3)
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; and
(4)
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; Ord. 5423 § 6, 2022)
13.10.262 Nonconforming structures.
(A)
Changes to Nonconforming Structures—Permits Required. The requirements of this section are in addition to and do not supersede requirements or permit approvals required in other sections of the Santa Cruz County Code, including but not limited to SCCC Titles 12, 13, 16 and 18.
(1)
Structural Alterations. Except as noted in subsection (A)(4) of this section, structural alterations to an existing nonconforming structure within a consecutive five-year period that do not constitute reconstruction as defined by SCCC § 13.10.260(B)(6) are permitted upon issuance of a building permit and any approvals or permits that may be required by other sections of the SCCC including a site development permit where indicated in site development regulations for the zone district.
(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 SCCC, including a site development permit for sites in the commercial and industrial zone districts where indicated in site development regulations for the district. 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 (A)(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 they determine 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 (A)(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;
(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, including a site development permit where indicated in site development regulations for the district, 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 SCCC, 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 they determine 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 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)
Any additional parking requirements created by the project can be met in accordance with SCCC § 13.10.551;
(2)
The proposed project will not significantly impair economic development goals or key land use goals of the General Plan;
(3)
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;
(4)
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; and
(5)
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/Local Coastal Program Policy ARC-3.3.2.
(Ord. 5119 § 8, 2012; Ord. 5423 § 6, 2022)
13.10.265 Nonconforming structures.
Repealed by Ord. 5119.
(Ord. 3432 § 1, 1983; Ord. 3746 § 4, 1986; Ord. 3927 § 1, 1988; Ord. 4024 § 1, 1989; Ord. 4160 § 2, 1991; Ord. 4368 § 1, 1995; Ord. 4525 § 4, 1998; Ord. 4642 § 1, 2001; Ord. 4771 § 3, 2004; Ord. 4836 §§ 9, 10, 2006; Ord. 4921 § 1, 2008)
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. 3451-A § 6, 1983; Ord. 4346 § 6, 1994; Ord. 4390A, 1996; Ord. 4496-C §§ 3, 4, 1998; Ord. 5119 §§ 9–16, 2012)
13.10.276 Violations of conditions of approval.
(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; Ord. 5423 § 7, 2022)
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. 3451-A § 9, 1983; Ord. 4836 § 11, 2006; Ord. 5061 § 3, 2009)
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. 3432 § 1, 1983; Ord. 3891 § 1, 1988; Ord. 4390A, 1996)
13.10.510 Application of site standards.
(A)
Subsequent Divisions. No parcel shall be divided so as to reduce the building site area, width, depth, or frontage below those required by this chapter, except as indicated in SCCC § 13.10.323(E)(1).
(B)
No yard or other open space provided around any building on one site shall be considered as providing a yard or open space for a building on any other site.
(C)
Exceptions to Site Standards. Site area, width, depth, and frontage requirements of this chapter shall not apply to sites used for tract offices, public utility structures and uses, power stations, radio and television transmission towers, drainageways, and similar structures which require a use approval, but appropriate requirements shall be determined by conditions of each use approval granted for each use. Flat plate solar collectors on existing structures shall be exempt from lot coverage and setback provisions.
(D)
Height Limit. The allowable height of a structure is determined by a plane which parallels the topography of the site at the height limit established for each zone district, subject to exceptions for increased setbacks, discretionary design review, and certain exempt architectural elements. Excavations within the building perimeter do not lower the allowable height plane.
(1)
A topographic map must be a part of each project submittal, unless determined to be unnecessary by the Planning Director, or their designee. The map must be prepared by a civil engineer, licensed surveyor, or architect. The plans must show the finish floor elevation at each floor and must show spot elevations at the high and low exterior grade elevations and the highest point of the building elevations.
(2)
Prior to foundation inspection approval, the required spot elevations shown on the approved plans must be verified by a civil engineer, licensed surveyor, or architect, unless determined by the Building Official to be unnecessary.
(3)
Height Exceptions. Chimneys, church spires and steeples, water tanks, cooling towers, elevators, flagpoles, monuments, noncommercial radio and television antennas, fire towers, and similar structures not used for human habitation and not covering more than 10 percent of the ground area covered by the structure may be erected to a height of not more than 25 feet above the height limit allowed in any district. Parapets (a low screen or barrier wall) for nonresidential buildings located at least five feet from the edge of any exterior wall that are constructed for the purpose of screening mechanical equipment or other building features may exceed the height limit by up to three and one-half feet. Firewall parapets for non-residential buildings that are upward extensions of an exterior wall and are required by the building code for fire safety purposes may exceed the height limit by up to three feet. Utility and commercial poles and towers may not be subject to the height limits prescribed in the district regulations. Height limits on wind-powered generators shall be as established in Chapter 12.24 SCCC. Noncommercial radio and television towers or freestanding antennas may exceed the height limit allowed in any zone district by 25 feet with administrative use permit use approval. Flat plate solar collectors on existing structures shall be permitted to exceed height restrictions by four feet.
(E)
Maximum Allowed Floor Area. For zone districts subject to a maximum floor area ratio (FAR), calculate maximum allowable floor area (square feet) as follows: multiply maximum allowed FAR (percentage) by gross site area (square feet), excluding any coastal bluffs, beaches, and land seaward of the mean high tide line of Monterey Bay. See definition of "floor area ratio" and related definitions in SCCC § 13.10.700.
(F)
Maximum Allowed Lot Coverage. For zone districts subject to a maximum lot coverage percentage, calculate maximum lot coverage (square feet) as follows: multiply maximum allowed lot coverage (percentage) by gross site area (square feet), excluding any coastal bluffs, beaches, and land seaward of the mean high tide line of Monterey Bay.
(G)
Plan Lines. Where a plan line has been adopted, the required yards on the street side shall be measured from the plan line. In no case shall the provisions of this chapter be construed as permitting any structure to extend beyond such plan line. However, where a plan line or street widening has reduced the depth or the width of a site to less than the minimum required depth or width, the front yard may be reduced by the amount that the site depth was reduced, but in no case to less than 10 feet. The side yard adjoining the street may be reduced by the amount that the site width was reduced, but in no case to less than five feet.
(H)
Minimum Parcel Sizes and Maximum Density. Minimum parcel size and maximum density requirements of the General Plan and Local Coastal Program Land Use Plan shall be met based on the land use designation, Appendix G of the General Plan and Local Coastal Program Land Use Plan, and Chapter 13.14 SCCC.
(I)
Reductions in the Front Setback to Protect the Environment or Public Safety.
(1)
Up to a 25 percent reduction in the required setback established by the zone district for front yards or other yards fronting on a street or vehicular right-of-way may be allowed, subject to review and approval by the Planning Director with a minor site development permit, for any of the following purposes:
(a)
To minimize grading on steep lots;
(b)
To protect environmentally sensitive resources such as significant trees or sensitive habitats such as riparian corridors; or
(c)
To facilitate conformance with regulations for geologic hazards (Chapter 16.10 SCCC).
(2)
In addition to the findings required in SCCC § 18.10.230 for discretionary approvals, the following additional findings shall be required:
(a)
The reduced setback would result in an environmentally superior outcome or improved public safety, either by minimizing grading, affording better protection to an environmentally sensitive habitat or resource, or resulting in greater conformance with geologic hazard regulations; and
(b)
The proposed project shall not unreasonably infringe on adequate light, air, or privacy of adjacent residential property.
(Ord. 3432 § 1, 1983; Ord. 3524 § 1, 1984; Ord. 3593 §§ 12, 13, 1984; Ord. 4119 § 8, 1991; Ord. 4122 § 8, 1991; Ord. 4159 § 5, 1991; Ord. 4194 § 3, 1992; Ord. 4346 § 30, 1994; Ord. 4496-C § 40, 1998; Ord. 4525 § 8, 1998; Ord. 5087 §§ 5, 6, 7, 2011; Ord. 5181 § 3, 2014; Ord. 5423 § 21, 2022)
13.10.520 Site frontage.
(A)
Minimum Frontage on a Cul-De-Sac. On a cul-de-sac or a curved street with a radius of curvature of 200 feet or less, a site may have a frontage of not less than 40 feet in any zone district, unless a lesser frontage is allowed in the zone district.
(B)
Corridor Access Lots. A corridor access lot shall be permitted in any district. The corridor shall have a frontage and width of not less than 20 feet, and a length not to exceed 150 feet; the area of the access corridor shall not be included in the determination of site area.
(Ord. 3432 § 1, 1983; Ord. 4836 § 97, 2006; Ord. 5423 § 21, 2022)
13.10.521 Site access.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983; Ord. 4836 § 98, 2006; Ord. 4921 § 12, 2008)
13.10.525 Regulations for fences, walls and retaining walls within required yards.
(A)
The purposes of fence and/or retaining wall regulations are:
(1)
To provide for privacy screening of yard areas.
(2)
To ensure adequate light and air for the street area and abutting properties.
(3)
To preserve a harmonious and compatible street front appearance.
(4)
To ensure adequate visibility of vehicles entering the street from driveways, adequate sight distance from such vehicles, and adequate sight distance at street corners.
(B)
The height of fences and/or retaining walls is determined as follows:
(1)
By measuring the exposed face of the fence and/or wall at its tallest point, from finished grade at the base, to the top of the fence and/or wall.
(2)
Where a parcel slopes down from a public or private right-of-way, the height of a fence or retaining wall shall be measured from the curb or edge of shoulder nearest the fence or retaining wall to the top of the fence and/or wall.
(C)
Maximum Fence and Retaining Wall Heights.
(1)
Fence Location and Height Table. Except as provided in subsection (D) of this section, the following table provides maximum fence height within front, side, and rear yard setback areas:
Table 13.10.525-1: Fence Location and Height | ||||
|---|---|---|---|---|
Property and Fence Location | Maximum Height without Permit1,2 | Required Distance from Edge of Vehicle Lane or Shoulder | Maximum Height with Over-Height Fence Certification1,2 | Required Distance from Edge of Vehicle Lane or Shoulder with Over-Height Fence Certification |
Front Yard inside Urban Services Line (USL) and Rural Services Line (RSL) | 3 feet | 3 feet | 6 feet | See SCCC § 13.16.093, Sight distance. |
Front Yard outside USL and RSL | 3 feet | 3 feet | 8 feet | See SCCC § 13.16.093, Sight distance. |
Side/Rear Yard Abutting on a Street | 6 feet | See SCCC § 13.16.093, Sight distance. | 8 feet if fence is set at least 5 feet back from property line | See SCCC § 13.16.093, Sight distance. |
Side/Rear Yard Not Abutting on a Street | 8 feet | See SCCC § 13.16.093, Sight distance. | N/A | N/A |
1. See subsection (D) of this section for exceptions to maximum fence, wall and retaining walls, including over-height fence/wall certification requirements (see subsection (E). |
2. In the Coastal Zone, a coastal development permit will be required for all fence and retaining wall development unless it is exempt or excluded from coastal development permit requirements pursuant to SCCC § 13.20.060 or § 13.20.070. |
(D)
Exceptions to Maximum Fence Height Requirements.
(1)
Within sight distance triangles, maximum structure height is three feet (see SCCC § 13.16.093).
(2)
On steep slopes, open safety railings up to 42 inches in height are allowed as provided in SCCC § 13.10.323(E)(5)(a).
(3)
Walkway fence openings, with or without gates, may have associated archways/trellises/pergolas up to a maximum height of eight feet without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Archways/trellises/pergolas may not make up more than 25% of the length of the fence along a given property line without an administrative site development permit. Notwithstanding the above exceptions for discretionary approval and development permits, in the Coastal Zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to SCCC § 13.20.060 or § 13.20.070.
(4)
Open architectural, decorative, and ornamental features such as lattice may exceed the given maximum fence heights by no more than six inches without a discretionary approval, except in corner sight clearance triangles, where no fence or retaining wall shall exceed three feet in height. Open means that no more than 50% of the feature may be opaque. Notwithstanding the above exceptions for discretionary approval and development permits, in the Coastal Zone all such archways/trellises/pergolas shall require a coastal development permit unless exempt from coastal development permit requirements pursuant to SCCC § 13.20.060 or § 13.20.070.
(5)
Fencing for Agricultural Uses in Agricultural Zone Districts.
(a)
Permanent Fencing. In agricultural zone districts, fencing for agricultural purposes may have heights up to six feet in all yards; provided, that such fencing is: (i) six feet or less in height; and (ii) made of wire that is spaced a minimum of one inch apart, supported with wood or metal posts, or made of wooden members which are spaced a minimum of eight inches apart. Fencing meeting these criteria shall be exempt from requiring a discretionary permit unless such fencing is located on property adjacent to Highway 1, in which case a minor site development permit is required. Agricultural fencing located within a corner sight clearance triangle shall be a maximum of three feet in height. Hedgerows or other living fences are allowed in agricultural zone districts and are not subject to fencing regulations. Vegetative screening of fences is encouraged where feasible.
Agricultural fencing exceeding six feet in height requires an over-height fence certification pursuant to subsection (E) of this section, and is limited to a maximum height of eight feet. Agricultural fencing exceeding eight feet requires an administrative site development permit, pursuant to Chapter 18.10 SCCC.
In addition to the requirements of this section, agricultural fencing within or adjacent to sensitive habitats is subject to regulations in SCCC Title 16, Environmental and Resource Protection. In the Coastal Zone, a coastal development permit will be required for all such fencing unless it is excluded from coastal development permit requirements pursuant to SCCC § 13.20.060 or § 13.20.070.
(b)
Temporary Fencing. Where permanent agricultural fencing is not feasible but temporary fencing is necessary for an agricultural use, for purposes such as dust control, animal control, food safety, windbreaks, farmworker protection, and trespass prevention, temporary fencing consistent with the criteria below is allowed without discretionary permit approval:
(i)
Height. Temporary fence heights shall not exceed four feet in required yards abutting a street and six feet in other required yards, and shall meet the sight distance requirements in SCCC § 13.16.093.
(ii)
Materials and Construction. Temporary fencing may be solid in appearance, consisting either of woven material or other fabric installed at the interior of an existing permanent fence, or as a separate temporary fence structure consisting of woven material or other fabric supported by wood or metal stakes.
(iii)
Duration. Temporary fencing is allowed for time periods not to exceed nine months in one year, and for no more than two years within any five-year period.
(iv)
Maintenance. Temporary fencing shall be repaired, replaced, or removed when torn or degraded; and shall be maintained free of graffiti and litter.
(c)
Extended Temporary Fencing in Agricultural Zone Districts. When there is a demonstrated need for dust and contamination control, fencing exceeding the height or time limits provided above for temporary fencing, a minor site development permit is required. The permit application review process may require submittal of the fence design, sample materials, photographs of the surrounding properties, documentation supporting the need for the proposed fence, and the proposed extended duration for the temporary fence. Any approved extended temporary fencing shall be maintained in accordance with subsection (D)(4)(b)(iv) of this section. The fence height shall be limited to the minimum necessary to support the agricultural use and shall meet sight distance height requirements in SCCC § 13.16.093. The permit may specify fence materials and design, require vegetative screening, or include other conditions as needed to comply with the following findings for approval of the agricultural fence permit for an extended temporary fence:
(i)
The applicant has a demonstrated need for fencing related to an agricultural use that cannot be accommodated by permanent agricultural fencing or temporary fencing as described in subsections (D)(4)(a) and (D)(4)(b) of this section;
(ii)
The fence height, materials, colors, and any proposed vegetative screening are visually compatible with the agricultural character of the community, minimize impacts on significant public vistas, and preserve public ocean vistas to the greatest extent feasible; and
(iii)
The fence material is of woven or fabric construction, or other suitable material.
(E)
Over-Height Fence Certification. An over-height fence certification for fence height up to eight feet may be issued with a minor site development permit with findings as provided by SCCC § 18.10.230(A) and, if in the Coastal Zone, the finding that the subject development will not adversely impact public views and scenic character. Fence height greater than eight feet requires an administrative site development permit.
(Ord. 3432 § 1, 1983; Ord. 3632 § 15, 1985; Ord. 4035 § 2, 1989; Ord. 4098 § 1, 1990; Ord. 4496-C § 41, 1998; Ord. 4836 § 99, 2006; Ord. 4921 § 13, 2008; Ord. 5095 § 2, 2011; Ord. 5115 § 2, 2012; Ord. 5124 § 2, 2012; Ord. 5423 § 21, 2022; Ord. 5487, 6/10/2025)
13.10.530 Merger of contiguous parcels.
Repealed by Ords. 5425 and 3524.
(Ord. 3432 § 1, 1983)
13.10.550 Off-street parking and loading facility regulations.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983)
13.10.551 Off-street parking facilities required.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983; Ord. 3748 § 1, 1986; Ord. 4771 § 4, 2004; Ord. 4850 § 3, 2007; Ord. 5119 § 26, 2012)
13.10.552 Schedule of off-street parking space requirements.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983; Ord. 3748 § 2, 1986; Ord. 4496-C §§ 42, 43, 1998; Ord. 4642 § 2, 2001; Ord. 4723 § 3, 2003; Ord. 4786 § 3, 2005; Ord. 4836 § 100, 2006; Ord. 5061 § 14, 2009; Ord. 5083 § 2, 2010; Ord. 5119 §§ 27, 28, 2012; Ord. 5171 § 5, 2014; Ord. 5239 §§ 7, 13, 2017; Ord. 5264 § 9, 2018; Ord. 5265 § 8, 2018; Ord. 5305 § 8, 2019; Ord. 5325 § 19, 2020; Ord. 5326 § 19, 2020)
13.10.553 Alternate parking requirements.
Repealed by Ord. 5425.
(Ord. 3748 § 3, 1986; Ord. 3756 § 3, 1986; Ord. 3843 § 5, 1987; Ord. 4496-C § 44, 1998; Ord. 4786 § 4, 2005; Ord. 4836 § 101, 2006; Ord. 5119 §§ 29–31, 2012)
13.10.554 Standards of off-street parking facilities.
Repealed by Ord. 5425.
(Formerly 13.10.553; Ord. 3432 § 1, 1983; Ord. 3748 §§ 3–6, 1986; Ord. 4496-C §§ 45–49, 1998; Ord. 4642 § 3, 2001; Ord. 4786 § 5, 2005; Ord. 5264 § 10, 2018; Ord. 5265 § 9, 2018)
13.10.555 Location of off-street parking facilities.
Repealed by Ord. 5425.
(Formerly 13.10.554; Ord. 3432 § 1, 1983; Ord. 3748 §§ 3, 7, 1986; Ord. 4195 § 1, 1992; Ord. 4346 §§ 31, 32, 1994)
13.10.556 Outdoor storage of personal property and materials.
(A)
No portion of any undeveloped or vacant site and, for any developed residential parcel, no portion of any front yard or any required side yard setback, or any required rear yard of corner or double frontage lots shall be used for the storage of any of the following:
(1)
Building or construction materials, except those materials, bins, and dumpsters reasonably required for work under construction on the premises pursuant to a valid and effective building permit.
(2)
Storage of construction or commercial equipment, machinery, chemicals, or materials.
(3)
Inoperative vehicles or parts thereof.
(4)
Household appliances, equipment, machinery, furniture, salvage materials, or boxes.
(B)
Items and materials identified in subsection (A) of this section may be stored in rear yards, provided such is screened from public view or stored within an approved storage structure constructed in accordance with applicable building and zoning regulations.
(C)
Outdoor storage of firewood on residential parcels shall comply with locational standards provided in subsections (A) and (B) of this section, excepting the initial delivery of firewood prior to storage. Firewood may be stored on residential parcels solely for use on the premises, shall be limited to no more than five cords of wood at any one time, and shall be stacked no higher than six feet. One cord is 128 cubic feet of firewood, equivalent to a stack that is four feet in height, four feet in width, and eight feet in length. A commercial firewood operation, where wood is cut, processed and/or stored for sale to the public, is not permitted on residential parcels.
(D)
Operative vehicles in excess of those allowed in the front yard pursuant to SCCC § 13.16.060(H) must be parked in side or rear yards; provided, that the vehicle is screened from public view or stored within an approved structure constructed with the required building and zoning permits. Only one recreational vehicle or travel trailer may be stored on a property, pursuant to SCCC § 13.10.683(I).
(Ord. 4338 § 1, 1994; Ord. 4496-C § 50, 1998; Ord. 5061 § 15, 2009; Ord. 5423 § 21, 2022)
13.10.560 Bicycle parking provisions.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983; Ord. 3748 § 8, 1986)
13.10.570 Off-street loading facilities required.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983)
13.10.571 Standards for and location of off-street loading facilities.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983)
13.10.575 Existing uses.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983)
13.10.576 Reduction of off-street parking and loading facilities.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983; Ord. 3843 § 6, 1987)
13.10.577 Designation of off-site loading facilities.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983; Ord. 4195 § 2, 1992)
13.10.578 Off-street parking and off-street loading.
Repealed by Ord. 5425.
(Ord. 3432 § 1, 1983; Ord. 3748 § 9, 1986)
13.10.580 Signs in Residential and Agricultural Zone Districts.
No signs or outdoor advertising structure or display of any kind shall be permitted in the R-1, RB, RR, RA, RM, RF, A, AP, or CA Districts except the following:
(A)
One nonilluminated sign or nameplate not larger than one square foot in area pertaining to a home occupation.
(B)
One nonilluminated sign not larger than six square feet in area pertaining to the sale, lease, rental, or display of a structure or land.
(C)
One identification or informational sign, not directly illuminated, not larger than 12 square feet in area. If located on the site of a new discretionary use, such sign shall be included in the development permit for said use. No such sign shall be established on the site of a non-discretionary use without a zoning clearance. All identification or information signs, whether discretionary or permitted, shall be consistent with SCCC § 13.10.581(D) through (J).
(D)
One or two nonilluminated signs, single- or double-faced, with a total area not larger than 50 square feet, pertaining to the sale of subdivision lots and included in the permit for said subdivision.
(Ord. 3432 § 1, 1983; Ord. 5423 § 21, 2022)
13.10.581 Signs in C, CT, VA, PA, PF and M Districts.
(A)
No sign, outdoor advertising structure or display of any kind shall be permitted except the following:
(1)
One business or identification sign and one small pedestrian-oriented sign per site as provided below.
(2)
Signs pertaining to a use conducted on the site, with aggregate areas according to the following table:
Table 13.10.581-1: Total Sign Area Allowed (Includes All Signs Displayed) | |
|---|---|
Basis for Calculation | Total Sign Area1 Allowed |
Front width of building on an interior lot; or Front width plus street side width of building on a corner lot | 1/2 square foot (72 square inches) of sign area per foot of building width |
Width of site along the street (interior or corner lot) | 1/4 square foot (36 square inches) of sign area per foot of site width |
Maximum allowable area on an interior lot less than 40 feet wide at the street | 20 square feet |
Maximum allowable area on other lots | 50 square feet |
1. "Sign area" is defined as: The area within a well-defined border; or the area of one side of a double-sided sign; or, on a sign with no defined border, the area within the perimeter which encloses the letters, symbols, or logo. |
(3)
Direction signs for off-street parking and loading facilities not exceeding four square feet.
(4)
One sign pertaining to the sale, lease, rental, or display of a structure or land, not exceeding six square feet.
(5)
Up to two gas station price displays, limited to numerals, business logo, and discount information required by California Business and Professions Code Sections 13530 through 13540.
(B)
Permanent and temporary window signs are each limited to a maximum of 20 percent of the window area of the building. Temporary window signs not displayed for more than two weeks are not included in the total sign size limitation.
(C)
Signs directly across the street from a residential zone district shall be limited to 30 square feet in area and shall not be directly illuminated or flashing.
(D)
A freestanding sign detached from a building shall be of a design consistent with the architectural character of the building and shall be designed as an integral part of the landscaped area. Freestanding signs shall not exceed seven feet in height, measured from the existing grade at the edge of the road. Where on-street parking limits the visibility of freestanding signs, such signs may be erected to a maximum height of 12 feet, measured from the existing grade at the edge of the road.
(E)
Signs located on a wall or on a roof fascia shall be designed as an integral part of the building design. Building signs shall be located on or below the upper line of the roof fascia.
(F)
Signs and supports shall be set back a minimum of five feet from the edge of the right-of-way or roadway, whichever is greater, and shall not obstruct vehicular sight distance or pedestrian/bicycle circulation.
(G)
No sign other than a directional sign shall project more than 12 inches into a required rear yard or required interior side yard.
(H)
Visibility of signs within a scenic corridor shall be minimized by the use of appropriate material, size, location, and orientation. No illuminated signs shall be permitted within a scenic corridor.
(I)
Where sign lighting is permitted, only indirect illumination or low-intensity interior illumination shall be used. It is preferred that lighted signs be designed with light-colored translucent letters and logos, on a semi-opaque dark background. Any permitted sign lighting shall be unobtrusive to adjacent properties and any glare shall be directed onto the site.
(J)
Moving signs, flags, banners, sandwich board signs or flashing signs shall not be permitted.
(K)
Shopping Centers.
(1)
A sign program shall be developed for any shopping center or any group of business uses with shared sign facilities. The program shall include a name sign containing the name of the center, a directory sign either separate or combined with the name sign, and one small pedestrian-oriented sign for each shop. The sign program shall specify sign designs, dimensions, materials, colors, lighting, if any, and placement.
(2)
The total area of the center's name sign(s) and directory sign shall not exceed 50 square feet. The area of each individual shop sign shall not exceed one-half square foot per foot of building width measured across the front of the building, and shall not exceed a maximum of 18 square feet, whichever is smaller.
(Ord. 3432 § 1, 1983; Ord. 4346 § 33, 1994; Ord. 5202 § 2, 2015; Ord. 5423 § 21, 2022)
13.10.582 Signs in the PR District.
(A)
No signs or outdoor advertising structure or display of any kind shall be permitted in the PR District except the following:
(1)
One identification sign, not directly illuminated, not larger than 12 square feet in area, located on the site of the use and included in the permit for said use.
(2)
Direction signs for off-street parking or other facilities not exceeding four square feet.
(B)
Sign design in the PR District shall follow SCCC § 13.10.581(D) through (F), commercial signs.
(Ord. 3432 § 1, 1983; Ord. 5423 § 21, 2022)
13.10.583 Temporary signs in all districts.
(A)
Temporary signs, not including political signs, that are to be used in conjunction with a special event or an approved temporary use are permitted subject to the following restrictions.
(1)
Maximum sign area permitted shall be six square feet in a residential zone district and 18 square feet in all other zone districts.
(2)
Temporary signs shall not be placed so as to constitute a traffic hazard.
(3)
Temporary signs shall be removed not more than 10 days after the special event or temporary use to which they refer.
(B)
Political signs are allowed without restriction; provided, that they shall not be placed so as to constitute a traffic hazard and that they shall be removed not more than 10 days after the election to which they refer.
(Ord. 3432 § 1, 1983; Ord. 4228 § 1, 1992; Ord. 5423 § 21, 2022)
13.10.584 Directional signs.
(A)
Regardless of any other provision of this chapter to the contrary, directional and informational signs of a public or quasi-public nature, including signs identifying specific village areas and signs giving directions to properties not situated adjacent to the street from which such signs are visible, are allowed with a use permit; provided, that no individual sign shall be larger than 12 inches by 42 inches and no individual village directional sign shall be larger than 12 square feet. Such signs shall contain only the name of the use with an appropriate arrow indicating the direction.
(B)
No sign established under the provisions of this section shall be illuminated by artificial light which is not maintained stationary and constant in intensity and color at all times when in use.
(C)
It is the intent of these regulations to discourage indiscriminate placing of signs along the public highways and streets of this County and to encourage the joint use of single structures upon which signs may be displayed. Multiple use of a single structure to display signs is allowed with one use permit; provided, that where one structure is used to display multiple signs, the outside dimensions of the structure shall not exceed 10 feet by 10 feet and shall be designed so as not to obstruct traffic visibility.
(D)
Temporary off-site directional signs of a larger size shall be permitted for seasonal produce sales, subject to securing a use permit. The signs shall only be permitted for direct sale to the public of produce grown on the same site. The information on the signs shall be limited to the type of produce, the farm name, and the directions to the farm site. Individual signs shall not exceed 16 square feet in area.
(Ord. 3432 § 1, 1983; Ord. 5423 § 21, 2022)
13.10.585 Nonconforming signs.
Owners of nonconforming signs, except those signs which have been designated as historic resources pursuant to Chapter 16.42 SCCC, shall have the following times within which to remove, alter, or otherwise make such signs conform to this chapter:
(A)
Except as otherwise provided, all signs shall be removed, altered, or otherwise made to comply with this chapter on or before January 1, 1981, except that any sign, other than a portable sign, which was installed or maintained pursuant to a use permit or planned development permit issued since September 20, 1974, shall be removed, altered, or otherwise made to conform to this chapter by December 31, 1985, unless a variance is obtained under the provisions of SCCC § 13.10.230.
(B)
Portable signs, sandwich boards, movable freestanding signs, tire stacks, window signs, wind signs, signs painted on buildings, walls, or fences, rotating or flashing signs, and all signs of less than $100.00 in replacement value shall be removed, altered, or otherwise made to comply with this chapter within 30 days after the effective date of the ordinance codified in this section. "Portable sign" includes, but is not limited to, any sign, banner, pennant, valance, or advertising display constructed of cloth, canvas, light fabric or plastic, cardboard, wallboard, or other light material, with or without a frame.
(C)
Signs appurtenant to any use shall be removed within 30 days of the discontinuance of said use.
(D)
Failure to remove, alter, or otherwise make a nonconforming sign conform to the requirements of this chapter within the time allowed shall be deemed a violation of this chapter and a public nuisance subject to abatement in accordance with Chapter 1.14 SCCC. The owner of the land on which a sign is displayed shall be held responsible for rendering such a sign conforming.
(Ord. 3432 § 1, 1983; Ord. 3927 § 6, 1988; Ord. 4496-C § 51, 1998; Ord. 5423 § 21, 2022)
13.10.586 Historic identification plaques.
Regardless of any other provision of this chapter to the contrary, nonilluminated historic identification plaques as approved by the Historic Resources Commission not exceeding two square feet in size are permitted to be installed on structures designated as historic resources pursuant to Chapter 16.42 SCCC.
(Ord. 3927 § 7, 1988; Ord. 5423 § 21, 2022)
13.10.587 Sign exceptions.
(A)
In any district, exceptions to any applicable ordinance standards for a sign, sign program, temporary sign, or directional sign may be considered for approval where warranted by site-specific circumstances such as restricted visibility, distance from thoroughfare, location on a corner, unusually large structure, or historic preservation concerns.
(B)
Sign exceptions shall meet the following criteria:
(1)
The exception shall vary from sign standards in the Santa Cruz County Code only to the extent necessary and appropriate to address site-specific circumstances.
(2)
The signage is architecturally and aesthetically compatible with the surrounding neighborhood, environmental setting, and associated buildings; does not create or contribute to visual clutter, does not adversely impact coastal visual resources, is consistent with the Local Coastal Program, and, if lighted, avoids undue incidental illumination away from the signage.
(3)
If the exception proposes illumination of a sign visible from a scenic road, the sign shall be only for State and County directional and information signs or for a sign situated within a commercial or visitor serving area.
(C)
Processing of Sign Exceptions.
(1)
A sign exception shall be processed as an administrative permit with public notice, in accordance with noticing and appeal procedures set forth in SCCC Title 18, except that the following proposals shall require a public hearing by the Zoning Administrator:
(a)
Any proposed exception to establish more than three business/identification signs, or more than three small pedestrian-oriented business/identification signs, or any combination of general and pedestrian-oriented business/identification signs exceeding four.
(b)
Any proposed exception that would exceed by more than 50 square feet either the maximum aggregate sign area established by SCCC § 13.10.581(A) or the maximum area for directory signs established by SCCC § 13.10.581(K)(2).
(Ord. 5202 § 3, 2015; Ord. 5423 § 21, 2022)
13.10.591 Trip reduction requirements for development projects to be occupied by 50 or more employees.
Repealed by Ord. 5425.
(Ord. 4314 § 7, 1994)
13.10.592 Trip reduction requirements for residential development projects of 25 or more housing units.
Repealed by Ord. 5425.
(Ord. 4314 § 7, 1994)
13.10.700 Definitions.
For the purposes of this chapter certain terms used herein are defined as follows:
(A)
All words in the present tense shall include the future tense. All words in the singular number shall include the plural number and all words in the plural number shall include the singular number, unless the natural construction of the wording indicates otherwise. The word "shall" is mandatory and not directory.
(B)
All terms used in this chapter shall be as defined in the General Plan, including the Local Coastal Program Land Use Plan glossaries, except as noted in this chapter.
(C)
The definitions in this section apply only to Chapter 13.10 SCCC, unless explicitly referenced in other chapters of the SCCC.
(Ord. 3432 § 1, 1983; Ord. 5423 § 37, 2022)
13.10.700-A "A" definitions.
"A"
means the Agricultural Zone District (SCCC § 13.10.310).
"Abutting, adjoining, adjacent"
means touching the subject parcel and not separated from the subject parcel by a road, street, or other property.
Accessory.
See "Use, accessory."
"Accessory dwelling unit" or "ADU"
means, in compliance with California Government Code Section 65852.2, an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for living, sleeping, eating, cooking (area meeting the definition of "kitchen"), and sanitation. See also "junior accessory dwelling unit," "conversion ADU," and "new construction ADU."
Administrative Permit.
See SCCC § 18.10.015.
Administrative Site Development Permit.
See SCCC § 18.10.015: "Site development permit."
Administrative Use Permit.
See SCCC § 18.10.015: "Use permit."
"Affordable housing"
means housing capable of purchase or rental by a person with average or below average income, as determined periodically by the U.S. Department of Housing and Urban Development based on the median household income for Santa Cruz County.
"Affordable rental farmworker housing project," "ARFH project," or "affordable project"
means a subsidized, rent-restricted, multifamily rental housing development of more than 12 units developed by a nonprofit housing provider for lower-income farmworker households, pursuant to the Development Reserve established in the General Plan, and SCCC § 13.10.631(G).
"Agricultural employee"
means an employee engaged in agriculture, which includes farming in all its branches, including but not limited to the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, furbearing animals, or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market, as further defined in California Labor Code Section 1140.4(b). "Agricultural employee" also means farm worker, farmworker, or farm laborer. "Agricultural employee" does not include persons engaged in household domestic service, or certain employees of religious or charitable entities listed in Section 17005(b) and (c) of the California Employee Housing Act. Agricultural employees earn their primary income through permanent or seasonal agricultural labor.
Agricultural employee housing.
See "Farmworker housing."
"Agricultural employer"
means one engaged in agriculture who employs employees, as further defined in Labor Code Section 1140.4(c).
"Agricultural lands, Types 1, 2, and 3"
means agricultural land type designations applied pursuant to a County classified system as established in SCCC § 16.50.030 and § 16.50.040.
"Agricultural Policy Advisory Commission"
means an advisory commission created pursuant to Chapter 16.50 SCCC to advise the Board of Supervisors and Planning Commission on policy matters related to agricultural uses.
"Agricultural preserve"
means a contract between a landowner and Santa Cruz County establishing that certain land will be used only for agricultural purposes for a minimum of 10 years. The 10-year period is renewed every year. In recognition of this land use restriction, the landowner may receive preferential taxation on that land.
"Agricultural processing"
means the handling, processing, canning, packing, packaging, storing, refrigeration, or shipping of agricultural commodities produced primarily in Santa Cruz County as provided by SCCC § 13.10.632(B)(1). Does not include processing of animal products, lumber products, or non-agricultural commodities. Does not include routine harvesting and related handling activities incidental to agriculture.
"Agricultural service establishment"
means a business or service for hire engaged in activities to support agricultural production and marketing, such as application of agricultural chemicals, agricultural grading and land leveling, irrigation contracting, harvesting, hauling of produce and other agricultural products, farm equipment/appliance repair, and retail sales of agriculturally related material such as pipes, fertilizer, pesticides and other pest control supplies, farm vehicles and appliances, feed, and seed. Does not include manufacturing, plant nurseries, or processing.
"Agricultural use"
means agricultural activities including but not limited to the cultivation and tilling of soil, dairying, the production, cultivation, growing and harvesting of any agricultural commodity such as viticulture, horticulture, apiculture, the raising of livestock and poultry, agricultural processing, and other practices ancillary to a farming operation such as delivery to storage or market, and delivery to carriers for transport to market, all subject to the policies and regulations, standards, and criteria in the General Plan and SCCC.
"Agricultural use, commercial"
means agricultural uses conducted as a commercial venture for the purpose of achieving a return on investment.
"Agriculture"
means the art or science of cultivating the ground, including the harvesting of crops and the rearing and management of livestock; tillage; husbandry; farming; horticulture.
"Agri-tourism and education"
means visitor-oriented services, events, educational activities, and attractions with an agricultural theme that are conducted in conjunction with on-site agricultural uses. Such uses include but are not limited to farm dinners, educational activities, classes, workshops, tours, mazes, and petting zoos, and do not include weddings.
"Air strip"
means a landing strip for private planes of the property owner, employee, or guest; a noncommercial landing strip.
Alley.
See SCCC § 13.16.020.
Allowed Use.
See "Use, allowed."
"Amusement park"
means a site authorized for outdoor recreation consisting of rides, games of skill, and food concessions.
Ancillary.
See "Use, accessory."
"Ancillary to an agricultural use"
means a use that is compatible with, secondary to, and in support of the main agricultural use of the subject parcel, or where authorized in the Zoning Ordinance for the use, to other parcels in the County owned or leased by the same entity for commercial agricultural use.
"Animal, large"
means a domestic farm animal such as a horse, cow, pig, llama, sheep, or goat.
"Animal, small"
means fowl or a furbearing animal typically raised as outdoor pets or for products such as eggs or meat; includes animals such as poultry, rabbits, or chinchillas. Does not include household pets such as cats or dogs, hamsters, canaries, and aquarium fish.
Approving Body.
See SCCC § 18.10.015.
Appurtenant Use.
See "Use, accessory."
"Aquaculture"
means a form of agriculture as defined in Section 17 of the Fish and Game Code. Aquaculture products are agricultural products, and aquaculture facilities and land uses shall be treated as agricultural facilities and land uses in all planning and permit issuing decisions governed by this division.
"Arable land"
means land which is suitable for the cultivation of crops. Such land usually contains soils with a Natural Resources Conservation Service agricultural capability rating of I through IV and slopes of less than 25 percent.
Assessor's Parcel Map.
See SCCC § 18.10.015.
Assisted Living Facility.
See "Residential care facility for the elderly" and "Continuing care retirement community."
"Attached structure"
means a structure joined by a common wall or floor/ceiling assembly to another structure on the same property.
Attic.
For planning and zoning purposes, an attic is a non-habitable level between the top story of a building and the underside of the roof framing. An attic is not considered a “story” (see definition).
(1)
Allowed features: windows; plywood flooring; unlimited headroom and floor area; one light fixture; water heater and HVAC system along with dedicated outlets as required under the California Building Code; and insulation. If insulation is installed beneath roof rafters, then it must also be installed between the attic and the story below.
(2)
Prohibited features: conditioned space; sheetrock; permanent fixed stairs serving the attic area or direct access from an adjacent habitable area; decks accessed from the attic; electrical outlets other than those required for an HVAC system or water heater; and plumbing fixtures including sinks, toilets, and showers.
"Automobile fueling station"
means a facility limited to retail sales of fuel, motor oil, lubricants, propane, and charging electric vehicles. Such establishments may also include the ancillary sale of travel aides, convenience items, minor automobile accessories, prepackaged food items, and hot or fountain-type beverages.
"Automobile repair shop"
means a structure or portion thereof where automobiles or parts thereof are overhauled, repaired, rebuilt, or reconditioned, including body and fender work, upholstery service or painting.
"Automobile service station"
means an automobile fueling/charging station that provides incidental vehicle repair or tire service. Does not include body repair, painting, or upholstery installation.
"Automotive specialty establishment"
means a business providing specified services not involving repair, tire services, or body work. Examples of automotive specialty establishments include lube, oil change, smog check station, detailing, air conditioning service, batteries, glass installation, sound systems, and accessories.
Automobile Wrecking Yards.
See "Motor vehicle wrecking yard."
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 3769 § 1, 1986; Ord. 4099 § 5, 1990; Ord. 4158 § 5, 1991; Ord. 4159 § 6, 1991; Ord. 4282 § 2, 1993; Ord. 4324A § 2, 1994; Ord. 4495 § 8, 1998; Ord. 4496-C § 59, 1998; Ord. 4836 § 104, 2006; Ord. 5239 § 9, 2017; Ord. 5264 § 14, 2018; Ord. 5265 § 13, 2018; Ord. 5325 § 21, 2020; Ord. 5326 § 21, 2020; Ord. 5413 § 3, 2022; Ord. 5423 § 37, 2022; Ord. 5487, 6/10/2025)
13.10.700-B "B" definitions.
Basement.
For planning and zoning purposes, a basement is a level below the first story of a structure, with at least 50 percent of the basement exterior perimeter wall area below grade, as measured from both existing and finished grade. No more than one wall of a basement may be completely exposed. Basements can include habitable and/or non-habitable space. Basement ceiling height is measured to the underside of the first story floor framing (joists or girders that directly support the floor sheathing). A basement is not considered a story.
"Bath or massage establishment"
means any establishment having a fixed place of business where baths or massages are provided, conducted, carried on, or permitted as a main or primary use.
"Bed and breakfast inn"
means a type of commercial visitor accommodation in which not more than 20 bedrooms are available for short-term rental not to exceed 30 days.
"Bedroom"
means any space in the conditioned (heated) area of a dwelling unit which is 70 square feet and greater in size and which is an exterior room, regardless of whether it is entered through a door, unless it is exempted as one of the following:
(1)
Hall;
(2)
Bathroom;
(3)
Kitchen;
(4)
Living room (maximum of one per dwelling unit);
(5)
Dining room (opening off of the kitchen or living room, maximum one per dwelling unit);
(6)
Family room (opening off of the kitchen or living room, maximum one per dwelling unit);
(7)
Breakfast nook (opening off of the kitchen, maximum of one per dwelling unit); or
(8)
Laundry room.
The Planning Director may grant exceptions, if, in their discretion, a room cannot, by its design, function as a bedroom. |
Beer Manufacturing Facility.
See "Brewery."
"Block"
means the properties abutting on one side of a street between two intersecting or intercepting streets, or between an intersecting or intercepting street and a railroad right-of-way, unsubdivided land, or watercourse.
"Board"
("BOS") means the Board of Supervisors of the County of Santa Cruz.
"Brewery"
means a commercial beer manufacturing facility that produces beer over and above the amount for home consumption, and that is subject to a Type 23 license (small beer manufacturing) or a Type 01 license (large beer manufacturing) by the California Department of Alcoholic Beverage Control. A brewery that includes a restaurant is considered a brewpub, subject to the requirements of the applicable zone district.
"Brewpub"
means a beer manufacturing facility with a restaurant or pub on the premises where beer produced by the manufacturer is served. Additionally, other suppliers' beer as well as wine may be sold to patrons for consumption on the premises. Beer produced by the manufacturer may also be distributed locally or regionally. Brewpubs are subject to Type 01 or Type 23 licenses by the California Department of Alcoholic Beverage Control.
"Buffer"
means a strip of land separating two distinct land uses, such as residential and commercial or residential and agricultural and which acts to soften or reduce the effect of one land use on another. Buffers may include such measures as landscaping, and/or physical barriers, and distance to produce the softening effect.
"Building"
means any permanent structure having a roof supported by columns or by walls and intended for the shelter, housing or enclosure of any person, animal, or property, but not including mobile homes (see SCCC § 13.10.700-M), manufactured homes (see SCCC § 13.10.700-M), commercial modular as defined in the California Health and Safety Code, or any tent, recreational vehicle, or other non-permanent structure. A building is a type of "structure" (see definition).
"Building Official"
means the person appointed by the Planning Director to head the Permit and Inspection Services Section of the Planning Department.
Building Permit.
See SCCC § 18.10.015.
"Building site"
means an area of land occupied by or proposed as a location for a building or for a manufactured or mobile home on a permanent foundation.
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 4119 § 9, 1991; Ord. 4122 § 9, 1991; Ord. 4159 § 6, 1991; Ord. 4346 § 35, 1994; Ord. 4396 § 2, 1995; Ord. 4496-C §§ 60, 61, 1998; Ord. 4836 § 105, 2006; Ord. 5266 § 10, 2018; Ord. 5423 § 37, 2022)
13.10.700-C "C" definitions.
"C-1"
means the Neighborhood Commercial Zone District (SCCC § 13.10.330).
"C-2"
means the Community Commercial Zone District (SCCC § 13.10.330).
"C-3"
means the Workplace Flex Commercial Zone District (SCCC § 13.10.330).
"C-4"
means the Commercial Services Zone District (SCCC § 13.10.330).
"CA"
means the Commercial Agricultural Zone District (SCCC § 13.10.310).
"Campgrounds"
means land or premises which are used or intended to be used, let, or rented for temporary occupancy by campers traveling by automobile or otherwise, or for occupancy by tents or recreational vehicles.
"Camp, organized"
means a site having day and/or overnight use facilities for the purpose of conducting a supervised program which provides educational, spiritual, social, or recreational elements, subject to SCCC § 13.10.689 and § 13.10.692.
"Cannabis cultivation"
means the planting, growing, developing, propagating, harvesting, drying, processing, curing, grading, trimming, packaging, or storage of one or more cannabis plants or any part thereof in any location, indoor or outdoor, including within a fully enclosed and secure building. This definition should be read consistently with the definition for cannabis cultivation set forth in Chapter 7.128 SCCC, to the extent there may be minor differences. Cannabis cultivation is considered by the County of Santa Cruz to be an agricultural activity.
"Cannabis cultivation area"
means the sum of the canopy, immature plant growth area, and the nursery square footage, as applicable.
"Cannabis distribution"
means the activity of transporting cannabis or cannabis products between State-licensed cannabis businesses, and any ancillary activity, such as cannabis flower packaging, pre-roll packaging or labeling products, or storage between transport, that is conducted in association with the distribution activity.
"Cannabis manufacture (commercial)"
means the production, preparation, propagation, or compounding of manufactured cannabis products either directly or indirectly, or by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, at a fixed location including any storage, packaging, or repackaging of cannabis products in conjunction with manufacture.
"Cannabis nursery"
means an operation with a Class N license engaged in activity or activities associated with producing clones, immature plants, and seeds. A cannabis nursery is a type of cultivation activity.
"Cannabis processing"
means all activities associated with the drying, curing, grading, trimming, rolling, storing, packaging, and labeling of non-manufactured cannabis products. Cannabis processing is a type of cultivation activity.
"Canopy"
means the designated area(s) at a licensed premises, except nurseries and processors, that will contain mature cannabis plants at any point in time, as follows:
(1)
Canopy shall be calculated in square feet and measured using clearly identifiable boundaries of all area(s) that will contain mature cannabis plants at any point in time, including all of the space(s) within the boundaries;
(2)
Canopy may be noncontiguous but each unique area included in the total canopy calculation shall be separated by an identifiable boundary that includes, but is not limited to, interior walls, shelves, greenhouse walls, hoop house walls, garden benches, hedgerows, fencing, garden beds, or garden plots; and
(3)
If mature cannabis plants are being cultivated using a shelving system, the surface area of each level shall be included in the total canopy calculation.
"Cat"
means a domestic cat (Felis catus) of either sex, altered or unaltered, that has reached the age of four months.
"Club"
means any association or club activity except one whose chief activity is a service customarily carried on as a business.
"Coastal Zone"
means that portion of the Coastal Zone, as established by the California Coastal Act of 1976 and as it may subsequently be amended, which lies within the unincorporated area of Santa Cruz County.
Coastal Zone Principally Permitted Use.
See "Use, coastal zone principally permitted."
"Cogeneration"
means an energy system that simultaneously produces electricity and useful thermal energy for use in more than one building; including all storage and transmission facilities associated with the energy system.
Commercial Visitor Accommodations.
See "Visitor accommodations, commercial."
"Community event or fundraiser"
means a not-for-profit event with 100 or more guests of a civic, political, public, or educational nature such as a community dinner, festival, or other public gathering, on private residential or agricultural property. Such events may include the collection of fees, donations, or the sale of food or other goods, where the proceeds from the event are provided to a school or nonprofit organization.
"Compatibility analysis"
means an analysis, prepared by a certified forester, of the effect of a proposed use on the long-term management of timber resources on the parcel or parcels for which the use is proposed or which could be affected by the proposed use.
Conditional Site Development Permit.
See "Site development permit."
Conditional Use Permit.
See "Use permit."
Congregate Care Senior Housing.
See "Senior rental housing."
"Continuing care retirement community (CCRC)"
means a type of residential care for the elderly (RCFE) facility that offers a long-term continuing care contract that provides for housing, residential services, and nursing care, usually in one location, and usually for a resident's lifetime. CCRCs are considered a nonresidential land use, as they are care facilities licensed by the California Department of Social Services (DSS), not housing developments which do not require a license from DSS.
"Conversion ADU"
means the conversion of any portion of a legal accessory structure, or any portion of a single-family dwelling, or any garage, for the purpose of creating an accessory dwelling unit (ADU). Conversion ADUs can include demolition and rebuilding of a structure with the same footprint and building envelope. Conversion ADUs can also include additions of up to 150 square feet. Any conversion that exceeds this limit shall be considered a new construction ADU.
Corner Sight Clearance Triangle.
See "Sight distance triangle."
Corridor Access Lot.
See "Lot, corridor access."
"Cottage industry"
means a type of home occupation involving production of food and other hand-crafted products. See also: "Hand-made product fabrication and sale."
"Country club"
means a private club having recreation facilities often including a golf course.
County Design Criteria.
See SCCC § 13.16.020.
Countywide Design Guidelines.
See SCCC § 13.11.030.
"Crop production"
means planting, cultivating, growing, harvesting, and drying of crops such as vegetables, orchard crops, berries, flowers, field crops (hay, grain, hops, seed, turf), vineyards, and dry land farming. Does not include container crops, hoop houses, hydroponics, mushrooms, or other crops grown in structures or nurseries.
"CT"
means the Coastal/Tourist Commercial Zone District.
(Ord. 3432 § 1, 1983; Ord. 3632 § 22, 1985; Ord. 3756 § 4, 1986; Ord. 4159 § 6, 1991; Ord. 4346 § 36, 1994; Ord. 4496-C § 62, 1998; Ord. 4808 §§ 22, 23, 2005; Ord. 4873 § 11, 2007; Ord. 5095 § 3, 2011; Ord. 5115 § 3, 2012; Ord. 5124 § 3, 2012; Ord. 5182 § 12, 2014; Ord. 5239 § 10, 2017; Ord. 5264 § 15, 2018; Ord. 5265 § 14, 2018; Ord. 5272 § 1, 2018; Ord. 5302 § 5, 2019; Ord. 5334 § 8, 2020; Ord. 5336 § 8, 2020; Ord. 5382 § 7, 2021; Ord. 5423 § 37, 2022)
13.10.700-D "D" definitions.
"Day care center"
means a State-licensed commercial facility which provides nonmedical care for children or adults in need of personal services, supervision, or assistance, for periods of less than 24 hours per day.
"Day care home, family"
means a dwelling in which an occupant provides care, protection, and supervision of up to 14 children, for periods of less than 24 hours a day, in accordance with a State license, and which meets the definition and land use regulations for large or small family day care homes as provided in the California Health and Safety Code.
"Density"
means the number of primary dwelling units or the number of people per acre of land or other given land area. Appropriate density ranges are provided for each land use designation in the General Plan and each zone district in the SCCC. In cases where the calculation of density results in a fractional number of units, the total number of units shall be rounded up to the nearest whole unit. This rounding shall apply regardless of whether the fractional number is less than or greater than 0.5. Maximum allowed density is calculated as follows:
(1)
Within the USL/RSL, maximum density is based on gross site area, minus any coastal bluffs, beaches, and all land seaward of the mean high tide line of Monterey Bay.
(2)
Outside the USL/RSL, maximum density is based on net developable site area and the rural density matrix, per Chapter 13.14 SCCC.
(3)
Maximum density on both urban and rural parcels may be restricted by an overriding minimum lot size based on the presence of resources, as provided in the General Plan and SCCC Title 16.
(4)
Where a parcel has multiple designations on the land use map or multiple zone districts on the zoning map, consistency with the General Plan and LCP is met by conforming to the different density limits for the different portions of the property.
(5)
Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) do not count toward density calculations.
"Density bonus"
means the allocation of development rights that allow a parcel to accommodate additional residential units beyond the maximum for which the parcel is zoned, usually in exchange for the provision of affordable unit(s) pursuant to Chapter 17.12 SCCC.
"Department"
means the County Planning Department.
"Depth, front yard" or "depth, parcel" or "depth, site"
means the horizontal distance between the front property line or the edge of the road right-of-way and the rear property line of a site measured along a line midway between the side property lines. The depth of a corridor lot shall be measured from the rear line of the corridor.
"Detached structure"
means a structure that is freestanding or attached to another structure by a breezeway.
"Developable land"
means land which is suitable as a location for structures and which can be improved through normal and conventional means, free of development hazards as defined in SCCC Title 16, and without disruption or significant impact on natural resource areas. The following areas shall not be considered as developable land:
(1)
Public or private rights-of-way designated for vehicle access.
(2)
Lands with slopes greater than 30 percent and geologic hazard areas as described in SCCC § 16.10.080.
(3)
Riparian corridors and riparian buffer zones as described in SCCC § 16.30.040.
(4)
Lakes, marshes, sloughs, wetlands, and other sensitive habitats and buffers as described in Chapter 16.32 SCCC.
(5)
Any other areas unsuitable for development as described in SCCC Title 16.
See also definition of "Site area, net developable." |
"Development"
means, on land, in or under water, the placement or erection of any solid material or structure; discharge or disposal of any dredged material or of any gaseous, liquid, solid, or thermal waste; grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including but not limited to subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility; and the removal or harvesting of major vegetation other than for agricultural purposes, kelp harvesting, and timber operations which are in accordance with a timber harvesting plan submitted pursuant to the provisions of the Z'berg-Nejedly Forest Practice Act of 1973 (commencing with Section 4511).
"Dining establishment"
means a business located in a building that sells food or beverages for immediate consumption. Includes restaurants, coffee shops/cafes, food kiosks, fast food establishments, and specialty food establishments such as bakeries, delicatessens, and ice cream shops. Dining establishments may be located within other land uses such as grocery stores and bars.
"Director"
means the County Planning Director, or their authorized representative, appointed pursuant to law.
Discretionary Permit.
See SCCC § 18.10.015.
"Distillery"
means a commercial manufacturing facility for the production, packaging, bottling, rectifying, and flavoring of distilled spirits. A distillery is subject to a Type 04 license (distilled spirits manufacturer) or other appropriate license by the California Department of Alcoholic Beverage Control. The distillery may also include administrative offices, marketing, tours, public tasting, and wholesale and retail sales of distilled spirits.
"Dog"
means a domestic dog (Canis familiaris) of either sex, altered or unaltered, that has reached the age of four months.
"Drive-in uses"
means all those facilities where:
(1)
Food, goods, or services are dispensed to occupants of automobiles parked in designated spaces without the need to wait in line, including car-service restaurants.
(2)
Nonmechanical maintenance is performed on a vehicle parked in a designated space, usually while a customer remains on the premises, including conveyor type car washes and holding-tank dumping stations.
"Drive-through use"
means any use which provides goods or services to occupants of automobiles at a pick-up station. Drive-through uses at dining establishments are not permitted.
"Duplex"
means a dwelling including two attached dwelling units on one parcel. Duplexes are considered multifamily dwellings in terms of zoning regulations and single-family structures under the building code.
"Dwelling group"
means a group of two or more detached single-family dwelling units occupying a parcel of land in one ownership and having any yard or court in common.
"Dwelling, multifamily"
means a structure containing more than one attached dwelling unit on the same parcel. Multifamily dwelling types include apartments, rental townhomes, and condominiums.
"Dwelling, single-family—attached"
means one dwelling unit on one parcel of land that is attached to another single-family dwelling unit on another parcel of land by a common wall extending from the foundation to the roof at the property line. Common names for attached single-family dwellings include for-sale townhomes and semi-detached units. A single dwelling unit that is attached to a nonresidential structure is considered a single-family dwelling.
"Dwelling, single-family—detached"
means one dwelling unit with open space on all sides.
"Dwelling unit"
means a structure for human habitation providing complete independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation, with interior connection throughout the structure. Automobile trailers, hotels, motels, labor camps, tents, railroad cars, and temporary structures shall not be deemed dwelling units. Primary dwelling units may be associated with "accessory dwelling units (ADUs)" or "junior accessory dwelling units (JADUs)" (see definitions). A primary dwelling unit may include one "kitchen" and one "efficiency kitchen" (see definitions). If a primary dwelling unit includes a JADU, then an additional efficiency kitchen outside the JADU is not allowed. A tiny home on wheels, as defined in SCCC § 13.10.700-T, may be used as a dwelling unit.
Dwelling Unit, Accessory.
See "accessory dwelling unit (ADU)" and "junior accessory dwelling unit (JADU)."
(Ord. 3432 § 1, 1983; Ord. 3632 § 23, 1985; Ord. 3682 § 1, 1985; Ord. 4099 § 5, 1990; Ord. 4426 § 3, 1996; Ord. 4518-C § 1, 1999; Ord. 4737 § 3, 2003; Ord. 4808 § 24, 2005; Ord. 5264 § 16, 2018; Ord. 5265 § 15, 2018; Ord. 5286 § 9, 2018; Res. 79-2019, 2019; Ord. 5305 § 9, 2019; Ord. 5325 § 22, 2020; Ord. 5326 § 22, 2020; Ord. 5413 § 4, 2022; Ord. 5423 § 37, 2022; Ord. 5487, 6/10/2025)
13.10.700-E "E" definitions.
Efficiency Kitchen.
See "Kitchen, efficiency."
"Electric vehicle charging station"
means equipment that connects an electric vehicle to a source of electricity for the purpose of recharging. Electric vehicle charging stations may be stand-alone or co-located with automobile fueling stations.
"Emergency shelter"
means housing with minimal supportive services for homeless persons that is limited to nighttime occupancy by clients.
"Energy facility"
means any public or private processing, producing, generating, storing, transmitting, or recovering facility for electricity, natural gas, petroleum, coal, or other energy resource; excluding solar energy systems (refer to SCCC § 13.10.700-S), wind energy conversion systems (refer to SCCC § 13.10.700-W), and cogeneration (refer to SCCC § 13.10.700-C).
Environmental Clearance.
See SCCC § 18.10.015.
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 5083 § 3, 2010; Ord. 5325 § 25, 2020; Ord. 5326 § 25, 2020; Ord. 5423 § 37, 2022)
13.10.700-F "F" definitions.
"Farmstay" or "farmstay/homestay"
means a food and lodging facility operated in the principal residence, second unit, habitable accessory structure, or dwelling group of a farm. The host farm must meet the definition of a farm in California Food and Agriculture Code Section 52262 and generate its primary farm income through agricultural production. Food service is incidental to the farmstay.
"Farmworker housing"
means employee housing for agricultural employees, or any other type of farmworker housing project authorized by SCCC § 13.10.631, as further defined therein.
"Feasible"
means capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, and technological factors.
"Fence"
means any construction of wood, metal, plastic, earth, or other materials obstructing the clear view, but not including a structure as defined herein or a hedge.
"Floor area, gross"
(or "floor area") means all covered and enclosed habitable and non-habitable floor area with a floor-to-ceiling height equal to or greater than seven feet zero inches, measured from exterior faces of exterior walls. Gross floor area calculations shall consider the following:
(1)
"Covered and enclosed"
for the purposes of this calculation means having a roof and four walls.
(2)
In spaces with exposed structural beams, floor-to-ceiling height is measured from the floor to the underside of rafters or beams (not including collar ties).
(3)
In spaces with varying floor-to-ceiling height (such as attics), only portions of the space where floor-to-ceiling height is at least seven feet zero inches are counted.
(4)
Residential spaces with ceiling heights greater than 18 feet are counted twice, and greater than 27 feet are counted three times.
(5)
Staircases and elevator shafts are counted in the gross floor area calculation on each story where they occur.
(6)
Gross floor area calculations do not include:
(a)
Small detached non-habitable accessory structures that do not require a building permit per SCCC § 12.10.315(A).
(b)
"Underfloor"
areas (see definition).
(c)
Structural protections above ground level such as eaves, fireplace chases, cantilevered decks, and bay windows.
(d)
Exterior staircases (unless covered and enclosed).
"Floor area, habitable,"
for the purposes of planning and zoning, means the portion of the gross floor area used for living, sleeping, eating, or cooking, and meeting minimum building code requirements for these activities. Habitable floor area shall exclude garages, carports, attics, utility rooms, and any other area that is not used for human habitation.
"Floor area, net"
means the gross floor area minus the following areas:
(1)
"Attics"
(see definition);
(2)
"Basements"
(see definition);
(3)
"Mezzanine"
levels (see definition);
(4)
Nonresidential parking structures;
(5)
Up to 225 square feet of garage space per single- or multifamily dwelling unit; and
(6)
Up to 140 square feet of covered and enclosed front porches.
"Floor area ratio" or "FAR"
means the net floor area divided by the gross site area.
"Foster home"
means a private home including "foster" family homes and "group homes" licensed by the County Human Services Department or the State Department of Social Services in which one or more children under 19 years of age, not related to the proprietary family, are resident on a more or less permanent basis and in which said children participate in family relationships with said proprietary family.
"Frontage"
means the property line of a site abutting on a street or on the edge of a right-of-way, not including the side line of a corner lot.
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 3593 § 17, 1984; Ord. 4119 § 9, 1991; Ord. 4122 § 9, 1991; Ord. 4158 § 6, 1991; Ord. 4159 § 6, 1991; Ord. 5095 § 4, 2011; Ord. 5115 § 4, 2012; Ord. 5124 § 4, 2012; Ord. 5321 § 5, 2019; Ord. 5423 § 37, 2022)
13.10.700-G "G" definitions.
"Games establishment"
means a commercial establishment containing six or more pinball machines, electronic video-screen games, football games, hockey games, skeebowls, or any other similar games or machines for the use of which fees are paid directly into the machines or to an operator.
"Garage" or "carport"
means a non-habitable accessory structure or a portion of a main structure, having a permanent roof, and designed for the storage of motor vehicles and large enough to accommodate at least one compact car parking space.
"Gardening, family"
means the noncommercial raising for family use of vegetables, berries, trees, fruits, vines, grapes, flowers, ornamental trees, or shrubs.
Gasoline Station.
See "Automobile fueling/charging station."
"GH"
means the Geologic Hazards Combining District (SCCC § 13.10.420).
"Greenhouse"
means a permanent, sunlight-based structure used for production of agricultural crops, either container grown or in-situ (soil based). Does not include temporary shade structures usually comprised of plastic film stretched over a flexible frame, often referred to as hoop houses.
Gross Site Area.
See "Site area, gross."
"Group quarters"
means, per the U.S. Census, a place where people live or stay, in a group living arrangement, that is owned or managed by an entity or organization providing housing and/or services for the residents. These services may include custodial or medical care as well as other types of assistance, and residency is commonly restricted to those receiving these services. Group quarters include such places as college residence halls, residential treatment centers, skilled nursing facilities, group homes, military barracks, correctional facilities, and workers' dormitories. Group quarters are considered a nonresidential land use type, not housing.
(Ord. 3432 § 1, 1983; Ord. 3632 § 24, 1985; Ord. 4159 § 6, 1991; Ord. 4282 § 3, 1993; Ord. 4324A § 3, 1994; Ord. 4921 § 19, 2008; Ord. 5423 § 37, 2022)
13.10.700-H "H" definitions.
"H"
means the Affordable Housing Combining Zone District (SCCC § 13.10.430).
"Habitable accessory structure"
means a detached, subordinate structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use and contains all of the required amenities and any of the allowed amenities for habitable structures shown in Table 13.10.611-1.
Habitable Floor Area.
See "Floor area, habitable."
"Hand-made product fabrication and sale"
means a commercial business or cooperative "maker" space that is not conducted from a dwelling unit and involves the fabrication and sale of hand-made products. See also "Cottage industry."
"Health facility"
means any facility, place, or building which is organized, maintained, and operated for the diagnosis, care, and treatment of human illness, physical or mental, including convalescence and rehabilitation and including care during and after pregnancy, or for any one or more of these purposes, for one or more persons, to which such persons are admitted for a 24-hour stay or longer, per the California Code of Regulations. Health facilities, which include clinics, hospitals, skilled nursing facilities (nursing homes), intermediate care facilities, and other types of health facilities, are licensed by the California Department of Public Health and are a nonresidential land use.
"Hedge"
means a row of closely planted shrubs or low growing trees forming a barrier or boundary.
"Height of structure"
is the vertical distance from the ground to the uppermost point of the structure. Height at exterior walls is measured from existing or finished grade, whichever is lower. Height within the footprint of a new structure is measured from existing grade. Height within the footprint of an existing structure is measured from a projected line through the building from the grade at the exterior walls. Height limits are specified for each zone district, with special height requirements applying to certain land uses. Certain architectural features may exceed height requirements per SCCC § 13.10.510.
"Historic theme park"
means a park or commercial amusement establishment, the design and contents of which have a basis in the history of a place or area and which therefore have an educational focus.
"Home occupation"
means an accessory use, which is secondary to the primary residential use, for gainful employment involving the manufacture, provision, or sale of goods or services performed by a full-time inhabitant of the unit that does not affect the residential character of the property or neighborhood, subject to SCCC § 13.10.613. Secondary commercial weddings and similar celebrations, and community events and fundraisers, are not eligible to be permitted as home occupations.
"Hoop house"
means an agricultural shade structure as described in SCCC § 12.10.315.
"Hostel"
means a dormitory style facility for temporary occupancy visitor accommodations.
"Hotel"
means a structure or portion thereof with furnished individual guest rooms or suites, which maintains an interior lobby through which tenants must pass to gain access to guest rooms or suites, providing overnight accommodation with or without meals for compensation. Hotels are Type A visitor accommodations subject to SCCC § 13.10.689.
(Ord. 3432 § 1, 1983; Ord. 3593 § 18, 1984; Ord. 3632 § 25, 1985; Ord. 4099 § 5, 1990; Ord. 4194 § 2, 1992; Ord. 4921 § 21, 2008; Ord. 5095 § 5, 2011; Ord. 5124 § 5, 2012; Ord. 5182 § 13, 2014; Ord. 5266 § 9, 2018; Ord. 5346 § 8, 2020; Ord. 5366 § 8, 2021; Ord. 5423 § 37, 2022; Ord. 5497, 8/19/2025)
13.10.700-I "I" definitions.
"I"
means the Statement of Intention Combining Zone District (SCCC § 13.10.440).
"Immature plant" or "immature"
means a cannabis plant which has a first true leaf measuring greater than one-half inch long from base to tip (if started from seed) or a mass of roots measuring greater than one-half inch wide at its widest point (if vegetatively propagated), but which is not flowering.
"Immature plant cultivation area"
means the specific area on a site where activities associated with producing clones, immature plants, and seeds take place.
Incidental.
See "Use, accessory."
Industry, Light; Industry, Heavy.
See SCCC § 13.10.340, et seq.
"Intensification of use, nonresidential"
means any change or expansion of a nonresidential use which will result in both a greater than 10 percent increase in vehicle trips and more than 110 new daily vehicle trips.
Intensification of Use, Residential.
Any change to a residential use which results in an increase of its number of bedrooms, as defined in SCCC § 13.10.700-B, shall be an "intensification of use" for the purposes of this chapter.
(Ord. 3432 § 1, 1983; Ord. 3632 § 26, 1985; Ord. 4285 § 2, 1993; Ord. 4346 § 37, 1994; Ord. 4525 §§ 10, 11, 1998; Ord. 5119 § 33, 2012; Ord. 5302 § 6, 2019; Ord. 5423 § 37, 2022)
13.10.700-J "J" definitions.
"Junior accessory dwelling unit" or "JADU"
means, in compliance with California Government Code Section 65852.22, a residential living area contained within a proposed or existing single-family residence that is no more than 500 square feet in size. JADUs can include additions to an existing structure of no more than 150 square feet. JADUs shall include independent provisions for living, sleeping, eating, and cooking (area meeting the definition of efficiency kitchen but not a standard kitchen), and shared or separate sanitation facilities with the main dwelling unit. See also "Accessory dwelling unit."
"Junk yard"
means a site or portion of a site on which waste or discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled, or handled, including used furniture and household equipment yards, used lumber yards and the like, excepting a site on which uses are conducted within a completely enclosed structure and excepting motor vehicle wrecking yards as defined in this chapter. An establishment for the sale, purchase, or storage of used cars or salvaged machinery in operable condition or for the processing of used or salvaged materials as part of a manufacturing operation shall not be deemed a junk yard.
(Ord. 3432 § 1, 1983; Ord. 5325 § 23, 2020; Ord. 5326 § 23, 2020; Ord. 5423 § 37, 2022)
13.10.700-K "K" definitions.
"Kennel"
means any lot, building, structure, enclosure, or premises whereupon or wherein are kept five or more dogs, cats, or similar small animals over the age of four months in any combination for more than five days, whether such keeping is for pleasure, profit, breeding, or exhibiting and including places where dogs or cats or similar small animals in any combination are boarded, kept for sale, or kept for hire.
"Kitchen"
means any room or portion of a room used or intended or designed to be used for cooking and/or the preparation of food and containing all of the following: a sink having a drain outlet larger than one and one-half inches in diameter, a refrigerator larger than two and one-half cubic feet, a built-in permanent cooking appliance typically including a full-size gas or 220-volt electric range/oven with a range/hood ventilation system, and space for food preparation and storage. See also "Efficiency kitchen."
"Kitchen, catering"
means an area where final food preparations are made and where food is warmed prior to serving. A catering kitchen does not have commercial cooking equipment that would require a hood or fire extinguishing system.
"Kitchen, efficiency"
means limited kitchen facilities including a sink, a refrigerator, small electric kitchen appliances that do not require electrical service greater than 120 volts, an appropriately sized food preparation counter, and storage cabinets. Full-sized electric, gas, or propane cooking appliances are not allowed in an efficiency kitchen.
(Ord. 3432 § 1, 1983; Ord. 5325 § 24, 2020; Ord. 5326 § 24, 2020; Ord. 5382 § 7, 2021; Ord. 5423 § 37, 2022)
13.10.700-L "L" definitions.
"L"
means the Historic Landmark Combining Zone District (SCCC § 13.10.450).
"Laboratory, biomedical"
means any facility that is especially equipped for medical or pharmaceutical experimentation, testing, procedures, research, development, or production, excluding any equipment that is used exclusively for the injection of biological agents, the drawing of blood from animals, or the separation of animal blood into serum and plasma.
"Laboratory, dry"
means a facility for making computer simulations or for data analysis, especially by computers.
"Laboratory, wet"
means a facility where drugs, chemicals, and other types of biological matter can be analyzed and tested by using various liquids.
Land Division.
See SCCC § 18.10.015.
Landscaped Area.
See SCCC § 13.11.030.
"LCP"
means the Local Coastal Program.
Legislative Action.
See SCCC § 18.10.015.
"Livestock"
means any grazing, browsing, or similar equine, porcine, bovine, ovine, or other ruminant, including but not limited to any horse, pony, mule, donkey, pig, hog, cow, ox, sheep, goat, or llama, excepting those prohibited by SCCC Title 6.
"Livestock operation, biomedical"
means an agricultural livestock management operation that uses livestock for experimentation or for the production of any biomedical or pharmaceutical product or by-product. A biomedical research facility, as defined by Federal or State law, and when physically separated from any biomedical laboratory, may be considered a biomedical livestock operation under this definition.
"Lot"
means a parcel of land designated on a subdivision final map or parcel map.
"Lot, corner"
means a lot bounded by two or more adjacent streets which intersect at an angle between 45 and 135 degrees, or a lot bounded by one street that bends at an angle between 45 and 135 degrees. The property owner has one opportunity to choose which yard is front and which yard is side, depending on which configuration causes development on site to be more conforming with site standards.
"Lot, corridor access"
means a parcel with access to a street by means of a corridor having frontage and width less than that required by the applicable zone district for the site. Also known as a "flag lot."
"Lot coverage"
means the percentage of the gross site area covered by structures (see definition of "structure"). Lot coverage calculations shall exclude:
(1)
Eaves, fireplace chases, cantilevered decks, bay windows, or other structural projections above ground level;
(2)
Nonresidential parking structures;
(3)
Up to 225 square feet of garage space per single- or multifamily dwelling unit; and
(4)
Up to 140 square feet of covered and enclosed front porches.
"Lot, double frontage"
means an interior lot having its front and rear property lines abutting on streets, alleys, or other rights-of-way to which it has legal access, or a corner lot bounded by two streets intersecting at an angle of less than 45 degrees. Both front and rear property lines on double frontage lots are subject to front yard setback requirements unless otherwise noted in the SCCC.
"Lot, interior"
means a lot other than a corner lot.
"Lot line"
means a line separating a lot from another lot or from a street. Front lot lines always separate a lot from a street.
(Ord. 3432 § 1, 1983; Ord. 3593 § 19, 1984; Ord. 4158 § 7, 1991; Ord. 4474-C § 2, 1998; Ord. 4836 §§ 106, 107, 2006; Ord. 5061 § 21, 2009; Ord. 5305 § 10, 2019; Ord. 5325 § 25, 2020; Ord. 5326 § 25, 2020; Ord. 5423 § 37, 2022)
13.10.700-M "M" definitions.
"M-1"
means the Light Industrial Zone District (SCCC § 13.10.340).
"M-2"
means the Heavy Industrial Zone District (SCCC § 13.10.340).
"M-3"
means the Mineral Extraction Zone District (SCCC § 13.10.340).
"Major structural components"
means the foundation, floor framing, exterior wall framing, and roof framing of a structure. Exterior siding, doors, window glazing, roofing materials, decks, chimneys, and interior elements including but not limited to interior walls and sheetrock, insulation, fixtures, and mechanical, electrical, and plumbing elements are not considered major structural components.
"Manufactured home"
means, per California Health and Safety Code Section 18007, a structure that was constructed on or after June 15, 1976, transportable in one or more sections, which is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein, and which complies with the standards established under the National Manufactured Housing Construction and Safety Act of 1974 (42 U.S.C., Section 5401, et seq.). Manufactured homes on foundations are subject to SCCC § 13.10.682.
Massing.
See SCCC § 13.11.030.
"Matrix system"
means a set of specific criteria which determines rural residential densities within General Plan density ranges based on the degree of physical development hazards or constraints present, the presence of natural resources to be protected and utilized, the adequacy of access and the level of public services and facilities available, and the existing land use pattern in the area. (See Chapter 13.14 SCCC, Rural Residential Density Determinations.)
"Matrix unit"
means a dwelling unit determined and allowed by the rural residential density determination matrix (Chapter 13.14 SCCC).
"Mezzanine."
For planning and zoning purposes, a "mezzanine" is an intermediate level (such as a loft) between the floor and ceiling of a room, with a maximum floor area equal to one-third of the room area in which it is located. A mezzanine is not considered to be a "story" (see definition). An intermediate level with a floor area greater than one-third of the room in which it is located is a "story." Stairways and intermediate landings are not counted as part of mezzanine area.
Microbrewery.
See "Brewpub."
"Microgrid"
means a self-sufficient energy system that serves a small geographic area, such as a college campus, hospital complex, business center, or neighborhood. Within microgrids are one or more kinds of distributed energy such as solar panels, wind turbines, and combined heat and power, that produce its power. The microgrid may be attached to a centralized grid but is also able to function independently.
Ministerial Permit.
See SCCC § 18.10.015.
Minor Exception.
See SCCC § 18.10.015.
Minor Use Permit.
See SCCC § 18.10.015: "Use permit."
Minor Variation.
See SCCC § 18.10.015.
Minor Site Development Permit.
See SCCC § 18.10.015: "Site development permit."
"Mobile home"
means, per California Health and Safety Code Section 18008, a structure that was constructed prior to June 15, 1976, is transportable in one or more sections, is eight body feet or more in width, or 40 body feet or more in length, in the traveling mode, or when erected on site, is 320 or more square feet, is built on a permanent chassis and designed to be used as a single-family dwelling with or without a permanent foundation system when connected to the required utilities, and includes the plumbing, heating, air conditioning, and electrical systems contained therein. Mobile homes must meet all the California State standards for mobile homes in effect at the time of construction.
"Mobile home park"
means any area or tract of land where two or more lots are sold, rented, or leased or held out for sale, rent, or lease to accommodate mobile homes, manufactured homes or recreational vehicles used for human habitation. The rental paid for any such mobile home shall be deemed to include rental to the lot it occupies.
"Mobile home sales lot"
means a site authorized for the parking and display of unoccupied mobile homes or manufactured homes which are available for sale, rent, or lease and may include recreational vehicles or travel trailers, but does not include commercial vehicles or commercial trailers.
"Motel"
means a structure or portion thereof or a group of attached or detached structures containing completely furnished individual guest rooms or suites, usually with garage attached or parking space located in proximity to each unit, and without a lobby through which tenants must pass to gain access to guest rooms or suites. Overnight accommodation with or without meals is provided for compensation. Motels are Type A visitor accommodations subject to SCCC § 13.10.689.
"Motor vehicle wrecking yard"
means a site or portion of a site on which the dismantling or wrecking of used vehicles, whether self-propelled or not, or the storage, sale or dumping of dismantled or wrecked vehicles or their parts, is conducted. The presence on a site of three or more motor vehicles which have not been capable of operating under their own power for 30 days or more, or in the case of vehicles not self-propelled, which have not been towable or from which parts have been removed for reuse or sale, shall constitute prima facie evidence of a motor vehicle wrecking yard.
"MP"
means mining permit (Chapter 16.54 SCCC).
Multifamily Dwelling.
See "Dwelling, multifamily."
(Ord. 3432 § 1, 1983; Ord. 3632 § 27, 1985; Ord. 4036 § 8, 1989; Ord. 4119 § 9, 1991; Ord. 4122 § 9, 1991; Ord. 4159 § 6, 1991; Ord. 4346 § 38, 1994; Ord. 5090 § 1, 2011; Ord. 5119 § 34, 2012; Ord. 5169 § 5, 2013; Ord. 5423 § 37, 2022)
13.10.700-N "N" definitions.
Net Developable Area.
See "Site area, net developable."
"New construction ADU"
means any ADU that does not meet the definition of conversion ADU. A tiny home on wheels may be used as a new construction ADU.
"Nonconforming structure"
means a structure that was lawfully erected prior to adoption, revision, or amendment of this chapter but that does not conform with standards for lot coverage, setbacks, height, number of stories, distance between structures, or floor area ratio currently prescribed in the regulations for the zoning district in which the structure is located.
"Nonconforming use"
means a use of structure or land that was legally established and maintained prior to the adoption, revision, or amendment of this chapter but does not conform to the current use standards, and density standards where applicable, of 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.
"Non-habitable accessory structure"
means a detached, subordinate structure, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use and contains some or all of the required amenities and some or all of the allowed amenities for non-habitable structures shown in Table 13.10.611-1.
Nursing Home.
See "Skilled nursing facility."
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 3632 § 28, 1985; Ord. 4099 § 5, 1990; Ord. 4368 § 2, 1995; Ord. 4525 § 12, 1998; Ord. 4921 § 22, 2008; Ord. 5119 §§ 35, 36, 2012; Ord. 5239 § 11, 2017; Ord. 5346 § 8, 2020; Ord. 5366 § 8, 2021; Ord. 5413 § 5, 2022; Ord. 5423 § 37, 2022)
13.10.700-O "O" definitions.
"O"
means the Open Space Easement Combining Zone District (SCCC § 13.10.460).
"Offices, administrative or executive"
means offices pertaining to the management of office operations or the direction of enterprises but not including merchandising or sales offices.
"Offices, professional"
means offices pertaining to the practice of the professions and arts, including but not limited to architecture, dentistry, engineering, law, and medicine, but not including the sale of drugs or prescriptions except as incidental to the principal use and where there is no external evidence of such incidental use.
Off-Street Loading Berth.
See SCCC § 13.16.020.
Off-Street Parking Facilities.
See SCCC § 13.16.020.
"Open space easement contract"
means a contract between a landowner and Santa Cruz County to restrict the development of land in return for a property tax reduction or stabilization; the minimum term of the contract is 10 years. The 10-year period is renewed every year. Open space easement contracts required as a condition of a development approval shall be in perpetuity.
"Open space easement dedication"
means an irrevocable offer of dedication to the County or other public or private agency acceptable to the County for open space, scenic, public access, or recreation purposes.
"Outdoor advertising structure"
means a structure of any kind or character erected or maintained for outdoor advertising purposes, upon which any outdoor advertising sign may be placed.
"Over-height fence certification"
means a discretionary approval allowing fence height above the height specified in SCCC § 13.10.525(C), subject to the requirements of SCCC § 13.10.525(E).
(Ord. 3432 § 1, 1983; Ord. 3787-B § 1, 1986; Ord. 4525 § 13, 1998; Ord. 5115 § 5, 2012; Ord. 5124 § 6, 2012; Ord. 5119 § 37, 2012; Ord. 5423 § 37, 2022)
13.10.700-P "P" definitions.
"P"
means the Agricultural Preserve Combining Zone District (SCCC § 13.10.470).
"PA"
means the Professional and Administrative Offices Zone District (SCCC § 13.10.330).
"Permanent room housing unit"
means an independent dwelling space intended for long-term (30 days or more) rental occupancy as separate living quarters, with direct access from outside the building or through a common hall, meeting the development standards in SCCC § 13.10.427.
Permit Process.
See SCCC § 18.10.015.
Permitted Use.
See "Use permitted by right."
"Person"
means any individual, firm, association, corporation, partnership, business, trust, or company; a local public agency to the extent specified in Sections 53090, et seq. of the California Government Code; or the State or a State agency or city when not engaged in a sovereign activity.
"PF"
means the Public and Community Facilities Zone District (SCCC § 13.10.360).
"Planning Commission"
means the Planning Commission as appointed by the Board of Supervisors. See Chapter 2.74 SCCC.
Planning Director or PD.
See SCCC § 18.10.015.
"Podium parking"
means an above-ground parking structure enclosed by walls and supporting residential or commercial space overhead.
"Pool cabana"
means an accessory structure less than 70 square feet in size used for bathing or changing purposes in conjunction with a swimming pool.
"PR"
means the Parks, Recreation and Open Space Zone District (SCCC § 13.10.350).
"Produce market"
means a structure and ancillary sales area cumulatively less than or equal to 1,800 square feet in total floor area, accessory to on-site agricultural production, used to sell unprocessed fruits, vegetables, nuts, and other agricultural commodities produced on the site, along with limited processed foods and non-food items, pursuant to SCCC § 13.10.640. A larger produce market may be considered with a CUP.
"Produce sales area, temporary"
means structures and/or areas up to 800 square feet in size including any outside display area, open up to 90 days per year (consecutive) or longer period of time with approval of an administrative use permit, that is accessory to on-site agricultural operations and is used to sell only raw, unprocessed fruits, vegetables, nuts, cut flowers, and other unprocessed agricultural commodities grown on the site, pursuant to SCCC § 13.10.640. A larger sales area may be considered with an MUP.
"Produce stand"
means structures and/or areas up to 800 square feet in size, including any outside display area, that is accessory to on-site agricultural operations and is used to sell only raw, unprocessed fruits, vegetables, nuts, cut flowers, and other agricultural produce grown on the site, pursuant to SCCC § 13.10.640. A larger produce stand may be considered with an MUP.
Project.
See SCCC § 18.10.015.
"Public/quasi-public community facility"
means a publicly or privately operated facility that provides essential community services to benefit the public, such as medical services, governmental services, housing/supportive services, library services, educational services, or utilities.
(Ord. 3432 § 1, 1983; Ord. 4159 § 6, 1991; Ord. 4921 § 20, 2008; Ord. 5305 § 11, 2019; Ord. 5423 § 37, 2022)
13.10.700-Q "Q" definitions.
Reserved.
13.10.700-R "R" definitions.
"R-1"
means the Single-Family Residential Zone District (SCCC § 13.10.321).
"RA"
means the Residential Agricultural Zone District (SCCC § 13.10.321).
"RB"
means the Ocean Beach Residential Zone District (SCCC § 13.10.321).
"Rangeland"
means land which is suitable for the grazing of livestock. Such land usually contains soil with a Natural Resources Conservation Service agricultural capability rating of V through VIII and contains vegetation dominated by grasses and herbaceous ground cover.
"Reconstruction"
means modification or replacement of 65 percent or more of the major structural components (see SCCC § 13.10.700-M) of an existing structure within any consecutive five-year period.
"Recreational travel trailer"
means a nonpowered portable dwelling designed for temporary occupancy meeting the definition of "travel trailer" in California Health and Safety Code Section 18010, which may be towed on public highways without a special permit; does not include recreational vehicles, motorhomes, or mobile homes.
"Recreational vehicle"
means a self-powered portable dwelling, camper, or motor home designed for temporary occupancy, meeting the definition of "recreational vehicle" in California Health and Safety Code Section 18010, which may be driven on public highways without a special permit.
"Recreational vehicle sales lot"
means a site authorized for the parking and display of unoccupied recreational vehicles or travel trailers which are available for sale, rent, or lease, but not including mobile homes, manufactured homes, commercial vehicles, or commercial trailers.
"Recreational vehicle storage lot"
means a site authorized for the storage of privately owned unoccupied travel trailers, campers, recreational vehicles, boats, and other similar vehicles/vessels, but not mobile homes.
"Recycling facility"
means a facility for the drop-off, buyback, deposit, or return for redemption, of recyclable material. Recyclable material is reusable material including but not limited to aluminum, glass, plastic, and paper which is intended for remanufacture or reconstitution for the purpose of using the altered form. A recycling facility consists of a reverse vending machine, collection facility, or processing facility, as defined below. A recycling collection facility may also consist of a facility for the collection of reusable household goods or clothes by a charitable organization such as Salvation Army or Goodwill.
(1)
"Reverse vending machine"
is a mechanical device which accepts one or more types of empty beverage containers, including aluminum cans, glass, and plastic bottles, and cartons, and issues a cash refund or a redeemable credit slip with a value not less than the container's redemption value.
(2)
"Small collection facility"
means a facility for the deposit, buyback, or drop-off of recyclable materials. A small collection facility occupies an area of not more than 650 square feet, is associated with a commercial use, community facility, or public facility on the site, and includes:
(a)
Bins, boxes, cans, kiosk-type units, and/or other containers or receptacles; and/or
(b)
A properly licensed automobile, truck, trailer, or van.
(3)
Large Collection/Processing Facility. A large collection or processing facility occupies more than 650 square feet, may occupy a single site rather than being associated with a commercial use, community facility, or public facility use, may utilize a building or other permanent structure, and may conduct processing operations utilizing power-driven sorting or consolidation equipment such as balers, crushers, separators, or bulk reverse vending machines.
Remodel.
See SCCC § 13.11.030.
"Residential care facility for the elderly" or "RCFE"
means a housing arrangement chosen voluntarily by persons 60 years of age or over, or their authorized representative, where varying levels and intensities of care and supervision, protective supervision, or personal care are provided, based upon their varying needs, as determined in order to be admitted and to remain in the facility. RCFEs are also referred to as assisted living facilities and board and care facilities. Persons under 60 years of age with compatible needs may be allowed to be admitted or retained in an RCFE, if certain conditions are met. RCFEs are considered a nonresidential land use, as they are care facilities licensed by the California Department of Social Services, not housing developments.
"Residential care home or small family home"
means a dwelling unit in which room, board, and nonmedical personal care services including supervision of and assistance with eating, dressing, personal hygiene, daily activity, health maintenance, transportation, and protective safeguards for up to seven adults, not including members of the licensee's family, are provided, consistent with California Health and Safety Code Section 1566.3. The owner or operator of an adult residential care home or small family home is not required to live on site. Any residential care facility for seven or more occupants that is licensed by the State which admits occupants through an admissions agreement or other institutional/health care admissions process, rather than a lease, is a facility, not housing, and is considered a nonresidential land use.
"Riparian corridor"
means those areas as defined in SCCC § 16.30.030, riparian corridor and wetlands protection.
"RM"
means the Multifamily Residential Zone District (SCCC § 13.10.320).
"RR"
means the Rural Residential Zone District (SCCC § 13.10.320).
"Rural"
means outside the urban or rural services lines.
"Rural services line" or "RSL"
means a fixed boundary line defining those areas located outside the urban services line which have recognized urban densities which may or may not have full urban services.
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 3632 § 29, 1985; Ord. 3843 § 8, 1987; Ord. 4098 § 2, 1990; Ord. 4406 § 9, 1996; Ord. 4416 § 9, 1996; Ord. 4496-C § 63, 1998; Ord. 4525 § 14, 1998; Ord. 5119 § 38, 2012; Ord. 5423 § 37, 2022; Ord. 5487, 6/10/2025)
13.10.700-S "S" definitions.
Second Unit.
See "Accessory dwelling unit."
Secondary.
See "Use, accessory."
"Senior citizen housing development"
means a residential development developed, substantially rehabilitated, or substantially renovated for senior citizens that has at least 35 dwelling units, and meets the requirements of California Civil Code Section 51.3. A senior citizen housing development may be a multifamily rental housing development, or a for-sale development of condominiums, townhomes, or single-family homes.
"Senior rental housing" or "SRH"
means a multifamily rental housing development or mobile home park restricted to occupancy by seniors aged 62 and older, pursuant to the California Unruh Civil Rights Act and/or Federal Housing for Older Persons Act (HOPA). An SRH may have amenities and accessibility features designed for elderly tenants, and is a residential land use. Tenants of SRHs lease their apartments or mobile home spaces through a lease or rental agreement, not an admissions agreement, and have full tenancy rights through State landlord/tenant laws. Supportive services and/or convenience services may or may not be provided on site, but "care" (assistance with activities of daily living) is not provided by the property owner/manager. Individual tenants may obtain their own caregiver or assistance from an outside program if needed. Facilities that provide "care" are considered RCFEs (see definition) and must be licensed by the State. SRH properties may be market-rate, affordable, or mixed-income rental properties or mobile home parks.
Sight Distance Triangle.
See SCCC § 13.16.093.
"Sign"
means anything whatsoever placed, erected, constructed, posted, painted, printed, tacked, nailed, glued, stuck, carved, or otherwise fastened, affixed, or made visible for out-of-door advertising purposes in any manner whatsoever on the ground or on any tree, wall, bush, rock, post, fence, building, structure, or thing whatsoever. For the purposes of this chapter, the advertising area of only one side of a double-faced sign shall be used in determining the advertising area.
"Sign, appurtenant"
means a sign relating only to goods sold or services rendered upon the building site on which said sign is erected or maintained.
"Site"
means a parcel or parcels of land, occupied, or to be occupied, by a use or structure(s).
"Site area, gross"
means the total horizontal area included within the property lines of a site, excluding any coastal bluffs, beaches, and land seaward of the mean high tide line of Monterey Bay. Gross site area is used in calculations of floor area ratio and calculations related to density for urban parcels.
"Site area, net"
means the total site area less all public or private rights-of-way designated for vehicle access. Net site area is used in calculations related to certain development standards for rural parcels.
"Site area, net developable"
means gross site area minus land not developable (see definition of “developable land”). Net developable site area is used in calculations related to density for rural parcels. Lands with slopes between 30% and 50%—and landslide areas determined by a geological study to be stable and suitable for development—can be credited in density calculations.
Site Development Permit.
See SCCC § 18.10.015.
"Site width"
means the horizontal distance between the side property lines of a site measured on an alignment parallel to the front property line along the rear line of the required front yard.
"Skilled nursing facility" or "SNF"
means a health facility or a distinct part of a hospital which provides continuous skilled nursing care and supportive care to patients whose primary need is for availability of skilled nursing care on an extended basis. It provides 24-hour inpatient care and, as a minimum, includes physician, skilled nursing, dietary, and pharmaceutical services, and an activity program, per the California Health and Safety Code. SNFs are a type of health care facility (see definition) which require a license from the California Department of Public Health (CDPH) and are a considered a nonresidential land use.
"Soil-dependent"
means in-situ soils are used as the growing medium, exclusively.
"Solar access"
means the ability of sunlight to strike a solar energy system.
"Solar energy system"
means any solar collector or other solar energy device, or any structural design feature of a building whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating or cooling, for water heating or for electricity, or as defined in Section 801.5 of the Civil Code, as such section or subdivision may be amended, renumbered, or redesignated from time to time.
"SP"
means the Salamander Protection Combining Zone District (SCCC § 13.10.480).
"Story"
means, for planning and zoning purposes, that portion of a building included between the upper surface of any floor and the lower surface of the floor or ceiling above. Attic, basement, mezzanine, and underfloor areas do not count as stories.
Street.
See SCCC § 13.16.020, "Road or street."
"Structure"
means anything constructed or erected which requires a location on the ground, including a building, but not including a swimming pool, a fence, or a wall used as a fence (including retaining walls), or a deck less than 18 inches in height.
"Structure, accessory"
means a detached, subordinate structure, or a subordinate structure attached to a main structure by a breezeway, the use of which is appropriate, subordinate, and customarily incidental to that of the main structure or the main use of the land and which is located on the same site with the main structure or use.
"Structure, main"
means a structure housing the principal use of a site or functioning as the principal use.
"Structural walls"
means any bearing wall of a building.
"SU"
means the Special Use Zone District (SCCC § 13.10.380).
Subordinate Use.
See "Use, accessory."
"Supportive housing"
means affordable rental housing with intensive services promoting housing stability.
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 3593 § 20, 1984; Ord. 4119 § 9, 1991; Ord. 4122 § 9, 1991; Ord. 4159 § 6, 1991; Ord. 4495 § 9, 1998; Ord. 4525 §§ 15, 16, 1998; Ord. 4836 §§ 108, 109, 2006; Ord. 5042 § 3, 2009; Ord. 5119 §§ 39, 40, 2012; Ord. 5239 § 12, 2017; Ord. 5264 § 17, 2018; Ord. 5423 § 37, 2022; Ord. 5487, 6/10/2025)
13.10.700-T "T" definitions.
"Temporary relocation"
means a temporary relocation of a use for a period not to exceed 18 months by reason of a natural disaster for which a local emergency has been declared by the Board of Supervisors.
"Temporary use or structure"
means a use or structure that is allowed to occur on a site for a limited time, subject to applicable regulations for temporary uses and structures, required permits, and site-specific permit conditions.
"Timber"
means trees of any species suitable for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately or publicly owned land, but not including nursery stock.
"Timberland"
means privately owned land, or land acquired for State forest purposes, which is devoted to and used for growing an average annual volume of wood fiber of at least 15 cubic feet per acre.
"Timber management plan"
means a written plan for the development and utilization of timber resources and compatible uses which ensures the continued viability of the timberland, and which includes reasonable rotation and cutting cycle dates.
"Time-share visitor accommodations"
means visitor accommodations facilities in which the ownership interest in individual units is divided in time. Time-share visitor accommodations units commonly are sold by the week for up to a maximum of 51 weeks per year, subject to SCCC § 13.10.693.
"Tiny home on wheels"
(THOW) means an independent dwelling unit, maximum 400 gross square feet, excluding loft area space if that loft area space meets the requirements of Government Code Sections 18009.3(b) and 18033 and maximum 14 feet in width at the maximum horizontal projection. It provides complete independent living facilities for one or more persons and is built upon a single chassis and is towable by a hitch mechanism and cannot move under its own power. It may only be transported upon the public highway with a permit issued pursuant to Vehicle Code Section 35780.
"Tourist service"
means a business selling tickets and/or providing information to visitors.
"Town plan"
means a plan adopted in conformance with the County General Plan which is applicable to a specific area that requires a detailed planning effort.
"Town plan area"
means an area within the unincorporated area that has been subject to more detailed, area-specific planning than is normally part of an overall General Plan update, and where a design framework, area plan, village plan, or specific plan has been adopted by the Board of Supervisors and incorporated into the County General Plan.
"TP"
means the Timberland Preserve Zone District (SCCC § 13.10.370).
"Trailer park"
means a site authorized for the temporary parking of privately owned, occupied travel trailers and recreational vehicles, but not mobile homes.
Travel Trailer.
See "Recreational travel trailer."
(Ord. 3432 § 1, 1983; Ord. 4030 § 3, 1989; Ord. 4160 § 3, 1991; Ord. 4217 § 4, 1992; Ord. 5346 § 8, 2020; Ord. 5366 § 8, 2021; Ord. 5413 § 6, 2022; Ord. 5423 § 37, 2022)
13.10.700-U "U" definitions.
Underfloor.
For planning and zoning purposes, an underfloor is a non-habitable space between the underside of the first story floor framing (joists or girders that directly support the floor sheathing) and the grade below. An underfloor is not considered a "story" (see definition). To qualify as underfloor, the space may be used for storage but cannot have a finished floor, insulation, or conditioned space, and there must be no stairway access to the underfloor area.
"Urban"
means inside the urban or rural services lines.
"Urban agriculture"
means the practice of cultivating food in or around urban areas, generally at a scale larger than a single residential parcel. Urban agriculture includes a range of food growing practices, such as community gardens; school gardens on school property; urban farms where food is grown for commercial sale; and animal keeping for eggs, milk, and meat.
"Urban services line" or "USL"
means a fixed boundary line defining those areas planned to accommodate urban densities of development with urban services.
"Usable open space"
means an outdoor area which is required to be available for use by occupants of a multifamily dwelling unit.
"Use"
means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered, or enlarged or for which either a site or a structure is or may be occupied or maintained.
"Use, accessory"
means a use subordinate to any main use and customarily a part thereof, which use is clearly incidental and secondary to the main use and which does not change the character thereof.
"Use, allowed"
means any use which may take place in a particular zone district.
"Use, Coastal Zone principal permitted"
means a use allowed in the basic zone district, the approval of which is not appealable to the Coastal Commission except in the geographic areas and certain cases specified in Chapter 13.20 SCCC.
Use Permit.
See SCCC § 18.10.015.
"Use permitted by right"
means a use which may take place in a particular zone district without a use permit.
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 4159 § 6, 1991; Ord. 4406 § 10, 1996; Ord. 4416 § 10, 1996; Ord. 5423 § 37, 2022)
13.10.700-V "V" definitions.
"VA"
means the Visitor Accommodations Zone District (SCCC § 13.10.330).
"Vacation rental"
where used in this Code refers to “non-hosted rental” as defined in SCCC § 13.10.694(C)(8).
Variance.
See SCCC § 18.10.015.
"Vegetation"
means all plant life.
Village.
See SCCC § 13.11.030.
"Visitor accommodations, commercial"
means commercial visitor serving facilities for short-term (less than 30 days) overnight use. Commercial visitor accommodations do not include agricultural farmstays (see SCCC § 13.10.641) or short-term residential rentals (see SCCC § 13.10.694).
(1)
"Type A visitor accommodations"
means hotels, motels, and bed and breakfast inns (subject to SCCC § 13.10.691) with an individual room or cabin for each customer.
(2)
"Type B visitor accommodations"
means camps, campgrounds, and group quarters/dormitory-style visitor accommodations, including RV or tent campgrounds, hostels, and visitor accommodations associated with organized camps and conference centers (subject to SCCC § 13.10.692).
"Visitor accommodations (VA) unit"
means a commercial visitor accommodation room, cabin, or suite. VA units can include kitchens and bathrooms.
(Ord. 3432 § 1, 1983; Ord. 3501 § 17, 1984; Ord. 5092 § 7, 2011; Ord. 5198 § 2, 2015; Ord. 5423 § 37, 2022; Ord. 5497, 8/19/2025)
13.10.700-W "W" definitions.
"Wind energy conversion system" or "WECS"
means a machine that converts the kinetic energy in the wind into a usable form (commonly known as a wind turbine or windmill). The WECS includes all parts of the system except the tower and the transmission equipment.
"Winery"
means a facility for the production and sale of wine from fruit or fruit juices through fermentation that is subject to a Type 02 license by the California Department of Alcoholic Beverage Control. Wineries shall be entitled to all uses and activities provided under the Type 02 licenses and may also include ancillary distilling of wine to produce brandy or a similar distilled spirit. Such facilities may include related storage, blending, and bottling activities, administrative offices, wholesale and retail sales of wine, marketing-related activities including public tastings, classes, and tours, and outdoor areas for picnics, gatherings, and other activities incidental to wine tasting. Incidental sale of marketing products and accessories related to the winery's brand identity, wine drinking, food pairing, local agriculture, and local history are also permitted.
(Ord. 3501 § 17, 1984; Ord. 3632 § 30, 1985; Ord. 5423 § 37, 2022)
13.10.700-X "X" definitions.
Reserved.
13.10.700-Y "Y" definitions.
"Yard"
means a required setback space adjacent to a front, side, or rear property line or right-of-way, within which no structure may be built.
"Yard, front"
means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the front property line or the inside edge of a right-of-way and a line parallel thereto on the site.
"Yard, rear"
means a yard extending across the full width of a site, the depth of which is the minimum horizontal distance between the rear property line and a line parallel thereto on the site.
"Yard, side"
means a yard extending from the rear line of the required front yard, or from the front property line of a site where no front yard is required, to the front line of the required rear yard, or the rear property line of the site where no rear yard is required, the depth of which is the minimum horizontal distance between the side property line and a line parallel thereto on the site.
(Ord. 3432 § 1, 1983; Ord. 5423 § 37, 2022)
13.10.700-Z "Z" definitions.
Zoning Administrator or ZA.
See SCCC § 18.10.015.
Zoning Clearance or ZC.
See SCCC § 18.10.015.
(Ord. 5423 § 37, 2022)
13.10.311 Purposes of agricultural districts.
(A)
CA Commercial Agriculture. The purposes of the CA Commercial Agriculture Zone District are to preserve the commercial agricultural lands within Santa Cruz County which are a limited and irreplaceable natural resource, to maintain the economic integrity of the economic farm units comprising the commercial agricultural areas of the County, to implement the agricultural preservation policy of SCCC § 16.50.010, and to maintain and enhance the general welfare of the County as a whole by preserving and protecting agriculture, one of the County's major economic sectors. Within the CA Commercial Agriculture Zone District, commercial agriculture and associated activities related to the viability of the commercial agricultural sector such as produce stands and agri-tourism/education shall be encouraged, and development of non-agricultural uses which may conflict with commercial agriculture shall be excluded.
(B)
A Agriculture. The purposes of the A Agriculture Zone District are to support a diversity of farm operations on agricultural land in the County which is not designated Type 1, Type 2, or Type 3, but which contributes to open space and/or rural character and may constitute a productive natural resource; to encourage noncommercial agricultural uses such as family farming, gardening, and animal raising; to allow limited appropriately scaled 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 provide for agricultural support uses such as agricultural service establishments, agricultural processing facilities, and produce markets, and agriculturally related uses such as tree service and kennels as scaled, sited, and designed to protect agricultural production, minimize land use conflicts and to maintain the public health and general welfare; 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)
Agricultural Preserve and Farmland Security (-P) Combining District. Lands enrolled in the Williamson Act Program under the California Land Conservation Act of 1965 are subject to the requirements in Government Code Section 51200 et seq., and SCCC § 13.10.471 through § 13.10.473, and are designated as falling within an Agricultural Preserve and Farmland Security (P) Combining District, to denote lands that are restricted by Williamson Act contracts, and to regulate permitting on lands so restricted.
(D)
Interpretation of Provisions. The provisions of this chapter shall be liberally interpreted insofar as they apply to accommodating 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 commercially viable agricultural areas 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 as identified in the County GIS System; 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, except where it is clearly demonstrated that any division of such parcels shall not diminish the productivity or in any way hamper or discourage the long-term commercial viability of agricultural operations on said parcels or adjoining or nearby parcels.
(Ord. 3432 § 1, 1983; Ord. 5423 § 8, 2022)
13.10.312 Uses in agricultural districts.
(A)
Allowed Uses. The uses allowed in the agricultural districts shall be as provided in the agricultural uses chart in subsection (D) of this section. Certain disallowed uses that are preexisting on a parcel and were legally established may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.
(B)
Use Permits. A discretionary permit for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the agricultural uses chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures. All conditional use permits in the CA Zone District are also subject to the special findings required by SCCC § 13.10.314.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.037, a coastal development permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Agricultural Uses Chart. Allowed uses and permit requirements for agricultural zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use may be permitted subject to the same permit requirements as the identified use.
KEY: | |
|---|---|
P | Permitted by right: Use is allowed without a use permit. |
ZC | Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required. |
MUP | Minor Use Permit: Discretionary permit, no public notice. |
AUP | Administrative Use Permit: Discretionary permit with public notice. |
CUP | Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) or the Board of Supervisors (BOS) is specified. |
A | Use must be ancillary to the main agricultural use of the subject parcel; or where so indicated in SCCC § 13.10.631—13.10.639, ancillary to a farming operation on another parcel or parcels in the County, owned or leased by the same entity. |
NA | Use not allowed in this zone district. |
"Development area" refers to the area of a parcel or site associated with an allowed use or development that is covered with structures, paving, or other impermeable or semi-permeable surface material such as baserock or gravel which may affect the long-term agricultural viability of the underlying soil. | |
Table 13.10.312-1: Agricultural Uses Chart | |||||
|---|---|---|---|---|---|
Use | Permit Required by Zone | References and Notes | |||
CA | A | ||||
Agriculture | |||||
Apiculture | P | P | Chapter 7.32 | ||
Aquaculture (fish, shellfish, or other animals) | CUP | CUP | |||
Biomedical livestock operations | CUP | CUP | 13.10.647 | ||
Container crops, including horticulture and food production, outdoor | 13.10.639 | ||||
1 acre or less | ZC | ZC | |||
Area larger than 1 acre | MUP | MUP | |||
Crop production | P | P | 13.10.700-C | ||
Dairy | MUP | CUP | Chapter 7.08, 16.22.060 | ||
Farmworker Housing: EHA (Employee Housing Act) project as defined in SCCC § 13.10.631, providing permanent, temporary, or seasonal housing for five or more farmworkers (agricultural employees). Includes employer-provided farmworker housing, rural farmworker housing, streamlined EHA project*, and EHA small farmworker housing project. | P | P | 13.10.631 16.50.095(F) 13.11.037 *Streamlined project allowed outside Coastal Zone only. | ||
Small farmworker housing project not subject to EHA, consisting of 1 to 4 dwelling units housing no more than 4 farmworkers total: | 13.10.631 16.50.095(F) 13.11.037 | ||||
Inside Coastal Zone: | CUPA | CUP | |||
Outside Coastal Zone: | PA | P | |||
Affordable rental farmworker housing project pursuant to development reserve, outside the Coastal Zone only (see SCCC § 13.10.631 for map of eligible areas) | CUP-BOS | CUP-BOS | 13.10.631 16.50.095(F) 13.11.037 | ||
Greenhouse, hoop house | P/ ZC | P/ ZC | 13.10.636 13.20.073 13.11.037 ZC required for greenhouses > 500 sf. | ||
Hatchery facility, poultry | P | P | SCCC § 13.10.700-H | ||
Hydroponic farm | MUP | AUP | |||
Livestock production and grazing | |||||
Large animals (horses, cows, llamas) up to 8 per acre; hogs up to 2 per acre; medium animals (sheep, goats, alpacas) up to 16 per acre; small animals (rabbits, mink, poultry) up to 100 animals per acre, in any combination | P | P | 13.10.645 13.10.646 16.22.060 13.10.313 | ||
Animals at a greater density | P | AUP | |||
Timber harvesting and associated operations (allowed outside the Coastal Zone only) | P | NA | |||
Water pollution control facility, agricultural, to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board | MUP | MUP | 16.20, 16.22 16.30 | ||
Agricultural Support | |||||
Agri-tourism and education | 13.10.633; 13.10.700-A 13.11.037 Agri-tourism facility buildings limited to a total of 3,500 sf. | ||||
School visits, preschool—12th grade, no limit on number of events per year or number of students | PA | P | |||
Other agri-tourism and education events, not exceeding 12 per year | 50 or fewer guests per event | PA | P | ||
51—100 guests per event | Parcel less than 15 acres | PA | AUP | ||
Parcel 15 acres or larger | PA | P | |||
Other agri-tourism and education events, exceeding 12 per year or number of guests provided above | MUPA | AUP/CUP* | *CUP for events located within 200 feet of a residentially zoned parcel or within 200 feet of a residence. | ||
Any agri-tourism and education event(s) with outdoor amplified music | AUPA | AUP/CUP* | *CUP for event(s) located within 200 feet of a residentially zoned parcel or within 200 feet of a residence. | ||
Administrative offices, agricultural | PA | PA | 13.11.037 | ||
Agricultural processing facility | 13.11.037 | ||||
Up to 5,000 sq. ft. development area | MUP | AUP | 13.10.632 13.10.700-A 13.11.037 *CUP inside Coastal Zone | ||
>5,000 sq. ft. up to 60,000 sq. ft. development area | AUP/CUP* | AUP | |||
>60,000 sq. ft. development area | NA | CUP | |||
Agricultural service establishment | 13.10.638 13.10.700-A 13.11.037 | ||||
<1,000 sq. ft. development area | MUPA | MUP | * On CA, limited to a total development area of 10,000 sf. | ||
1,000 to 7,500 sq. ft. development area | CUPA | AUP | |||
>7,500 sq. ft. development area* | CUPA-PC | CUP | |||
Consumer harvesting | P | P | |||
Farmstay/homestay | MUPA | MUPA | 13.10.641, 13.10.700-F | ||
Fuel storage tanks and pumps | ZC | ZC | |||
Home occupation | PA/CUPA | PA/CUPA | See 13.10.613 to determine when a CUP is required | ||
Indoor growing facility for mushrooms or other crops, excluding greenhouses | 13.10.634 13.11.037 | ||||
Up to 1,000 sq. ft. | P | P | |||
>1,000 sq. ft.—20,000 sq. ft total indoor structure area on the parcel | P | CUP | |||
Kennel | MUPA | AUP | 13.10.646 13.11.037 | ||
Lumber mill | NA | CUP | |||
Museum, agriculture or natural history | CUPA*-PC | CUP-PC | *On CA, limited to a total development area of 12,000 sf. | ||
Produce sales area, temporary; produce stand | |||||
< 800 sq. ft. | PA | MUPA | 13.10.640 13.11.037 | ||
800 sq. ft. to 1,600 sq. ft. | PA | MUPA | |||
Produce market | 13.10.640 13.11.037 | ||||
Up to 1,800 sq. ft. | NA | MUPA | |||
1,800 to 3,600 sq. ft. | NA | CUPA | |||
Research and development establishment, agricultural | PA | P | 13.10.644 13.11.037 On CA, limit of 35,000 sf development area, excluding areas for container crops. | ||
Storage of agricultural equipment and supplies, indoor or outdoor | 13.10.635 13.11.037 *ZC required for storage buildings, and for storage areas larger than 1,000 sf 13.10.313(E) | ||||
Up to 12,000 sq. ft. development area | PA/ZC* | P/ZC* | |||
>12,000 sq. ft. development area, located off Type 1—3 soils | MUPA | AUP | |||
>12,000 sq. ft. development area on Type 1—3 soils | CUP/PCA | CUP | |||
Stable, commercial riding or boarding; riding academy | P/CUPA | P/CUP | See 13.10.644 for permit requirements | ||
Tree service | NA | AUP | |||
Veterinary office, animal hospital | CUPA | CUP | 13.10.644 13.11.037 On CA, limited to a total development area of 15,000 sf. | ||
Water wells, storage tanks and distribution lines, well covers, and small pump houses utilized for agriculturally related activities | ZC | ZC | 13.20.073 | ||
Winery, brewery, or distillery | See 13.10.637 for features that may increase permit requirements. On CA, limited to a total development area of 35,000 sf. | ||||
Production only, less than 1,000 gallons | PA | PA | |||
Small: up to 10,000 gallons wine or spirits, or 3,000 barrels beer, per year | MUPA | MUPA | |||
Medium: >10,000 – 30,000 gallons wine or spirits, or 3,000 – 6,000 barrels beer, per year | AUPA | AUPA | |||
Large: >30,000 gallons wine or spirits, or >6,000 barrels beer, per year | CUPA | CUPA | |||
Winery signs | 13.10.637 | ||||
Up to 12 sq. ft., non-illuminated | PA | PA | |||
Greater than 12 sq. ft. or illuminated | MUPA | MUPA | |||
Zoo | NA | CUP | 13.10.644 13.10.700-Z 13.11.037 | ||
Zoo, petting | PA | PA | 13.10.644 13.11.037 | ||
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC § 13.10.650 (Non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC. | |||||
Indoor cultivation: existing legal structure (including greenhouses) | P | AUPX | X: CUP for non-Class CG licensed cultivation activities, and greenhouses over 20,000 square feet | ||
Greenhouse replacement, reconstruction, or structural alteration | P | CUP | Subject to 13.10.636(B) and (C) | ||
Indoor cultivation: new non-greenhouse structure | New structures not permitted in the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. | ||||
≤ 2,000 sf | MUP | AUPX | |||
> 2,000 sf | CUP | CUP | |||
Indoor cultivation: new greenhouse | New structures not permitted in the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. N: AUP if adjacent parcel is developed with a residential structure in the PR, A, TP, SU, or any residential zone district. | ||||
< 2,000 sf | MUP | AUPX | |||
2,000 – 20,000 sf | MUPN | NA | |||
> 20,000 sf | AUP | NA | |||
Outdoor cultivation (including hoop house) | P | AUPX | New hoop houses not permitted in the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. | ||
Water tank | PA | MUPA | A: Accessory to cannabis cultivation | ||
Manufacturing, Class 1 and 2 | New structures not permitted in the coastal zone and 1-mile buffer. | ||||
Outside the coastal zone and 1-mile buffer: | |||||
≤ 2,000 sf | MUP | MUPA*± | |||
> 2,000 sf | AUP | AUPA*± | |||
Inside the coastal zone and 1-mile buffer: | A: Cannabis manufacturing uses must be ancillary to on- site commercial cannabis cultivation in the A district. ±: CUP if manufacturing activity involves cannabis imported from off site or employees (not including the owner). *CUP on parcels < 5 acres. | ||||
≤ 2,000 sf | MUP | MUP± | |||
> 2,000 sf | CUP | CUP | |||
Manufacturing, Class 3 | AUP* | NA | New structures not permitted in the coastal zone and 1-mile buffer. *CUP for existing structures > 2,000 sf in the coastal zone | ||
Distribution, Class 1: existing legal structure | A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation in the A district. | ||||
≤ 2,000 sf | P | MUPA | |||
> 2,000 sf | P | CUPA | |||
Distribution, Class 1: new structure | New structures not permitted in the coastal zone and 1-mile buffer. A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation in the A district. | ||||
≤ 2,000 sf | MUP | MUPA | |||
> 2,000 sf | AUP | CUPA | |||
Distribution, Class 2: existing legal structure | P | NA | Class 2 distribution is not permitted in new structures in agricultural zone districts. | ||
Distribution, transport only | P | P | |||
Community and Public Facilities | |||||
Energy facilities, cogeneration | MUPA | MUP | 13.10.700-C; 13.11.037 On CA land, limited to a total development area of 5,000 sf. | ||
Energy facilities, microgrid | CUPA | AUP | 13.10.700-M; 13.11.037 On CA land, limited to a total development area of 5,000 sf. | ||
Facilities for fish and wildlife enhancement and preservation | P | P | |||
Fire protection facilities | NA | AUP | 13.11.037 | ||
Flood control works, including channel rectification and alteration, for agricultural use | ZC | ZC | |||
Flood control projects, other than for agricultural use | |||||
1 acre or less | CUP | CUP | |||
More than 1 acre | CUP-BOS | CUP-BOS | |||
Dams, canals, and aqueducts of public water projects | CUP-PC | CUP-PC | 13.11.037 | ||
Public or private recreational uses (such as playfields) that do not include permanent structures or paving | CUP | CUP | 13.11.037 | ||
Reservoirs | 13.11.037 | ||||
25 acre feet or less | CUP | CUP | |||
>25 acre feet | CUP-BOS | CUP-BOS | |||
Sanitary landfill, publicly owned or contracted, as an interim public use | CUP-PC | CUP-PC | 13.10.639; 13.11.037 | ||
Septic tank sludge disposal sites approved by County Health Officer, outside the Coastal Zone | NA | CUP-PC | Chapter 7.42 | ||
Wastewater treatment plant for the production of recycled water for agricultural irrigation use | CUP-PC | CUP-PC | 13.10.643; 13.11.037 | ||
Wireless communication facilities | P/CUP | P/CUP | *Refer to 13.10.660 et seq., for permitting requirements Subject to SCCC § 13.10.660 through § 13.10.664, inclusive | ||
Other public facility and public/quasi-public community facilities as defined in SCCC § 13.10.700-P, where determined to be of significant benefit to public health, safety, and welfare, with any loss of agricultural land mitigated | NA | CUP-PC | 13.10.314; 13.10.635(D) 13.10.700-M (microgrid) 13.10.700-P; 13.11.037 | ||
Housing and Accessory Uses | |||||
Single-family dwelling, < 5,000 sf | 13.10.313(F); 13.10.314(B); 13.10.324(C); 13.11.037; 16.50.095 13.10.313(E) On CA, limit of one single- family dwelling per parcel. | ||||
Inside Coastal Zone | CUPA | P | |||
Outside Coastal Zone | P | ||||
Single-family dwelling, >5,000 sf | CUP | CUP | |||
Dwelling groups (other than agricultural employee housing and caretaker units or accessory dwelling units), subject to dwelling group density standards | 13.10.313 16.50.095 | ||||
2—4 units | NA | AUP | |||
5 or more units | NA | CUP-PC | |||
Accessory dwelling unit (ADU) or junior ADU located within 100 feet of the primary dwelling | PA | P | 13.10.313; 13.10.681 13.11.037; 13.20.107—108 16.50.095 | ||
Residential accessory structure, habitable* or non-habitable | PA | P | *Limit of one habitable accessory structure in CA, located within 100 feet of the primary dwelling 13.10.313; 13.10.611; 13.11.037; 16.50.095 | ||
Foster homes for seven or fewer children, not including those of the proprietary family | P | P | On CA, allowed only within the main dwelling. 13.10.700-F; 16.50.095 | ||
Foster homes for eight or more children, not including those of the proprietary family | CUP | AUP | |||
Residential care home serving 6 or fewer residents | P | P | In CA, allowed only within the main dwelling. 13.10.700-R; 16.50.095 | ||
Family (child) day care home (must be in conjunction with residential use) | PA | PA | Serving up to 14 children. SCCC § 13.10.613; 13.10.700-D 16.50.095 | ||
Home occupations | PA/CUPA | PA/CUPA | 13.10.616 | ||
Visitor Accommodations | |||||
Bed and breakfast inn | CUPA-PC | CUP | SCCC § 13.10.691; SCCC § 13.11.037 Not allowed on site with a farmstay use. In CA, allowed only in the main dwelling. | ||
Hosted rental | MUPA | MUPA | Hosted rental permit required per SCCC § 13.10.694 | ||
New hosted rental in dwellings with JADUs | AUPA | AUPA | Hosted rental permit required per SCCC § 13.10.694 | ||
Non-hosted rentals, new, with 3 or fewer bedrooms and all non-hosted rental renewals | AUPA | AUPA | Non-hosted rental permit required per SCCC § 13.10.694. | ||
Non-hosted, new, with 4 or more bedrooms | CUPA | CUPA | |||
(Ord. 3432 § 1, 1983; Ord. 3593 § 3, 1984; Ord. 3632 § 5, 1985; Ord. 3646 § 1, 1985; Ord. 3766 § 1, 1986; Ord. 3787-C § 2, 1986; Ord. 3842 § 1, 1987; Ord. 3845 § 2, 1987; Ord. 3893 § 1, 1988; Ord. 4036 § 3, 1989; Ord. 4094 § 2, 1990; Ord. 4097 § 2, 1990; Ord. 4099 § 2, 1990; Ord. 4158 § 2, 1991; Ord. 4346 § 7, 1994; Ord. 4369 § 1, 1995; Ord. 4406 § 2, 1996; Ord. 4416 § 2, 1996; Ord. 4471 § 1, 1997; Ord. 4474-C § 1, 1998; Ord. 4495 § 2, 1998; Ord. 4578 §§ 1, 2, 1999; Ord. 4659 § 1, 2002; Ord. 4715 § 1, 2003; Ord. 4738 §§ 1, 2, 2003; Ord. 4744 § 1, 2003; Ord. 4751 § 4, 2003; Ord. 4770 § 1, 2004; Ord. 4808 §§ 1–5, 2005; Ord. 4814 § 1, 2006; Ord. 4821 § 1, 2006; Ord. 4836 §§ 12–41, 2006; Ord. 4883 § 1, 2007; Ord. 4921 §§ 2, 3, 4, 2008; Ord. 5018 §§ 1–5, 2008; Ord. 5061 §§ 4–8, 2009; Ord. 5092 § 1, 2011; Ord. 5152 § 1, 2013; Ord. 5229 § 1, 2016; Ord. 5239 § 2, 2017; Ord. 5264 § 2, 2018; Ord. 5265 § 1, 2018; Ord. 5266 § 1, 2018; Ord. 5272 § 2, 2018; Ord. 5302 § 1, 2019; Ord. 5321 § 1, 2019; Ord. 5325 § 3, 2020; Ord. 5326 § 3, 2020; Ord. 5334 § 2, 2020; Ord. 5336 § 2, 2020; Ord. 5345 § 1, 2020; Ord. 5365 § 1, 2021; Ord. 5382 § 1, 2021; Ord. 5402 § 1, 2022; Ord. 5423 § 8, 2022; Ord. 5439 § 1, 2023; Ord. 5497, 8/19/2025)
13.10.313 Development standards in agricultural districts.
(A)
Site and Structural Dimensions. 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.
Table 13.10.313-1: Agricultural Site and Structural Dimensions | ||||
|---|---|---|---|---|
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' |
Designation | Setbacks*: | Maximum Height **: | |||
|---|---|---|---|---|---|
Front | Side | Rear | Agricultural Structures | Residential Structures | |
A | 20' | 20' | 20' | 40' | 28' |
CA | 20' | 20' | 20' | 40' | 28' |
* For soil-dependent greenhouses, including hoop houses that meet the definition of an agricultural shade structure (SCCC § 12.10.315(A)(11)) or those that require a building permit solely because of having mechanical, electrical, or plumbing equipment; the setback from all property lines abutting, on, or across a street or road from another agriculturally zoned parcel is 10 feet. Where an abutting agriculturally zoned parcel is under common ownership or leasehold, hoop houses may be constructed with a zero foot setback from the side and rear property lines. |
** Agricultural windmills and wind machines for crop production are exempt from the height provisions of this chapter. |
(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. Exceptions to the minimum distance between structures require approval of a minor exception or variance.
(C)
Buffer Requirements. Habitable structures, and uses involving intensive human activity, including residential development, and commercial or industrial establishments, that are adjacent to parcels zoned Commercial Agriculture (CA) and/or on lands designated as Type 1—3, Agricultural Resource Land shall provide a buffer setback in accordance with the provisions of SCCC § 16.50.095. Where required to comply with agricultural buffer setback requirements, an ADU may be located more than 100 feet from the main dwelling, with the additional distance from the main dwelling limited to the minimum distance required to meet the buffer setback requirements. Agricultural buffers shall not be required between nonagricultural and commercial agricultural uses on the same parcel unless otherwise specified by the SCCC. For buffer requirements for farmworker housing, see SCCC § 13.10.631.
(D)
Dwelling Group Densities. 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. Agricultural employee housing in accordance with SCCC § 13.10.631 is considered an agricultural use for the purpose of calculating density for zoning purposes.
(E)
Total Development Area On CA.
(1)
Residential and Agricultural Support Uses.
(a)
The total combined development area on Type I-III agricultural soils for residential and agricultural support uses as identified in the Agricultural Uses Chart (excluding access roads) shall not exceed 60,000 square feet or 10 percent of the gross site area, whichever is larger.
(b)
For proposed residential or agricultural support uses that would result in a combined development area for residential and agricultural support uses on Type 1—3 soils greater than 35,000 square feet, a conditional use permit and master plan shall be required, and the following findings shall apply:
(i)
An alternative sites analysis provided by the applicant and supported by technical studies demonstrates that there are no feasible sites available on the subject parcel or on other parcels owned or leased by the applicant that are located off Type 1—3 agricultural land and viable agricultural soils that could accommodate the proposed use;
(ii)
There are no feasible alternatives for site design, surfacing materials, or other measures available to accommodate the proposed use that would reduce the total development area on Type 1—3 soils below 35,000 quare feet and substantially reduce impacts to viable agricultural land; and
(iii)
Farmable portions on the subject parcel, or farmable areas on other sites owned by the agricultural operator equal or greater in size than the total development area of the subject parcel, have been placed in a permanent agricultural easement to protect the land for future farming use.
(2)
Discretionary Community and Public Facility Structures on CA Land. For discretionary community and public facility structures allowed in the CA Zone District (excluding wastewater treatment plants for the production of recycled water for agricultural irrigation use which are subject to findings provided in SCCC § 13.10.643), the following findings shall apply to development areas that exceed 35,000 square feet, in addition to findings required pursuant to SCCC § 13.10.314(A)(2) and (3):
(a)
There are no feasible alternatives for site design, surfacing materials, or other measures available to accommodate the proposed use that would reduce the total development area on Type 1—3 soils below 35,000 square feet and substantially reduce impacts to viable agricultural land; and
(b)
Farmable portions on the subject parcel, or farmable areas on other commercial agricultural sites equal or greater in size than the total development area of the subject parcel, have been placed in a permanent agricultural easement to protect the land for future farming use.[1]
[1]
The Pajaro River Flood Risk Management Project and other flood control projects for which environmental documentation compliant with CEQA has been prepared are exempt from this finding.
(Ord. 3432 § 1, 1983; Ord. 3755 § 1, 1986; Ord. 4037 § 2, 1989; Ord. 4097 § 3, 1990; Ord. 4314 § 1, 1994; Ord. 4346 § 8, 1994; Ord. 4406 § 3, 1996; Ord. 4416 § 3, 1996; Ord. 4836 §§ 42–44, 2006; Ord. 5152 § 2, 2013; Ord. 5321 § 3, 2019; Ord. 5423 § 8, 2022)
13.10.314 Required special findings for CA uses.
(A)
Nonresidential Conditional Uses. For parcels within the CA Commercial Agriculture and the Agricultural Preserve (-P) Combining 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 nonresidential project listed under SCCC § 13.10.312 that requires a conditional use permit, except agricultural uses and 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 (excepting public/quasi-public community facilities of significant benefit to public health, safety, and welfare) and will not reduce, restrict, or adversely affect agricultural activities or resources, or the economic viability of commercial agricultural operations, in the area;
(2)
The use is sited on the property to avoid removing land from production and to preserve agricultural resource soils. If avoidance and preservation are not possible, remove as little land as possible from agricultural production and future production. Technical reports may be required to demonstrate conservation of farmland to the maximum extent feasible; and
(3)
That the use or structure is ancillary to the principal agricultural use of the parcel, or to parcels owned or leased by the operator where so indicated in SCCC § 13.10.312(D), Agricultural Uses Chart, or:
(a)
That no other agricultural use is feasible for the parcel;
(b)
That the use consists of an interim public use which does not impair long-term agricultural viability;
(c)
The use consists of a permanent public use that will result in the production of recycled wastewater facility 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 and § 13.10.643; or
(d)
The use consists of a permanent discretionary community or public facility use as allowed in the Agricultural Uses Chart that the County has determined to be of significant benefit to the public health, safety, and welfare, subject to the following additional findings:
(i)
Loss of commercial agricultural land is mitigated, which may include a permanent agricultural conservation easement on land of at least equal quality and size, as partial compensation for the direct loss of agricultural land, mitigations consistent with SCCC § 13.10.643(D), or other feasible mitigations;[1]
[1]
The Pajaro River Flood Risk Management Project and other flood control projects for which environmental documentation compliant with CEQA has been prepared are exempt from the findings described in subsections (A)(3)(d)(i) and (v) of this section.
(ii)
For public facility uses with a development area greater than 12,000 square feet, an analysis is provided of two alternate sites located off agricultural resource land, identifying why development on these sites is not feasible;
(iii)
The public facility use does not significantly degrade air and water quality;
(iv)
If located in the Coastal Zone, the public facility use is consistent with the California Coastal Act; and
(v)
If located on Type 3 agricultural land in the Coastal Zone, the public facility use does not impair agricultural viability through increased assessment costs to other agricultural parcels in the area.
(B)
Discretionary Residential Uses in the Commercial Agriculture (CA) and Agricultural Preserve (-P) Combining Zone Districts. In the CA or -P zone districts, to establish a residential use requiring a Use Permit or Site Development Permit pursuant to SCCC § 13.10.312(D) and § 13.11.037, including a single-family dwelling, the following special findings shall be made in addition to those required by Chapter 18.10 SCCC. These findings shall be based upon a review and determination by the decision-maker. These special findings do not apply to the establishment of agricultural employee housing or a caretaker's unit, which are considered agricultural uses (see SCCC § 13.10.631 for applicable standards).
(1)
That the use will be sited to minimize conflicts with commercial agricultural activities on site, where applicable, or in the area;
(2)
That the use is sited on the property to avoid removing land from production and to preserve agricultural resource soils. If avoidance and preservation are not possible, remove as little land as possible from agricultural production and future production;
(a)
Conditions of approval related to the above finding may include one or more of the following: siting the proposed use on the perimeter of good agricultural soils, locating on the least agriculturally viable area of the parcel clustering near existing buildings and/or other site development, utilizing existing site access or locating the development on the site to minimize the total area required for new site access, and minimizing the use of paving materials or other impervious surfacing to that necessary to accommodate the proposed use;
(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; and
(4)
For the establishment of a single-family dwelling or ADU on a CA parcel in the Coastal Zone, the following additional finding applies: 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 that preclude commercial agricultural use; or that the residential use will be ancillary to commercial agricultural use of the parcel based on 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.
(C)
Recreational Playfields.
(1)
For parcels within the CA Commercial Agricultural Zone District, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve recreational playfields:
(a)
That the use 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 and does not require the extension of urban infrastructure such as water or sewer lines or conflict with LAFCO or Coastal Commission policies. 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; and
(d)
That the use will be sited to remove as little land as possible from production.
(Ord. 3432 § 1, 1983; Ord. 3646 § 2, 1985; Ord. 4094 § 3, 1990; Ord. 4439 §§ 1, 2, 1996; Ord. 4821 § 1, 2006; Ord. 4836 § 45, 2006; Ord. 5264 § 3, 2018; Ord. 5265 § 2, 2018; Ord. 5423 § 8, 2022; Ord. 5443 § 1, 2024)
13.10.315 CA land division criteria.
(A)
All Parcels in the CA Zone District.
(1)
All land divisions of fewer than 20 lots in the CA Zone District shall require a public hearing before the Planning Commission, and land divisions of 20 or more lots require a public hearing before the Board of Supervisors, pursuant to SCCC § 18.10.110 and Chapter 14.01 SCCC, Subdivision Regulations.
(2)
All proposed land divisions within the CA Zone District 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 land divisions shall be permitted in the CA Zone District for the purpose of using the new parcel(s) for nonagricultural uses. Dividing off land which is not usable for agriculture from viable commercial agricultural land is permitted only where the division is for a public purpose, and will not adversely impact commercial agriculture in the area.
(4)
Divisions of land not zoned CA from land zoned CA are governed by SCCC § 16.50.085.
(B)
Type 1 Parcels. The following findings shall be made prior to the approval of any land division in the CA Zone District for land designated as Type 1 land pursuant to Chapter 16.50 SCCC:
(1)
That the resulting parcels are not less than 10 arable acres in size, except for the following:
(a)
The creation of a new parcel no less than one acre in size for an affordable rental farmworker housing (ARFH) project pursuant to SCCC § 13.10.681 may be allowed on Type 1 or 2 agricultural land when necessary to obtain financing for construction of the project. Such a parcel is not required to be of sufficient size to allow for economic farming, and shall not include a condominium map;
(2)
That the division is for exclusively agricultural purposes, which includes the creation of a new parcel for an ARFH project;
(3)
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;
(4)
That the division is necessary for continued commercial agricultural use of the subject parcels. In the event a recorded agricultural preserve (Williamson Act contract), or conservation easement exists on a parcel proposed to be divided under this section, said contract or easement shall constitute evidence of a long-term commitment to continued agricultural use and shall satisfy the requirement for this finding;
(5)
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 ARFH project pursuant to SCCC § 13.10.681, which are not subject to this requirement. Technical reports may be required to confirm the crop types that are suited to a particular soil. With respect to parcels restricted by a Williamson Act contract the finding shall be made either that (a) 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 (b) the owners of all parcels created have recorded an agreement with the County that guarantees the original owner the right to continue to use the newly created parcel for exclusive commercial agricultural uses. Land subject to a Williamson Act contract that 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 Williamson Act contract had the original parcel remained undivided; and
(6)
That no conflicts with adjacent agricultural operations shall result from the division.
(C)
Type 2 Parcels. The following findings shall be made prior to the approval of any land division in the CA Zone District for land designated as Type 2 land pursuant to Chapter 16.50 SCCC:
(1)
That the resulting parcels are not less than 20 arable acres in size, except for the following:
(a)
The creation of a new parcel no less than one acre in size for an ARFH project pursuant to SCCC § 13.10.681 may be allowed on Type 1 or 2 agricultural land when necessary to obtain financing for construction of the project. Such a parcel is not required to be of sufficient size to allow for economic farming, and shall not include a condominium map;
(2)
That the division is for exclusively agricultural purposes, including the creation of a new parcel for an ARFH project;
(3)
That the division will result in agriculturally viable parcels; and
(4)
That no conflicts with adjacent or nearby commercial agricultural uses will result from the division.
(D)
Type 3 Parcels. The following findings shall be made prior to the approval of any parcel division in the CA Zone Districts for land designated as Type 3 land pursuant to Chapter 16.50 SCCC:
(1)
That the resulting parcel sizes are not less than 20 arable acres;
(2)
That the division is necessary for continued commercial agricultural use of the subject parcels;
(3)
That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, adjoining, or nearby parcels;
(4)
That the division is exclusively for agricultural purposes;
(5)
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;
(6)
That no conflicts with adjacent agricultural operations shall result from the division;
(7)
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); and
(8)
That such division will not hamper or discourage long-term commercial agricultural operations.
(Ord. 3432 § 1, 1983; Ord. 3845 § 2, 1987; Ord. 4346 § 9, 1994; Ord. 4836 §§ 46, 47, 2006; Ord. 5321 § 4, 2019; Ord. 5423 § 8, 2022)
13.10.316 Land division criteria in the Agriculture (A) Zone 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/Local Coastal Program Land Use Plan, Chapter 16.50 SCCC, pertaining to protection of noncommercial agricultural land, and Chapter 13.14 SCCC pertaining to rural residential density determinations.
(Ord. 5423 § 9, 2022)
13.10.317 Minimum parcel sizes for lot line adjustments.
The required minimum parcel sizes for lot line adjustments in the CA and A Zoning Districts shall be as follows, based on net site area except as noted:
(A)
A District. For parcels with a General Plan designation of Agriculture (AG), parcels shall not be reduced in size below the minimum size in net developable acres provided by Chapter 13.14 SCCC, Rural Residential Density Determinations. For parcels with a General Plan designation of R-M, the minimum parcel size shall be 10 acres. For parcels with a General Plan designation of R-R, the minimum parcel size shall be two and one-half acres.
(B)
CA District.
(1)
No parcel designated as Type 1—3 agricultural resource land shall be reduced in size by a lot line adjustment, unless it can be demonstrated that the proposed adjustment will not adversely affect the agricultural viability of agricultural land which is located on the subject parcels or on adjacent parcels. The Planning Director may refer the determination of agricultural viability to the Agricultural Policy Advisory Commission.
(2)
Except as provided in subsections (C) and (D) of this section, in no case shall parcels with both a General Plan designation as Agriculture, and designated, all or in part, as Type 1 Agricultural Resource, be reduced to a net site area of less than 10 arable acres; parcels designated, all or in part, as Type 2 or Type 3 Agricultural Resource, shall not be reduced to a net site area of less than 20 arable acres.
(C)
In the A or CA zoning districts, a parcel no less than one acre in size for an affordable rental farmworker housing (ARFH) project pursuant to SCCC § 13.10.631 may be allowed when necessary to obtain financing for construction of the project. Such a parcel shall not include a condominium map.
(D)
Exceptions. Minimum parcel sizes for lot line adjustments in the A and CA zoning districts shall not apply, where:
(1)
The sole purpose and effect of the lot line adjustment is to remedy a driveway encroachment, or a structural encroachment otherwise lawfully developed where the resulting property line meets the required minimum setback or any approved variance therefrom, in which case APAC review is not required; or
(2)
The lot line adjustment results in an equal exchange of land and each resulting parcel and arable land area are the same size after the lot line adjustment as before; APAC review is still required if the area of arable land is reduced on a parcel, in which case APAC review is not required.
(Ord. 5423 § 9, 2022)
13.10.318 Agricultural Policy Advisory Commission review.
Agricultural Policy Advisory Commission (APAC) review, and approval where indicated, shall be required for all of the following development projects having the potential to affect agricultural lands, as designated on the County's Agricultural Resources Map:
(A)
Approval of agricultural buffer setback reduction permits pursuant to SCCC § 16.50.095;
(B)
Lot line adjustments to reduce the size or arable area of a CA zoned parcel, as provided by SCCC § 13.10.317;
(C)
Applications for residential uses requiring a use or site development permit on parcels zoned CA in the Coastal Zone pursuant to SCCC § 13.10.314(B);
(D)
Land divisions on lands designated as Agricultural Resources in the County General Plan;
(E)
Amendments to agricultural resource designations;
(F)
Actions to establish, amend, or cancel Williamson Act contracts;
(G)
Determinations of agricultural viability associated with the conversion of Commercial Agricultural lands (Agricultural Resource Lands) to noncommercial lands, such as a proposal to rezone lands out of the Commercial Agricultural Zone District, or findings of nonviability;
(H)
Any use on Commercial Agricultural Land which requires review by the Planning Commission or Board of Supervisors per SCCC § 13.10.312(D);
(I)
Any other project for which APAC review is required pursuant to the Santa Cruz County Code, General Plan, or other applicable regulations; and
(J)
Matters referred to the APAC by the Board of Supervisors.
(Ord. 5423 § 9, 2022)
13.10.319 Other standards and conditions for agricultural districts.
Other use and development standards applicable to agricultural zone districts include but are not limited to the following provisions of the SCCC:
Table 13.10.319-1: Other Development Standards Applicable in Agricultural Zone Districts | |
|---|---|
Development Standards | SCCC |
Nonconforming uses and structures | 13.10.260 et seq. |
General site standards | 13.10.500—13.10.600 |
Accessory structures, home occupations, weddings and community events, and temporary uses | 13.10.611—13.10.616 |
Use of nondevelopable land | 13.10.671 |
Accessory dwelling units | 13.10.681 |
Design review and site development | Chapter 13.11 |
Parking and circulation | Chapter 13.16 |
Coastal Zone regulations | Chapter 13.20 |
Roadway and roadside improvements | Chapter 15.10 |
Environmental and resource protection restrictions | Title 16 |
Agricultural buffers/setbacks | 16.50.095 |
(Ord. 5423 § 9, 2022)
13.10.321 Purposes of residential districts.
(A)
General Purposes. In addition to the general objectives of this chapter 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 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 to meet the housing needs of the community 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, 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; and
(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 nonurban densities of single-family dwellings in areas outside the urban services line and rural services line; on lands suitable for development with adequate water, septic system suitability, vehicular access, and fire protection; with adequate protection of natural resources; with adequate protection from natural hazards; and where small-scale commercial agriculture, such as animal-keeping, truck farming, and specialty crops, can take place in conjunction with the primary use of the property as residential.
(C)
Specific RR Rural Residential District Purposes. To provide areas of residential use where development is limited to a range of nonurban densities of single-family dwellings in areas having services similar to RA areas, but which are residential in character rather than agricultural due to the pattern of development and use in the area and/or the presence of constraints which would preclude the use of the property for agriculture.
(D)
Specific R-1 Single-Family Residential District Purposes. To provide for areas of predominantly single-family residential development in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services, or are planned for a full range of urban services.
(E)
Specific RB Single-Family Ocean Beach Residential District Purposes. To accommodate single-family dwellings on existing lots of record in the vicinity of the cliffs and the ocean beach; where lots abut on and obtain access from a street which is generally parallel to both the beach and the cliff, and which has an elevation of not more than 20 feet above sea level; and where either the seaward right-of-way line of the street or the seaward boundary line of the lots on the ocean side of the street abut open beachlands which are unobstructed to the mean high tide line.
(F)
Specific RM 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.
(G)
Specific RF Residential Flexible District Purposes. To accommodate a greater intensity of residences along and near public transportation corridors within the County's urban services line, creating opportunities for infill housing available to residents at various income levels and household sizes, including workers, students, singles, and seniors, specifically by encouraging compact attached housing units. Parcels within the RF Zone District shall be located in areas with a full range of urban services and in close proximity to commercial services, schools/colleges, major employment centers, and/or multimodal corridors as mapped in the Santa Cruz County General Plan/Local Land Use Plan.
Ground-floor commercial uses may be appropriate in the RF district if compatible with adjacent land uses.
(Ord. 3432 § 1, 1983; Ord. 3501 § 1, 1984; Ord. 4346 §§ 10, 11, 1994; Ord. 4406 §§ 4, 5, 1996; Ord. 4416 §§ 4, 5, 1996; Ord. 4496-C § 5, 1998; Ord. 5423 § 11, 2022)
13.10.322 Uses in residential districts.
(A)
Allowed Uses. The uses allowed in residential districts shall be as provided in the Residential Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.
(B)
Use Permits. A discretionary approval for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Residential Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a Coastal Development Permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Residential Uses Chart. Allowed uses and permit requirements for residential zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.
KEY: | |
|---|---|
P | Permitted by right: Use is allowed without a use permit. |
ZC | Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required. |
MUP | Minor Use Permit: Discretionary permit, no public notice. |
AUP | Administrative Use Permit: Discretionary permit with public notice. |
CUP | Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified. |
A | Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use. |
NA | Use not allowed in this zone district. |
Table 13.10.322-1: Residential Uses Chart | |||||||
|---|---|---|---|---|---|---|---|
Use | Permit Required by Zone | References and Notes | |||||
RA/ SU | RR | R-1 | RB | RM | RF | ||
Housing—Residential Units | |||||||
Dwelling unit, single-family detached | P | P | P | P | NA* | NA* | *Exception per § 13.10.324(F) (AB803). CUP for units >5,000 sf per § 13.10.324(C). 13.10.700-D |
Dwelling unit, single-family attached | P | P | P | P | P | P | |
Dwelling units, single-family dwelling groups | ZC | ZC | ZC | ZC | NA | NA | |
Dwelling units, multifamily | NA* | NA* | NA* | NA* | P | P | *Exception for duplexes where allowed per CA Gov. Code 65852.1 (SB9) § 13.10.700-D |
Senior rental housing | NA | NA | NA | NA | CUP | CUP | § 13.10.700-S |
Foster home: 7 or fewer children | P | P | P | P | P | P | § 13.10.700-F |
Foster home: 8 or more children | CUP | CUP | CUP | CUP | CUP | CUP | § 13.10.700-F |
Mobile home park | NA | NA | NA | NA | CUP | NA | § 13.10.684 |
Permanent room housing | CUP-PC | CUP-PC | CUP-PC | NA | CUP-PC | NA | § 13.10.425—§ 13.10.428 |
Accessory dwelling unit (ADU) | PA | PA | PA | PA | PA | PA | § 13.10.681 |
Junior ADU | PA | PA | PA | PA | PA | NA | JADU must be associated with a single-family dwelling unit. § 13.10.681 |
Residential accessory structure, habitable and non-habitable | P* | P* | P* | P* | P* | P* | *See § 13.10.611 for when a discretionary permit is required. |
Housing - Institutional and Care Facilities | |||||||
Residential care home (six or fewer residents) | P | P | P | P | P | P | Residential care homes are considered a residential use if less than 7 residents. Larger facilities are commercial. § 13.10.700-R |
Residential care home, (seven or more residents) | CUP | CUP | CUP | CUP | CUP | CUP | |
Skilled nursing facility, residential care facility for the elderly, continuing care retirement community with fewer than 100 occupants, group quarters | CUP | CUP | CUP | NA | CUP | CUP | These are all considered non-residential uses. § 13.10.700-C, § 13.10.700-G, § 13.10.700-R, § 13.10.700-S |
Continuing care retirement community with over 100 occupants | CUP-PC | CUP-PC | CUP-PC | NA | CUP-PC | CUP-PC | |
Residential Units—Commercial Uses (Ancillary to Residential Use) | |||||||
Tract offices | CUP | CUP | CUP | CUP | CUP | CUP | |
Family day care home | PA | PA | PA | PA | PA | PA | Serving up to 14 children (see § 13.10.700-D). Subject to § 13.10.613. |
Home occupations | PA/CUPA | PA/CUPA | PA/CUPA | PA/CUPA | PA/CUPA | PA/CUPA | See § 13.10.613 to determine when a CUP is required. |
Hosted rentals | MUPA | MUPA | MUPA | MUPA | MUPA | MUPA | Hosted rental permit required per § 13.10.694. |
New hosted rental in dwellings with JADUs | AUPA | AUPA | AUPA | AUPA | AUPA | AUPA | Hosted rental permit required per § 13.10.694. |
Non-hosted rentals | AUPA/CUPA | AUPA/CUPA | AUPA/CUPA | AUPA/CUPA | AUPA/CUPA | AUPA/CUPA | AUP for new non-hosted rentals with 3 or fewer bedrooms. CUP for new rentals with 4 or more bedrooms. AUP for renewals. Non-hosted rental permit required per § 13.10.694. |
Visitor Accommodations | |||||||
Bed and breakfast inns, 12 or fewer rooms | CUP | CUP | CUP | NA | CUP | NA | § 13.10.689, § 13.10.691 |
Commercial visitor accommodations, small scale, coastal special community | Chapter 13.20 § 13.10.689 § 13.10.692 | ||||||
New construction | NA | NA | CUP | NA | CUP | NA | |
Conversion of existing structure | CUP | CUP | CUP | NA | CUP | NA | |
Organized camps | CUP-PC | CUP-PC | CUP-PC | NA | CUP-PC | NA | § 13.10.689 |
Commercial Uses | |||||||
Active commercial uses (businesses open to the general public) | Active commercial uses allowed on the ground floor only. Uses may include the following commercial use categories per § 13.10.332(D): eating and drinking; entertainment; fitness and recreation; and neighborhood/community sales and services. | ||||||
≤ 10,000 sf | NA | NA | NA | NA | CUP | CUP | |
> 10,000 sf | NA | NA | NA | NA | NA | CUP-PC | |
Recreation, Events and Community Facilities | |||||||
Clubs, lodges, private meeting halls, and recreational facilities such as golf courses, tennis clubs | In the RF district, must be ancillary to residential use. | ||||||
≤ 10,000 sf | CUP | CUP | CUP | NA | CUP | CUPA | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | NA | CUP-PC | CUP-PCA | |
Commercial weddings and similar celebrations | CUP | CUP | NA | NA | NA | NA | Subject to § 13.10.615. |
Community centers | |||||||
≤ 10,000 sf | CUP | CUP | CUP | NA | CUP | CUP | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | NA | CUP-PC | CUP-PC | |
Open space uses, noncommercial, not involving structures, such as ecological preserves, playgrounds, and unpaved sports fields | P | P | P | P | P | P | |
Parks: local, public, and associated facilities | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | |
Public structures and facilities | |||||||
≤ 10,000 sf | CUP | CUP | CUP | CUP | CUP | CUP | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | |
Religious facilities | |||||||
≤ 10,000 sf | CUP | CUP | CUP | NA | CUP | CUP | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | NA | CUP-PC | CUP-PC | |
Recycling collection facilities, small | MUPA | MUPA | MUPA | MUPA | MUPA | MUPA | Must be associated with a community or public facility, subject to § 13.10.658. No use permit required for reverse vending machines. |
Day care centers | § 13.10.700-D | ||||||
≤ 10,000 sf | CUP | CUP | CUP | NA | CUP | NA | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | NA | |
Schools | CUP | CUP | CUP | NA | CUP | NA | |
Animal Keeping | |||||||
Dogs and cats | P | P | P | P | P | P | Maximum 4 cats or dogs. |
Kennels (5 or more dogs or cats over 4 months old) | CUP | NA | NA | NA | NA | NA | § 13.10.646 |
Small animal keeping | P* | P* | P* | NA | NA | NA | *CUP required to exceed density limits specified in § 13.10.645. § 13.10.700-A |
Large animal keeping | P* | CUP | NA | NA | NA | NA | |
Public stables and riding | CUP | NA | NA | NA | NA | NA | § 13.10.645 |
Bee keeping | P/CUP | P/CUP | NA | NA | NA | NA | P in RA and RR for 2 hives. § 13.10.645 |
Fish hatcheries | CUP | CUP | CUP | NA | NA | NA | |
Agriculture | |||||||
Gardening, family; community garden | P | P | P | P | P | P | § 13.10.700-G |
Agriculture, small scale commercial | PA | CUPA | CUPA | NA | NA | NA | On-site retail such as Christmas tree farms allowed on RA with CUP. § 13.10.324(E) |
Greenhouse | Subject to development standards in § 13.10.323(C). | ||||||
≤ 1,000 sf | P | P | P | P | P | P | |
> 1,000 sf | MUP | MUP | NA | NA | NA | NA | |
Nurseries, commercial | CUP | NA | NA | NA | NA | NA | |
Wineries (<1,000 gallons annual production: home occupation) | P | P | P | P | P | P | § 13.10.613 |
Wineries, small | CUP | CUP | NA | NA | NA | NA | § 13.10.637 |
Wineries, medium | CUP-PC | CUP-PC | NA | NA | NA | NA | |
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC § 13.10.650 (Non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC. | |||||||
Indoor cultivation (including greenhouses): outside coastal zone and 1-mile buffer | Commercial cannabis cultivation not permitted within the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. *: CUP for new structures over 2,000 sf. | ||||||
≤ 2,000 sf | AUPX | NA | NA | NA | NA | NA | |
> 2,000 sf | AUP* | NA | NA | NA | NA | NA | |
Greenhouse replacement, reconstruction, or structural alteration | AUPX | NA | NA | NA | NA | NA | X: CUP for non-Class CG licensed cultivation activities. |
Outdoor cultivation (including hoop houses): outside coastal zone and 1- mile buffer | AUPX* | NA | NA | NA | NA | NA | Commercial cannabis cultivation not permitted within the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. *: CUP for cultivation area > 500 sf. |
Water tank | MUPA | NA | NA | NA | NA | NA | A: Accessory to cannabis cultivation. |
Manufacturing, Class 1 or 2 (outside coastal zone and 1-mile buffer) | CUPA* | NA | NA | NA | NA | NA | Class 1 or 2 manufacturing not permitted within the coastal zone and 1-mile buffer. Class 3 manufacturing not permitted anywhere in residential districts. A: Cannabis manufacturing uses must be ancillary to on-site commercial cannabis cultivation. *: MUP if 0 employees (not including owner), and structure < 2,000 sf, and cannabis is not imported from off site. |
Distribution, Class 1 (outside coastal zone and 1-mile buffer) | Class 1 distribution not permitted within the coastal zone and 1-mile buffer. Class 2 distribution not permitted anywhere in residential districts. A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation. | ||||||
< 2,000 sf | MUPA | NA | NA | NA | NA | NA | |
≥ 2,000 sf | CUPA | NA | NA | NA | NA | NA | |
Distribution, transport only | P | P | P | P | P | P | |
Infrastructure and Utilities | |||||||
Air strips | CUP-PC | CUP-PC | NA | NA | NA | NA | § 13.10.700-A |
Energy cogeneration | MUP | MUP | MUP | MUP | MUP | MUP | § 13.10.700-C |
Utility facility | CUP | CUP | CUP | CUP | CUP | CUP | Includes private and public utilities, and microgrids (see SCCC § 13.10.700-M). |
Wireless communication facilities | ZC P/CUP | ZC P/CUP | ZC P/CUP | ZC P/CUP | ZC P/CUP | ZC P/CUP | Subject to SCCC § 13.10.660 through § 13.10.664, inclusive |
1. Table indicates use permits only. Other discretionary permits may be required. |
(E)
Use Conditions.
(1)
Signage. Signage is allowed, subject to SCCC § 13.10.580, with an MSP for non-residential signage per SCCC § 13.11.037.
(2)
Temporary/seasonal use is allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616.
(3)
Additional conditions for specific uses are found in other code sections as referenced in the Residential Uses Chart.
(Ord. 3432 § 1, 1983; Ord. 3461 § 2, 1983; Ord. 3593 § 4, 1984; Ord. 3632 § 6, 1985; Ord. 3756 § 1, 1986; Ord. 3843 § 3, 1987; Ord. 3895 § 1, 1988; Ord. 3925 § 1, 1988; Ord. 4036 § 4, 1989; Ord. 4097 § 4, 1990; Ord. 4099 § 3, 1990; Ord. 4346 § 12, 1994; Ord. 4457-A §§ 1, 2, 1997; Ord. 4460 § 2, 1997; Ord. 4495 §§ 3–5, 1998; Ord. 4496-C § 6, 1998; Ord. 4577 §§ 2, 3, 1999; Ord. 4641 § 2, 2001; Ord. 4646 § 2, 2001; Ord. 4715 § 2, 2003; Ord. 4727 § 4, 2003; Ord. 4737 § 1, 2003; Ord. 4744 § 2, 2003; Ord. 4751 § 5, 2003; Ord. 4770 § 2, 2004; Ord. 4808 §§ 7, 8, 2005; Ord. 4836 §§ 48–66, 2006; Ord. 4921 § 5, 2008; Ord. 5018 §§ 1, 7, 2008; Ord. 5061 §§ 9–12, 2009; Ord. 5092 § 2, 2011; Ord. 5152 § 3, 2013; Ord. 5229 § 2, 2016; Ord. 5239 § 3, 2017; Ord. 5264 § 4, 2018; Ord. 5265 § 3, 2018; Ord. 5266 § 2, 2018; Ord. 5272 § 3, 2018; Ord. 5305 § 2, 2019; Ord. 5325 § 4, 2020; Ord. 5326 § 4, 2020; Ord. 5334 § 3, 2020; Ord. 5336 § 3, 2020; Ord. 5345 § 2, 2020; Ord. 5365 § 2, 2021; Ord. 5402 § 2, 2022; Ord. 5423 § 11, 2022; Ord. 5439 § 2, 2023; Ord. 5487, 6/10/2025; Ord. 5497, 8/19/2025)
13.10.323 Development standards in residential districts.
(A)
Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080.
(2)
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260 et seq.
(B)
Site Area for the Creation of New Sites.
(1)
Calculation of Land Area. Inside the urban services line or rural services line, land area is based on gross site area, minus any coastal bluffs, beaches, and land seaward of the mean high tide line of Monterey Bay. Outside the urban and rural services lines, land area is based on net developable site area. See SCCC § 13.10.700 for definitions of "site area, gross" and "site area, net developable."
(2)
Maximum Land Area per Dwelling Unit (Minimum Density). Maximum land area allowed for each dwelling unit on a new site shall be determined by the density range provided by the General Plan designation for the parcel.
(3)
Minimum Land Area per Dwelling Unit (Maximum Density).
(a)
RA and RR Residential Districts. Minimum land area required for each dwelling unit on each site shall be established by the rural residential density determination matrix (Chapter 13.14 SCCC) outside the urban services line and rural services line or shall be one acre inside the rural services line.
(b)
R-1 and RM Residential Districts. Zone district names shall be combined with a number which shall indicate the minimum land area required for each dwelling unit on each site in the district. For example: "R-1-6" means a minimum land area of 6,000 square feet per dwelling unit. The R-1 Single-Family Residential District located outside the urban services line recognizes as conforming those parcels that are generally less than one acre in size, are legal lots of record, and were developed with or intended for development of a single-family residence. Newly created parcels outside the urban services line shall not be zoned R-1.
(c)
RB Ocean Beach Residential District. Minimum land area per dwelling unit is 4,000 square feet.
(d)
RF Residential Flex District. Maximum density is 45 dwelling units per acre (968 square feet per dwelling unit).
(4)
Parcel size 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).
(5)
In the zone districts listed in subsections (B)(3)(a) through (d) 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.
(C)
Site and Structural Dimensions Chart. The following single-family and multifamily charts show development standards for residential zone districts. These standards shall apply within all residential R zone districts, except as noted elsewhere in this section, and in the general exceptions as noted in SCCC § 13.10.510 et seq.
Table 13.10.323-1: Single-Family Residential Site and Structural Dimensions Chart | |||||||
|---|---|---|---|---|---|---|---|
Develop-ment Standards | Standards by Zone1,2 | ||||||
RB | R-1-2.5 to R-1-4 | R-1-5 | R-1-6 to R-1-9 | R-1-10 to R-1-15 | R-1-16 to R-1<1 acre | RR, RA, R-1>1 acre | |
Parcel Dimensions (new parcels) | |||||||
Minimum site width (feet) | 40 | 35 | 35 | 60 | 60 | 90 | 1-5 acres: 100 > 5 acres: 150 |
Minimum parcel frontage (feet) | 40 | 35 | 35 | 60 | 60 | 60 | 1-5 acres: 60 > 5 acres: 100 |
Building Massing1 | |||||||
Maximum building height | 25 (17 for beach lots) | 28 | 28 | 28 | 28 | 28 | 28 |
Maximum number of stories | 2 (1 for beach lots) | 2 | 2 | 2 | 2 | 2 | 3 |
Maximum floor area ratio (FAR)3 | 0.5 | R-1-2.5: 0.7 R-1-3: 0.6 R-1-4: 0.6 | 0.5 | 0.5 | 0.5 | NA | NA |
Maximum parcel coverage ("lot coverage") | 40% | 45% | 40% | 40% | 40% | 20% | 10% |
Building Setback Distance From Property line1,4,5 | |||||||
Front yard setback (feet) | 10 | 15 | 15 | 20 | 20 | 20 | 20 |
Side yard setbacks—interior (feet) | 0 & 5 | 5 & 5 | 5 & 8 | 5 & 8 | 10 & 10 | 15 & 15 | 20 & 20 |
Side yard setback—street-facing (feet) | 10 | 8 | 10 | 10 | 10 | 15 | 20 |
Rear yard setback (feet) | 10 (0 for beach lots) | 15 | 15 | 15 | 15 | 15 | 20 |
Front, side, or rear yard setback—garage/carport entrance (feet) | 20 | 18 | 20 | 20 | 20 | 20 | 20 |
1. Building massing and setback standards are provided for primary dwellings. See SCCC § 13.10.611 for development standards for accessory structures, including detached garages. See SCCC § 13.10.681 for development standards for accessory dwelling units (ADUs). |
2. Exceptions to site development standards apply per subsection (E) through (G) of this section. |
3. To calculate FAR, see SCCC § 13.10.510 and § 13.10.700 for "floor area ratio" and related definitions. |
4. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria. |
5. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements. |
Table 13.10.323-2: Multifamily Residential Site and Structural Dimensions Chart | ||||||
|---|---|---|---|---|---|---|
Development Standards | Standards by Zone 1,2 | |||||
RF | RM-1.5 to RM-2.5 | RM-3 to RM-4 | RM-4.5 | RM-5 to RM-6 | RM-6.5 to RM-9 | |
Parcel Dimensions (new parcels) | ||||||
Minimum site width (feet) | 50 | 35 | 35 | 35 | 50 | 60 |
Minimum parcel frontage (feet) | 50 | 35 | 35 | 35 | 50 | 60 |
Building Massing1 | ||||||
Maximum building height | 40 | 28 (outside USL) 35 (within USL) | 28 (outside USL) 35 (within USL) | 28 | 28 | 28 |
Maximum number of stories | 3 | 3 | 3 | 2 | 2 | 2 |
Maximum floor area ratio (FAR)3 | 1.1 (< 30 du/acre) 1.5 (≥30 du/acre) | 0.7 | 0.6 | 0.5 | 0.5 | 0.5 |
Maximum parcel coverage ("lot coverage") | NA | 45% | 45% | 45% | 45% | 45% |
Building Setback Distance from Property Line1,4,5 | ||||||
Front yard setback (feet) | 10 | 15 | 15 | 15 | 20 | 20 |
Side yard setbacks—interior (feet) | 5 & 5 | 5 & 5 | 5 & 5 | 5 & 5 | 5 & 8 | 5 & 8 |
Side yard setback—street (feet) | 8 | 8 | 8 | 8 | 8 | 8 |
Rear yard setback (feet) | 15 | 15 | 15 | 15 | 15 | 15 |
Front, side, or rear yard setback—Garage/carport entrance (feet) | 18 | 18 | 18 | 20 | 20 | 20 |
Third story setback (feet) | Minimum of 50% of exterior walls of the third story set back at least 10 feet from property setback lines | NA | NA | NA | ||
1. Building massing and setback standards are provided for primary dwellings. See SCCC § 13.10.611 for development standards for accessory structures, including detached garages. See SCCC § 13.10.681 for development standards for accessory dwelling units (ADUs). |
2. Exceptions to site development standards apply per subsections (E) through (G) of this section. |
3. To calculate FAR, see SCCC § 13.10.510 and § 13.10.700 for definition of "Floor Area Ratio" and related definitions. See SCCC § 13.10.323(F)(8) for FAR exemption. |
4. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria. |
5. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements. |
(D)
Usable Open Space. In RM and RF Districts, common and private usable open space shall be provided according to the following table:
Table 13.10.323-3: Usable Open Space Requirements | ||
|---|---|---|
Type of Open Space | RM Districts | RF District |
Common open space | Minimum of 200 sf per unit. Minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre. | Minimum 15% of gross site area (common and/or private space). If group open space provided, apply a minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre. |
Private open space (must be directly accessible from the dwelling unit served) | Minimum of 60 sf per unit, with a minimum dimension of 6'. | Minimum of 60 sf per unit for 50% or more of units included in project, with a minimum dimension of 6'. |
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, or service area;
(5)
Shall not have a slope of more than 10 percent; and
(6)
Shall not be obstructed except by improvements that enhance its usability, such as swimming pools, fountains, sunshades, and plantings.
(E)
Site and Structural Dimensions Exceptions Relating to Parcels.
(1)
Parcels Created From New Land Divisions. 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. 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. 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 setback is not less than 15 feet and the street side yard setback 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 Chapter 13.16 SCCC.
(7)
Parcels With Narrow Width. Non-corner parcels with parcel width less than 60 feet may apply side yard setbacks of five feet, if a greater side yard setback is usually required for the zone district where the parcel is located.
(8)
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, the maximum parcel coverage shall be 1.25 times that of the applicable zone district, and 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 and with Chapter 16.42 SCCC.
(9)
Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in an SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.
(F)
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)
Affordable Housing. 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 unit developments built on site or off site in accordance with SCCC § 13.10.681, § 13.10.685 and Chapter 17.10 SCCC.
(3)
Missing Middle Housing.
(a)
Per California Government Code Section 65913.11 (SB 478), certain small housing projects shall have no maximum density and a maximum FAR as follows:
(i)
Three to seven housing units: maximum FAR 1.0.
(ii)
Eight to 10 housing units: maximum FAR 1.25.
(b)
Eligible housing projects for subsection (F)(3)(a) of this section must be located within a Census designated urban area, in the RM or RF Zone District, and not within the "L" combining zone district.
(c)
On sites with multiple parcels, attached single-family homes may be constructed with their attached wall along the property line.
(4)
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 with an MSP issued 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 with an MSP issued 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.
(5)
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 CUP is obtained pursuant to the provisions of SCCC § 13.10.324(C).
(6)
Structures Exceeding Zoning District Height Limit.
(a)
With Increased Yards. An additional height allowance is allowed if all required yards are increased five feet for each foot over the permitted building height, and planning approvals are obtained according to the following table:
Parcel Size (Net Site Area) | Maximum Height Above Existing Grade | Planning Approvals Required |
|---|---|---|
Less than 2-1/2 acres | Over zoning district height limit | AUP |
2-1/2 acres or larger | Over zoning district height, up to 7 additional feet | MUP |
Over zoning district height, over 7 additional feet | AUP |
(b)
With Design Review. An additional height allowance of up to five feet may be allowed without increased yards or variance approval, subject to design review and CUP approval.
(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 (E)(5) of this section, Parcels With Steep Slopes. The required front yard setback for other accessory structures may be reduced as allowed by SCCC § 13.10.611(D).
(8)
FAR Parking Exemption. Within the USL, Residential Flex, RM-1.5 to RM-2.5 and RM-3 to RM-4 projects that incorporate at least 75 percent of parking spaces with underground garages, multi-story above-ground garages, or podium parking located on or off site are not subject to a maximum FAR.
(G)
Additional Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC § 13.10.235), variance (SCCC § 13.10.230), or planned unit development (SCCC § 18.30.183).
(Ord. 3432 § 1, 1983; Ord. 3501 § 2, 1984; Ord. 3593 §§ 5–7, 1984; Ord. 3632 §§ 7, 8, 1985; Ord. 3746 §§ 1–3, 1986; Ord. 4095 §§ 1–6, 1990; Ord. 4097 § 5, 1990; Ord. 4119 § 3, 1991; Ord. 4122 § 3, 1991; Ord. 4159 § 1, 1991; Ord. 4194 §§ 1, 4, 5, 1992; Ord. 4281 § 1, 1993; Ord. 4286 § 2, 1993; Ord. 4312 § 2, 1994; Ord. 4314 § 2, 1994; Ord. 4324A § 1, 1994; Ord. 4346 § 13, 1994; Ord. 4371 § 1, 1995; Ord. 4406 § 6, 1996; Ord. 4416 § 6, 1996; Ord. 4460 § 3, 1997; Ord. 4495 § 6, 1998; Ord. 4496-C §§ 7, 8, 9, 1998; Ord. 4641 § 3, 2001; Ord. 4646 § 3, 2001; Ord. 4727 § 5, 2003; Ord. 4737 § 2, 2003; Ord. 4751 § 6, 2003; Ord. 4782 § 3, 2005; Ord. 4808 §§ 9–16, 2005; Ord. 4836 §§ 67–76, 2006; Ord. 4850 §§ 1, 2, 2007; Ord. 4921 §§ 7, 8, 2008; Ord. 5018 §§ 1, 8–15, 2008; Ord. 5042 §§ 1, 2, 2009; Ord. 5087 §§ 3, 4, 2011; Ord. 5095 § 1, 2011; Ord. 5115 § 1, 2012; Ord. 5119 §§ 17, 18, 2012; Ord. 5124 § 1, 2012; Ord. 5126 § 2, 2012; Ord. 5152 § 4, 2013; Ord. 5181 § 2, 2014; Ord. 5239 §§ 4, 5, 2017; Ord. 5264 §§ 4, 6, 2018; Ord. 5265 §§ 4, 5, 2018; Ord. 5325 §§ 5–7, 2020; Ord 5326 §§ 5–7, 2020; Ord. 5382 § 2, 2021; Ord. 5423 § 11, 2022)
13.10.324 Special standards and conditions for residential districts.
(A)
Design and Operating Criteria for Senior Rental Housing. All provisions of Chapter 13.11 SCCC and SCCC § 13.10.323 shall be met. The design and operation of senior rental housing shall comply with State law.
(B)
Within the Pleasure Point Commercial Corridor Area (Portola Drive between 26th Ave. and 41st Ave., and 41st Ave. between Portola Drive and the Capitola city limit), any parcels rezoned from a commercial to a residential zone district shall continue to be subject to the special standards applicable to properties in the Commercial Corridor provided in SCCC § 13.10.334(D) and follow the guidance provided in Appendix B of the Santa Cruz County Design Guidelines: Design Principles for the Pleasure Point Commercial Corridor.
(C)
Large Dwelling Permit Requirements and Design Guidelines.
(1)
Approvals. No single-family dwelling unit shall be constructed which will result in 5,000 square feet or more of "net floor area," exclusive of accessory structures associated with the residential use, unless a CUP is obtained pursuant to the provisions of this section.
(2)
Findings. All applications subject to this section shall be approved only if at least one of the following findings can be made:
(a)
The proposed structure is compatible with its surroundings given the neighborhood, locational or environmental context and its design is consistent with the large dwelling design guidelines in subsection (C)(4) of this section; or
(b)
The proposed structure, due to site conditions, or mitigation measures approved as part of the application, will be adequately screened from public view and will not adversely impact public viewsheds, neighboring property privacy or solar access, and its design is consistent with the large dwelling design guidelines set forth in subsection (C)(4) of this section. (For structures within the Coastal Zone requiring a coastal development permit, additional findings shall be made pursuant to Chapter 13.20 SCCC.)
(3)
Conditions. Conditions of project approvals made pursuant to this section may include mitigation measures necessary to preserve the neighborhood character in which the proposed structure(s) will be located, to preserve neighboring property privacy or solar access, and/or to screen the structure(s) from the road. Such measures may include, but are not limited to: house and accessory structure re-siting, additional landscape screening and house redesign, including possible reduction in floor area.
(4)
Large Dwelling Design Guidelines. New large dwellings and related accessory structures regulated by this section are subject to the following design guidelines. The intent of these guidelines is to assist the applicant in meeting the requirements of the large dwelling regulations, and to assist the Planning Director and Zoning Administrator in reviewing applications.
Large dwellings and their related accessory structure should be designed so that:
(a)
Changes in the natural topography of the building site are minimized;
(b)
Grading cuts and fills are minimized, and when allowed, are balanced;
(c)
House design and accessory structure horizontal elements follow hillside contours, where applicable;
(d)
Colors and material are used to reduce the appearance of building bulk. Use of earthtone colors is encouraged;
(e)
Building height appearance is minimized by varying the height of roof elements and setting back higher portions of the structure from prominent viewpoints;
(f)
Ridgeline silhouettes remain unbroken by building elements. Building envelopes should be allocated to the lower portions of hillside lots, where feasible;
(g)
The structure(s) is compatible in terms of proportion, size, mass, and height with homes within the surrounding neighborhood;
(h)
Architectural features break up massing. This can be accomplished by varying roof lines, puncturing large wall expanses with bay windows or recessed wall planes, or using a combination of vertical and horizontal architectural elements;
(i)
Landscaping helps blend the structure(s) with the natural environmental setting of the site. This can be done by preserving existing vegetation as much as possible, siting the structure(s) to take advantage of existing trees and land forms, and by planting fast-growing, native landscaping to screen elements visible from viewpoints located off the parcel on which the structure is located;
(j)
The view to adjacent properties is controlled. This can be done by minimizing second-story windows facing close neighboring properties, orienting upper floor balconies and decks toward large yard areas, locating the structure on the site as far from property lines as possible, and using landscaping to enhance privacy; and
(k)
The location of the structure(s) on the site minimizes view blockage within public viewsheds.
(D)
Application of State Density Bonus Law for Affordable Housing. Within the Coastal Zone, the approving body (or the Coastal Commission on appeal) may approve a project that deviates from local coastal program (LCP) requirements (in terms of additional units and/or concessions, waivers, and/or incentives) where such deviations emanate from state density bonus law provisions (Government Code Section 65915), if the following criteria are met:
(1)
The project (including additional units and/or concessions, waivers, and/or incentives) is consistent with Government Code Section 65915; and
(2)
The project is found to be in conformity with all LCP provisions requiring avoidance of significant coastal resource impacts (including but not limited to impacts to sensitive habitat, agriculture, public viewsheds, public recreational access, and open space), where such finding shall be based on an analysis that compares the project (including with any concessions/waivers/incentives and/or increases in otherwise allowable density applied) with an LCP-consistent project (i.e., one without any such deviations applied that meets all LCP requirements) that clearly identifies all LCP deviations, coastal resource impacts associated with such deviations, and affordable housing benefits being provided; and
(3)
The project is found to: (a) encourage housing opportunities for persons of low and moderate income while minimizing deviation from the LCP; and (b) lead to no significant adverse coastal resource impacts.
(E)
Small-Scale Commercial Agriculture in RA, RR, and R-1 Zone Districts. Small-scale commercial agriculture such as crop raising is an allowed use in the RA Zone District, and may be allowed a conditional use permit in the RR and R-1 Zone Districts, when conducted at a scale and in a manner appropriate and secondary to the primary residential use of the parcel and where compatible with nearby residential land uses. Small-scale commercial agriculture is allowed only on sites with an existing residence. Agricultural uses which create hazardous fumes, odors, unsightliness, dust, or noise levels inappropriate to a residential area are not considered small-scale agriculture and are not allowed within residential zone districts. Small-scale commercial agriculture shall be compatible with residential land uses in terms of hours of operation, use of machinery and mechanical equipment, and pesticide usage. Small-scale commercial agriculture with on-site retail sale of products grown or produced on site such as Christmas tree farms or produce stands selling produce grown on site may be considered in the RA zone district only, subject to the approval of a conditional use permit, where the use is found to be compatible with nearby residential uses and other required findings and standards. In the RR and R-1 districts, small-scale commercial agriculture is also considered a home occupation and is therefore subject to SCCC § 13.10.613, Home occupations as secondary uses.
(F)
Small Lot Single-Family Development in RM and RF Zone Districts. Single-family detached development is only allowed in RM and RF Zone Districts per the provisions of California Government Code Section 66499.40 (AB 803).
(Ord. 3432 § 1, 1983; Ord. 3490 § 1, 1984; Ord. 3501 §§ 3–6, 1984; Ord. 3632 § 9, 1985; Ord. 3756 § 2, 1986; Ord. 4097 § 6, 1990; Ord. 4119 §§ 4–7, 1991; Ord. 4122 §§ 4–7, 1991; Ord. 4126 § 3, 1991; Ord. 4133 §§ 2, 6, 1991; Ord. 4159 §§ 2–4, 1991; Ord. 4286 § 1, 1993; Ord. 4312 § 1, 1994; Ord. 4496-C §§ 10, 11, 1998; Ord. 5055 § 2, 2009; Ord. 5119 § 19, 2012; Ord. 5152 § 5, 2013; Ord. 5182 § 5, 2014; Ord. 5202 § 1, 2015; Ord. 5286 § 4, 2018; Res. 79-2019, 2019; Ord. 5423 § 11, 2022; Ord. 5443 § 2, 2024)
13.10.325 Public facilities requirements for residential districts.
(A)
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B)
All requirements of the local sanitation district and water district, or requirements for on-site sanitation and water systems if applicable to the site location, shall be met.
(C)
All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).
(D)
The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For industrial projects of 6,000 square feet or larger, a letter indicating the Transit District's recommendation shall be submitted with the project applications.
(E)
Project features located in the right-of-way, such as street lighting, street trees, and utility poles, shall be designed and constructed per the Santa Cruz County Design Criteria.
(Ord. 4263 § 1, 1993; Ord. 4346 § 14, 1994; Ord. 4496-C § 12, 1998; Ord. 4836 § 77, 2006; Ord. 5423 § 11, 2022)
13.10.326 Other standards and conditions for residential districts.
Other use and development standards applicable to residential districts include but are not limited to the following provisions of the SCCC:
Table 13.10.326-1: Other Use and Development Standards Applicable to Residential Districts | |
|---|---|
Topic | SCCC Section |
Nonconforming uses and structures | 13.10.260, et seq. |
General site standards | 13.10.500—13.10.600 |
Accessory structures, home occupations, weddings and community events, and temporary uses | 13.10.611—13.10.616 |
Use of nondevelopable land | 13.10.671 |
Use of urban open space land | 13.10.672 |
Accessory dwelling units | 13.10.681 |
Design review and site development | 13.11 |
Parking and circulation | 13.16 |
Coastal Zone regulations | 13.20 |
Roadway and roadside improvements | 15.10 |
Environmental and resource protection restrictions | Title 16 |
(Ord. 5423 § 11, 2022)
13.10.327 Two-unit residential developments.
(A)
General Purposes. The purpose of this section is to provide for two-unit residential developments, pursuant to Government Code Section 65852.21. The regulations in this section are promulgated in order to preserve the public health, safety and general welfare of the people and environment of the County of Santa Cruz, and to promote orderly growth and development.
(B)
Definitions. Solely for the purposes of this section, the following words and phrases shall have the following definitions:
(1)
"Census Urban Area"
means an urbanized area or urban cluster, as designated by the United States Census Bureau and as mapped in the County Geographic Information System (GIS).
"Dwelling unit"
shall have the same meaning as defined in SCCC § 13.10.700-D.
"Major transit stop,"
as defined in Public Resources Code Section 21064.3, means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
"Primary dwelling unit,"
means one single-family or multi-family residential unit designated on a single parcel, as described in the definition of "dwelling unit" in SCCC § 13.10.700-D.
(C)
Property Eligibility Requirements.
(1)
An eligible parcel shall be located wholly within a Census Urban Area.
(2)
An eligible parcel shall only be located within the SU, R-1, RA, or RR zone districts. A parcel within the SU zone district must have an underlying single family residential General Plan/Land Use Plan land use designation, including R-MT, R-R, R-S, R-UVL, R-UL, R-UM, or R-UH, to be eligible.
(3)
An eligible site shall not be in:
(a)
Areas identified in Government Code Section 65913.4(a)(6)(B) to (K), inclusive.
(b)
Historic district or property included on the State Historic Resources Inventory or designated or listed as a County historic property or historic district in the County's Historic Resources Inventory.
(c)
Critical fire hazard area, as defined in SCCC § 12.01.040.
(d)
Coastal Hazards Areas, including areas seaward of and on/adjacent to coastal bluffs, except for blufftop properties where proposed residences can meet the 100-year bluff erosion stability setback without reliance on any existing or proposed shoreline armoring.
(e)
Environmentally sensitive habitat areas or their buffers within the Coastal Zone boundary, except for properties where there is a buildable site available outside of such areas and their buffers.
(4)
A parcel located in any of the following areas as identified in the County General Plan/Local Coastal Program or County Code requires sufficient State and local mitigation to be eligible under this section:
(a)
For areas not subject to subsection (C)(3)(d) of this section, geologic hazards, as defined in SCCC § 16.10.040(T). Parcels within geologic hazard areas may be required to provide a geologic hazard assessment pursuant to SCCC § 16.10.050(B).
(b)
Outside of the Coastal Zone, 100-year flood hazard areas and floodways, as defined in Chapter 16.13 SCCC. Parcels within these areas are only eligible if the flood hazards and floodways are mitigated pursuant to Chapter 16.13 SCCC.
(c)
State Response Areas (SRAs), including very high, high, and moderate fire severity zones, as mapped by the California Department of Forestry and Fire Protection (CAL FIRE) and the California Board of Forestry and Fire Protection. Parcels within these areas are only eligible if mitigation is provided in compliance with Government Code Section 65913.4(a)(6)(D) and the parcel is located outside critical fire hazard areas.
(d)
Airport Safety Zones. Parcels within these areas are only eligible if they are compliant with standards and maximum densities established by Chapter 13.12 SCCC.
(e)
Outside of the Coastal Zone, sensitive habitat areas and their buffers shall be protected pursuant to SCCC Title 16. A biotic approval through the biotic review process outlined in Chapter 16.32 SCCC shall be obtained in order to establish appropriate development areas.
(5)
No Ellis Act (Government Code Section 7060 et seq.) evictions(s) have occurred for any existing housing on the parcel in the 15 years prior to submittal of the application.
(6)
An eligible parcel shall be a legal parcel of record created in compliance with the Subdivision Map Act, the LCP, and applicable provisions of the Santa Cruz County Code.
(D)
Project Requirements.
(1)
For two-unit residential development only, the project shall contain no more than two primary residential units on a single parcel, plus accessory dwelling units (ADUs) or junior ADUs (JADUs) consistent with SCCC § 13.10.681. The total number of units (primary units, ADUs and JADUs combined) may not exceed four units on a single parcel. ADUs and JADUs included in two-unit residential development must comply with the County ADU regulations.
(2)
The project will not require demolition or alteration of any of the following types of housing:
(a)
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(b)
Housing that is subject to any form of rent or price control.
(c)
Housing that has been occupied by a tenant (whether rent paying or not) in the last three years.
(3)
All new rental units resulting from any two-unit residential development project shall be rented long term (greater than 30 days).
(E)
Objective Development Standards. Two-unit residential development shall comply with the objective development standards below, except that no standard shall preclude the development of a unit up to 800 square feet. In the event that a standard is reduced, the reduction shall be the minimum required to accommodate the unit.
(1)
Residential Structure Type.
(a)
Attached single-family, detached single-family or multi-family duplex structures are allowed for two-unit residential developments. Duplexes may include either two primary units, or a primary unit and one ADU, or a primary unit and one JADU.
(b)
Mobile homes are allowed for two-unit residential developments compliant with the adopted California Building Code. A mobile home is required to be less than 10 years old and placed on a permanent foundation.
(c)
Tiny homes on wheels (THOW) are allowed for two-unit residential developments as a primary dwelling unit.
(d)
Existing ADUs on a parcel may be converted into a primary dwelling unit. If an ADU is to be converted, the maximum number of two primary dwellings units for a two-unit residential development will be achieved.
(e)
A combination of three or four units, attached or detached, comprised of primary dwellings plus ADUs and JADUs will be allowed for a two-unit residential development.
(2)
Accessory Structures. Habitable and non-habitable accessory structures shall comply with SCCC § 13.10.611.
(3)
Lot Standards.
(a)
For existing development on two-unit residential development applications, existing setbacks may be retained for an existing structure or for a structure reconstructed in the same location and to the same dimensions as an existing structure.
(b)
Front yard setback, height, lot coverage, and floor area ratio shall meet the standards of the zoning district in SCCC § 13.10.323, except as follows:
(i)
The minimum side and rear setbacks are four feet, subject to restrictions of any onsite public utility easements.
(ii)
Pleasure Point Standards. Pleasure Point standards shall apply, except if the required 10-foot second story setbacks are infeasible for an 800 square foot dwelling, the setback may be reduced by the minimum necessary to accommodate the proposed project. Side and rear setbacks for the second story shall be no less than four feet. In the event of a conflict, the standards herein shall prevail.
(4)
Parking Standards.
(a)
One off-street parking space is required per dwelling unit, except as follows:
(i)
If the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Sections 21155 and 21064.3, no parking shall be required.
(ii)
If the parcel is within one block of a car share vehicle rental location, no parking shall be required.
(5)
Two-unit residential development projects shall meet the following buildability criteria:
(a)
All lots shall have a "Will Serve" letter from a water district or mutual water company, or an Individual Water Service Permit issued by the Environmental Health Division of the Health Services Agency for a well or other water source prior to issuance of a building permit as described in the current County Lists of Required Information (LORIs).
(b)
The parcel shall have or qualify for a compliant sewage disposal system, either a septic system sized for the development and approved by the Environmental Health Division of the Health Services Agency, or a sewer connection provided by the wastewater provider, as applicable.
(c)
If units are connected to an onsite wastewater treatment system (OWTS), the OWTS must meet or be upgraded to meet current standards in compliance with Chapter 7.38 SCCC.
(d)
Emergency Vehicle Access. The site access must comply with the fire district access standards applicable to both new and existing roads in SCCC § 7.92.503.2.1.
(e)
Site Safety. The building site shall be free from geologic hazards to the extent that the safety of the proposed development can be ensured. A geological hazards assessment, full geologic report, soils (also called "geotechnical") report, or hydrologic report may be required to assess or address environmental/safety concerns pursuant to Chapter 16.10 SCCC.
(f)
Legal Access. A parcel may not be used as a building site unless it is accessible from a public right-of-way or has legally deeded access.
(g)
Structures shall comply with required setbacks and buffers from environmentally sensitive habitat areas, geologic hazards, agricultural resource lands, and other environmental protection setbacks as specified in SCCC Title 16 or the setbacks established through a biotic report or geological hazards assessment, respectively.
(F)
Application Procedures.
(1)
Two-unit residential development projects shall be approved ministerially if the application complies with the eligibility requirements and objective development standards herein.
(2)
Two-unit residential applications must be approved, or a notice of deficiency sent, within 60 days of receipt of a completed application. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within 60 days.
(3)
Projects in the Coastal Zone.
(a)
Projects located within the Coastal Zone shall require a Coastal Development Permit pursuant to SCCC § 13.20.100, the approval of which is subject to the required findings found in SCCC § 13.20.110, except that no public hearing shall be required to approve said permit.
(b)
Nothing in this chapter shall supersede or in any other way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code) except that the County shall not be required to hold public hearings for coastal development permits for an eligible development pursuant to this section.
(4)
Basis for Project Denial.
(a)
An application for a two-unit residential development shall be denied if any of the following are found:
(i)
The two-unit residential development fails to comply with any objective development standard imposed by this section. Any such requirement or condition that is the basis for denial shall be specified in writing.
(ii)
The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed development would have a specific, adverse impact, as described in Government Code Section 65589.5(d)(2) and further specified in this section, upon the public health and safety, and there is no feasible method to satisfactorily mitigate or avoid that specific, adverse impact.
(iii)
Within the Coastal Zone, the two-unit residential development fails to meet the provisions of this section or the remainder of the certified Santa Cruz County Local Coastal Program.
(Ord. 5464, 12/17/2024; Ord. 5495, 8/19/2025)
13.10.328 Urban lot split.
(A)
General Purposes. The purpose of this section is to provide for urban lot splits, pursuant to Government Code Section 66411.7. These regulations are provided in order to preserve the public health, safety and general welfare of the people and environment of the County of Santa Cruz, and to promote orderly growth and development.
(B)
Definitions.
(1)
"Urban lot split" means a subdivision of a parcel within a "Single-Family Residential" zone district, as defined, into two parcels pursuant to Government Code Section 66411.7.
(2)
See SCCC § 13.10.327(B) for additional definitions relevant to this section.
(C)
Nothing in this section shall be construed to supersede or in any other way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code), except that the County shall not be required to hold public hearings for coastal development permits for an eligible urban lot split pursuant to this section.
(1)
Urban lot splits located within the Coastal Zone shall require a coastal development permit pursuant to SCCC § 13.20.100, the approval of which is subject to the required findings found in SCCC § 13.20.110, except that no public hearing shall be required.
(D)
Additional Eligibility Requirements for an Urban Lot Split.
(1)
The requirements of SCCC § 13.10.327(C) and (D) for two-unit residential developments apply as urban lot split eligibility requirements. Lot splits on parcels requiring mitigation under SCCC § 13.10.327(C)(4) shall identify building footprint areas where adequate mitigation can be implemented.
(a)
Urban lot splits are prohibited in Coastal Hazards Areas, including areas seaward of and on/adjacent to coastal bluffs, except for blufftop properties where proposed building sites can meet the 100-year bluff erosion stability setback without reliance on any existing or proposed shoreline armoring.
(2)
Parcel Map Required. A parcel map is required for all urban lot splits pursuant to Government Code Section 66411.7 and shall comply with parcel map requirements in Chapter 14.01 SCCC.
(3)
No Prior Urban Lot Split. A parcel is only eligible for processing under this section if:
(a)
The parcel has not been established through a prior urban lot split; and
(b)
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.
(4)
Property owners are required to sign an affidavit stating the intent to occupy a unit on one of the lots as their primary residence for a minimum of three years.
(5)
The site plan shall indicate at least one existing legal dwelling unit on the property or one existing dwelling unit under construction (passed first inspection) at the time of application submittal. Documentation of occupancy status of existing structures may be required.
(6)
Both new lots shall be limited to residential uses only.
(7)
Urban lot splits shall allow up to two minimum 800 square foot primary units on each lot created. Existing primary dwelling units are not subject to the 800 square foot provision. An accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) count toward the two-unit total per lot. Units may be attached or detached. An urban lot split may include the development of two primary dwellings per lot or one primary dwelling and one ADU or one primary dwelling and one JADU per lot, or one primary dwelling on one lot and no development on the other lot. A maximum of four total units may result from an urban lot split.
(8)
ADUs and JADUs are subject to SCCC § 13.10.681, except as explicitly provided in SCCC § 13.10.327 or this section.
(9)
No urban lot split shall be allowed that requires a discretionary permit for an exception to objective standards or requires any other discretionary review other than a Coastal Development Permit.
(E)
Objective Development Standards. All urban lot splits shall comply with the objective development standards below, except that no standard shall preclude the development of a unit up to 800 square feet. In the event that a standard is reduced, the reduction shall be the minimum required to accommodate the unit.
(1)
Existing Parcel Size. The area of the existing parcel is 2,400 square feet or more (net developable site area).
(2)
Number of New Parcels. The urban lot split creates no more than two new parcels.
(3)
New parcels shall conform to the following standards:
(a)
The gross site area of the larger parcel shall not be more than 60 percent of the gross site area of the existing parcel.
(b)
In no case shall the net developable site area of the smaller parcel be less than 1,200 square feet.
(c)
Parcels with septic systems shall each comply with gross parcel size pursuant to Chapter 7.38 SCCC.
(4)
The maximum parcel size allowed is 60 percent of the existing parcel's gross site area.
(5)
Any parcel proposed for an urban lot split must itself be a legal parcel of record created in compliance with the Subdivision Map Act, the LCP, and applicable provisions of the Santa Cruz County Code.
(6)
Any urban lot split involving a vacant parcel shall meet the buildability criteria stated in SCCC § 13.10.327(E)(5).
(7)
Lots created by an urban lot split shall allow parking according to the standards requirements in SCCC § 13.10.327(E)(4).
(8)
Access to Public Right-of-way. All newly created parcels shall provide access to, or adjoin, the public right-of-way in a manner sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code Section 503 (Fire Apparatus Access Roads) and California Code of Regulations Title 14, Section 1273.00 et seq.
(a)
Shared Driveways. Driveway access shall meet the applicable fire agency standard, including driveway width, fire turnaround, turning radius, slope, and driveway surface.
(b)
The minimum driveway width shall be 12 feet or the applicable standard of the fire agency having jurisdiction over the property, whichever is greater.
(9)
Setbacks. Lots created by an urban lot split shall allow for structures to meet the lot standards pursuant to SCCC § 13.10.327(E)(3).
(10)
Existing Structure on One Parcel. The proposed lot split shall not result in the splitting of any structure between the two parcels and shall not create a new encroachment of an existing structure over a property line.
(11)
Floor Area and Lot Coverage. Lots created by an urban lot split shall allow for structures to meet the lot standards pursuant to SCCC § 13.10.327(E)(3).
(a)
If application of the zone district standard for lot coverage or FAR would preclude a proposed lot split, the standard may be reduced by the minimum amount necessary to allow development per the land division as determined by the Director of the Community Development and Infrastructure Department or their designee ("Director").
(12)
Compliance with Subdivision Requirements. The parcel map shall satisfy the objective requirements of the Subdivision Map Act and Chapter 14.01 SCCC. Non-title site requirements, disclosures and other information may also be required on the Parcel Map documents by the Director.
(13)
The site plan shall indicate at least one existing legal dwelling unit on the property or one existing dwelling unit under construction (permitted and passed first inspection) at the time of application submittal. The structure shall be final and occupied by the owner prior to map recordation. Documentation of occupancy status of existing structures may be required.
(14)
Any vacant parcel proposed for a two-unit residential development or urban lot split must be a legal lot of record created in compliance with the Subdivision Map Act, the LCP, and Santa Cruz County Code.
(F)
Application Procedures. Urban lot split applications must be approved, or a notice of deficiency sent, within 60 days of receipt of a completed application. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within 60 days.
(G)
Deed Restrictions. Before obtaining building permits, the property owner shall file with the Santa Cruz County Recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
(1)
The primary use of the dwelling units must be residential.
(2)
For an urban lot split with a shared driveway, maintenance and use of the shared driveway must be permanently provided through a reciprocal access easement and maintenance agreement or other comparable mechanism.
(3)
The dwelling unit may not be used for vacation rentals as defined in SCCC § 13.10.700-V.
(4)
Affordable housing impact fees shall apply to projects pursuant to SCCC § 17.10.034.
(5)
The above declarations run with the land and are binding upon all successors in ownership of the property. Lack of compliance shall be cause for code enforcement pursuant to Chapter 19.01 SCCC.
(6)
The deed restriction shall lapse upon removal of all dwelling units established under this section.
(Ord. 5464, 12/17/2024; Ord. 5495, 8/19/2025)
13.10.331 Purposes of commercial districts.
In addition to the general objectives of this chapter, the commercial districts are included in the Zoning Ordinance to achieve the following purposes:
(A)
General Purposes.
(1)
To provide for retail stores, offices, service establishments, recreational establishments, and wholesale businesses offering a range of commodities and services adequate to meet the needs of County residents and visitors.
(2)
To contain commercial facilities in appropriately located areas, enhancing multimodal corridors and activity centers, and providing opportunities for commercial uses to concentrate for the convenience of the public and in mutually beneficial relationships to each other.
(3)
To ensure that commercial facilities and uses are compatible with the level of available public facilities and services, minimizing traffic congestion and preventing the overloading of utilities and public services.
(4)
To ensure that commercial development is compatible with natural resource protection, environmental quality, and the scenic setting of the County.
(5)
To ensure that commercial facilities are constructed and operated such that they are compatible with adjacent development, and that high standards of urban design are maintained, minimizing impacts on residential areas and providing for adequate site layout, protection of solar access to adjacent property, landscaping, sign and building design and size, and on-site parking, loading, and circulation.
(6)
To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses, and from fire, explosion, noxious fumes, and other hazards.
(7)
To provide for residential and public facility uses on commercial properties where these uses contribute to establishing vibrant activity centers, complete neighborhoods, and/or attainable housing, while including an appropriate and viable level of commercial land uses.
(8)
To maximize efficient energy use and energy conservation in commercial uses, and to encourage the use of locally available renewable energy resources.
(B)
Specific C-1 Neighborhood Commercial District Purposes. To provide compact and conveniently located shopping and service uses within walking distance of individual urban neighborhoods or centrally located to serve rural communities. Neighborhood commercial uses and facilities should be small scale, appropriate to a neighborhood service area, with minimal adverse traffic, noise, or aesthetic impacts on the adjacent residential areas. Mixed-use residential and commercial uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. The C-1 District is intended for parcels with a General Plan designation of Neighborhood Commercial (C-N) or Community Commercial (C-C).
(C)
Specific C-2 Community Commercial District Purposes. To provide centers of concentrated commercial uses accommodating a broad range and mixture of commercial activities, serving the general shopping, entertainment, service, visitor, and office needs of community or region-wide service areas. Mixed-use residential and commercial uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. The C-2 District is intended for parcels with a General Plan designation of Community Commercial (C-C).
(D)
Specific VA Visitor Accommodations District Purposes. To provide areas specifically reserved for visitor accommodations and limited appurtenant uses. To allow a broad range of short-term (less than 30 days) lodging options for visitors and to recognize these as commercial uses. The VA District is intended for parcels with a General Plan designation of Visitor Accommodation (C-V) or Community Commercial (C-C).
(E)
Specific CT Tourist Commercial District Purposes. To recognize visitor serving uses such as food services, auto fueling, and visitor accommodations along major transportation corridors or in commercial activity centers. The CT District is intended for parcels with a General Plan designation of Neighborhood Commercial (C-N), Community Commercial (C-C), or Visitor Accommodation (C-V).
(F)
Specific PA Professional-Administrative Office District Purposes. To provide for professional service uses in buffer areas between residential neighborhoods and more intensive commercial or industrial activities, as well as in locations where a demonstrated need for professional services exists, such as medical and employment activity centers.
Mixed-use residential and office uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. Limited sales and customer service uses are appropriate as ancillary to an office or mixed-use development, to meet the daily needs of residents and workers. The PA District is intended for parcels with a General Plan designation of Community Commercial (C-C), Professional and Administrative Office (C-O), or Service Commercial and Light Industrial (C-S).
(G)
Specific C-3 Workplace Flex District Purposes. To provide centers of employment with a flexible mixture of office, retail, research, and light industrial land uses as well as ancillary sales, customer service, and public facilities uses to meet the daily needs of workers. C-3 District parcels should make efficient use of urban infrastructure and should accommodate flexibly built spaces for multiple business types and changing business needs over time. The C-3 District is intended for parcels located along major corridors and in activity centers within the Urban Services Line, with a General Plan designation of Community Commercial (C-C), Professional and Administrative Office (C-O), or Service Commercial and Light Industrial (C-S).
(H)
Specific C-4 Commercial Services District Purposes. To provide for a broad range of commercial services that require large sites and convenient access to highways and other freight corridors. Appropriate C-4 land uses include auto repair; contractors' yards; warehousing and storage; freight terminals; cannabis production, manufacture, and distribution; and outdoor sales facilities, such as nurseries, lumber yards, and boat and auto sales. Commercial recreational uses such as drive-in theaters and indoor arenas are also appropriate. The C-4 District is intended for parcels with a General Plan designation of service commercial and light industrial (C-S), in areas where impacts of noise, traffic, and other nuisances and hazards associated with such uses will not adversely affect other land uses.
(Ord. 3432 § 1, 1983; Ord. 3501 § 7, 1984; Ord. 4346 § 15, 1994; Ord. 4836 § 78, 2006; Ord. 5423 § 12, 2022)
13.10.332 Uses in commercial districts.
(A)
Allowed Uses. The uses allowed in commercial districts shall be as provided in the Commercial Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.
(B)
Use Permits. A discretionary approval for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Commercial Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Master Use Permits. When requested by a property owner, a master use permit may be approved by the Zoning Administrator or Planning Commission, subject to the use permit findings provided in SCCC § 18.10.230.
(a)
Master Use Permit Elements. The master use permit shall establish all allowed uses and shall include provisions for adequate site improvements for each use type. Uses that are allowed by a master use permit shall not require individual use permits unless specified by the conditions of the master use permit.
(b)
Environmental Review. The adoption or amendment of a master use permit is a "project" within the meaning of CEQA and the County Environmental Review Guidelines and is subject to environmental review.
(2)
Change of Use in an Existing Legal Structure in a Commercial Zone District.
(a)
A change of use in an existing legal structure may be approved with a zoning clearance if all the following criteria are met:
(i)
The new use is allowed in the zone district;
(ii)
The new use will not result in an intensification of use;
(iii)
There is a use permit or master use permit for the existing use, and/or the new use is specified for the parcel in a town, village, or specific plan; and
(iv)
The new use would have required an equal or lower level of public notice or hearing than the existing use.
Applicable existing discretionary permits and conditions of approval shall remain in effect for the new use.
(b)
Subsection (B)(2)(a) of this section shall not apply in the C-4 District, except for cannabis uses in the Rodeo Gulch Overlay. All other C-4 uses shall require MUP approval for a change of use.
(c)
In all other circumstances, a new use permit is required as provided in the commercial uses chart, or an amendment to an existing use permit is required as provided in SCCC § 18.10.134.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a Coastal Development Permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Commercial Uses Chart. Allowed uses and permit requirements for commercial zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.
KEY: | |
|---|---|
P | Permitted by right: Use is allowed without a use permit. |
ZC | Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required. |
MUP | Minor Use Permit: Discretionary permit, no public notice. |
AUP | Administrative Use Permit: Discretionary permit with public notice. |
CUP | Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified. |
A | Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use. |
NA | Use not allowed in this zone district. |
Table 13.10.332-1: Commercial Uses Chart | ||||||||
|---|---|---|---|---|---|---|---|---|
Use | Use Permit Required by Zone | References and Notes | ||||||
C-1 | C-2 | VA | CT | PA | C-3 | C-4 | ||
Automobile Fuel and Service Stations | ||||||||
Automobile fueling/service station | CUP | AUP | NA | AUP | NA | NA | AUP | Fuel stations with integrated car washes or auto service repair shops are not allowed in C-1 district. 13.10.657 13.10.700-A |
Car wash | NA | AUP | NA | CUP | NA | NA | AUP | |
Electrical vehicle charging station | P | P | PA | P | PA | PA | P | |
Animal Services | ||||||||
Pet shops and grooming services | AUP | MUP | NA | NA | AUPA | MUPA | AUP | Chapter 6.08 13.10.646 Pet supply shops that do not keep or sell pets are a neighborhood retail use (see "sales and services—neighborhood/ commercial" in this chart). |
Kennel or animal hospital | NA | CUP | NA | NA | NA | NA | CUP | |
Animal shelter | NA | CUP-PC | NA | NA | NA | NA | CUP-PC | |
Veterinary office | CUP | AUP | NA | NA | NA | NA | AUP | |
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC § 13.10.650 (non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC. | ||||||||
Indoor cultivation: existing legal structure | NA | NA | NA | NA | NA | NA | MUPN, RG | N: AUP if adjacent parcel is developed with a residential structure in the PR, A, TP, SU, or any residential zone district. RG: ZC for cultivation in existing non- greenhouse structures in the Rodeo Gulch overlay when in conjunction with distribution/ manufacturing. |
Indoor cultivation: new structure | New structures not allowed in the Coastal Zone and 1- mile buffer. Outdoor or hoop house cultivation not allowed in any commercial district. | |||||||
< 5,000 sf | NA | NA | NA | NA | NA | NA | AUP | |
5,000—20,000 sf | NA | NA | NA | NA | NA | NA | CUP | |
> 20,000 sf | NA | NA | NA | NA | NA | NA | CUP-PC | |
Water tank | NA | NA | NA | NA | NA | NA | MUPA | Accessory to cannabis cultivation. |
Manufacturing, Class 1 or 2: | New structures not permitted in the Coastal Zone and 1-mile buffer. *: Manufacturing is only allowed in conjunction with a licensed dispensary on the parcel, unless exception is granted pursuant to SCCC § 13.10.650(D)(2)(g). RG: ZC for manufacturing in existing structures in the Rodeo Gulch zoning overlay area. | |||||||
< 2,000 sf | NA | AUP* | NA | NA | NA | NA | AUPRG | |
2,000—20,000 sf | NA | CUP* | NA | NA | NA | NA | CUPRG | |
> 20,000 sf | NA | CUP-PC* | NA | NA | NA | NA | CUP-PCRG | |
Manufacturing, Class 3: | New structures not permitted in the Coastal Zone and 1-mile buffer. | |||||||
< 2,000 sf | NA | NA | NA | NA | NA | NA | AUP | |
2,000—20,000 sf | NA | NA | NA | NA | NA | NA | CUP | |
> 20,000 sf | NA | NA | NA | NA | NA | NA | CUP-PC | |
Distribution, Class 1 or 2: existing legal structure | NA | P* | NA | NA | NA | NA | P | *: Distribution is only allowed in the C-2 district in conjunction with a licensed dispensary on the parcel. |
Distribution, Class 1: new structure | New structures not permitted in the Coastal Zone and 1- mile buffer. | |||||||
< 2,000 sf | NA | NA | NA | NA | NA | NA | MUP | |
≥ 2,000 sf | NA | NA | NA | NA | NA | NA | CUP | |
Distribution, Class 2: new structure | New structures not permitted in the Coastal Zone and 1-mile buffer. *: Distribution is only allowed in the C-2 district in conjunction with a licensed dispensary on the parcel. | |||||||
<5,000 sf | NA | AUP* | NA | NA | NA | NA | AUP | |
5,000—20,000 sf | NA | CUP* | NA | NA | NA | NA | CUP | |
>20,000 sf | NA | CUP-PC* | NA | NA | NA | NA | CUP-PC | |
Distribution, transport only | NA | P | NA | NA | P | NA | P | |
Eating and Drinking | ||||||||
Bar/nightclub | CUP | AUP | AUPA | AUP | NA | AUPA | NA | 13.10.332(E)(3) 13.10.654 13.10.700-B, 13.10.700-D, 13.10.700-W Alcohol production in C-1 and CT zone districts limited to <30,000 gallons wine/spirits or <6,000 barrels beer. |
Brewery/brewpub/ winery/distillery | CUP | AUP | CUPA | CUP | NA | AUP | AUP | |
Tasting room | AUP | AUP | AUPA | AUP | CUPA | MUPA | MUP | |
Food truck | P | P | P | P | P | P | P | See Environmental Health Services Mobile Food Facility Health Permit requirements. |
Dining establishment—indoor (restaurant, coffee shop, cafe, food kiosk, fast food, specialty food such as bakery, deli, ice cream shop) | Walk-up windows for take-out orders are allowed. MUP/AUP required to add outdoor dining per SCCC § 13.10.332(E)(4). Within 200 feet of school site or residential district, AUP required to add beer and wine service to a dining establishment (CUP required to add a full bar). 13.10.652; 13.10.654 | |||||||
≥ 12 seats | ZC | ZC | ZCA | ZC | MUPA | MUPA | MUPA | |
> 12 seats | AUP | AUP | AUPA | AUP | AUPA | AUPA | AUPA | |
Entertainment, Fitness and Recreation | ||||||||
Entertainment—Indoor (theater, billiard hall, games establishment) | Chapter 5.16 Chapter 8.20 13.10.654 13.10.700-G | |||||||
≤ 10,000 sf | CUP | MUP | AUPA | AUPA | NA | NA | AUP | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | NA | NA | CUP-PC | |
Fitness—Indoor (gym, club, exercise studio) | MUP for businesses <2,000 sf. See SCCC § 13.10.623(G) regarding massage/bath. | |||||||
≤ 10,000 sf | AUP | MUP | AUPA | AUPA | AUPA | AUPA | AUP | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | |
Recreational facility—outdoor (fairgrounds, sports courts and fields, golf course, flea market, mini-golf, amusement park, public pool) | NA | CUP-PC | NA | NA | NA | NA | CUP/CUP-PC | Pools are permitted by right as an ancillary use to visitor accommodations. 13.10.652 13.10.654 CUP-PC required for structures over 10,000 square feet |
Instructional studio (art, dance, music) | Permitted by right for businesses <2,000 sf in C-1, C-2, PA, or C-3 zone districts. | |||||||
10,000 sf | AUP | MUP | NA | NA | MUPA | MUPA | AUP | |
> 10,000 sf | CUP-PC | CUP-PC | NA | NA | CUP-PC | CUP-PC | CUP-PC | |
Open space uses (picnic facilities, playgrounds, trails, open space) | AUP | AUP | PA | P | PA | NA | NA | No permanent structures allowed for open space uses. |
Private club or lodge | ||||||||
≤ 10,000 sf | AUP | MUP | AUPA | AUPA | AUP | AUP | NA | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | NA | |
Spa/massage (bath, sauna, non-medical massage establishment) | Chapter 5.08 13.10.623 | |||||||
≤ 10,000 sf | CUP | AUP | AUPA | AUPA | CUPA | AUP | AUP | |
> 10,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | |
Tourist services (information, tickets) | MUP | MUP | MUP | MUP | NA | NA | NA | 13.10.700-T |
Offices and Laboratories | ||||||||
General office (finance, real estate, insurance, and other professional services) | P | P | PA | NA | P | P | AUPA | Includes standard offices as well as creative office types such as co-working spaces, business incubators, and broadcast stations. |
Medical office—Individual practitioner | P | P | NA | NA | P | P | NA | Includes physicians and alternative medicine practitioners (excluding massage parlors but including massage for physical therapy). |
Medical office/clinic (no ambulance service or overnight stay) | AUP | MUP | NA | NA | MUP | MUP | NA | CUP-PC for ambulance service or overnight stay. Full-service hospitals are appropriate in the PF zone district (see SCCC § 13.10.361 et seq.). |
Medical mixed-use | NA | CUP-PC | NA | NA | CUP-PC | NA | NA | 13.10.334(B), 13.10.365(B) |
Research and development laboratory—Dry | AUPA | PA | NA | NA | MUP | MUP | MUP | 13.10.700-L |
Research and development laboratory—Wet | NA | AUPA | NA | NA | MUP | P | AUP | 13.10.700-L |
Sales and Services—Neighborhood/Community | ||||||||
Adult uses | NA | CUP | NA | NA | NA | NA | CUP | 13.10.621, 13.10.622, 13.10.623 13.10.652 13.10.654 |
ATM (outdoor) | MUP | MUP | MUP | MUP | MUP | MUP | MUP | No use permit required for indoor ATM. 13.10.652 |
Bank or credit union | MUP | MUP | NA | NA | MUP | MUPA | NA | 13.10.652 |
Cannabis dispensaries | NA | NA | NA | NA | NA | NA | NA | New dispensaries are not allowed. Existing dispensary licenses may be renewed. 7.130; 13.10.652 |
Household services (repair shop, tech support, copy/print shop, tailor, dry cleaner, laundromat) | MUP | P | NA | NA | PA | PA | MUPA | Permitted by right for businesses < 2,000 sf in C-1 zone district. |
Liquor store | CUP | AUP | NA | NA | NA | AUPA | AUP | An AUP is required to add a tasting area to a liquor store. 13.10.654; 13.10.657 |
Personal services (barber shop, beauty salon, tattoo parlor, nail salon) | MUP | P | MUPA | MUPA | PA | PA | PA | Permitted by right for businesses <2,000 sf in C-1 zone district. |
Recycling collection facility, small | MUPA | MUPA | MUPA | MUPA | MUPA | MUPA | MUPA | Reverse vending machines do not require use permits. 13.10.658; 13.10.700-R |
Retail—Community (department/big box store, home and garden, nursery, auto supplies, office/ technology products) | Permitted by right for businesses <2,000 sf in C-1 zone district. Outdoor sales/services not allowed in C-1. 13.10.652 | |||||||
≤ 50,000 sf | AUP | MUP | NA | NA | NA | NA | AUP | |
> 50,000 sf | CUP-PC | CUP-PC | NA | NA | NA | NA | CUP-PC | |
Retail—Neighborhood (convenience store, grocery/supermarket, hardware store, pharmacy, shop, boutique, gallery) | Permitted by right for businesses <2,000 sf in C-1 zone district. Supermarket size limited to 20,000 sf in the C-1 zone district. 13.10.652 | |||||||
≤ 50,000 sf | MUP | P | MUPA | AUP | MUPA | PA | NA | |
> 50,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | NA | |
Retail—Recreational sales and rentals (bikes, surf gear, etc.) | ||||||||
≤ 50,000 sf | AUP | MUP | AUPA | AUP | AUPA | MUP | MUP | |
> 50,000 sf | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | |
Sales and Services—Requiring Large Sites, Truck Traffic, Vehicle Storage | ||||||||
Automobile sales or rental | NA | CUP-PC | NA | NA | NA | NA | CUP | Includes cars, motorcycles, light trucks, trailers/RVs. 13.10.652 |
Automobile repair or specialty shop | NA | CUP-PC | NA | NA | NA | CUP | AUP | 13.10.652 13.10.700-A |
Agricultural service establishment | NA | NA | NA | NA | NA | NA | AUP | 13.10.700-A |
Boat services (boat sales, rentals, repair, building, launching and storage; commercial fishing) | NA | NA | NA | NA | NA | NA | CUP | For recreational watercraft rentals such as kayaks, see "retail—recreational sales and rentals." |
General commercial services (auction houses, catering, industrial printing, industrial dry cleaners, machine shops, wholesale distributors, online merchandise show- rooms and pick-up) | NA | CUP | NA | NA | NA | MUP | MUP | For general services less than 10,000 sf with minimal truck traffic or vehicle storage, see "household services." See 13.10.652, 13.10.653 |
Hand-made product fabrication and sale (textiles, clothing, furniture, welding) | AUP | MUP | NA | NA | NA | MUP | MUP | Includes cooperative "maker" spaces. Maximum size 5,000 square feet in C-1. |
Light industrial uses (not otherwise listed in commercial uses chart) | NA | NA | NA | NA | NA | See M-1 Use Chart | See M-1 Use Chart | See SCCC § 13.10.342 for M-1 use chart. Uses are subject to SCCC § 13.10.345. |
Recycling collection facility, large | NA | NA | NA | NA | NA | NA | CUP | 13.10.658 13.10.700-R |
Storage—Indoor (self-storage, warehousing) | NA | NA | NA | NA | NA | NA | MUP | |
Storage—Outdoor (RV/auto storage, salvage yards, contractor yards, machinery storage) | NA | NA | NA | NA | NA | NA | AUP | For outdoor storage associated with other types of businesses, see SCCC § 13.10.332(C)(2). |
Taxi company | AUP | AUP | NA | NA | NA | AUPA | AUP | Includes rideshare and self-driving vehicles. Five-vehicle maximum in C-1 zone district. |
Visitor Accommodation | ||||||||
Time shares | NA | NA | NA | NA | NA | NA | NA | 13.10.693 |
Type A visitor accommodation (hotels, motels, bed and breakfast inns) | CUP | CUP | AUP | CUP | NA | NA | NA | 13.10.689 13.10.691 |
Type B visitor accommodation (hostels; RV camping parks; tent- camping parks) | NA | NA | AUP | CUP | NA | NA | NA | 13.10.689 |
(organized camps and conference centers) | NA | NA | CUP-PC | CUP-PC | NA | NA | NA | 13.10.692 |
PUBLIC AND QUASI-PUBLIC USES | ||||||||
Community Services and Facilities | ||||||||
Community center or service organization (spaces and programs open to the public) | ||||||||
≤ 10,000 sf | CUP | AUP | NA | NA | CUP | CUP | NA | |
> 10,000 sf | CUP-PC | CUP-PC | NA | NA | CUP-PC | CUP-PC | NA | |
Community garden/ urban agriculture | AUP | MUP | NA | NA | AUPA | NA | MUP | Allowed as a temporary use in any commercial zone district. Does not include cannabis cultivation (see "Cannabis" section of this chart). |
Conference facility/ auditorium/event hall | 13.10.689 | |||||||
≤ 10,000 sf | NA | AUP | AUPA | AUPA | CUP | AUP | NA | |
> 10,000 sf | NA | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | NA | |
Day care center | Does not include family day care homes (see "Commercial Uses within Dwelling Units"). 13.10.700-D | |||||||
≤ 10,000 sf | AUP | MUP | NA | NA | AUP | AUPA | CUP | |
> 10,000 sf | CUP-PC | CUP-PC | NA | NA | CUP-PC | CUP-PC | CUP-PC | |
Employment training/ services, day worker center | ||||||||
≤ 10,000 sf | NA | MUP | NA | NA | AUP | MUP | MUP | |
> 10,000 sf | NA | CUP-PC | NA | NA | CUP-PC | CUP-PC | CUP-PC | |
Farmer's market or other regular community event | AUP | AUP | AUP | AUP | AUP | AUP | AUP | |
Fire or police station, ambulance service | CUP | CUP | NA | NA | NA | CUP | CUP | |
Funeral/burial services (funeral home, columbarium, crematory, cemetery) | CUP | CUP | NA | NA | NA | NA | AUP | |
Library | ||||||||
≤ 10,000 sf | AUP | P | NA | NA | MUP | MUP | NA | |
> 10,000 sf | CUP-PC | CUP-PC | NA | NA | CUP-PC | CUP-PC | NA | |
Museum | CUP-PC | CUP-PC | NA | NA | CUP-PC | CUP-PC | NA | |
Religious institution | ||||||||
≤ 10,000 sf | AUP | AUP | NA | NA | AUP | AUP | NA | |
> 10,000 sf | CUP-PC | CUP-PC | NA | NA | CUP-PC | CUP-PC | NA | |
Public restrooms | P | P | P | P | P | P | P | |
School | AUP | AUP | NA | NA | AUP | AUP | CUP | For instructional studios, see "Entertainment, Fitness, and Recreation" section. |
Infrastructure and Utilities | ||||||||
Energy cogeneration | MUP | MUP | MUP | MUP | MUP | MUP | MUP | 13.10.700-C |
Parking for off-site uses | MUP | MUP | MUPA | MUP | MUP | MUP | MUP | Stand-alone parking lots in the C-1 district limited to a footprint of 10,000 square feet. |
Transit station | CUP-PC | CUP | CUP | CUP | CUP | AUP | AUP | |
Utility facility | CUP | CUP | CUP | CUP | CUP | CUP | AUP | Includes private and public utilities and microgrids (see SCCC § 13.10.700-M). |
Wireless communication facilities | ZC P/CUP | ZC P/CUP | ZC P/CUP | ZC P/CUP | ZC P/CUP | ZC P/CUP | ZC P/CUP | Subject to SCCC § 13.10.660 through § 13.10.664, inclusive |
HOUSING | ||||||||
Housing—Institutional and Care Facilities | ||||||||
Skilled nursing facility, residential care facility for the elderly, continuing care retirement community with less than 100 occupants, health care facility | CUP | CUP | NA | NA | CUP | NA | NA | 13.10.700-C, 13.10.700-R, 13.10.700-S |
Continuing care retirement community with over 100 occupants | CUP-PC | CUP-PC | NA | NA | CUP-PC | NA | NA | |
Residential care home serving 6 or fewer residents | P | P | P | P | P | P | P | 13.10.700-R |
Housing—Residential Units | ||||||||
Accessory dwelling units (ADUs) and Junior ADUs | PA | PA | NA | NA | PA | NA | NA | 13.10.681 |
Dwellings (single or multifamily) | Residential use may be up to 80% of building square footage at a base density of up to 45 units/acre. Exception for parcels that meet the requirements of CA Gov. Code § 65852.24. 13.10.334(A) | |||||||
1—14 units | CUP | CUP | NA | NA | CUP | NA | NA | |
15+ units | CUP-PC | CUP-PC | NA | NA | CUP-PC | NA | NA | |
Senior Rental Housing | CUP-PC | CUP-PC | NA | NA | CUP-PC | NA | NA | 13.10.700-S |
Employee housing | NA | NA | PA | PA | NA | NA | NA | Allowed with Type B visitor accommodation only, subject to SCCC § 13.10.689. |
Manager's unit | NA | NA | PA | PA | NA | AUPA | AUPA | Limit of one, ancillary to commercial use. On-site manager must be under a contract describing compensation and duties. No other live/work use allowed. |
Permanent room housing | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | CUP-PC | Coastal Zone VA- and CT-zoned parcels are not eligible for PRH. 13.10.425—13.10.428 |
Residential Units—Commercial Uses (Ancillary to Residential Use) | ||||||||
Family day care home | PA | PA | NA | NA | PA | NA | NA | Serving up to 14 children (see SCCC § 13.10.700-D). § 13.10.613 |
Home occupations | PA/CUPA | PA/CUPA | NA | NA | PA/CUPA | NA | NA | May include cottage industry. See SCCC § 13.10.613 to determine when a CUP is required. § 13.10.700-C |
Hosted rentals | MUPA | MUPA | NA | NA | MUPA | NA | NA | Hosted rental permit required; non-hosted rentals are not allowed per SCCC § 13.10.694. |
New hosted rental in dwellings with JADUs | AUPA | AUPA | NA | NA | AUPA | NA | NA | Hosted rental permit required per SCCC § 13.10.694. |
1. Table indicates use permits only. Other discretionary permits may be required. |
(E)
Use Conditions.
(1)
Amplified Entertainment. A CUP is required for outdoor amplified entertainment.
(2)
Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.
(a)
Twenty-four-hour outdoor ATMs attached to banks, credit unions, or grocery stores shall not be subject to a CUP if the following criteria are met:
(i)
Safety lighting is screened so as not to cast direct light on any dwelling unit; and
(ii)
Physical maintenance of the ATM is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.
(3)
Outdoor Dining/Seating. Permanent (long-term) outdoor seating is allowed subject to an MUP to add 12 or fewer seats or an AUP to add more than 12 seats. Outdoor seating includes outdoor dining as well as other uses such as seating in common plaza areas, or outdoor exercise equipment for a fitness facility. Conditions of approval for outdoor seating must ensure public health and safety, including but not limited to: standards from the Americans with Disabilities Act; adequate alternate parking arrangements if parking spaces will be lost to outdoor seating; and permit requirements from other agencies as needed, such as: the County Department of Public Works; County Health Services Agency; County Department of Parks, Open Space and Cultural Services; Sheriff's Office; County Fire Districts; California Department of Alcoholic Beverage Control; or California Department of Motor Vehicles. Temporary outdoor seating may be approved with a temporary use permit, subject to SCCC § 13.10.616.
(4)
Outdoor Storage. Outdoor storage of stock-in-trade outside the C-4 zone district is allowed subject to an AUP; provided, that the storage area is adequately screened from view from adjacent parcels.
(5)
Signage. Signage may be required or allowed per SCCC § 13.10.581. New signage associated with a master use permit is allowed by right. New signage not associated with a master use permit requires an MSP per SCCC § 13.11.037.
(6)
Temporary/seasonal use, including temporary outdoor seating, may be allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616.
(7)
Additional conditions for specific commercial uses are found in SCCC § 13.10.600, et seq., and other sections of the County Code as referenced in the Commercial Uses Chart.
(Ord. 3432 § 1, 1983; Ord. 3588 § 5, 1984; Ord. 3593 § 8, 1984; Ord. 3632 § 10, 1985; Ord. 3669 § 1, 1985; Ord. 3767 § 1, 1986; Ord. 3843 §§ 1, 2, 1987; Ord. 3943 § 1, 1988; Ord. 3965 § 1, 1988; Ord. 4217 § 2, 1992; Ord. 4285 § 1, 1993; Ord. 4346 § 16, 1994; Ord. 4426 §§ 1, 2, 1996; Ord. 4496-C §§ 13–20, 1998; Ord. 4525 §§ 5, 6, 1998; Ord. 4577 § 4, 1999; Ord. 4715 § 4, 2003; Ord. 4744 § 4, 2003; Ord. 4770 § 4, 2004; Ord. 4808 § 17, 2005; Ord. 4814 § 2, 2006; Ord. 4836 §§ 79–84, 2006; Ord. 4921 § 8, 2008; Ord. 5061 § 13, 2009; Ord. 5090 § 2, 2011; Ord. 5119 §§ 20–22, 2012; Ord. 5169 § 4, 2013; Ord. 5266 § 3, 2018; Ord. 5272 § 4, 2018; Ord. 5302 § 2, 2019; Ord. 5305 § 3, 2019; Ord. 5325 § 8, 2020; Ord. 5326 § 8, 2020; Ord. 5334 § 4, 2020; Ord. 5336 § 4, 2020; Ord. 5346 § 1, 2020; Ord. 5366 § 1, 2021; Ord. 5402 § 3, 2022; Ord. 5423 § 12, 2022; Ord. 5439 § 3, 2023; Ord. 5497, 8/19/2025)
13.10.333 Development standards in commercial districts.
(A)
Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080.
(2)
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260, et seq.
(B)
Site and Structural Dimensions Chart. The following development standards shall apply within all commercial zone districts, except as noted elsewhere in this section and in the general exceptions as noted in SCCC § 13.10.510, et seq.
Table 13.10.333-1: Commercial Site and Structural Dimensions Chart | |||||||
|---|---|---|---|---|---|---|---|
Development Standards | Standards by Zone1 | ||||||
C-1 | C-2 | VA | CT | PA | C-3 | C-4 | |
PARCEL SIZE AND SHAPE (NEW PARCELS) | |||||||
Minimum gross site area per parcel (square feet) | 5,0002 | 10,000 | 10,000 | 10,000 | 7,500 | 10,000 | 10,000 |
Minimum parcel frontage (feet) | 40 | 50 | 50 | 50 | 50 | 60 | 60 |
BUILDING MASSING | |||||||
Maximum building height | 3 stories (40 feet) | 3 stories (40 feet) | 3 stories (40 feet) | 3 stories (40 feet) | 3 stories (40 feet) | 3 stories (50 feet) | 3 stories (40 feet) |
Minimum first story floor-to-ceiling height (feet) | 15 | ||||||
Maximum FAR5 | 1.5 | 1.5 | 1.5 | 1.5 | 1.5 | 1.5 | 1.0 |
BUILDING SETBACK DISTANCE FROM PROPERTY LINE1,3,4 | |||||||
Front yard setback (feet) | 10 | 10 | 10 | 10 | 10 | 10 | 10 |
Side yard setback (feet) | 0 | 0 | 10 | 0 | 0 | 5 | 0 |
Side yard setback, corner lot street side (feet) | 0 | 0 | 10 | 0 | 10 | 10 | 0 |
Rear yard setback (feet) | 0 | 0 | 10 | 0 | 5 | 5 | 0 |
Notes: |
|---|
1. Special setbacks may apply per subsection (C) of this section, and exceptions to site development standards may be considered per subsection (D) of this section. Certain land uses may have special development standards per SCCC § 13.10.334 and § 13.10.600, et seq. |
2. In the C-1 district, parcels smaller than 5,000 square feet are allowed if it can be demonstrated that parking requirements can be met with off-street parking located on or off site. |
3. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and Department of Public Works Design Criteria. |
4. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements. |
5. See SCCC § 13.10.334(E) for FAR parking exemption. |
(C)
Setbacks in Sensitive Locations.
(1)
Parcels abutting agricultural uses: see Chapter 16.50 SCCC regarding setback/buffer requirements.
(2)
Parcels abutting residential or non-commercial agricultural zone districts:
(a)
Abutting an RM or RF District. The minimum side or rear yard abutting an RM or RF district shall be 10 feet, except in the C-4 district where this setback shall be 30 feet.
(b)
Abutting an R-1 or A District. The minimum side or rear yard abutting an R-1 or A district shall be 15 feet, except in the C-4 district where this setback shall be 30 feet.
(c)
Third Floor Setbacks. Minimum 50 percent of third floor exterior walls must be set back an additional 10 feet from the front, side, and rear yard setback lines.
(3)
Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in a SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.
(D)
Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC § 13.10.235), variance (SCCC § 13.10.230), or planned unit development (SCCC § 18.30.183).
(Ord. 3432 § 1, 1983; Ord. 3501 § 8, 1984; Ord. 4217 § 3, 1992; Ord. 4314 § 3, 1994; Ord. 4346 § 17, 1994; Ord. 4496-C § 21, 1998; Ord. 4836 § 85, 2006; Ord. 5171 §§ 1, 2, 2014; Ord. 5325 §§ 9–11, 2020; Ord. 5326 §§ 9–11, 2020; Ord. 5423 § 12, 2022)
13.10.334 Special standards and conditions for commercial districts.
(A)
Mixed-Use Residential and Commercial Developments.
(1)
Density. Base residential density shall not exceed 45 dwelling units per acre, calculated using gross site area.
(a)
Residential Density Bonus. Projects incorporating affordable housing units may be allowed additional density per Chapter 17.12 SCCC.
(b)
Within the Coastal Zone, the approving body (or the Coastal Commission on appeal) may approve additional units under density bonus provisions if the following criteria are met:
(i)
The additional units are consistent with Coastal Act Section 30604(f), Government Code Section 65915, and Chapter 17.12 SCCC; and
(ii)
The project is found to be in conformity with the Local Coastal Program provisions that ensure no impact on coastal resources (including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access, and open space protections).
(2)
Open Space. Minimum 50 square feet open space per dwelling. Open space may be provided through any combination of private and common open space. A minimum of 50 percent of the units included in the project must provide private open space accessed through unit. Minimum private open space dimensions: six by six feet. Minimum usable/active common open space dimensions: 15 by 10 feet.
(3)
Setbacks. Side and rear setbacks shall be five feet, unless larger setbacks are otherwise required.
(B)
Hospitals and Mixed-Use Medical Developments. Within the urban services line, hospital and mixed-use medical developments may be eligible for special use and development standards as provided in SCCC § 13.10.364(B). Commercial FAR limitations shall not apply to eligible projects.
(C)
Active Commercial Corridors. On parcels in the C-1 and C-2 Zone Districts, at least 50 percent of first floor building frontage along main streets, active connector streets, or multimodal corridors (as mapped in the Santa Cruz County General Plan) shall be active commercial uses (businesses open to the general public).
(D)
Pleasure Point Commercial Corridor. On commercially zoned parcels located along the mapped Pleasure Point commercial corridor (Portola Drive between 26th Ave. and 41st Ave., and 41st Ave. between Portola Drive and the Capitola city limit), development shall follow the guidance provided in the Santa Cruz County Design Guidelines Appendix B: Pleasure Point Commercial Corridor Design Guidelines. The following special development standards shall apply:
(1)
Maximum 20,000 square feet for individual tenant spaces;
(2)
Third stories must be located toward the middle of a parcel or site, with one- and two-story street-facing building facades;
(3)
Height exceptions or variances are not allowed; and
(4)
Setbacks.
(a)
Minimum street-facing setbacks: Where there is not a conflict with other development standards, buildings must allow for minimum 10-foot sidewalks facing the commercial corridor, and minimum six-foot sidewalks along side streets, taken from private property area if necessary;
(b)
Maximum street-facing setbacks: 20 feet from edge of sidewalk for ground floor sales, service, restaurant, or office uses. Thirty feet from edge of sidewalk for ground floor residential uses or outdoor dining; and
(c)
Parcels abutting residential zone districts: minimum setback of 30 feet for commercial buildings, 20 feet for residential buildings, with third stories set back an additional five feet.
(E)
FAR Parking Exemption. Commercial and mixed-use projects that incorporate at least 75 percent of parking spaces with underground garages, multi-story above-ground garages, or podium parking located on or off site are not subject to a maximum FAR.
(F)
Accessory Dwelling Units. ADUs shall be subject to the use and development standards in SCCC § 13.10.681. Where there are conflicts between this section and SCCC § 13.10.681, SCCC § 13.10.681 shall take precedence.
(Formerly 13.10.335; Ord. 3432 § 1, 1983; Ord. 3843 § 4, 1987; Ord. 3994, 1989; Ord. 4346 §§ 19–21, 1994; Ord. 4496-C §§ 22, 23, 1998; Ord. 5171 § 3, 2014; Ord. 5423 § 12, 2022)
13.10.335 Public facilities requirements for commercial districts.
(A)
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B)
All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.
(C)
All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).
(D)
The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For industrial projects of 6,000 square feet or larger, a letter indicating the Transit District's recommendation shall be submitted with the project applications.
(Formerly 13.10.334; Ord. 4263 § 2, 1993; Ord. 4346 § 18, 1994; Ord. 5423 § 12, 2022)
13.10.336 Other standards and conditions for commercial districts.
Other use and development standards applicable to commercial zone districts include but are not limited to the following provisions of the SCCC:
Table 13.10.336-1: Other Use and Development Standards Applicable to Commercial Districts | |
|---|---|
Topic | SCCC Section |
Nonconforming uses and structures | 13.10.260, et seq. |
General site standards | 13.10.500—13.10.600 |
Regulations for special commercial uses | 13.10.600—13.10.700 |
Design review and site development | 13.11 |
Parking and circulation | 13.16 |
Coastal Zone regulations | 13.20 |
Roadway and roadside improvements | 15.10 |
Environmental and resource protection restrictions | Title 16 |
(Ord. 5423 § 12, 2022)
13.10.341 Purposes of industrial districts.
In addition to the general objectives of this chapter, the M Industrial Districts are included in the Zoning Ordinance to achieve the following purposes:
(A)
General Purposes.
(1)
To reserve appropriately located areas for mineral extraction and for industrial land uses and related activities, so as to encourage the productive utilization of the County's natural resources, efficient freight and goods movement, and industrial employment for County residents.
(2)
To protect areas appropriate for industrial use from intrusion by dwellings and other inharmonious uses.
(3)
To minimize the impact of industrial land uses on nearby residential, agricultural, and commercial properties by encouraging nuisance-free, nonhazardous industrial uses through the control of noise, odor, dust, dirt, smoke, vibration, heat, glare, truck and rail traffic, and other objectionable influences and from fire, explosion, noxious fumes, radiation, and other hazards associated with certain industrial uses.
(4)
To provide locations for certain types of industrial land uses to concentrate in mutually beneficial relationships.
(5)
To provide adequate space to meet the needs of modern industrial development, including areas for off-street parking, truck and rail loading, and landscaping.
(6)
To minimize traffic congestion and to avoid the overloading of utilities by preventing the development of excessively intense industrial uses or the construction of buildings of excessive size in relation to available public facilities.
(7)
To maximize efficient energy use and energy conservation in industrial districts, and to encourage the use of locally available renewable energy resources.
(B)
Specific M-1 Light Industrial District Purposes. To provide areas for light industrial facilities such as assembly and other types of manufacturing which have no potential for major pollution, adverse visual impacts, or nuisance or hazard factors.
(C)
Specific M-2 Heavy Industrial District Purposes. To provide areas for heavy industrial facilities such as lumber mills and major manufacturing or processing plants; to provide standards for their establishment and operation; and to ensure their compatibility with the environment, supporting public services, and adjacent land uses.
(D)
Specific M-3 Mineral Extraction Industrial District Purposes.
(1)
To identify the location of rock, sand, gravel, and other mineral resources within the County of Santa Cruz which are valuable to the orderly and economic development of the County and region.
(2)
To conserve mineral resources for future use and to ensure that the recovery of these resources is not preempted by other uses of the land on which they are located, or by the introduction of noncompatible uses on other lands in the immediate vicinity.
(3)
To give public notice of the intent to preserve and plan for the continued or ultimate use of mineral resources and proposed access thereto.
(4)
To allow the orderly economic extraction of minerals by designating the sites of existing and potential mines and allowing for the establishment, operation, expansion, and reclamation of mineral extraction facilities and sites with minimum adverse impacts on aquifers, streams, scenic values, and surrounding land uses.
(Ord. 3432 § 1, 1983; Ord. 3501 § 12, 1984; Ord. 5423 § 13, 2022)
13.10.342 Uses in industrial districts.
(A)
Allowed Uses. The uses allowed in industrial districts shall be as provided in the Industrial Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.
(B)
Use Permits. A discretionary approval for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Industrial Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures. For the purposes of this chapter, a mining permit is a use permit.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a Coastal Development Permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Industrial Uses Chart. Allowed uses and permit requirements for industrial zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.
KEY: | |
|---|---|
P | Permitted by right: Use is allowed without a use permit. |
ZC | Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required. |
MUP | Minor Use Permit: Discretionary permit, no public notice. |
AUP | Administrative Use Permit: Discretionary permit with public notice. |
CUP | Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified. |
A | Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use. |
NA | Use not allowed in this zone district. |
Table 13.10.342-1: Industrial Uses Chart | ||||
|---|---|---|---|---|
Use | Permit Required by Zone1 | References and Notes | ||
M-1 | M-2 | M-3 | ||
Agricultural Uses | ||||
Agricultural service establishment | AUP | CUP | NA | 13.10.700-A |
Mushroom growing in structures | AUP | CUP | NA | 13.10.634 |
Automobile Fuel and Service Stations | ||||
Automobile fuel/service stations | CUP | CUP | NA | Car washes allowed |
Electrical vehicle charging station | P | P | P | |
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC § 13.10.650 (non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC. | ||||
Indoor cultivation: existing legal structure | MUPRG,N | MUPN | MUPN | RG: ZC for cultivation in existing non-greenhouse structures in the Rodeo Gulch overlay. N: AUP if adjacent parcel is developed with a residential structure in the PR, A, TP, SU, or any residential zone district. |
Indoor cultivation: new structure | New structures not permitted in the coastal zone and 1-mile buffer. | |||
<2,000 sf | AUP | CUP | CUP | |
2,000—20,000 sf | CUP | CUP | CUP | |
>20,000 sf | CUP-PC | CUP-PC | CUP-PC | |
Water tank | MUPA | MUPA | MUPA | Accessory to cannabis cultivation. |
Outdoor cultivation (including hoop houses) | NA | NA | CUP* | *: Outdoor cultivation permitted only in conjunction with adoption or amendment of a reclamation plan. |
Manufacturing, Class 1 or 2: existing legal structure | AUPRG | AUP | AUP | RG: ZC for manufacturing in existing legal structures in the Rodeo Gulch overlay. |
Manufacturing, Class 3: existing legal structure | ||||
Outside coastal zone + 1-mile buffer | AUP | CUP | MUP | |
Inside coastal zone + 1-mile buffer | ||||
<2,000 sf | AUP | CUP | AUP | |
2,000—20,000 sf | CUP | CUP | AUP | |
>20,000 sf | CUP-PC | CUP-PC | CUP | |
Manufacturing, Class 1, 2 or 3: new structure | New structures not permitted in the coastal zone and 1-mile buffer. | |||
<2,000 sf | AUP | AUP | MUP | |
2,000—20,000 sf | CUP | CUP | MUP | |
>20,000 sf | CUP-PC | CUP-PC | MUP | |
Distribution, Class 1: existing legal structure | ZC | ZC | ZC | |
Distribution, Class 2: existing legal structure | ZC | ZC | ZC | |
Distribution, Class 1 or 2: new structure | New structures not permitted in the coastal zone and 1-mile buffer. | |||
<2,000 sf | AUP | AUP | AUP | |
2,000—20,000 sf | CUP | CUP | CUP | |
>20,000 sf | CUP-PC | CUP-PC | CUP-PC | |
Distribution, transport only | P | P | P | |
Commercial Uses | ||||
Offices or retail sales incidental to an allowed use | AUPA | AUPA | AUPA | |
Retail—Recreational sales and rentals (bikes, surf gear, etc.) | MUP | NA | NA | |
Sales and Services—Requiring large sites, truck traffic, vehicle storage (not otherwise listed in the industrial uses chart) | See C-4 Use Chart | See C-4 Use Chart | NA | See SCCC § 13.10.332 for C-4 use chart. |
Industry, Light | ||||
Assembly, including compounding, packaging, or processing of medical appliances, small electric appliances, ceramic products, small scale consumer goods (not including large appliances or durable goods), cosmetics and soaps (not including rendering of fats or oils), electrical equipment, supplies, or components, scientific, medical, or drafting instruments | AUP | CUP | NA | |
Food processing and packaging, foods and food products, manufacturing, including bottling works, breweries, distilleries and wineries, cold storage, dairy products, plants, canning and packing, or including fruits and vegetables | CUP | AUP | NA | |
Hand-made product fabrication and sale (glass blowing, metal working, pottery kilns, textiles, etc.) | AUP | CUP | CUP | Includes industrial art studios and cooperative "maker" spaces. |
Machine shops (involving the use of drop hammers, automatic screw machines, or punch presses with a rated capacity of over 20 tons) | CUP | AUP | NA | |
Manufacture of low-impact materials such as ice, mattresses, musical instruments, optical goods, dental products, electric and neon signs | AUP | CUP | NA | |
Manufacturing and processing fabrication and assembly of the following products provided that no environmental hazard is created: products of cement, nonhazardous chemicals, clay, graphite, leather, metal, paper, rubber, stone, wood | CUP | AUP | NA | Products include but are not limited to aircraft, automobiles, building materials, candles, carpets, animal feed, glass, machinery, metal alloys, motors and generators, large appliances, textiles, cutlery, hardware, and hand tools; die and pattern making; and extrusion of small products such as jewelry. |
Manufacturing involving chemicals, such as drugs and pharmaceuticals, photographic developing and printing plants, textile bleaching and dyeing, semiconductors or other electronic components involving hazardous substances | CUP | AUP | NA | |
Metal casting, painting, sandblasting, finishing, and plating | CUP | AUP | NA | |
Metal welding shops | CUP | AUP | NA | |
Research and development laboratory—Dry | MUP | MUP | NA | 13.10.700-L |
Research and development laboratory—Wet | AUP | AUP | NA | 13.10.700-L |
Sheet metal products, light, including heating and ventilating ducts, cornices, and eaves | AUP | CUP | NA | |
Warehouses (except for the storage of flammable liquids), storage and baling of metal, paper, or rags within an enclosed structure | AUP | MUP | MUP | |
Woodworking, such as cabinet-making shops, furniture manufacture, sash and door manufacturing, including only incidental mill work, operated within a completely enclosed structure | CUP | AUP | NA | |
Industry, Heavy | ||||
Foundries, metal smelting, reduction refining, alloying, rolling, drop forges | CUP | CUP | NA | |
Incinerators | CUP | CUP | NA | |
Industrial operations involving hazardous chemicals (including manufacturing of hazardous chemical products, asphalt, cement, fertilizer, fish products, paint products, paper, plaster, soap, etc.) | CUP | CUP | NA | |
Recycling of petroleum-based products | CUP | CUP | NA | |
Storage of potentially hazardous materials (explosives, fireworks, flammable liquids, gas, junk yards, manure, petroleum products, slag piles, rawhides, used building materials) | CUP | CUP | NA | |
Wood processing (planing mills, sawmills, and treatment plants, wood pulp reduction and distillation) | CUP | CUP | NA | |
Infrastructure and Utilities | ||||
Energy cogeneration | MUP | MUP | MUP | 13.10.700-C |
Transit station | CUP | CUP | CUP | Includes repair or servicing of transit vehicles. Freight service only (no commuter or recreational transit stations) in M-2 or M-3. |
Utility facility | CUP | CUP | CUP | Includes private and public utilities, energy facilities, microgrids, and cogeneration. 13.10.700-C, 13.10.700-E, 13.10.700-M |
Wireless communications facilities | P/CUP | P/CUP | P/CUP | Subject to SCCC § 13.10.660 through § 13.10.664, inclusive |
Mining Uses (SCCC Chapter 16.54) | ||||
Mining, quarrying, and commercial extraction of rock, sand, gravel, earth, clay and similar materials, and the storage, stockpiling, processing, distribution, and sale thereof; including the installation and operation of facilities and apparatus to process, store, and ship rock, sand, gravel, and other mineral products; shops and garages for the repair and maintenance of equipment and storage warehouses as are necessary to conduct the uses permitted | NA | NA | MP | |
Mine reclamation or reuse, such as backfilling with inert materials, or other productive non-residential reuse including agricultural uses subject to the regulations of the A District, timber harvesting, light or heavy industry, etc. | NA | NA | MP | |
Concrete batching plants; Manufacture of cement | NA | NA | MPA | Industrial uses related to processing or fabrication of a finished product from quarried or mined materials, where associated with the principal use of the property for quarry purposes, located on the same site, and included in the provisions of a mining permit. |
Manufacture of concrete products and pressed structural units in conjunction and concurrent with excavation on the site | NA | NA | MPA | |
Mixing plants for asphaltic concrete | NA | NA | MPA | |
Other similar uses relating to the extraction or processing of rock, sand, gravel, or minerals | NA | NA | MPA | |
Mine-related concurrent uses, such as: sanitary landfills; septage disposal; retail sales of mine-related products; offices; public utility facilities; fire protection facilities | NA | NA | MPA | |
Mine site interim uses, such as agricultural uses subject to the regulations of the A District or timber harvesting | Allowed at approval levels required by SCCC § 13.10.312. | |||
Housing and Accessory Uses | ||||
Manager's unit | AUPA | AUPA | AUPA | Limit of one, ancillary to industrial use. On-site manager must be under a contract describing compensation and duties. No other live/work use allowed. |
Family day care home | PA | PA | PA | Serving up to 14 children. Must be associated with existing nonconforming dwelling unit. 13.10.700-D; 13.10.613 |
1. Table indicates use permits only. Other discretionary permits may be required. |
(E)
Use Conditions.
(1)
Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance, shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.
(2)
Outdoor Storage. Outdoor storage is allowed subject to an MUP; provided, that the storage area is adequately screened from view from adjacent parcels.
(3)
Signage. Signage may be required or allowed per SCCC § 13.10.581, subject to an MSP per SCCC § 13.11.037.
(4)
Temporary/seasonal use, including temporary outdoor seating: allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616.
(5)
Additional conditions for specific uses are found in other code sections as referenced in the Industrial Uses Chart.
(Ord. 3432 § 1, 1983; Ord. 3593 § 9, 1984; Ord. 3767 § 2, 1986; Ord. 4525 § 7, 1998; Ord. 4577 §§ 5, 6, 1999; Ord. 4715 § 5, 2003; Ord. 4744 § 5, 2003; Ord. 4770 § 5, 2004; Ord. 4808 § 18, 2005; Ord. 4836 § 86, 2006; Ord. 4873 § 3, 2007; Ord. 4921 §§ 9, 10, 2008; Ord. 5119 §§ 23, 24, 2012; Ord. 5272 § 5, 2018; Ord. 5302 § 3, 2019; Ord. 5334 § 5, 2020; Ord. 5336 § 5, 2020; Ord. 5346 § 1, 2020; Ord. 5366 § 1, 2021; Ord. 5402 § 4, 2022; Ord. 5423 § 13, 2022; Ord. 5439 § 4, 2023)
13.10.343 Development standards in industrial districts.
(A)
Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080.
(2)
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260, et seq.
(B)
Site and Structural Dimensions Chart. The following development standards shall apply within all industrial zone districts, except as noted elsewhere in this section and in the general exceptions as noted in SCCC § 13.10.510, et seq.
Table 13.10.343-1: Industrial Site and Structural Dimensions Chart | |||
|---|---|---|---|
Development Standards | Standards by Zone | ||
M-1 | M-2 | M-3 | |
Parcel Size and Shape (new parcels) | |||
Minimum gross site area per parcel (square feet) | 10,0002 | 1 acre | Minimum economic unit for mineral extraction |
Minimum parcel frontage | 60 | 60 | 60 |
Building Massing | |||
Maximum building height | 3 stories (40 feet) | 3 stories (40 feet) | 3 stories (40 feet) |
Maximum floor area ratio (FAR) | 1.0 | 1.0 | 1.0 |
Building Setback Distance from Property line1,2,3 | |||
Front yard setback (feet) | 15 | 25 | 204 |
Side yard setback (feet) | 10 | 20 | 204 |
Rear yard setback (feet) | 10 | 20 | 204 |
Side or rear yard setback, abutting a street (feet) | 15 | 25 | 254 |
1. Special setbacks apply for certain parcel locations, per subsection (C) of this section, and exceptions to site development standards may be considered per subsection (D) of this section. |
2. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria. |
3. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements. |
4. Except when pursuant to a mining permit. |
(C)
Setbacks in Sensitive Locations.
(1)
Parcels Abutting Residential or Non-Commercial Agricultural Zone Districts.
(a)
The minimum front yards are as follows:
District: | M-1 | M-2 | M-3 |
|---|---|---|---|
Feet: | 30 | 50 | 50, except as pursuant to a mining permit |
(b)
The minimum side and rear yards are as follows:
District: | M-1 | M-2 | M-3 |
|---|---|---|---|
Feet: | 50 | 100 | 100, except as pursuant to a mining permit |
(2)
Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in a SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.
(D)
Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC § 13.10.235), variance (SCCC § 13.10.230), or planned unit development (SCCC § 18.30.183).
(Ord. 3432 § 1, 1983; Ord. 3501 § 13, 1984; Ord. 4314 § 4, 1994; Ord. 4496-C § 24, 1998; Ord. 5423 § 13, 2022)
13.10.344 Special standards and conditions for industrial districts.
(A)
M-1 and M-2 Districts—Required Conditions.
(1)
Air Pollution. In an M-1 or M-2 District no use shall be permitted which emits any air pollution beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. The provisions of this section relating to air pollution shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.
(2)
Smoke. In an M-1 District no use shall be permitted which emits smoke. In an M-2 District no use shall emit visible gray smoke of a shade equal to or darker than No. 2 on a standard Ringelmann Chart issued by the United States Bureau of Mines or smoke of an equivalent opacity, except that smoke of a shade equal to No. 3 on a Ringelmann Chart, or smoke of an equivalent opacity, may be emitted for four minutes in any 30-minute period. The provisions of this section relating to smoke shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.
(3)
Solid and Liquid Wastes. No solid or liquid wastes shall be discharged into a public or private sewerage system except in compliance with the regulations prescribed by the Board of Supervisors or by the governing boards of other governmental agencies or in compliance with the regulations of the owner of the system.
(4)
Odor. In an M-1 District no use except a temporary construction operation shall be permitted which creates odor beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. In an M-2 District no use except a temporary construction operation or a seasonal fruit or vegetable dehydrating or processing plant shall be permitted which creates odor beyond the boundaries of the site which is found by the Planning Commission to be offensive or which is detectable beyond the boundaries of the M-2 District without the aid of instruments.
(5)
Noise. In an M-1 or M-2 District no use except a temporary construction operation shall be permitted which creates noise which is found by the Planning Commission not to conform to the noise parameters established by the Santa Cruz County General Plan beyond the boundaries of the M-1 or M-2 District at standard atmospheric pressure.
(6)
Vibration, Heat and Cold, Glare, Electrical Disturbance. No use except a temporary construction operation shall be permitted which creates vibration, changes in temperature, direct or sky-reflected glare, or electrical disturbance which is detectable by the human senses without the aid of instruments beyond the boundaries of the site in an M-1 District or beyond the boundaries of the district in an M-2 District.
(7)
Nonconformance With Provisions of This Subsection (A). Any use listed in the industrial uses chart which is located in an M-1 District which is found by the Planning Commission not to comply with the requirements of subsections (A)(1) through (A)(6) of this section shall constitute a nonconforming use. The Planning Commission's determination that such use is nonconforming shall be made after public hearing is held more than 15 days after written notice to the user.
(8)
Actions Necessary to Make a Nonconforming Use Conform. In order for a nonconforming use to be made conforming, a use permit processed at the appropriate level as indicated in the use chart shall be obtained. Application for the use permit must be made within three months of the date the Planning Commission determines the use to be nonconforming. If an application for a use permit has not been filed within the three-month period, the nonconforming use shall thereafter be subject to the abatement proceedings set forth in Chapter 1.14 SCCC; provided, that no additional public hearing shall be required by the Planning Commission prior to making its recommendation to the Board of Supervisors.
(B)
Special Findings for High Impact Uses in the M-1 District. Any uses listed as allowed in the M-2 District may be allowed as discretionary uses in the M-1 District; provided, that the approving body makes the following findings in addition to the findings required for a use permit pursuant to Chapter 18.10 SCCC:
(1)
That consideration of all the determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the permitted uses in an M-1 District with respect to method of operation, type of process, materials, equipment, structures, storage, and appearance;
(2)
That the use will not create significantly more vehicular or rail traffic than the volumes normally created by the permitted uses in an M-1 District; and
(3)
That the use will not generate odor, fumes, dust, smoke, particles, dirt, refuse, water-carried wastes, noise, vibration, glare, heat, or any other objectionable factor beyond the boundaries of the site, or be unsightly or create a hazard of fire or explosion.
(C)
M-3 Districts—Required Findings for Uses Other Than Mineral Extraction. In addition to findings required for a development permit, the approving body shall find that the proposed use is located, or will be conducted in a manner, so as to not preempt the ultimate extraction or use of any rock, sand, gravel, or mineral resource. Special use requirements and standards for mining and related uses in the M-3 Zone District are found in Chapter 16.54 SCCC, Mining Regulations.
(D)
Prohibitions. The following uses and activities are prohibited in industrial districts:
(1)
Asbestos. In an M-1, M-2, or M-3 District, no use shall be permitted which produces or uses asbestos in any manufacturing process.
(Formerly 13.10.345; Ord. 3432 § 1, 1983; Ord. 3479 § 1, 1983; Ord. 4496-C §§ 25, 26, 1998; Ord. 4836 §§ 87–89, 2006; Ord. 5423 § 13, 2022)
13.10.345 Public facilities requirements for industrial districts.
(A)
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B)
All requirements of the local sanitation district and water district shall be met. Letters indicating adequate sewer and water service to the project shall be submitted with the project application.
(C)
All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).
(D)
The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For industrial projects of 6,000 square feet or larger, a letter indicating the Transit District's recommendation shall be submitted with the project applications.
(Formerly 13.10.344; Ord. 4263 § 3, 1993; Ord. 4346 § 22, 1994; Ord. 5423 § 13, 2022)
13.10.346 Other standards and conditions for industrial districts.
Other use and development standards applicable to industrial districts include but are not limited to the following provisions of the SCCC:
Table 13.10.346-1: Other Use and Development Standards Applicable to Industrial Districts | |
|---|---|
Topic | SCCC Section |
Nonconforming uses and structures | 13.10.260, et seq. |
General site standards | 13.10.500—13.10.600 |
Use of nondevelopable land | 13.10.671 |
Use of urban open space land | 13.10.672 |
Design review and site development | 13.11 |
Parking and circulation | 13.16 |
Coastal Zone regulations | 13.20 |
Roadway and roadside improvements | 15.10 |
Environmental and resource protection restrictions | Title 16 |
(Ord. 5423 § 13, 2022)
13.10.351 Purposes of the Parks, Recreation and Open Space PR District.
In addition to the general objectives of this chapter, the PR District is included in the zoning ordinance to achieve the following purposes:
(A)
General. To preserve the County's undevelopable lands and public park lands as open space; and to protect open space in the County by allowing commercial recreational uses which preserve open space by means of large acreage sites with low intensity uses which are compatible with the scenic values and natural setting of the County; and to preserve agriculture as an open space use.
(B)
Commercial Recreation. To provide for commercial recreation facilities and uses which aid in the conservation of open space in the County; to recognize and encourage these uses as a major component in the County's economy; to provide standards for their development and operation so as to ensure the preservation of open space, an appropriate intensity of uses, adequate public access and services, and proper management and protection of the environment and the natural resources of the County.
(C)
State and Federal Parks, Preserves, and Biotic Research Stations. To provide for the State and Federal park lands, preserves and biotic research facilities in the County; to provide density and development standards for such uses consistent with the availability of adequate access and services, land development capacities, agricultural protection, and the preservation of open space.
(D)
Local Parks. To recognize existing park sites and to designate and protect those locations designated by the adopted County General Plan for local park use, and to provide development and operation standards for such uses.
(E)
Open Space. To designate and to preserve, through careful and limited development and use, those lands designated on the General Plan which are not appropriate for development due to the presence of one or more of the following resources or constraints:
(1)
Coastal bluffs and beaches;
(2)
Coastal lagoons, wetlands and marshes;
(3)
Riparian corridors and buffer areas;
(4)
Flood ways and floodplains;
(5)
Wooded ravines and gulches which separate and buffer areas of development;
(6)
Slopes over 30 percent inside the urban services line; over 50 percent outside the urban services line;
(7)
Sensitive wildlife habitat areas and biotic resource areas.
(Ord. 3432 § 1, 1983)
13.10.352 Uses in the Parks, Recreation and Open Space PR District.
(A)
Allowed Uses. The uses allowed in the Parks, Recreation and Open Space District shall be as provided in the Parks, Recreation, and Open Space Uses Chart below. Certain disallowed uses that were legally established and are preexisting on a parcel may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses. For amendments to a use with a valid discretionary permit, see SCCC § 18.10.134.
(B)
Use Permits. A discretionary permit for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Parks, Recreation and Open Space Uses Chart. The processing procedures for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a Coastal Development Permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Parks, Recreation and Open Space Uses Chart. Allowed uses and permit requirements in the PR zone district are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.
KEY: | |
|---|---|
P | Permitted by right: Use is allowed without a use permit. |
ZC | Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required. |
MUP | Minor Use Permit: Discretionary permit, no public notice. |
AUP | Administrative Use Permit: Discretionary permit with public notice. |
CUP | Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified. |
A | Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use. |
Table 13.10.352-1: Parks, Recreation and Open Space PR Uses Chart | ||
|---|---|---|
Use | Permit Required1 | References and Notes |
Parks, Recreation and Open Space | ||
Open Space Uses, Not Involving Permanent Structures, such as: | P | |
Beach uses | ||
Ecological preserves; wildlife and biotic habitat reserves | ||
Hiking and horseback riding trails | ||
Open space | ||
Parks, state, local and private picnicking facilities | ||
Playgrounds, nonpaved | ||
Sports fields, nonpaved | ||
Watershed management | ||
Recreational support facilities, such as: | CUP-PC | Pursuant to approved master site plan (13.10.355). |
Group meeting facilities, including educational and religious facilities | ||
Maintenance facilities | ||
Management offices | ||
Recreational facilities, including swimming pools and appurtenant facilities, picnic shelters, indoor sports facilities, gymnasiums, spas, dressing rooms, club houses, tennis courts, and other paved sports areas | ||
Recreational uses, public and private, such as: | CUP-PC | Pursuant to approved master site plan (13.10.355). |
Country clubs | ||
Golf courses | ||
Golf driving ranges | ||
Low intensity commercial recreation facilities primarily involving open space uses, including historic theme parks | ||
Organized camps; group camps; and conference centers pursuant to SCCC § 13.10.692 | ||
Stables, boarding, and riding | ||
Agriculture and Timber | ||
All CA Zone District uses not otherwise provided in this chart, excluding the following uses which are not allowed in the PR District: agricultural processing, agricultural employee housing, or agricultural service establishment | Same approval as CA Zone District | 13.10.312 |
Timber growing | P | |
Timber harvesting | P | Outside the Coastal Zone only. |
Commercial Sales and Services | ||
Commercial retail and service uses, such as: | CUPA | Pursuant to approved master site plan (13.10.355). |
Art galleries | ||
Boat sales, rentals, and services | ||
Day care centers | ||
Food stores; convenience stores | ||
Gift shops | ||
Laundries, self-service | ||
Marine services | ||
Recreational equipment sales, rentals, and services | ||
Restaurants; sandwich shops; snack bars; cafes | ||
Commercial structures over 10,000 square feet | CUP-PC | |
Outdoor ATM | AUPA | |
Community Facilities | ||
Community centers 10,000 square feet or less | CUP | |
Community centers over 10,000 square feet | CUP-PC | |
Museums | CUP-PC | |
Restrooms, public | AUP | |
Infrastructure and Utilities | ||
Energy cogeneration | MUP | 13.10.700-C |
Utilities, such as: | CUP | 13.10.700-M |
Drainage and flood-control facilities | ||
Microgrids | ||
Radio, television and communications antennas, transmission towers, and related equipment | ||
Wireless communication facilities | P/CUP | Subject to 13.10.660 through 13.10.664, inclusive |
Research | ||
Research facilities for biotic and wildlife observation, research, and education | AUP/CUP | AUP for structure up to 5,000 sf.; CUP for structure >5,000 sf. Pursuant to approved master site plan (13.10.355). |
Residential Units | ||
One single-family dwelling | AUP | Chapter 15.01 |
One single-family dwelling on property designated urban open space | CUP | 13.10.672; Chapter 15.01 |
Accessory dwelling unit (ADU) | P/MUP | P outside coastal zone; MUP inside coastal zone. 13.10.681 |
Junior ADU | P | 13.10.681 |
Accessory structures (habitable and non-habitable) incidental to a residential use | MUPA | 13.10.611 |
Dwelling units, associated with an open space or private recreational facility for the owner or lessee of the land or for staff, a caretaker, watchman, or manager of the property | AUPA | 13.10.353(B) |
Expansion of dwelling units in organized camps and recreational support facilities up to a cumulative total of an additional 500 square feet per unit | MUP | 13.10.692 |
Residential Units—Commercial Uses (Ancillary to Residential Use) | ||
Family (child) day care homes | PA | Serving up to 14 children (see § 13.10.700-D). § 13.10.613 |
Home occupations | PA/CUPA | See § 13.10.613 to determine when a CUP is required. |
Hosted rentals | MUPA | Hosted rental permit required per § 13.10.694. |
New hosted rental in dwellings with JADUs | AUPA | Hosted rental permit required per § 13.10.694. |
Non-hosted rentals | AUPA/CUPA | AUP for new rentals with 3 or fewer bedrooms. CUP for new rentals with 4 bedrooms or more. AUP for all non-hosted permit renewals. Non-hosted permit required per § 13.10.694. |
Visitor Accommodation | ||
Type A, such as: hotels, inns, motels, "bed and breakfast inns" | CUP | 13.10.689 (density requirements) 13.10.691 |
Type B, such as: group quarters, tent camping, recreational vehicle camping | CUP | 13.10.689 (density requirements) 13.10.692 |
1 Table indicates use permits only. Other discretionary permits may be required. For uses on land acquired by the State Department of Parks and Recreation for state park system purposes, see Public Resources Code Section 5003.17(a). |
(E)
Use Conditions.
(1)
Amplified Entertainment. A CUP is required for outdoor amplified entertainment.
(2)
Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.
(a)
Twenty-four-hour outdoor ATMs attached to banks, credit unions or grocery stores shall not be subject to a CUP if the following criteria are met:
(i)
Safety lighting is screened so as not to cast direct light on any dwelling unit; and
(ii)
Physical maintenance of the ATM is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.
(3)
Outdoor Dining/Seating. Permanent (long-term) outdoor seating is allowed subject to an MUP to add 12 or fewer seats or an AUP to add more than 12 seats. Outdoor seating includes outdoor dining as well as other uses such as seating in common plaza areas, or outdoor exercise equipment for a fitness facility. Conditions of approval for outdoor seating must ensure public health and safety, including but not limited to: standards from the Americans with Disabilities Act; adequate alternate parking arrangements if parking spaces will be lost to outdoor seating; and permit requirements from other agencies as needed, such as: the County Department of Public Works; County Health Services Agency; County Department of Parks, Open Space and Cultural Services; Sheriff's Office; County Fire Districts; California Department of Alcoholic Beverage Control; or California Department of Motor Vehicles. Temporary outdoor seating may be approved with a temporary use permit, subject to SCCC § 13.10.616.
(4)
Outdoor Storage. Outdoor storage of stock-in-trade is allowed subject to an AUP; provided, that the storage area is adequately screened from view from adjacent parcels.
(5)
Signage. Signage may be allowed per SCCC § 13.10.582, subject to an MSP per SCCC § 13.11.037.
(6)
Temporary/seasonal use, including temporary outdoor seating, may be allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616.
(7)
Additional conditions for specific uses are found in other sections of the County Code as referenced in the Parks, Recreation and Open Space Uses Chart.
(Ord. 3432 § 1, 1983; Ord. 3593 § 10, 1984; Ord. 3968 § 1, 1988; Ord. 4036 § 5, 1989; Ord. 4099 § 4, 1990; Ord. 4346 § 23, 1994; Ord. 4496-C §§ 27, 28, 1998; Ord. 4577 § 7, 1999; Ord. 4715 § 7, 2003; Ord. 4744 § 7, 2003; Ord. 4770 § 7, 2004; Ord. 4808 § 19, 2005; Ord. 4814 § 3, 2006; Ord. 4873 § 4, 2007; Ord. 4921 § 11, 2008; Ord. 5092 § 3, 2011; Ord. 5229 § 3, 2016; Ord. 5266 § 4, 2018; Ord. 5325 § 12, 2020; Ord. 5326 § 12, 2020; Ord. 5345 § 3, 2020; Ord. 5365 § 3, 2021; Ord. 5372 § 6, 2021; Ord. 5382 § 3, 2021; Ord. 5402 § 5, 2022; Ord. 5423 § 14, 2022; Ord. 5439 § 5, 2023; Ord. 5497, 8/19/2025)
13.10.353 Development standards in the Parks, Recreation and Open Space PR District.
(A)
Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080.
(2)
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260, et seq.
(B)
Site and Structural Dimensions Chart. The following development standards shall apply within the PR District.
Table 13.10.353-1: PR Site and Structural Dimensions Chart1,2 | ||||
|---|---|---|---|---|
Minimum Site Area (net developable acres) | Minimum Site Width (feet) | Minimum Site Frontage (feet) | Minimum Building Setback Distance From Property Line3 (feet) | Maximum Building Height (feet) |
20 | 100 | 60 | 30 (Front, Side, Rear Yards) | 28 |
1. For single-family dwellings and accessory structures, the district development standards shall be the same as those contained in SCCC § 13.10.323 pertaining to residential districts and shall further be based on the size of the parcel for purposes of applying SCCC § 13.10.323(B). Accessory dwelling units shall be subject to the site and structural dimensions in SCCC § 13.10.681. |
2. Certain land uses may have special development standards per SCCC § 13.10.355. |
3. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. See SCCC § 15.10.050 and County Design Criteria. |
(C)
Retention of Open Space.
(1)
The purpose of the PR District to preserve open space in the County shall be strictly adhered to.
(2)
Except as provided in subsection (A) of this section, Footnote (1), development in the PR District shall be allowed as follows:
(a)
Ten percent of the net developable acreage of the property may be disturbed by improvements of a structural nature, including all habitable buildings and accessory structures.
(b)
Twenty percent of the gross acreage of the property may be disturbed by improvements of a nonstructural nature involving impervious surfaces, including roads, paved play areas, tennis courts, patios, and swimming pools.
(c)
Eighty percent of the gross acreage of the property shall be retained in open space, which may include nonpaved RV sites, paddocks, nonpaved play fields, picnic areas, and hiking and horseback riding trails.
(D)
Minimum Site Area for Commercial Recreation. The minimum area for the development of new commercial recreation uses shall not be less than 20 acres. For the purposes of this section commercial recreation includes such uses as: organized and group camps, conference centers, amusement parks such as Roaring Camp, golf courses, commercial stables, commercial beaches, and visitor accommodations such as RV parks.
(Ord. 3432 § 1, 1983; Ord. 3968 § 2, 1988; Ord. 4406 § 7, 1996; Ord. 4416 § 7, 1996; Ord. 4496-C § 29, 1998; Ord. 4836 § 90, 2006; Ord. 5119 § 25, 2012; Ord. 5325 § 13, 2020; Ord. 5326 § 13, 2020; Ord. 5423 § 14, 2022)
13.10.354 Special standards and conditions for the Parks, Recreation and Open Space PR District.
(A)
Master Site Plan Requirements.
(1)
Master Site Plans. Prior to or concurrently with the approval of any new or expanded use for which a conditional use permit approval is required in the Parks, Recreation and Open Space PR District, a development permit for a master site plan shall be approved by the Zoning Administrator or Planning Commission. Master site plans for public agency facilities shall be subject to approval by the Planning Commission. Such approval shall be accompanied by a finding of General Plan consistency pursuant to Section 65402 of the California Government Code.
(2)
Master Site Plan Elements. The master site plan shall include:
(a)
A description of all proposed uses;
(b)
Proposed immediate and future phases of construction;
(c)
Anticipated future boundary expansions, if any;
(d)
Provisions for adequate access and public services; and
(e)
A management plan for the conservation and use of the open space resource.
(3)
Environmental Review. The adoption or amendment of a master site plan is a "project" within the meaning of CEQA and is subject to environmental review.
(4)
Development Permit Approval. Site and facility development permits, when applied for pursuant to an approved master site plan, may be processed as an administrative site development permit approval or according to an over-the-counter staff review specified by the conditions of the master site plan planned development permit approval.
(B)
Agricultural Land Conservation. The following conditions shall apply to all development plans and projects within the PR District in the Coastal Zone:
(1)
The maximum amount of prime agricultural land shall be retained in agricultural production;
(2)
A site-specific justification with regard to maximum public benefit shall be required for removing agricultural lands from production or for not offering lands capable of farm production for lease; and
(3)
The regulations and requirements of Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, and the General Plan and Local Coastal Program Land Use Plan policies pertaining to agricultural resource lands, shall apply to all agricultural resource lands within the PR District.
(C)
Visitor Accommodations Permit Review.
(1)
Permits for Type A facilities and tent and RV camping sites shall be reviewed and conditioned as provided in SCCC § 13.10.689.
(2)
Permit conditions for hostels and group quarters shall be as follows:
(a)
The permit shall run with the property owner and shall not be transferred without a permit amendment;
(b)
A management plan shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit or occupancy of an existing structure for this use;
(c)
An annual report shall be prepared and submitted by the owner or their agent to the Planning Director to substantiate the occupancy and other conditions of this permit; and
(d)
The site is subject to an annual inspection for which a fee, set by the Board of Supervisors, may be charged.
(Formerly 13.10.355; Ord. 3432 § 1, 1983; Ord. 5171 § 4, 2014; Ord. 5423 § 14, 2022)
13.10.355 Public facilities requirements for Parks, Recreation and Open Space PR District.
(A)
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B)
All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.
(C)
All improvement requirements and impact fees for community facilities shall be met where required by district or section regulations (SCCC Title 15).
(Ord. 5423 § 14, 2022)
13.10.356 Other standards and conditions for the Parks, Recreation and Open Space PR District.
Other use and development standards applicable to the Parks, Recreation and Open Space District include but are not limited to the following provisions of the SCCC:
Table 13.10.356-1: Other Use and Development Standards Applicable to the PR District | |
|---|---|
Topic | SCCC Section |
Nonconforming uses and structures | 13.10.260, et seq. |
General site standards | 13.10.500—13.10.600 |
Use of non-developable land | 13.10.671 |
Use of urban open space land | 13.10.672 |
Commercial visitor accommodation | 13.10.689 |
Organized camps and conference centers | 13.10.692 |
Design review and site development | 13.11 |
Parking and circulation | 13.16 |
Coastal Zone regulations | 13.20 |
Roadway and roadside improvements | 15.10 |
Environmental and resource protection restrictions | Title 16 |
(Ord. 5423 § 14, 2022)
13.10.361 Purposes of the Public and Community Facilities PF District.
In addition to the general objectives of this chapter, the Public and Community Facilities PF District is included in the Zoning Ordinance to achieve the following purposes:
(A)
To provide areas for public and quasi-public community facilities, including public and private institutions providing an essential public service or facility; and
(B)
To regulate the use of land for public and community facilities with regard to their locations, design, service areas, and range of uses, so that they will be compatible with adjacent development, will maintain high standards of urban design, and will be compatible with and will protect the natural resources and environmental quality of the County.
(Ord. 3432 § 1, 1983; Ord. 5423 § 15, 2022)
13.10.362 Uses in the Public and Community Facilities PF District.
(A)
Allowed Uses. The uses allowed in the Public and Community Facilities District shall be as provided in the Public and Community Facilities Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.
(B)
Use Permits. A discretionary approval for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Public and Community Facilities Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a Coastal Development Permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Public and Community Facilities Uses Chart. Allowed uses and permit requirements in the PF zone district are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.
KEY: | |
|---|---|
P | Permitted by right: Use is allowed without a use permit. |
ZC | Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required. |
MUP | Minor Use Permit: Discretionary permit, no public notice. |
AUP | Administrative Use Permit: Discretionary permit with public notice. |
CUP | Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified. |
A | Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use. |
Table 13.10.362-1: Public and Community Facilities Uses Chart | ||
|---|---|---|
Use | Permit Required1 | References and Notes |
Animal Services | ||
Animal shelter | CUP-PC | 13.10.641—13.10.646 |
Animal keeping and animal enclosures such as stables | AUPA | 13.10.645 |
Community Services and Facilities | ||
ATM (outdoor) | AUP | No use permit required for indoor ATM. |
Community center or service organization (spaces and programs open to the public) | AUP/CUP-PC | CUP-PC required for structures over 10,000 square feet. |
Community garden/urban agriculture | P | Does not include cannabis cultivation. |
Conference facility/auditorium/event hall | CUP/CUP-PC | No overnight accommodation. CUP-PC required for structures over 10,000 square feet. |
Day care center (not including family day care) | AUP/CUP-PC | See SCCC § 13.10.700-D. See "Dwellings—Commercial Uses" section of this chart for family day care use. CUP-PC required for structures over 10,000 square feet. |
Employment training and services, day worker center | AUP/CUP-PC | CUP-PC required for structures over 10,000 square feet. |
Emergency shelter | P | See SCCC § 13.10.364(A), § 13.10.700-E. |
Farmer's market or other regular community event | AUP | |
Fire or police station, ambulance service | AUP | |
Funeral/burial services (funeral home, columbarium, crematory, cemetery) | CUP | |
Hospital, medical clinic, or medical laboratory | CUP-PC | AUP for medical clinics and dry laboratories with no ambulance service or overnight stay. See SCCC § 13.10.365(B), § 13.10.700-L. |
Medical mixed-use | CUP-PC | See SCCC § 13.10.365(B). |
Library or museum | AUP/CUP-PC | CUP-PC required for structures over 10,000 square feet. |
Religious institution | AUP/CUP-PC | CUP-PC required for structures over 10,000 square feet. |
Park | CUP/CUP-PC | CUP-PC required for park over 10,000 square feet. |
Public administration office (County government and other public agencies) | MUP | |
Public restrooms | MUP | |
School | AUP | |
Entertainment, Fitness and Recreation | ||
Fitness center (gym, club, exercise studio) | CUPA/CUP-PC | For bath, sauna, non-medical massage, see Chapter 5.08 SCCC and SCCC § 13.10.623. CUP-PC required for structures over 10,000 square feet. |
Open space uses (picnic facilities, playgrounds, trails, open space) | AUP | No permanent structures allowed for open space uses. |
Private club or lodge | AUP/CUP-PC | CUP-PC required for structures over 10,000 square feet. |
Recreational facility—Outdoor (structures are allowed; use occurs primarily outdoors. Example: fairgrounds, sports courts and fields, golf course, flea market, mini-golf, amusement park, pool) | CUP/CUP-PC | See SCCC § 13.10.652; 13.10.654. Bath, sauna, non-medical massage allowed as accessory uses. See Chapter 5.08 SCCC and SCCC § 13.10.623. CUP-PC required for facilities over 10,000 square feet. |
Tourist services (information, tickets) | MUP | 13.10.700-T |
Infrastructure and Utilities | ||
Energy cogeneration | MUP | 13.10.700-C |
Parking for off-site uses | AUP | 13.16.050, et seq. |
Transit station | CUP | |
Utility facility | AUP | Includes private and public utilities and microgrids (see SCCC § 13.10.700-M). |
Waste disposal facility, including refuse processing, recycling, transfer, and disposal | CUP-PC | |
Wireless communication facilities | P/CUP | Subject to SCCC § 13.10.660 through § 13.10.664, inclusive |
HOUSING | ||
Institutional Housing and Care Facilities | ||
Skilled nursing facility, residential care facility for the elderly, continuing care retirement community with less than 100 occupants, health care facility | AUP | 13.10.700-C, 13.10.700-R, 13.10.700-S |
Continuing care retirement community with over 100 occupants | CUP-PC | |
Residential care home serving 6 or fewer residents | P | 13.10.700-R |
Group quarters | CUP | Does not include emergency shelters. |
Residential Units | ||
Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs) | PA | See SCCC § 13.10.681. Must be ancillary to primary dwelling(s). JADUs only allowed with single-family dwellings. |
Affordable rental housing | CUP-PC | See SCCC § 13.10.364(D). CUP for fewer than 5 units. |
School employee housing | CUP-PC | See SCCC § 13.10.364(D), § 13.10.700. CUP for fewer than 5 units. |
Manager's unit (caretaker unit, parsonage) | MUPA | Limit of two units. |
Medical mixed-use housing | CUP | See SCCC § 13.10.364(B). |
Other residential uses | MUPA/CUPA | Must be ancillary to public facilities uses. MUP for one single-family home, CUP for more than one unit. Maximum residential density Inside the USL/RSL: Urban Medium General Plan designation Outside the USL/RSL: 2.5–20 acres/unit (per Chapter 13.14 SCCC) |
Residential Units—Commercial Uses (ancillary to residential use) | ||
Family (child) day care home | PA | Serving up to 14 children § 13.10.700-D, § 13.10.613. |
Home occupations | PA/CUPA | See § 13.10.613 to determine when a CUP is required. |
Hosted rentals | MUPA | Hosted rental permit required; non-hosted rentals are not allowed per § 13.10.694. |
New hosted rental in dwellings with JADUs | AUPA | Hosted rental permit required per § 13.10.694. |
1. Table indicates use permits only. Other discretionary permits may be required. |
(E)
Use Conditions.
(1)
Amplified Entertainment. A CUP is required for outdoor amplified entertainment, subject to noise regulations as specified in Chapters 8.30 and 13.15 SCCC.
(2)
Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.
(a)
Twenty-four-hour outdoor ATMs attached to banks, credit unions, or grocery stores shall not be subject to a CUP if the following criteria are met:
(i)
Safety lighting is screened so as not to cast direct light on any dwelling unit; and
(ii)
Physical maintenance of the ATM is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.
(3)
Signage. Signage may be required or allowed per SCCC § 13.10.581, subject to an MSP per SCCC § 13.11.037.
(4)
Temporary/seasonal use, including temporary outdoor seating, may be allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616.
(5)
Additional conditions for specific uses are found in other code sections as referenced in the Public and Community Facilities District uses chart.
(Ord. 3432 § 1, 1983; Ord. 4346 § 24, 1994; Ord. 4577 § 8, 1999; Ord. 4715 § 8, 2003; Ord. 4744 § 8, 2003; Ord. 4770 § 8, 2004; Ord. 4808 § 20, 2005; Ord. 4814 § 4, 2006; Ord. 5083 § 1, 2010; Ord. 5320 § 1, 2019; Ord. 5325 § 14, 2020; Ord. 5326 § 14, 2020; Ord. 5402 § 6, 2022; Ord. 5423 § 15, 2022; Ord. 5439 § 6, 2023; Ord. 5497, 8/19/2025)
13.10.363 Development standards in the Public and Community Facilities PF District.
(A)
Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080.
(2)
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260, et seq.
(B)
Site and Structural Dimensions Chart. The following development standards shall apply within the Public and Community Facilities PF Zone District, except as noted elsewhere in this section and in the general exceptions as noted in SCCC § 13.10.510, et seq.
Table 13.10.363-1: PF Site and Structural Dimensions Chart | |
|---|---|
Parcel Size and Shape (new parcels) | |
Minimum gross site area per parcel | As necessary to accommodate use |
Minimum parcel frontage | 60 feet |
Building Massing | |
Maximum building height | 3 stories (40 feet) |
Lot coverage | 40—95% of gross parcel area |
Building Setback Distance from Property line1,2,3 | |
Front yard setback (feet) | 10 feet |
Side yard setback (feet) | 5 feet |
Side yard setback, corner lot street side (feet) | 10 feet |
Rear yard setback (feet) | 5 feet |
Residential Open Space | |
Minimum 50 square feet open space per dwelling, including any combination of private/common open space. | Private: Minimum dimensions 6 feet x 6 feet Common: Minimum dimensions 15 feet x 10 feet |
1. Special setbacks apply for certain parcel locations, per subsection (C) and (D) of this section, and exceptions to site development standards may be considered per subsection (E) of this section. Certain land uses may have special development standards per SCCC § 13.10.364. |
2. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and Department of Public Works Design Criteria. |
3. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements. |
(C)
Setbacks Abutting Residential and Agricultural Parcels.
(1)
Parcels abutting agricultural uses: see Chapter 16.50 SCCC regarding setback/buffer requirements.
(2)
Parcels abutting or across the street from residential or non-commercial agricultural zone districts.
(a)
The minimum side or rear yard abutting or across the street from an RM or RF district shall be 10 feet.
(b)
The minimum side or rear yard abutting an R-1 or A district shall be 15 feet.
(c)
Third floor setbacks. Minimum 50 percent of third floor exterior walls must be set back an additional 10 feet from the front, side, and rear yard setback lines.
(D)
Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in a SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.
(E)
Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC § 13.10.235) or variance (SCCC § 13.10.230).
(Ord. 3432 § 1, 1983; Ord. 4314 § 5, 1994; Ord. 4496-C § 31, 1998; Ord. 4836 § 91, 2006; Ord. 5083 § 4, 2010; Ord. 5325 §§ 15, 16, 2020; Ord. 5326 §§ 15, 16, 2020; Ord. 5423 § 15, 2022)
13.10.364 Special standards and conditions for the Public and Community Facilities PF District.
(A)
Emergency Shelters. Emergency shelters shall be permitted without additional discretionary review, subject to the following conditions:
(1)
The maximum number of clients that may be served on a nightly basis shall be that number which can be accommodated in the facility while meeting the requirements of the California Fire Code, and in no case shall this number exceed 75.
(2)
No individual or household may be denied emergency shelter because of an inability to pay for accommodation.
(3)
Parking shall be provided at a rate of one space per seven beds, plus one space for each awake overnight staff person.
(a)
A lower parking requirement may be approved under the provisions of Chapter 13.16 SCCC.
(4)
The client intake area must provide a minimum of two square feet of space per client based on the number of clients expected on a nightly basis. Intake areas shall be oriented toward the interior of the site whenever possible, so as to minimize spillover of waiting clients to neighboring properties or the public street, and may include a combination of both indoor and outdoor space.
(5)
On-site management shall be provided during all hours of operation as described below, and all operators must ensure that an operations manual that includes, at a minimum, the following components is available to staff at all times:
(a)
Awake overnight supervision procedures and practices. A minimum of one awake overnight staff person for every 45 clients shall remain on site during operation hours. If shelters serve fewer than 45 clients on a given night, a minimum of one awake overnight staff person shall be required. Additionally, all supervision staff shall be trained in first aid and CPR;
(b)
Emergency evacuation procedures;
(c)
Client intake procedures;
(d)
Process for providing referrals to other agencies or organizations serving the client population including drug treatment, mental health, hygiene, and healthcare services not otherwise provided on site; and
(e)
Facility maintenance and site management.
(6)
Interior and exterior lighting shall provide for the safety of staff and clients, while minimizing impacts on neighboring properties.
(a)
All exterior lighting shall include cut-offs that prevent light from extending beyond the boundaries of the property.
(b)
Interior lighting shall include exit-path lighting in sleeping and living areas, and full lighting of all bathroom and washroom areas.
(7)
Emergency shelter facilities shall maintain a safe and secure environment, ensuring the safety of all staff and clients, as well as a secure location for valuables, such as a locker for each client or a locked room for storing valuables and medication during sleeping hours, including a location for medications that must be refrigerated.
(8)
New emergency shelters with proposed building envelopes within 50 feet of a mapped scenic resource or a slope exceeding 30 percent will require a CUP approval. Existing structures converted to use as emergency shelters will not be subject to this requirement.
(9)
Exceptions to the above standards for emergency shelters may be considered with a CUP approval.
(B)
Hospitals, Medical Office Buildings, and Mixed-Use Medical Developments. Within the urban services line on properties greater than or equal to five acres, hospitals, medical office buildings, and mixed-use medical developments shall be subject to the following special development standards:
(1)
Lot coverage 50 to 95 percent; and
(2)
Maximum building height of 60 feet (not to exceed four stories).
Mixed-use medical developments must have a medical facility as the primary use, constituting at least 50 percent of gross building square footage. The remaining square footage may be commercial and/or residential land use. Commercial uses may include offices, neighborhood/community sales and services, and eating and drinking establishments listed in SCCC § 13.10.332(D), Commercial Uses Chart. Maximum residential density shall be per the Urban High Flex General Plan designation.
(C)
Accessory Dwelling Units (ADUs). ADUs shall be subject to the use and development standards in SCCC § 13.10.681. Where there are conflicts between this section and SCCC § 13.10.681, SCCC § 13.10.681 shall take precedence.
(D)
School Employee Housing and Affordable Rental Housing.
(1)
Definitions. As used in this article, Public and Community Facilities PF District, the following phrases are defined as follows:
(a)
"Affordable rental housing"
means a multifamily rental housing project in which all the units, except for a manager's unit, are affordable to and restricted to occupancy by lower-income households as defined in Title 25 of the California Code of Regulations, Section 6928. Affordable rental housing projects may be located on a site in the PF District within the USL or RSL. The housing shall be developed and operated by a qualified 501(c)(3) non-profit organization and restricted for lower-income housing use for a term of at least 55 years, pursuant to a recorded rent regulatory agreement with the County. The project may not be subdivided into individual condominium units for sale.
(b)
"School employee housing"
means multifamily rental housing for employees of the school district or private school ("school entity") that owns the housing project. The rental units may be designed for occupancy by an individual employee of the school entity, or by an employee and their family or household, or a combination of unit types. School employee housing shall be located on sites that are owned by a school entity, and located in the PF District. The project may not be subdivided into individual condominium units for sale.
(2)
Residential Density. The density allowed for school employee housing and affordable rental housing shall be to the density range for the Urban High General Plan land use designation. The appropriate number of units shall be determined for each project, based upon an analysis of the adequacy of services and infrastructure that exists or that will be provided concurrent with development to support the proposed number of residential units and protection of environmental resources pursuant to SCCC Title 16. As a public/quasi-public use, school employee housing proposed on PF District sites located outside the URL and RSL is not subject to residential density determinations in Chapter 13.14 SCCC, Rural Residential Density Determinations.
(a)
If necessary, in order to finance the development of school employee rental housing, allow the creation of a new parcel boundary encompassing the development envelope of the proposed school employee rental housing to create a new legal parcel separate from the larger school property. A condominium map or subdivision map proposed to create a separate condominium or single-family parcel for each school employee housing unit will be subject to the Rural Density Matrix, where applicable, and to minimum parcel size requirements in the General Plan.
(3)
Application Requirements. Applications for school employee housing and affordable rental housing require discretionary approval as provided in the PF Uses Chart and are subject to environmental review under State law. As required pursuant to the General Plan, Chapters 7.38, 7.70, 7.71, 7.73 SCCC, SCCC Title 16, and other applicable laws and regulations, applications shall include information to demonstrate that adequate services and infrastructure, such as water supply, sewage disposal, fire protection, and roads, are available or will be provided concurrently with development. The County or applicable special district may require additional supplemental material and reports such as traffic studies, environmental reports, evaluation of potential impacts to water systems, and certification by the Environmental Health Services Division of the County Health Services Agency and the fire protection agency as needed to demonstrate compliance with laws and regulations requiring protection of public health and safety and environmental resources including riparian areas and other sensitive habitats, water quality, and provision of appropriate drainage and erosion control.
(Formerly 13.10.365; Ord. 3432 § 1, 1983; Ord. 5320 § 2, 2019; Ord. 5423 § 15, 2022)
13.10.365 Public facilities requirements for the Public and Community Facilities PF District.
(A)
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B)
All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.
(C)
All improvement requirements and impact fees for community facilities shall be met where required by district or section regulations (SCCC Title 15).
(Ord. 5423 § 15, 2022)
13.10.366 Other standards and conditions for the Public and Community Facilities PF District.
Other use and development standards applicable to the Public and Community Facilities Zone District include but are not limited to the following provisions of the SCCC:
Table 13.10.366-1: Other use and development standards applicable to the PF District | |
|---|---|
Topic | SCCC Section |
Nonconforming uses and structures | 13.10.260, et seq. |
General site standards | 13.10.500—13.10.600 |
Use of nondevelopable land | 13.10.671 |
Use of urban open space land | 13.10.672 |
Design review and site development | 13.11 |
Parking and circulation | 13.16 |
Coastal Zone regulations | 13.20 |
Roadway and roadside improvements | 15.10 |
Environmental and resource protection restrictions | Title 16 |
(Ord. 5423 § 15, 2022)
13.10.371 Purposes of the Timber Production TP District.
In addition to the general objectives of this chapter, the TP District is included in the zoning ordinance to achieve the following purposes:
(A)
To protect and maintain the timberland of the County through regulation of timberland use; to establish a zone district consistent with the mandates of the California Timberland Productivity Act of 1982; to protect the health, safety and welfare of the people of Santa Cruz County; and to preserve agriculture and other open space uses where compatible with timberland uses.
(Ord. 3432 § 1, 1983; Ord. 3632 § 11, 1985; Ord. 4873 § 5, 2007)
13.10.372 Uses in the Timber Production TP District.
(A)
Allowed Uses. The uses allowed in the Timber Production District shall be as provided in the Timber Production Uses Chart below. Certain disallowed uses that were legally established and are preexisting on a parcel may be considered legal nonconforming uses. See SCCC §§ 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses. For amendments to a use with a valid discretionary permit, see SCCC § 18.10.134.
(B)
Use Permits. A discretionary permit for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Timber Production uses chart. The processing procedures for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a coastal development permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Timber Production Uses Chart. Allowed uses and permit requirements in the TP Zone District are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.
All discretionary nontimber uses in the TP Zone District shall be compatible with the growing and harvesting of timber as supported by a compatibility analysis, pursuant to SCCC § 13.10.375(A).
KEY: | |
|---|---|
P | Permitted by right: Use is allowed without a use permit. |
ZC | Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required. |
MUP | Minor Use Permit: Discretionary permit, no public notice. |
AUP | Administrative Use Permit: Discretionary permit with public notice. |
CUP | Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified. |
MP | Mining permit issued in accordance with Chapter 16.54 SCCC, Mining Regulations. |
A | Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use. |
Table 13.10.372-1: Timber Production TP Uses Chart | ||
|---|---|---|
Use | Permit Required1 | References and Notes |
Timber Production | ||
Timber: Growing, harvesting: the cutting and removal of timber and other forest products, and incidental work | P | |
Accessory structures, non-habitable, when incidental to timber production or agricultural use | PA | § 13.10.312 |
Watershed management; habitat management, fish, and wildlife; in addition to timber harvesting | P | |
Agriculture | ||
Agricultural uses allowed by right in the CA Zone District (except as noted below): | P | § 13.10.312 and § 13.10.640 (for restrictions related to produce sales area and produce stands) |
Agricultural research and development facility | CUP | § 13.10.644 |
Agricultural employee housing, up to 12 units or 36 beds; caretaker unit | MUP | § 13.10.631 |
Greenhouses 500 sf or larger | MUP | § 13.10.636 |
Commercial stable or riding academy | CUP | § 13.10.644 |
Agricultural uses allowed with a use permit in the CA Zone District | CUP | § 13.10.312 |
Conversion of timberland to agricultural uses not exceeding 10 percent of the total timber area on the parcel | CUP | § 13.10.312 |
Commercial Cannabis Cultivation, Manufacturing, and Distribution | ||
All uses subject to SCCC § 13.10.650 (non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC. | ||
Indoor cultivation (including greenhouses): outside the coastal zone and 1-mile buffer | AUP for Class CG licensed cultivation activities. CUP for other indoor cultivation. | |
AUP/CUP | Pre-existing legal commercial use must exist on site. | |
Commercial cannabis cultivation not permitted in the Coastal Zone and 1-mile buffer. | ||
AUP for Class CG licensed cultivation activities <500 sf. CUP for other outdoor cultivation. | ||
Outdoor cultivation (or new or existing hoop houses): outside the coastal zone and 1-mile buffer | AUP/CUP | Pre-existing legal commercial use must exist on site. |
Commercial cannabis cultivation not permitted in the Coastal Zone and 1-mile buffer. | ||
Water tank | MUPA | Pre-existing legal commercial use must exist on site. |
Manufacturing, Class 1 or 2 (outside the Coastal Zone and 1-mile buffer) | MUP/ CUP | MUP if manufacturing involves cannabis cultivated on site. Otherwise, CUP required. Pre-existing legal commercial use must exist on site. Class 1 or 2 manufacturing not permitted in the Coastal Zone and 1-mile buffer. Class 3 manufacturing not permitted anywhere in the TP district. |
Distribution, Class 1 (outside the Coastal Zone and 1-mile buffer) | MUP/CUP | CUP for cannabis distribution in new structures, MUP for existing structures. Pre-existing legal commercial use must exist on site. Class 1 distribution not permitted in the Coastal Zone and 1-mile buffer. Class 2 manufacturing not permitted anywhere in the TP district. |
Distribution, transport only | P | Pre-existing legal commercial use must exist on site. |
Other Commercial, Infrastructure and Utility Uses | ||
Energy cogeneration | CUP | § 13.10.700-C |
Mining: mineral production and quarry operations | MP | |
Research facilities for wildlife observation and research | CUP | Chapter 16.54 |
Septic tank sludge disposal sites that are approved by the Health Officer | AUP | Chapter 7.42 |
Utility facility | CUP | Includes private and public utilities and microgrids. § 13.10.700-M |
Wireless communication facilities | P/CUP | Subject to SCCC §§ 13.10.660 through 13.10.664, inclusive |
Residential Units | ||
One single-family dwelling per existing parcel of record | P/MUP | P outside coastal zone; MUP inside coastal zone. |
Dwelling groups of single-family dwellings | CUP/ CUP-PC | CUP for 1—2 dwelling units. CUP-PC for >2 dwelling units. |
See SCCC § 13.10.373 for density requirements. | ||
Accessory dwelling units (ADUs) or junior accessory dwelling units (JADUs) | PA/MUPA | P outside coastal zone; MUP inside coastal zone. |
A compatibility analysis is required pursuant to SCCC § 13.10.375(A). | ||
§ 13.10.681 | ||
Accessory structures (habitable and non-habitable) incidental to a residential use | PA | § 13.10.611 |
Mobile home, temporary, for not more than five years for a caretaker or watchman in isolated areas on a minimum of 10 acres | MUPA | |
Residential Units—Commercial Uses (ancillary to residential use) | ||
Family day care homes | PA | Serving up to 14 children § 13.10.700-D, § 13.10.613. |
Home occupations | PA/CUPA | See § 13.10.613 to determine when a CUP is required. |
Hosted rentals | MUPA | Hosted rental permit required per § 13.10.694. |
New hosted rental in dwellings with JADUs | AUPA | Hosted rental permit required per § 13.10.694. |
Non-hosted rentals | AUPA/CUPA | AUP for new rentals with 3 or fewer bedrooms. CUP for new rentals with 4 bedrooms or more. AUP for all non-hosted permit renewals. Non-hosted permit required per § 13.10.694. |
Recreation and Visitor Accommodation | ||
State parks | CUP | § 13.10.351, et seq. |
Organized camps and facilities for outdoor recreational, educational, religious activities | CUP | § 13.10.351, et seq. |
Bed and breakfast inns, limited to one inn per 40 acres | CUP | Access road must be approved by the responsible fire-protection agency. |
Small-scale commercial visitor accommodation, in the Coastal Zone, upon conversion of existing structure | CUP | § 13.10.689 Chapter 13.20 |
1. | Table indicates use permits only. Other discretionary permits may be required. |
(E)
Use Conditions.
(1)
Amplified Entertainment. A CUP is required for outdoor amplified entertainment.
(2)
Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.
(3)
Temporary/seasonal use: allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616.
(4)
Additional conditions for specific uses are found in other sections of the County Code as referenced in the Timber Production Uses Chart.
(Ord. 3432 § 1, 1983; Ord. 3593 § 11, 1984; Ord. 3632 § 11, 1985; Ord. 3747 § 1, 1986; Ord. 3842 § 2, 1987; Ord. 3893 § 2, 1988; Ord. 4036 § 6, 1989; Ord. 4099 § 5, 1990; Ord. 4496-C § 33, 1998; Ord. 4577 § 9, 1999; Ord. 4715 § 9, 2003; Ord. 4744 § 9, 2003; Ord. 4770 § 9, 2004; Ord. 4808 § 21, 2005; Ord. 4814 § 5, 2006; Ord. 4836 §§ 92, 93, 2006; Ord. 4873 § 6, 2007; Ord. 5092 § 4, 2011; Ord. 5229 § 4, 2016; Ord. 5266 § 5, 2018; Ord. 5272 § 6, 2018; Ord. 5325 § 17, 2020; Ord. 5326 § 17, 2020; Ord. 5334 § 6, 2020; Ord. 5336 § 6, 2020; Ord. 5345 § 4, 2020; Ord. 5365 § 4, 2021; Ord. 5382 § 4, 2021; Ord. 5402 § 7, 2022; Ord. 5423 § 16, 2022; Ord. 5439 § 7, 2023; Ord. 5480, 4/8/2025; Ord. 5497, 8/19/2025)
13.10.373 Development standards for the Timber Production TP District.
(A)
Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Design review is required for some site development permits pursuant to SCCC § 13.11.040–13.11.080.
(2)
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260, et seq.
(B)
Site and Structural Dimensions Chart. The following development standards shall apply within the TP District, except as noted elsewhere in this section or in the general exceptions as noted in SCCC § 13.10.510, et seq.
Table 13.10.373-1: TP Site and Structural Dimensions Chart1 | ||||||
|---|---|---|---|---|---|---|
Minimum Site Width (feet) | Minimum Parcel Frontage (feet) | Minimum Building Setback Distance from Property Line (feet) | Maximum Lot Coverage | Maximum Building Height (feet) | ||
Front Yard | Side Yard | Rear Yard | ||||
100 | 60 | 40 | 20 | 20 | 10% | 28 |
1. Exceptions to these standards for single-family residential development may be found in SCCC § 13.10.323. |
(C)
Minimum Parcel Size.
(1)
Parcels zoned as timber production under this chapter may not be subdivided into parcels containing less than 160 acres unless the owner submits a joint timber management plan prepared or approved as to content by a registered professional forester. The individual designated as possessor of timber rights on the property shall enter into a binding contract with the Board of Supervisors to manage and harvest timber on the timberland and to abide by the provisions of the timber management plan. Any such division shall require approval by a four-fifths vote of the Board of Supervisors. (See Table 13.10.373-2).
(2)
Outside the Coastal Zone, no land division shall create parcels smaller than 40 acres, and inside the Coastal Zone smaller than 160 acres, except pursuant to an approval by the Board of Supervisors at a noticed public hearing that conforms to the conditional densities and special findings required by this section and SCCC § 13.10.375. (See Table 13.10.373-2.)
(3)
Other regulations regarding minimum parcel sizes are found in SCCC § 13.10.510(G).
(D)
Maximum Residential Density. Residential density shall not exceed: one dwelling unit per 10 acres outside the Coastal Zone, and one dwelling unit per 40 acres inside the Coastal Zone. In addition, the maximum residential density shall conform to the General Plan and Chapter 13.14 SCCC, rural residential density determination matrix. (See Table 13.10.373-2.)
Table 13.10.373-2: Summary Parcel Size and Density Chart | ||
|---|---|---|
Outside Coastal Zone | Inside Coastal Zone | |
Timber management plan required if parcels will be smaller than | 160 acres | 160 acres |
Smallest parcels allowed without clustering and approval by the Board of Supervisors | 40 acres | 160 acres |
Highest density allowed with clustering and approval by the Board of Supervisors | 10 ac/du | 40 ac/du |
(E)
Clustering. Dwellings built as part of a dwelling group shall be clustered within 200 to 300 feet of each other, where feasible, to facilitate timber harvesting and to preserve the rural character of the land.
(F)
Timber Rights. In a clustered development, that portion of the property not included within the area of clustered parcels shall be held in common ownership and timber rights shall be held by a designated property owner or individual.
(G)
Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in an SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.
(Ord. 3432 § 1, 1983; Ord. 3632 § 11, 1985; Ord. 3747 §§ 2, 3, 1986; Ord. 4406 § 8, 1996; Ord. 4416 § 8, 1996; Ord. 5423 § 16, 2022)
13.10.374 Special standards and conditions for the Timber Production TP District.
(A)
Required Special Findings for Non-Timber Growing and Harvesting Uses. The following special findings shall be made for any non-timber growing and harvesting use or development for which any type of use permit or site development permit is required pursuant to the Timber Production Use Chart and/or SCCC § 13.11.035 in addition to the findings required by Chapter 18.10 SCCC:
(1)
The proposed uses will be physically compatible with the growing and harvesting of timber pursuant to the Timber Productivity Act of 1982 and the purposes of SCCC § 13.10.371; and
(2)
The proposed use is supported by a compatibility analysis, as defined in SCCC § 13.10.700-C, submitted as a part of the application for such proposed use, and which compatibility analysis has been approved as submitted, or as amended by the County, as a condition upon any permit granted.
(B)
Agricultural Resource Protection. The regulations and requirements of Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, and the General Plan and Local Coastal Program Land Use Plan policies pertaining to agricultural resource lands shall apply to all agricultural resource lands designated pursuant to Chapter 16.50 SCCC and located within the TP District.
(C)
Location of Development. Development shall be located on the non-timbered portion of the property, except where conversion of timber production land to agricultural use is permitted pursuant to SCCC § 13.10.372-1, TP Uses Chart.
(D)
Zoning to the TP District. An owner may petition to rezone land to the Timber Production District. The Board of Supervisors shall, by ordinance, upon the advice of the Planning Commission pursuant to Government Code Section 51110.2, and after public hearings, zone as Timber Production parcels submitted to it by petition pursuant to Government Code Section 51113, which meet all of the following criteria:
(1)
Submittal of a map with the legal description or assessor's parcel number of the property to be zoned;
(2)
Submittal of a timber management plan for the property that has been prepared, or approved as to content, by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan;
(3)
The parcel must either currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the Board of Forestry for the Southern Subdistrict of the Coast Forest District, or the owner must enter into an agreement with the Board of Supervisors that the parcel shall meet such stocking standards and Forest Practice Rules by the fifth anniversary of the signing of the agreement. Failure to meet such stocking standards and Forest Practice Rules within this time period shall constitute grounds for rezoning the parcel;
(4)
Upon the fifth anniversary of the signing of the agreement, the Board shall determine whether the parcel meets the timber stocking standards in effect on the date that the agreement was signed. If the parcel fails to meet the timber stocking standards, the Board shall immediately rezone the parcel and specify a new zone for the parcel, which is in conformance with the General Plan/Local Coastal Program Land Use Plan and the primary use of which is other than timberland;
(5)
The parcel is timberland as defined in subdivision (f) of Government Code Section 51104;
(6)
Use of the parcel complies with the Timber Production Zone uses set forth in SCCC § 13.10.372; and
(7)
The land area to be rezoned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of single or contiguous parcels consisting of at least 40 acres in area.
(E)
Rezoning to Another District. Rezoning of the land from Timber Production (TP) to another zone district shall conform to the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements.
(F)
Timber Harvest Related Helicopter Operations. Staging and loading activities, and service areas, for timber operations involving the use of helicopters shall be prohibited unless the staging, loading or service area:
(1)
Is on the parcel or on a parcel which is contiguous to the parcel from which the timber is being harvested;
(2)
Is within a parcel that is either zoned TP or is zoned in another zone district where timber harvesting is permitted; and
(3)
Is within the boundaries of the timber harvest plan (THP) or the nonindustrial timber management plan (NTMP), and the THP or NTMP is approved by the California Department of Forestry and Fire Protection.
(Formerly 13.10.375; Ord. 3432 § 1, 1983; Ord. 3632 § 11, 1985; Ord. 4496-C § 36, 1998; Ord. 4577 § 10, 1999; Ord. 4873 §§ 7, 8, 2007; Ord. 5015 § 1, 2008; Ord. 5423 § 16, 2022)
13.10.375 Public notification requirements.
(A)
A seller of real property which is located adjacent to land included in the Timber Production (TP) Zone as shown on the County Assessor's parcel maps shall disclose to the prospective purchaser that Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. This property adjoins land included in the Timber Production Zone as designated on the County Assessor parcel maps. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to the growing and harvesting of timber or other uses permitted within the Timber Production Zone.
(B)
The following statement shall be included in the seller's disclosure statement in the form set forth in subdivision (b) of Section 1102.6a of the California Civil Code for the transfer of real property adjacent to land included in a Timber Production Zone as designated on the County Assessor parcel maps and shall be recorded as part of any deed conveying the property:
The property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone. |
(C)
The County Building Official shall require, prior to issuance of building permits on parcel(s) adjacent to a Timber Production Zone, either:
(1)
Recordation of the following statement of acknowledgment by the owners of the property on a form approved by the Building Official:
The undersigned do hereby certify to be the owner(s) of the hereinafter legally described real property located in the County of Santa Cruz, State of California, and do hereby acknowledge that the property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone. |
This statement of acknowledgment shall be recorded and shall be binding upon the undersigned, and future owners, encumbrances, their successors, heirs, or assignees. The information contained in this statement of acknowledgement is required to be disclosed to prospective purchasers of the property described herein, and is required to be included in the seller's disclosure statement for the purchase of the property, and in any deed conveying the property. |
Or
(2)
Evidence that the above statement or a disclosure statement in compliance with subsection (B) of this section has been recorded in the official records of Santa Cruz County as part of the deed of the parcel.
(Formerly 13.10.376; Ord. 4197 § 1, 1992; Ord. 5423 § 16, 2022)
13.10.376 Public facilities requirements for Timber Production TP District.
(A)
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B)
All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.
(Ord. 5423 § 16, 2022)
13.10.377 Other standards and conditions for the Timber Production TP District.
Other use and development standards applicable to the timber production district include but are not limited to the following provisions of the SCCC:
Table 13.10.377-1: Other Use and Development Standards Applicable to the TP District | |
|---|---|
Topic | SCCC Section |
Nonconforming uses and structures | 13.10.260, et seq. |
General site standards | 13.10.500—13.10.600 |
Use of nondevelopable land | 13.10.671 |
Use of urban open space land | 13.10.672 |
Design review and site development | 13.11 |
Parking and circulation | 13.16 |
Coastal Zone regulations | 13.20 |
Roadway and roadside improvements | 15.10 |
Environmental and resource protection restrictions | Title 16 |
(Ord. 5423 § 16, 2022)
13.10.378 Timber harvest related helicopter operations.
Repealed by Ord. 5423.
(Ord. 4572 § 1, 1999; Ord. 4578 § 3, 1999)
13.10.381 Purposes of the Special Use SU District.
In addition to the general objectives of this chapter, the SU District is included in the zoning ordinance to achieve the following purposes:
(A)
General. To provide for and regulate the use of land for which flexibility of use and regulation are necessary to ensure consistency with the General Plan, and to encourage the planning of large parcels to achieve integrated design of major developments, good land use planning, and protection of open space, resource, and environmental values.
(B)
Lands with a Variety of Physical Constraints. To provide for the development of lands with a variety of physical hazard constraints or about which there is a lack of sufficient information about the particular characteristics of the land or where some unusual feature of the known characteristics of the land precludes effective use and regulation of such land under any other zone district.
(C)
Mixed Uses. To provide for the development of lands which are designated on the General Plan for mixed uses, and where the specific portions of the land reserved for each use have not yet been specified or determined in detail.
(Ord. 3432 § 1, 1983)
13.10.382 Uses in the Special Use SU District.
(A)
Allowed Uses.
(1)
All uses allowed in the RA and R-1 Zone Districts shall be allowed on parcels in the Special Use SU District where the RA and R-1 zone districts are consistent with the General Plan and Local Coastal Program land use designation for the parcel and when authorized at the highest approval levels specified in the uses chart in SCCC § 13.10.322(D) for those districts. Certain disallowed uses that are preexisting on a parcel and were legally established may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses. For amendments to a use with a valid discretionary permit, see SCCC § 18.10.134.
(2)
All uses allowed in zone districts other than RA and R-1 shall be allowed on parcels in the Special Use SU District when the applicable zone district is consistent with the General Plan and Local Coastal Program land use designation for the parcel and when authorized at the highest approval level required by all such districts but no lower than a conditional use permit, with the exception of permanent room housing, which shall be allowed with a conditional use or site development permit processed with public notice and a Planning Commission public hearing, subject to SCCC § 13.10.424 through § 13.10.429.
(3)
Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the Special Use SU Zone District.
(4)
Vacation rentals are allowed in the Special Use SU District where the underlying General Plan land use designation allows residential uses with no requirement to have any other use. The applicable General Plan land use designations that allow residential uses with no requirement to have any other use are the Agricultural (AG) land use designation, the Existing Park, Recreation and Open Space (O-R) land use designation, the Urban Open Space Lands (O-U) land use designation, and the following residential land use designations: R-M, R-R, R-S, R-UVL, R-UL, R-UM, and R-UH.
(5)
Non-Retail Commercial Cannabis Uses.
(a)
Commercial cannabis cultivation uses may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC § 13.10.650, where the General Plan designation is "R-R" (Rural Residential), "R-M" (Mountain Residential), "AG" (Agriculture) or "I" (Heavy Industry). Where the General Plan designation is R-R, R-M, or AG, cultivation uses may be permitted subject to the limitations applicable under SCCC § 13.10.312(B) and § 13.10.650 in the RA Zone District. Where the General Plan designation is I, cultivation uses may be permitted subject to the limitations applicable under SCCC § 13.10.342(B) and § 13.10.650 in the M-3 Zoning District.
(b)
Commercial cannabis manufacturing uses may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC § 13.10.650, where the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential), "AG" (Agriculture) or "I" (Heavy Industry). Where the General Plan designation is R-R, R-M or AG, manufacturing uses may be permitted subject to the limitations applicable under SCCC § 13.10.312(B) and § 13.10.650 in the RA Zone District. Where the General Plan designation is I, manufacturing uses may be permitted subject to the limitations applicable under SCCC § 13.10.342(B) and § 13.10.650 in the M-3 Zoning District.
(c)
Class 1 cannabis distribution may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC § 13.10.650, where the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential), "AG" (Agriculture) or "I" (Heavy Industry). Where the General Plan designation is R-R, R-M or AG, Class 1 distribution uses may be permitted subject to the limitations applicable under SCCC § 13.10.312(B) and § 13.10.650 in the RA Zone District. Where the parcel has a General Plan designation of I, Class 1 distribution uses may be permitted subject to the limitations of SCCC § 13.10.342(B) and § 13.10.650 for the M-3 Zoning District. Class 2 cannabis distribution may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC § 13.10.650, where the General Plan designation is Service Commercial/Light Industry (C-S) or I. Class 2 distribution uses on these parcels may be permitted subject to the limitations of SCCC § 13.10.342(B) and § 13.10.650 for the M-3 Zoning District.
(B)
Use Permits. A discretionary permit for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in subsection (A) of this section. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(C)
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a Coastal Development Permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D)
Densities.
(1)
Residential densities allowed in the Special Use Zone District shall be consistent with those specified in the General Plan and Local Coastal Program Land Use Plan, and in Chapter 13.14 SCCC, Rural Residential Density Determinations.
(2)
Visitor accommodations densities shall be consistent with SCCC § 13.10.689.
(Ord. 3432 § 1, 1983; Ord. 3632 § 12, 1985; Ord. 4577 § 11, 1999; Ord. 5092 § 5, 2011; Ord. 5272 § 8, 2018; Ord. 5305 § 4, 2019; Ord. 5423 § 18, 2022)
13.10.383 Development standards for the Special Use SU District.
(A)
Site Development Permit. A discretionary permit for physical site development associated with an allowed use is known as a site development permit. The "Site Development Chart" in SCCC § 13.11.037 provides permit requirements for physical site development. The processing procedures and general requirements for site development permits are detailed in Chapters 13.11 and 18.10 SCCC, Discretionary Permit Approval Procedures.
(1)
Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080.
(2)
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260, et seq.
(B)
Site and Structural Dimensions. For single-family dwellings and accessory structures, the SU district development standards shall be the same as those contained in SCCC § 13.10.323 pertaining to residential districts and shall further be based on the size of the parcel for purposes of applying SCCC § 13.10.323(B). For structures other than single-family dwellings and accessory structures, the development standards for any permitted use shall be in keeping with the requirements, restrictions or regulations provided in this chapter for the most restrictive district within which the use is allowed.
(Ord. 3432 § 1, 1983; Ord. 4314 § 6, 1994; Ord. 5423 § 18, 2022)
13.10.384 Special standards and conditions for the Special Use SU District.
Division of any parcel in the Special Use SU District shall be allowed only pursuant to the following approvals: two to 19 lots or five to 19 units as a conditional use permit; and 20 or more lots or units as a conditional use permit with approval by the Planning Commission.
(Formerly 13.10.385; Ord. 3432 § 1, 1983; Ord. 3632 § 13, 1985; Ord. 4496-C § 38, 1998; Ord. 5423 § 18, 2022)
13.10.385 Public facilities requirements for the Special Use SU District.
(A)
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B)
All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.
(C)
All improvement requirements and impact fees for community facilities shall be met where required by district or section regulations (SCCC Title 15).
(Ord. 5423 § 18, 2022)
13.10.386 Other standards and conditions for the Special Use SU District.
(A)
Other Regulations. Other development standards applicable to the Special Use Zone District include but are not limited to the following provisions of the SCCC:
Table 13.10.386-1: Site Standards for the SU District | |
|---|---|
Topic | SCCC Section |
General site standards | 13.10.510, et seq. |
Nonconforming uses and structures | 13.10.260, et seq. |
General site standards | 13.10.500—13.10.600 |
Use of nondevelopable land | 13.10.671 |
Use of urban open space land | 13.10.672 |
Design review and site development | 13.11 |
Parking and circulation | 13.16 |
Coastal Zone regulations | 13.20 |
Environmental and resource protection restrictions | Title 16 |
(Ord. 5423 § 18, 2022)
13.10.390 Residential density bonuses and affordability incentives.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994)
13.10.391 Density bonus authorized.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994; Ord. 4836 §§ 94, 95, 2006)
13.10.392 Alternative incentives in place of bonus.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994)
13.10.393 Additional concessions or incentives.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994)
13.10.394 Waiver or modification of standards.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994)
13.10.395 Determination of feasibility.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994)
13.10.396 Additional application and notice requirements.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994)
13.10.397 Enforcement of affordability.
Repealed by Ords. 4815 and 5055.
(Ord. 4346 § 25, 1994)
13.10.400 Combining districts.
The following combining designations may be applied to basic zone districts in order to impose particular limitations or exercise some type of planning control. A combining district shall be denoted by the use of a dash and the letter(s) listed below under "Designation," following the basic zoning designation:
Table 13.10.400-1: Combining Districts | ||
|---|---|---|
SCCC | Designation | Summary of Limitations Imposed |
13.10.416 through 13.10.418 | D (Designated Park Site) | Denotes parcels designated in the General Plan and Local Coastal Program Land Use Plan in whole or part as proposed park sites. |
13.10.421 through 13.10.423 | GH (Geologic Hazards) | Denotes the presence of a particular physical hazard on the property; use and development is subject to the Geologic Hazard Ordinance (Chapter 16.10 SCCC) regulations. |
13.10.424 through 13.10.429 | PRH (Permanent Room Housing Combining District) | Denotes parcels with structures originally in use as Type A visitor accommodations, nursing homes, residential care facilities, or other transient accommodations or care facilities, which may be used as permanent multifamily rental housing in multifamily structures or dwelling groups, with specific use and development standards.1 |
13.10.431 through 13.10.433 | H (Assisted Housing) | General Plan and Local Coastal Program Land Use Plan policies regarding affordable housing priority sites apply. |
13.10.434 through 13.10.436 | SBE (Seascape Beach Estates) (Combining Zone District) | Denotes parcels in the Seascape Beach Estates neighborhood with special residential development standards intended to maintain characteristics of the existing built environment and ensure protection of the public viewshed. |
13.10.437 through 13.10.439, 13.12 | AIA (Airport Influence Area Combining District) | Denotes parcels within two miles of the boundary of the Watsonville Municipal Airport; use and development is subject to the Airport Combining Zone District Ordinance (Chapter 13.12 SCCC) regulations. |
13.10.441 through 13.10.443 | I (Statement of Intention) | Board of Supervisors has agreed not to rezone the property in the foreseeable future. |
13.10.444 through 13.10.448 | PP (Pleasure Point Community Design) | Denotes parcels subject to special residential design standards and guidelines specific to the Pleasure Point neighborhood, to be applied in addition to the residential site standards found in SCCC § 13.10.323(B). |
13.10.451 through 13.10.453 | L (Historic Landmark) | Property/structure has been designated a historic landmark and is subject to the regulations of the Historic Resources Ordinance (Chapter 16.42 SCCC). |
13.10.456 through 13.10.458 | MH (Mobile Home Park) | Denoted property upon which a mobile home park has been established pursuant to an approved development permit or legally established prior to the requirement for a development permit; mobile home park development, operation, rental, sale and conversion are subject to all provisions of Federal, State and County regulations. |
13.10.461 through 13.10.463 | O (Open Space Easement) | Owner has executed an open space easement contract with the County to maintain the land in its natural state for a period of 10 years. The 10-year period is renewed every year. |
13.10.471 through 13.10.473 | P (Agricultural Preserve and Farmland Security) | Owner has executed an agricultural preserve contract with the County to maintain the land in agricultural and open space use for a period of 10 years. The 10-year period is renewed every year. |
13.10.475 through 13.10.477 | R (Regional Housing Need) | Special use and development standards for development of housing at density of 20 units per acre with any RM-2 zoned parcel, or in C-1, C-2, or PA commercial zones, or public facility zones2. |
13.10.481 through 13.10.483 | SP (Salamander Protection) | The regulations of the Sensitive Habitat Protection Ordinance (SCCC Chapter 16.32) apply and require special site development standards to protect the endangered species. |
13.10.491 through 13.10.493 | W (Watsonville Utility Prohibition) | Prevention of urban services to undeveloped/rural areas west of the City of Watsonville to protect farmlands and environmentally sensitive areas in the Coastal Zone west of Watsonville. |
13.10.494 through 13.10.497 | Min (Ministerial Combining District) | Proposed rental or for-sale multifamily housing developments in the -Min combining district shall be processed on a ministerial basis (i.e., a "by-right" or "non-discretionary" development review process), if at least 20 percent of the total units in the multifamily development are restricted lower-income units available for rent or for sale to lower-income households (at or below 80 percent of area median income). Ministerial projects are exempt from CEQA review pursuant to the Public Resources Code and CEQA Guidelines. Qualifying development applications in this district are subject to and shall be processed consistent with Government Code Subsections 65583.2(c), (h) and (i), or their successor subsections, and with Programs H-1B and H-1C of the 2023-2031 Housing Element of the General Plan, as further set forth in SCCC § 13.10.494 through § 13.10.497. |
1 PRH Zoning Map 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. |
2 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 § 18.30.184(C) and (D). |
(Ord. 3432 § 1, 1983; Ord. 4346 § 26, 1994; Ord. 4370 § 3, 1995; Ord. 4836 § 96, 2006; Ord. 5063 § 2, 2010; Ord. 5294 § 2, 2019; Ord. 5305 §§ 5, 6, 2019; Ord. 5307 § 2, 2019; Ord. 5423 § 19, 2022; Ord. 5452 § 1, 2024)
13.10.416 Purposes of the "D" Designated Park Site Combining Zone District.
The Designated Park Site Combining District is established to denote those parcels which have been designated in whole or part by the County General Plan to be acquired and/or developed for future neighborhood, community or regional public recreational facilities.
(Ord. 3844 § 4, 1987)
13.10.417 Designation of the "D" Designated Park Site Combining District.
Parcels which have been designated by the County General Plan for future acquisition and/or development in whole or part for neighborhood, community, or regional parks shall be placed in a Designated Park Site "D" Combining District. Other properties designated in the County General Plan for any other type of future public recreational use may be placed in a Designated Park Site "D" Combining District at the discretion of the Board of Supervisors following a recommendation from the Planning Commission.
(Ord. 3844 § 4, 1987)
13.10.418 Use and development standards in the "D" Designated Park Site Combining District.
(A)
Any project located within the "D" Combining District for which an application for one or more of the following permits or approvals is submitted in accordance with Chapter 18.10 SCCC may, at the discretion of the Director of Parks, Open Space and Cultural Services, be submitted to the County Parks and Recreation Commission for a park site review pursuant to SCCC § 15.01.080:
(1)
A building permit for a new single-family dwelling;
(2)
A building permit for a new accessory dwelling unit inside the coastal zone;
(3)
A coastal development permit for a new single-family dwelling or an accessory dwelling unit that is not exempt or excluded pursuant to Chapter 13.20 SCCC;
(4)
A land division permit;
(5)
A commercial development permit;
(6)
A policy amendment; or
(7)
Any other development permit processed at Level V or greater.
Each member of the Board of Supervisors shall be notified by the Director in writing if the determination of the Director is not to proceed with the review, and a member shall have 10 calendar days following receipt of such notification by the Board to refer the application to the Parks and Recreation Commission. The Parks and Recreation Commission shall consider possible County acquisition of the land and appropriate recreational development and use of it, pursuant to Chapter 15.01 SCCC.
(B)
If the Parks and Recreation Commission recommends the acquisition of a designated park site which would preclude development of the proposed project in any form, the project application shall be forwarded directly to the Board of Supervisors to consider acquiring the property according to the procedures established to implement General Plan policies for park land acquisition.
(C)
If the Parks and Recreation Commission recommends acquisition of only a part of a parcel and/or development of the land in a manner which would allow the project to proceed in the proposed form or a modified form, their recommendation shall be incorporated into the design of the project. Failure to incorporate the Parks and Recreation Commission's recommendations into the proposed project shall constitute grounds for denial of the project application.
(D)
If the Parks and Recreation Commission, or subsequently the Board of Supervisors, determines that the acquisition and/or development of a designated park site in whole or in part for park and recreation use is not appropriate or feasible, the proposed project shall be subject only to the regulations of the basic zone district.
(E)
Determinations of the Parks and Recreation Commission regarding the acquisition of designated park sites are appealable to the Board of Supervisors pursuant to Article VI of Chapter 18.10 SCCC.
(Ord. 3844 § 4, 1987; Ord. 4772 § 3, 2004; amended during 9/07 supplement; Ord. 5239 § 6, 2017; Ord. 5264 § 7, 2018; Ord. 5265 § 6, 2018; Ord. 5372 § 5, 2021; Ord. 5382 § 5, 2021)
13.10.421 Purposes of the Geologic Hazards GH Combining District.
The purposes of the GH Combining District are:
(A)
To designate those lands which are located in areas containing geologic hazards which constitute a threat to life and property.
(B)
To facilitate implementation of the requirements of the geologic hazards ordinance, Chapter 16.10 SCCC, to reduce the loss of life, injury, damage to public and private property, and public costs for rescue operations, disaster relief and cleanup which are associated with the natural physical hazards of earthquakes, tsunamis, floods, and landslides.
(Ord. 3432 § 1, 1983)
13.10.422 Designation of the Geologic Hazard GH Combining District.
(A)
The Geologic Hazards GH Combining District may be applied to properties where appropriate to facilitate the planning and regulation of land use and development where one or more of the following geologic hazards exist:
(1)
Coastal bluffs and beach areas;
(2)
Active and potentially active fault zones;
(3)
Areas of high or very high liquefaction potential;
(4)
Active and potentially active landslide areas;
(5)
One-hundred-year floodplains and tsunami inundation areas.
These hazards are mapped on documents filed with the Planning Department.
(B)
The Geologic Hazards Combining District shall usually be applied to the entire parcel on which the geologic hazard is located in order to provide early notice of the development constraint and to allow precise determination of the presence and location of the hazard at the time of development project review.
(Ord. 3432 § 1, 1983)
13.10.423 Use and development standards in the Geologic Hazards GH Combining District.
In addition to the regulations for development and use imposed by the basic zone district, all projects shall be subject to the provisions of the geologic hazards ordinance, Chapter 16.10 SCCC, as appropriate based on the type of specific geologic hazard(s) which are present on the property and the location of the project.
(Ord. 3432 § 1, 1983)
13.10.424 Definitions.
The following words and phrases are defined in SCCC § 13.10.700:
(A)
"Affordable housing."
(B)
"Hotel."
(C)
"Limited food preparation area."
(D)
"Lodging house."
(E)
"Motel"
(F)
"Nursing home."
(G)
"Permanent room housing unit."
(H)
"Residential care home."
(I)
"Visitor accommodations, Type A."
(Ord. 5305 § 7, 2019)
13.10.425 Purposes of the Permanent Room Housing PRH Combining District.
The purposes of the Permanent Room Housing PRH Combining District are to:
(A)
Preserve safe housing that is affordable by design and often occupied by low- and moderate-income residents who live or work in Santa Cruz County;
(B)
Provide property owners with an option to legally recognize or convert obsolete Type A visitor accommodation, nursing home, residential care, and other similar facilities to multifamily structures or dwelling groups, with or without support services;
(C)
Inside the Coastal Zone, encourage and protect lower cost visitor accommodation by disallowing conversion of Type A visitor accommodations that are actively operating, or on land zoned VA or CT, to multifamily structures or dwelling groups.
The PRH Combining District is intended to add an additional allowed use to eligible properties. Property owners within this district are not required to maintain multifamily rental housing in perpetuity. Property owners may amend or supersede PRH use/development permits for other land uses that are associated with the property's underlying zone district.
(Ord. 5305 § 7, 2019)
13.10.426 Designation of the Permanent Room Housing PRH Combining District.
The Permanent Room Housing PRH Combining District shall be available to all RA-, RR-, R-1-, RM-, VA-, PA-, C-1-, C-2-, C-4-, CT- and SU-zoned parcels with buildings that were originally established or permitted for Type A visitor accommodation (motel, hotel, lodging house), nursing home, residential care facility or other similar use. Parcels within the Coastal Zone are subject to Local Coastal Program policies regarding conversion of priority uses. In the Coastal Zone, VA- and CT-zoned parcels are not eligible for the PRH Combining District.
(Ord. 5305 § 7, 2019)
13.10.427 Use and development standards in the Permanent Room Housing PRH Combining District.
The following standards and incentives apply to PRH units in the Permanent Room Housing PRH Combining District. Where there are differences between this section and a property's underlying zone district, the provisions of this section shall apply:
(A)
Occupancy. The maximum number of occupants of a permanent room housing unit may not exceed that allowed by the State Uniform Housing Code, or other applicable State law.
(B)
Number of Permanent Room Housing Units.
(1)
Properties in the PRH Combining Zone District are allowed by right to maintain the number of permanent room housing units present on site at the time that the property is added to the PRH Combining Zone District, subject to the use/development permit.
(2)
Property owners may create additional permanent room housing units on site; provided, that:
(a)
Underlying zone district development standards are not exceeded; and
(b)
Density may not exceed the maximum residential density allowed as follows:
(i)
On properties with General Plan designation Mountain (R-M), Rural (R-R), and Suburban Residential (R-S), maximum density per net developable acre is determined by the rural density matrix calculation (SCCC § 13.14.060).
(ii)
On properties with General Plan designation Urban Very Low Density ((R-UVL), Urban Low Density (R-UL), Urban Medium Density (R-UM), and Urban Height Density (R-UH): maximum density per net developable acre is determined by the General Plan land use designation.
(iii)
On properties with nonresidential General Plan designations: maximum density is that allowed in the R-UH General Plan designation. There is no required minimum nonresidential square footage on PRH Combining Zone District properties.
(c)
Notwithstanding subsections (B)(2)(a) and (b) of this section, new PRH units may be created within existing building envelopes; provided, that these new units meet all other PRH development standards.
(3)
On properties where visitor accommodation is an allowed use, units used exclusively for short-term (less than 30 days) rental are not considered PRH units and are subject to the density requirements in SCCC § 13.10.335(B).
(4)
Property owners may demolish existing PRH units and rebuild PRH units at the maximum density allowed per this subsection (B), with a use/development permit per SCCC § 13.10.428(A)(2), and in accordance with applicable provisions of SCCC § 13.10.262 for nonconforming structures.
(C)
Permanent Room Housing Unit Size. Minimum unit size of 120 square feet. Maximum unit size of 500 square feet. Unit size shall be measured from the inside wall of the unit and shall include all conditioned space.
(1)
Maximum Unit Size Exceptions. Existing units larger than 500 square feet may be recognized and allowed through approval of a use/development permit, subject to SCCC § 13.10.428. New units may not be larger than 500 square feet, except that properties without an existing manager's unit may build one unit up to 1,500 square feet, for habitation by an on-site manager (subject to maximum allowed density and all other site development standards).
(2)
Minimum Room Size for New Units. New units must meet California Building Code requirements for minimum room area.
(D)
Kitchen Facilities. Each permanent room housing unit must include kitchen facilities that at a minimum meet the definition of "limited food preparation area" (SCCC § 13.10.700-L), or a common kitchen must be provided to adequately serve residents.
(E)
Bathroom Facilities. Each permanent room housing unit must include one full bathroom (sink, toilet, shower or shower/bathtub combination), or common bathroom facilities must be provided on site at a rate of one full bathroom per six units.
(F)
Health and Safety Requirements. Existing buildings must meet a checklist of minimum health and safety requirements determined by the County, based on the United States Department of Housing and Urban Development's Housing Quality Standards. A County Building Inspector will conduct inspections to confirm whether properties meet these minimum standards. In order to pass inspection, every item on the inspection checklist must be marked "Yes" or "N/A" for all proposed PRH units.
The following health and safety requirements apply to unpermitted structures, historic structures and new construction, renovation and addition projects:
(1)
Unpermitted Structures. Property owners with structures that were built or renovated without building permits must apply for permits based on current building standards. If owners cannot obtain permits for unpermitted structures or renovations based on current code standards, owners may participate in the County's Safe Structures program to obtain a certificate to authorize continued use.
(2)
Historic Structures. Historic structures must comply with SCCC § 16.42.060.
(3)
New Construction, Renovations, Additions. Any new construction, renovation, or addition must meet current County zoning and building code requirements in the area of work.
(G)
Nonconforming Structures. Permanent room housing units in legal nonconforming structures (structures that do not meet the setback, height, floor area ratio or lot coverage development standards for the underlying zone district) may be altered per SCCC § 13.10.262.
(H)
Off-Street Parking Requirement. One space per permanent room housing unit. Parking space dimensions must follow the requirements of SCCC § 13.16.050.
(1)
Reduced Parking Allowances. On-site parking for senior, special-needs, and supportive housing may be provided at the following reduced ratios:
(a)
0.5 parking spaces per unit for senior housing and special-needs housing.
(b)
0.3 parking spaces per unit for permanent supportive housing.
In order to qualify for reduced parking allowances, the property owner must provide a signed agreement with the County specifying the type of rental housing to be provided.
(I)
Bicycle Parking. One bicycle parking space per permanent room housing unit is encouraged for properties within 0.5 mile of a Class I, II or III bicycle lane. Bicycle parking space dimensions are provided in SCCC § 13.16.040. Storage sheds for bicycles are encouraged but not required.
(J)
Storage. Each permanent room housing unit is encouraged to provide at least 50 cubic feet of storage space in the form of indoor closets, wardrobes, cabinets, indoor common area lockers or storage rooms, or outdoor storage lockers or storage sheds.
(K)
Short-Term Rentals. Short-term (less than 30 days) rentals are allowed in units in the PRH Combining Zone District if short-term rentals meet the following conditions:
(1)
Short-term rental use is existing at the time the PRH zoning application is submitted, and is legally allowed in the underlying zone district.
(2)
Property owner is current in payment of transit occupancy tax (TOT), meaning that any required TOT has been paid for the previous three years.
(a)
Retroactive Payment of TOT. If a proposed PRH unit has been used for short-term rental in the previous three years, but the owner has not registered and paid TOT, proof of retroactive payment of the TOT amount due to the County to the extent allowed by law for the time during which a proposed PRH unit was being used a short-term rental shall be submitted.
(3)
Maximum 30 percent of units on parcels in the PRH Combining Zone District may be short-term rental units.
(4)
New short-term rental units may be constructed on properties in the PRH Combining Zone District; provided, that all use and development standards in this section are met.
(Ord. 5305 § 7, 2019)
13.10.428 Application processing.
(A)
Approvals Required. Property owners with eligible parcels must apply for a zoning plan amendment and a use/development permit for inclusion in the PRH Combining Zone District.
(1)
Zoning plan amendments to add properties to the PRH Combining Zone District allow property owners the option to have permanent room housing units on eligible parcels. Zoning plan amendments are processed per this chapter and Chapter 18.10 SCCC.
(a)
Findings required:
(i)
Zoning plan amendment findings per SCCC § 18.40.055.
(ii)
In the Coastal Zone, former visitor accommodations are functionally obsolete or economically infeasible, documented by conditions such as low occupancy rates and operation as residential use for three or more years.
(2)
Use/development permits define the parameters of the permanent room housing use on eligible properties and involve Planning Department review to ensure that eligible parcels meet the use and development standards defined in SCCC § 13.10.427. Use/development permits must identify the number and location of PRH units on a property. PRH use/development permits are processed as Level VI approvals per Chapter 18.10 SCCC.
Property owners already using a property for permanent room housing must apply for a use/development permit concurrently with a zoning plan amendment. Property owners proposing to convert units to permanent room housing may apply for a zoning plan amendment first, and later apply for a use/development permit before starting to use the property for permanent room housing.
(a)
Findings required:
(i)
Use/development findings per SCCC § 18.10.230(A).
(ii)
In the Coastal Zone, former visitor accommodations are functionally obsolete or economically infeasible, documented by conditions such as low occupancy rates and operation as residential use for three or more years.
(3)
Coastal development permits may be required for properties located within the Coastal Zone that do not qualify for an exemption or exclusion per Chapter 13.20 SCCC.
(4)
Building permits may be necessary for renovations or additions required by the Planning Department that are identified during the PRH inspection to meet health and safety requirements.
(B)
Submittal Requirements. Eligible property owners must submit the following information to the Planning Department:
(1)
Application Form. Application forms are available at the Planning Department Permit Center and on the County Planning Department website.
(2)
Owner/Agent Form. If an agent will represent the property owner in submitting the application, the property owner and agent must complete the owner/agent authorization form.
(3)
Application Deposit. The application fee is based on hourly rates for staff time to process the application.
(4)
Permits, plans or other proof that the property is or was previously used as visitor accommodation, convalescent home or similar use.
(5)
Basic site plan and floor plan documenting existing conditions. The site plan must show the location of all property lines, location of all existing buildings, and location of on-site parking spaces. The floor plan must show all units with each unit and rooms within units labeled. Plans are not required to be professionally drawn and do not have to be drawn at a precise scale but must be accurate, neat and readable. The minimum plan size is 11 by 17. Planning Department staff will review compliance with use and development standards, including but not limited to a site visit.
Any proposed renovations or additions must be presented in accordance with usual standards. which may require professionally drawn plans, drawn to scale.
(6)
Proof of long-term rental at each proposed PRH unit (e.g., lease agreements) indicating the unit number and the rent charged per unit. Personal tenant information should be blacked out.
(7)
Indicate any deed restricted affordable housing or intention to enter into deed restricted affordable housing.
(C)
Five-Year Review Requirement. PRH use/development permits shall include a condition of approval requiring a review by County staff at least once every five years from the date of permit issuance to confirm that the property is continuing to meet the use and development standards outlined in SCCC § 13.10.427, and to verify compliance with other conditions of approval. The review shall include the following:
(1)
Health/safety special inspection by County Building staff. The completed inspection checklist for each five-year special inspection, documenting that the property meets inspection requirements, must be added to the use/development permit file after completion of the special inspection. Inspection of PRH units shall require tenant permission or a warrant (in the case of an immediate threat to health and safety) as required by applicable law, but the inability to conduct inspections may be cause for revocation of PRH permits.
(2)
Any repairs required in order to pass the inspection checklist must be completed within 120 days of the inspection or as determined by the Building Official, and additional special inspection(s) must be conducted to verify that all repairs have been completed. A maximum of three special inspections may be conducted as part of the five-year review.
(3)
In order to monitor the intended use of PRH units as "affordable by design" to residents and the workforce, at the time of each five-year review, a report regarding rent rates for each PRH unit shall be provided.
(4)
Planning staff shall make the following finding:
(a)
The property remains in compliance with all requirements of the PRH use/development permit and does not meet any of the reasons for denial listed in subsection (D)(1) of this section.
(5)
Five-year review must be complete within 180 days of five-year due date. Property owner request for five-year inspection can begin six months prior to the five-year due date.
(D)
Denial or Revocation of Zoning Plan Amendment and/or Use/Development Permit.
(1)
Findings for Denial or Revocation. A zoning plan amendment and/or use/development permit may be denied, and a use/development permit may be revoked, for any of the following reasons:
(a)
Discovery of false statements intentionally submitted on an application.
(b)
Failure to comply with any of the use/development standards listed in SCCC § 13.10.427.
(c)
Failure to pass a required five-year review to maintain the use/development permit within 180 days of five-year due date.
(d)
Verified County Code violation cases that are unrelated to permanent housing use on the property.
(e)
Three or more verified, significant violations of County Code on the property within the last two calendar years. Evidence of significant violation includes, but is not limited to, copies of citations, verified complaints, written warnings and notices of violation, or other documentation filed by Planning Department staff and law enforcement.
(f)
Record of repeated visits by law enforcement to respond to criminal activity on the property, where the activity is attributable to the property owner, management, tenants or visitors.
(g)
Failure to pay transient occupancy tax for historical short-term rental use on the property within the past three years.
(h)
An unacceptable level of adverse neighborhood impacts is being generated by the PRH use, constituting a public nuisance per SCCC § 1.12.050.
(i)
The PRH use is not substantially meeting the purposes of the PRH Combining District.
(2)
Process for Revocation. For any of the reasons listed in subsection (D)(1) of this section, the Planning Director may recommend to the Planning Commission that a PRH use/development permit be amended or revoked.
(a)
The Planning Department must send a notice to the permittee specifying the basis for the Planning Director's recommendation, and the permittee shall have 30 days to respond to this notice.
(b)
If the permittee fails to respond to the notice and does not resolve the problem(s) that form the basis for the recommendation of permit revocation, the Planning Commission shall hold a public hearing to consider the Planning Director's recommendation and at least 30 days' written notice of the hearing shall be provided to the permittee specifying the basis for the Planning Director's recommendation.
(c)
In the PRH Combining Zone District, this revocation process supersedes the revocation process in SCCC § 18.10.136. A revocation decision by the Planning Commission is appealable to the Board of Supervisors per SCCC § 18.10.340.
(Ord. 5305 § 7, 2019)
13.10.429 Exceptions.
An applicant may request an exception to the requirements of SCCC § 13.10.427, pursuant to the following:
(A)
Exceptions to the PRH standards may be granted if the project is found to be consistent with the PRH Combining Zone District purposes, found in SCCC § 13.10.425, the use/development permit findings found in Chapter 18.10 SCCC, and at least one of the following additional findings:
(1)
There are special existing site or improvement characteristics or circumstances that appropriately excuse the project from meeting one or more of the use and development standards in SCCC § 13.10.427; or
(2)
The Permanent Room Housing PRH Combining District purposes, found in SCCC § 13.10.425, are better achieved by an alternative design; or
(3)
The granting of an exception will result in a superior project that is consistent with the Permanent Room Housing PRH Combining District purposes.
(B)
Any decision on an exception shall not establish a precedent for future applications.
(Ord. 5305 § 7, 2019)
13.10.431 Purposes of the Assisted Housing H Combining District.
The purpose of the Assisted Housing H Combining District is to increase the supply of housing affordable to low and moderate income households by means of the designation of sites for 100 percent affordable housing projects which are to be developed in accordance with the affordable housing policies of the Local Coastal Program Land Use Plan.
(Ord. 3432 § 1, 1983)
13.10.432 Designation of the Assisted Housing H Combining District.
The Housing H Combining District shall be applied to those parcels designated as "assisted housing sites" in the Local Coastal Program Land Use Plan.
(Ord. 3432 § 1, 1983)
13.10.433 Use and development standards in the Assisted Housing H Combining District.
Applications for development projects comprised of 100 percent affordable housing shall be processed by the County on a priority basis. Applications for projects for other than 100 percent affordable housing shall be processed in accordance with the housing site review procedures of the County's housing development fund program guidelines. The County shall have 12 months from the date of application to decide whether to acquire the site for assisted housing. If the County decides not to acquire the property, the owner may proceed with development consistent with the land uses and densities indicated by the General Plan and Local Coastal Program Land Use Plan; provided, that 35 percent of the units will be affordable.
(Ord. 3432 § 1, 1983)
13.10.434 Purpose of the SBE Combining District.
The purpose of the SBE Combining District is to:
(A)
Ensure that future development in the Seascape Beach Estates subdivision maintains consistency with the scale, character, and pattern of development that dominates the area by adopting site development standards intended to maintain the unique characteristics of the existing built environment.
(B)
Ensure protection of the public viewshed in this location which is mapped as a Coastal Scenic Resource Area, by regulating future development in the Seascape Beach Estates subdivision to maintain the general existing size and scale of development.
(Ord. 5294 § 3, 2019)
13.10.435 Designation of the SBE Combining District.
The SBE Combining District shall apply to parcels in Seascape Beach Estates, an area bordered on the north by Hidden Beach Park, on the east by Via Palo Alto, on the south by Via Verde, and on the west by public beach. Parcels recorded on the following subdivision maps shall be included: Aptos Seascape Estates Unit 1 [Tract 483], Unit 4 [Tract 511], Unit 14 [Tract 574], and the portion of Unit 2 [Tract 497] west of Via Palo Alto.
(Ord. 5294 § 3, 2019)
13.10.436 Residential development in the SBE Combining District.
In addition to the residential development standards in SCCC § 13.10.323, the following standards apply to residential development in the SBE Combining District. Where there are differences between this section and SCCC § 13.10.323, and/or other provisions of Chapter 13.10 SCCC, the provisions of this section shall apply.
(A)
Setbacks.
(1)
Minimum front yard setbacks shall be 20 feet.
(2)
Minimum side yard setbacks shall be 10 percent of lot width, but minimum setbacks shall be no less than five feet and no more than eight feet. On corner lots minimum exterior (street side) side yard setbacks shall be eight feet.
(3)
Minimum rear yard setbacks shall be measured as a specific distance from the front or rear lot line for each lot, as indicated in the figure titled "Seascape Beach Estates: Rear Setbacks."
 |
(B)
Maximum height of structure shall be limited on certain parcels as indicated in the figure titled "Seascape Beach Estates: Maximum Structure Height."
 |
(C)
Height of Structure, Measurement Standard. The height of a structure shall be measured from the highest point on the curb at the front of a parcel to the highest point of the structure, excluding chimneys.
(1)
Chimney Measurement. On all lots, chimneys shall not extend more than four feet above the roof unless required by building code regulations.
(2)
For corner lots, height shall be measured from the higher-elevation street side.
(D)
Floor Area Ratio. All parcels shall be subject to a maximum 0.6 (60 percent) floor area ratio.
(E)
Lot Coverage. All parcels that are limited in height to 16 or 18 feet shall be subject to a maximum lot coverage of 0.60 (60 percent). All other parcels shall be subject to a maximum lot coverage of 0.45 (45 percent). Any permit application that involves an increase in lot coverage shall incorporate measures or conditions that direct runoff to the landscape, use permeable paving material, reduce existing impermeable area, and/or incorporate other low impact drainage design practices to control any increase in stormwater runoff.
(F)
Nonconforming Structures.
(1)
Reconstruction of a nonconforming structure requires an administrative site development permit as defined in SCCC § 13.10.262(B).
(2)
In the case that a nonconforming structure is damaged by a catastrophic event, reconstruction of the structure or portions thereof is allowed upon issuance of a building permit and any approvals that may be required by other sections of the County Code, if the reconstructed structure does not increase the nonconforming dimensions of the structure.
(Ord. 5294 § 3, 2019)
13.10.437 Purpose of the Airport "AIA" Combining District.
The purposes of the Airport "AIA" Combining District are to protect public health, safety, and welfare by ensuring the orderly expansion of airports, and to implement land use measures that protect the public from exposure to excessive noise and safety hazards within specified areas around the Watsonville Municipal Airport.
(Ord. 5307 § 3, 2019)
13.10.438 Designation of the Airport AIA Combining District.
The Airport AIA Combining District shall be applied to properties within two miles of the boundary of the Watsonville Municipal Airport.
(Ord. 5307 § 3, 2019)
13.10.439 Use and development standards in the Airport AIA Combining District.
In addition to the regulations for development and use imposed by the basic zone district, all projects shall be subject to the provisions of the Airport Combining Zone District Ordinance, Chapter 13.12 SCCC.
(Ord. 5307 § 3, 2019)
13.10.441 Purposes of the Statement of Intention I Combining District.
The Statement of Intention Combining District denotes those lands for which the Board of Supervisors has adopted a statement of intention in accordance with Section 1630 of the State Revenue and Taxation Code. The statement of intention constitutes a rebuttable presumption that the Board of Supervisors intends to refrain from rezoning the subject property in the predictable future.
(Ord. 3432 § 1, 1983)
13.10.442 Designation of the Statement of Intention I Combining District.
Those parcels for which the Board of Supervisors has granted a statement of intention are designated with an I Combining District.
(Ord. 3432 § 1, 1983)
13.10.443 Uses and development standards in the Statement of Intention I Combining District.
This zoning classification imposes no restrictions beyond those of the basic zoning district.
(Ord. 3432 § 1, 1983)
13.10.444 Purposes of the Pleasure Point Community Design PP Combining District.
The purposes of the Pleasure Point Community Design PP Combining District are to:
(A)
Reduce the visual and shading impacts of new and expanded houses on neighboring parcels and houses;
(B)
Encourage community interaction and orientation towards the street by providing an incentive for the creation of more front porches in Pleasure Point; and
(C)
Reduce the visual impact of automobile-oriented features on residential building facades and in front yards.
(Ord. 5063 § 3, 2010)
13.10.445 Designation of the Pleasure Point Community Design PP Combining District.
The Pleasure Point Community Design PP Combining District shall apply to all R-1 and RM zoned parcels and residential development on PR zoned parcels in the Pleasure Point neighborhood, an area bounded by Portola Drive on the north, 41st Avenue on the east, Monterey Bay on the south, and the eastern shore of Corcoran Lagoon on the west.
(Ord. 5063 § 3, 2010)
13.10.446 Residential development standards in the Pleasure Point Community Design PP Combining District.
In addition to the residential site standards found in SCCC § 13.10.323(B), the following standards and incentives apply to residential development in the Pleasure Point Community Design PP Combining District. Where there are differences between this section and SCCC § 13.10.323(B), the provisions of this section shall apply. Where there are differences between this section and SCCC § 13.10.681(D) regarding Accessory Dwelling Units (ADUs), the provisions of SCCC § 13.10.681(D) shall apply, including a height provision specific to the PP Combining District for ADUs above garages.
(A)
Standards and Incentives Regarding Residential Building Mass and Height, and Access to Sun and Light.
(1)
Second Story Setbacks. For new two-story residential structures or second story additions, or any new single-story structure or addition that exceeds 15 feet in height, the second story exterior side walls, or the portion of the single-story exterior side wall exceeding 15 feet in height, shall be set back from the side yard property line as follows:
(a)
Lot Width of 35 Feet or Greater. Second story exterior side walls, or the portion of the single-story exterior side wall exceeding 15 feet in height, shall be set back at least 10 feet from the side yard property line. Residential buildings on such lots shall comply with the minimum and maximum dimensions of the building volume envelope limit diagram illustrated in Figure 13.10.446-1. Plans shall graphically demonstrate that new construction fits entirely within the building volume envelope as shown in Figure 13.10.446-1.
Figure 13.10.446-1 Building Envelope Limits for Lots 35 Feet or Greater in Width  |
(b)
Lot Widths of 30 Feet or Greater, But Less Than 35 Feet. Second story exterior side walls, or the portion of the single-story exterior side wall exceeding 15 feet in height, shall be set back at least seven feet from the side yard property line. In addition, side walls shall not exceed 22 feet in height (as measured from finished grade). The peak roof height limit is 28 feet at the center of the structure. A roof slope not exceeding 45 degrees (1:1 rise over run ratio) is allowed between the 22-foot outer portion of the roof and the 28-foot peak roof height. Residential buildings on such lots shall comply with the minimum and maximum dimensions of the building volume envelope limit diagram illustrated in Figure 13.10.446-2. Plans shall graphically demonstrate that new construction fits entirely within the building volume envelope as shown in Figure 13.10.446-2.
Figure 13.10.446-2 Building Envelope Limits for Lots 30 Feet, Zero Inches to 34 Feet, 11 Inches in Width  |
(c)
Lot Widths Less Than 30 Feet. Second floor setbacks are not required; however, the outer side wall shall not exceed 22 feet in height (as measured from finished grade). The peak roof height limit is 28 feet at the center of the structure. A roof slope not exceeding 45 degrees (1:1 rise over run ratio) is allowed between the 22-foot outer portion of the roof and the 28-foot peak roof height. Residential buildings on such lots shall comply with the minimum and maximum dimensions of the building volume envelope limit diagram illustrated in Figure 13.10.446-3. Plans shall graphically demonstrate that new construction fits entirely within the building volume envelope as shown in Figure 13.10.446-3.
Figure 13.10.446-3 Building Envelope Limits for Lots Less Than 30 Feet in Width  |
(d)
First Floor Wall Height Limitation for Lot Widths of 30 Feet or Greater. The height of the first story walls shall be limited to 15 feet as measured from finished grade, as illustrated in Figures 13.10.446-1 and 13.10.446-2.
(e)
Decks/Walkways Allowed in Second Floor Setback. Decks or walkways are permitted in the second floor setback area on top of the first floor roof so long as the top of the hand railing does not exceed 15 feet in height from finished grade.
(f)
Eaves and Chimneys Allowed in Second Floor Setback. Eaves and chimneys may extend up to three feet into the required second floor setback area.
(g)
Attached Townhouse or Condominium Units. Attached townhouse or condominium units that do not have a required side yard and are not located at the perimeter of a project site are exempt from providing second story setbacks.
(2)
Increased Allowed Lot Coverage for Small Lots. On lots less than 3,500 net square feet in size, the maximum lot coverage shall be 45 percent.
(a)
On lots less than 3,500 net square feet in size, where the maximum lot coverage exceeds 40 percent, roof drainage downspouts shall be directed to vegetated areas or other nonerosive permeable surfaces, unless the applicant can demonstrate that such an action is infeasible.
(B)
Standards and Incentives Regarding Residential Structure Facades, Front Yards and Parking.
(1)
Front Porches. For front porches on new houses, and on existing houses that do not exceed FAR or lot coverage standards, the following criteria shall apply, as illustrated in Figure 13.10.446-4:
(a)
Front porches may extend up to six feet into the required front yard setback as established by SCCC § 13.10.323(B);
(b)
Up to 140 square feet of front porch area shall be excluded in lot coverage or FAR calculations;
(c)
The height of any front porch roof subject to this subsection shall not exceed 15 feet from finished grade;
(d)
A stairway to the front porch may extend up to four additional feet into the required front yard setback (i.e., for a total of 10 feet with porch and stairs combined) if the stairs are no more than four feet wide. To minimize reduction of line-of-sight visibility, stair railings must be nonopaque (i.e., partially see-through);
(e)
Any front porch subject to these incentives shall remain unenclosed (i.e., including glass);
(f)
If a proposed front porch does not meet the standards in subsection (B)(1)(a) through (e) of this section, as illustrated in Figure 13.10.446-4, it will be subject to the site regulations found in SCCC § 13.10.323(B).
(g)
For any front porches constructed pursuant to this provision, all roof drainage downspouts from said porch shall be directed to vegetated areas or other nonerosive permeable surfaces, unless the applicant can demonstrate that such an action is not reasonably practicable.
Figure 13.10.446-4 Front Porch Incentive Standards  |
(2)
Reduce Prominence of Garage Doors. Combined garage door width shall occupy no more than 50 percent of the building facade width facing a street and shall be limited to a maximum of two car-widths wide (i.e., no more than 18 feet wide) for all new or expanded residential garages. Three or more car-width garages are not allowed if located on the building facade facing a street. Single one car-width garage doors (i.e., no more than nine feet wide) are allowed regardless of building facade width.
(3)
Reduce Amount of Front Yard Area Devoted to Parking. On-site three-car tandem parking shall be allowed by right, with car one behind the other, three in a row, either within a garage or in the front yard setback, as illustrated in Figure 13.10.446-5.
Figure 13.10.446-5 Three-Car Tandem Parking Allowed  |
(4)
Garages Shall Not Protrude Beyond the Rest of the Facade. To reduce the visual impact of garages as viewed from the street, for new houses or garage additions, garages shall be flush with, or preferably behind, the rest of the house/building facade, as illustrated in Figures 13.10.446-6 and 13.10.446-7.
Figure 13.10.446-6 Allowed Configurations  |
Figure 13.10.446-7 Prohibited Configurations  |
(Ord. 5063 § 3, 2010; Ord. 5264 § 8, 2018; Ord. 5265 § 7, 2018; Ord. 5325 § 18, 2020; Ord. 5326 § 18, 2020)
13.10.447 Exceptions.
An applicant may request an exception to the requirements of SCCC § 13.10.446 for applicable residential projects, subject to approval by the Zoning Administrator following a public hearing, pursuant to the following:
(A)
Exceptions to the Pleasure Point residential development standards may be granted if the project is found to be consistent with the Pleasure Point Community Design "PP" Combining District purposes, found in SCCC § 13.10.444, the findings found in SCCC § 18.10.230(A), and at least one of the following additional findings:
(1)
There are special existing site or improvement characteristics or circumstances, including but not limited to the absence of adjacent residential parcels that could potentially be shaded by the proposed development, that appropriately excuses the proposed development from meeting one or more of the development standards; or
(2)
The Pleasure Point Community Design "PP" Combining District purposes, found in SCCC § 13.10.444, are better achieved by an alternative design; or
(3)
The granting of an exception will result in a superior residential design that is consistent with the Pleasure Point Community Design "PP" Combining District purposes, found in SCCC § 13.10.444.
(B)
Any decision on an exception shall not establish a precedent for future applications.
(Ord. 5063 § 3, 2010; Ord. 5487, 6/10/2025)
13.10.448 Nonconforming structures.
In the event of fire, natural disaster or act of the public enemy, destroyed or partially destroyed existing residences that have become nonconforming due to institution of the Pleasure Point residential design standards, applied through the Pleasure Point "PP" Community Design Combining Zone District, shall be allowed to reconstruct to their previous configuration. The extent of allowed reconstruction for nonconformity to other residential site standards, as set forth in this chapter, is governed by SCCC § 13.10.265(G).
(Ord. 5063 § 3, 2010)
13.10.451 Purposes of the Historic Landmark L Combining District.
The purposes of the Historic Landmark L Combining District are:
(A)
To preserve, protect, enhance, and perpetuate those structures, objects, sites and areas of historic, archaeological, cultural, architectural, engineering, or aesthetic significance, importance, and value as part of the development, heritage or cultural characteristics of the County, State or nation.
(B)
To identify those structures, objects, sites and districts which have been designated as historic resources by the Board of Supervisors pursuant to the provisions of Chapter 16.42 SCCC, Historic Resource Preservation.
(C)
To regulate alterations, new construction, relocations, demolitions, and excavations which affect historic structures, objects, and sites or districts in accordance with the provisions of Chapter 16.42 SCCC, Historic Resource Preservation.
(Ord. 3432 § 1, 1983; Ord. 3632 § 14, 1985; Ord. 3927 § 3, 1988)
13.10.452 Designation of the Historic Landmark L Combining District.
The Historic Landmark L Combining District shall be utilized to denote those properties which have been designated by the Board of Supervisors as historic resources pursuant to the provisions of Chapter 16.42 SCCC, Historic Resources Preservation.
(Ord. 3432 § 1, 1983; Ord. 3927 § 4, 1988)
13.10.453 Use and development standards in the Historic Landmark L Combining District.
In addition to the regulations for development and use of the site imposed by the basic zone district, use, alterations, new construction, relocations, demolitions, and excavations which affect historic structures, objects, sites or districts in the Historic Landmark L Combining District shall be subject to the regulations set forth in Chapter 16.42 SCCC, Historic Resource Preservation.
(Ord. 3432 § 1, 1983; Ord. 3632 § 14, 1985; Ord. 3927 § 5, 1988)
13.10.456 Purpose of the Mobile Home Park MH Combining District.
The Mobile Home Park MH Combining District is established to denote and regulate those properties upon which mobile home parks have been legally established in order to promote, secure and protect a variety of housing choices and opportunities in the County.
(Ord. 4370 § 4, 1995)
13.10.457 Designation of the Mobile Home Park MH Combining District.
The Mobile Home Park MH Combining District shall be applied to those properties upon which mobile home parks have been authorized or established pursuant to a development permit approved by the County, or were legally established prior to the requirement for County approval of a development permit.
(Ord. 4370 § 4, 1995)
13.10.458 Use and development standards in the Mobile Home Park MH Combining District.
All properties in the Mobile Home Park MH Combining District shall be maintained for mobile home park use and shall be subject to all of the regulations governing mobile home park development, operation, rental, sale and conversion as provided by State and Federal statutes and regulations, and the provisions of the County Code. The location, design and approval of new mobile home parks shall be consistent with SCCC § 13.10.684. Each mobile home installed on or after March 8, 2003, outside the California Coastal Zone and each mobile home installed on or after September 10, 2003, inside the California Coastal Zone shall be required to meet the off-street parking requirements of SCCC § 13.16.050. Conversion of a mobile home park to another use shall be subject to the provisions of Chapter 13.30 SCCC, Mobile Home Park Conversions, and shall require amendment of the County Code zoning plan to remove the Mobile Home Park Combining District from the property. The regulatory provisions of this section are in addition to any existing requirements for a coastal development permit under Chapter 13.20 SCCC.
(Ord. 4370 § 4, 1995; Ord. 4623 § 1, 2001; Ord. 4628 § 1, 2001; Ord. 4664 § 1, 2002; Ord. 4723 § 3, 2003; Ord. 5018 § 16, 2008)
13.10.461 Purposes of the Open Space Easement O Combining District.
The Open Space Easement Combining District is established to denote those lands for which an open space easement has been established in accordance with the provisions of Section 51050 of the State Government Code.
(Ord. 3432 § 1, 1983)
13.10.462 Designation of the Open Space Easement O Combining District.
Those parcels which are restricted by an open space easement shall be designated with an O Combining District. When a contract expires or is canceled, the O Combining District shall be removed from the property.
(Ord. 3432 § 1, 1983)
13.10.463 Use and development standards for the Open Space Easement O Combining District.
In addition to the regulations on development imposed by the basic zoning district, no building or grading permit shall be issued for any development which would be in violation of the open space easement contract.
(Ord. 3432 § 1, 1983)
13.10.471 Purposes of the Agricultural Preserve and Farmland Security P Combining District.
The Agricultural Preserve Combining District is established to denote those lands which are restricted to agricultural, open space, and compatible uses by contractual agreement in accordance with the provisions of Article 3 (commencing with Government Code Section 51240) or Article 7 (commencing with Government Code Section 51296) of the California Land Conservation Act (Williamson Act) of 1965 and amendments thereto.
(Ord. 3432 § 1, 1983; Ord. 4528 § 1, 1998; Ord. 4562 § 1, 1999; Ord. 4563 § 1, 1999; Ord. 5423 § 20, 2022)
13.10.472 Designation of the Agricultural Preserve and Farmland Security P Combining District.
Those parcels which are restricted by contractual agreement in accordance with the provisions of Article 3 (commencing with Government Code Section 51240) or Article 7 (commencing with Government Code Section 51296) of the California Land Conservation Act (Williamson Act) of 1965, shall be designated with a P Combining District. The designation shall remain on the property until the contract expires or is canceled.
(Ord. 3432 § 1, 1983; Ord. 4528 § 1, 1998; Ord. 4562 § 1, 1999; Ord. 4563 § 1, 1999; Ord. 5423 § 20, 2022)
13.10.473 Use and development standards in the Agricultural Preserve and Farmland Security P Combining District.
Lands designated as P Combining District shall be subject to the regulations of the CA zone district where consistent with the contractual agreement. The modification or expansion of uses existing on the date of the execution of the contractual agreement which are not otherwise permitted in the CA zone district (see SCCC § 13.10.312) shall be considered as discretionary uses which may be permitted upon the property within the limits of the reservation of such uses in the contractual agreement, subject to the securing of a conditional use permit.
(Ord. 3432 § 1, 1983; Ord. 4528 § 1, 1998; Ord. 4562 § 1, 1999; Ord. 4563 § 1, 1999; Ord. 5423 § 20, 2022)
13.10.475 Purpose of the Regional Housing Need R Combining District.
The purpose of the Regional Housing Need R Combining District is to increase the supply of affordable housing by designating sites for development at 20 units per acre in order to meet housing needs, including but not limited to requirements of the regional housing needs allocation as required by Article 10.6 (commencing with Section 65580) of Chapter 3 of Division 1 of Title 7 of the California Government Code.
(Ord. 4878 § 1, 2007; Ord. 5200 § 3, 2015; Ord. 5286 § 5, 2018; Res. 79-2019, 2019)
13.10.476 Density, requirement for planned unit development (PUD), and permit processing standards.
(A)
Sites that are designated as Regional Housing Need R Combining District shall be developed at 20 units per acre. The use and density shall be by right, in that the use and density for the site are not discretionary, for sites zoned as required in subsection (B) of this section. For the purposes of calculating density under these provisions, the developable area of each site developed under the Regional Housing Need R Combining District shall be determined at the time the site is designated. Such developable acreage shall be calculated in accordance with SCCC § 13.10.700-D definition of "developable land" and SCCC § 13.10.700-S definition of "site area, net" except that roadways and driveways shall be included in the developable acreage calculation for the purposes of determining net developable acreage. The number of potential units will be determined by multiplying the developable acreage by 20. Where such calculation results in a fractional number, the number of units shall be determined by rounding up to the nearest whole number.
(B)
Property that is proposed for rezoning into the Regional Housing Need R Combining District shall include a proposed PUD. The PUD application made at the time of the rezoning to add the R Combining District shall include the development envelope and information on the massing, height, and intensity of development sufficient to perform environmental review under the California Environmental Quality Act (CEQA) at the Program level of detail for the proposed use, but is not required to address every aspect of the PUD application under Chapter 18.10, which may then be subject to Project-level CEQA review. The provision of housing at a density of 20 units/acre shall be deemed a specific benefit adequate to satisfy the finding for approval described in SCCC § 18.30.183(C)(3). Proposals to add the R Combining District to a property are subject to the required findings of a zoning plan amendment set forth in SCCC § 18.40.055.
(C)
After rezoning and the approval of the PUD, applicants must apply for a design review and site development permit which shall be acted upon by the Board of Supervisors. Projects that include a tentative map approval or are in the Coastal Zone are also subject to subsections (D)(1) and/or (2) of this section, as applicable.
(D)
In the Coastal Zone, the Regional Housing Need R Combining District shall only be applied to the RM-2, C-1, C-2, PA, and PF zoning districts. If a coastal permit or tentative map approval is required, it must be included in the application.
(1)
Coastal Permit Requirements. Where a site is located in the Coastal Zone and requires a coastal permit for development, the provisions of Chapter 13.20 SCCC apply. Wherever possible, the environmental review performed at the time the site was designated under the Regional Housing Need R Combining District will be utilized in the processing of the coastal permit.
(2)
Subdivisions. Development that includes approval of a tentative map is subject to the provisions of the Subdivision Map Act and Chapter 14.01 SCCC. Where a tentative map is proposed, the public hearing may be expanded to address findings necessary under the Subdivision Map Act. Wherever possible the environmental review performed at the time the site was designated under the Regional Housing Need R Combining District will be utilized in the processing of the subdivision.
(Ord. 4878 § 1, 2007; Ord. 5200 § 3, 2015; Ord. 5286 § 6, 2018; Res. 79-2019, 2019)
13.10.477 Development standards in the Regional Housing Need R Combining District.
(A)
Development Standards.
(1)
Master Planning. Where contiguous or adjacent parcels are designated under the Regional Housing Need R Combining District, any development proposal for one parcel may be required to include a master plan for development of all contiguous or adjacent parcels which are also designated under the Regional Housing Need R Combining District. The purpose of the master plan is to define interior circulation patterns, exterior site access, fire access to all parcels, infrastructure improvements, common area location and amenities.
(2)
Site standards shall be those established by SCCC § 13.10.323 for RM 1.5 to RM 4.9, with the following alternative standards also available:
(a)
Parking requirements: 1.5 spaces per studio or one-bedroom units; 2.0 spaces for two-bedroom units; 2.5 spaces for three-bedroom units; 3.0 spaces per four-bedroom units. An additional 20 percent of the total number of parking spaces is required to accommodate guest parking. Modifications of these standards can be approved for individual sites in the R Combining District as part of the approved PUD for each site, based on unique site and design factors;
(b)
Height up to 35 feet measured from preconstruction natural grade and up to three stories exclusive of subsurface parking. Modifications of these standards can be approved for individual sites in the R Combining District as part of the approved PUD for each site, based on unique site and design factors;
(c)
Limits on lot coverage and floor area ratio may be established for individual sites in the R Combining District as part of an approved PUD for each site, based on unique site and design factors;
(d)
Clustering of affordable units is allowed when 100 percent of the units to be developed are deed restricted rental units affordable to households earning below 80 percent of the area median income;
(e)
Where garages are provided for market rate units, garages are not required for affordable units; and
(f)
Maintain standard riparian buffer but eliminate 10-foot additional riparian construction buffer.
(3)
Developments shall encourage energy efficiency, and environmentally sensitive design and building materials.
(4)
If located within the Coastal Zone, the project's development standards must be found to be in conformity with the Local Coastal Program provisions that ensure no impact on coastal resources, including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access and open space protections.
(Ord. 4878 § 1, 2007; Ord. 5200 § 3, 2015; Ord. 5210 § 3, 2015; Ord. 5286 § 7, 2018; Res. 79-2019, 2019)
13.10.478 By-right development.
Repealed by Ord. 5286 and Res. 79-2019.
(Ord. 4878 § 1, 2007; Ord. 5182 §§ 6, 7, 2014; Ord. 5200 § 3, 2015)
13.10.481 Purposes of the Salamander Protection SP Combining District.
The purposes of the Salamander Protection or SP Combining District are:
(A)
To designate those lands which are located in the Santa Cruz Long-Toed Salamander's breeding ponds and terrestrial habitats.
(B)
To ensure the survival of this State and Federally designated endangered animal subspecies through protection of its natural habitat.
(C)
To regulate the use of such lands in accordance with the provisions of the sensitive habitat protection ordinance, Chapter 16.32 SCCC, which apply to the protection of the habitat of the salamander.
(Ord. 3432 § 1, 1983)
13.10.482 Designation of the Salamander Protection SP Combining District.
The Salamander Protection SP Combining District shall be used to denote those properties which are located within the breeding ponds and terrestrial habitat of the Santa Cruz Long-Toed Salamander.
(Ord. 3432 § 1, 1983)
13.10.483 Use and development standards in the Salamander Protection SP Combining District.
Use and development standards for the Salamander Protection SP Combining District shall be as set forth in the sensitive habitat protection ordinance, SCCC § 16.32.090(C)(2)(a), Santa Cruz Long-Toed Salamander.
(Ord. 3432 § 1, 1983; Ord. 4496-C § 39, 1998)
13.10.484 Establishment of Special Review (SP) Overlay Zoning District with specific review criteria.
Repealed by Ord. 4346.
(Ord. 4113 § 2, 1991; Ord. 4119 § 2, 1991; Ord. 4122 § 2, 1991)
13.10.491 Purposes of the Watsonville Utility Prohibition W Combining District.
The purpose of the Watsonville Utility Prohibition or W Combining District is to prevent the provision of urban services to undeveloped/rural areas west of the City of Watsonville, so as to discourage urban development in the farmlands, wetlands and other environmentally sensitive areas in the Coastal Zone west of Watsonville. The Watsonville Utility Prohibition or W Combining District establishes a one-foot-wide wastewater and potable water utility prohibition strip upon parcels and public road rights-of-way to the west of, and abutting, the western edge of the Highway 1 right-of-way, and the Watsonville city limits where the city extends west of Highway 1. The utility prohibition strip shall extend north to Buena Vista Drive and south to the Monterey County line, directly adjacent to the western edge of Highway 1 right-of-way. The utility prohibition strip shall be located along the parcel boundary closest to the Watsonville city limits or the Highway 1 right-of-way, as applicable. Wastewater and/or potable water utility pipelines or pipeline extensions will not be permitted through or across the one-foot-wide utility prohibition strip, with certain exceptions as set forth in SCCC § 13.10.493. Any amendments to this and the following sections, including revocation, require a super-majority vote of the Board of Supervisors.
(Ord. 4193 § 1, 1992; Ord. 4609 § 1, 2001; Ord. 4609A § 1, 2001; Ord. 4656C § 1, 2002; Ord. 4750 § 1, 2003)
13.10.492 Designation of the Watsonville Utility Prohibition W Combining District.
The utility prohibition strip shall extend north to Buena Vista Drive and south to the Monterey County line, directly adjacent to the western edge of Highway 1 right-of-way. The utility prohibition strip shall be located along the parcel boundary closest to the Watsonville city limits or the Highway 1 right-of-way, as applicable. The Watsonville Utility Prohibition W Combining District designation, establishing the one-foot-wide utility prohibition strip, shall be applied to:
(A)
Where the city limits of Watsonville lie west of State Highway 1, those properties and public road rights-of-way directly bordering the city limits of Watsonville (and also to parcels abutting any County right-of-way that is contiguous with the Watsonville city limits west of Highway 1);
(B)
Where the city limit of Watsonville is coterminous with the western edge of the Highway 1 right-of-way, or where the city limit of Watsonville is east of Highway 1, those properties and public road rights-of-way bordering the western edge of the Highway 1 right-of-way, along the stretch of Highway 1 between Buena Vista Drive to the north and the Monterey County line to the south;
(C)
Where the city limit of Watsonville is modified subsequent to the effective date of the ordinance codified in this section through annexation to include either County lands located west of Highway 1, or County lands located east of Highway 1 and abutting the Highway 1 right-of-way, those properties and/or public road rights-of-way on the County side of the so annexed area. In the event of such an annexation, the annexation shall be conditioned for the affected County properties on the County side of the so annexed area to be rezoned with the W Combining Zone District.
(Ord. 4193 § 1, 1992; Ord. 4609 § 1, 2001; Ord. 4609A § 1, 2001; Ord. 4656C § 1, 2002; Ord. 4750 § 1, 2003)
13.10.493 Use and development standards in the Watsonville Utility Prohibition W Combining District.
(A)
In addition to the regulations for development and use imposed by the basic zone district, all properties with a W Combining Zone designation, as set forth in SCCC § 13.10.492, shall contain a one-foot-wide wastewater and potable water utility prohibition strip. The utility prohibition strip shall be located contiguous to the parcel boundary for all portions of the parcel abutting any part of the Watsonville city limits west of Highway 1. For parcels abutting the Highway 1 right-of-way, the utility prohibition strip shall be located contiguous to the parcel boundary for all portions of the parcel abutting any part of the Highway 1 right-of-way. The utility prohibition strip shall extend north of Watsonville to Buena Vista Drive and south to the Monterey County line, to the points where Buena Vista Drive and the County line each intersect the western edge of the Highway 1 right-of-way. For the applicable County road right-of-way areas, the one-foot-wide utility prohibition strip shall run parallel to the city limits and/or along the edge of the right-of-way closest to the city limits. Placement of wastewater or potable water utility pipelines will not be permitted through, over, or under the utility prohibition strip, except for one wastewater and one water line to serve permitted high school development on City of Watsonville Coastal Zone Area C.
(B)
Any such wastewater or potable water supply pipeline(s) allowed by exception in the W Combining Zone District shall be limited in size to the minimum capacity necessary to serve the so excepted use. The limitations in the W Combining Zone District shall not restrict the repair, replacement, maintenance, refurbishment, or functional improvements of existing water and sewer pipelines insofar as necessary to maintain existing capacity without physical expansion of such existing pipelines.
(C)
Any additional exceptions to the W Combining District wastewater and potable water utility pipeline prohibition shall be prohibited without an LCP amendment, subject to all LCP amendment and CEQA analysis and approval standards. If such an amendment adds any exception(s) to the W Combining District prohibitions, development shall not commence pursuant to the certified exception(s) unless and until all applicable regulatory views have been completed, and all required approvals, including but not limited to an appealable coastal development permit, have been granted. Without prejudice as to their appropriateness, further exceptions that may be pursued through normal and required LCP amendment and CEQA processes in the future include:
(1)
Potable water and wastewater service to the Gilbertson parcel (APN 052-011-46), and the agricultural uses principally and conditionally permitted under the present County Commercial Agricultural Zoning District, including agricultural worker housing;
(2)
Leachate lines to and from the city and County landfill and the city wastewater treatment plant; and
(3)
Pipelines to distribute water for environmental restoration, maintenance or enhancement.
(Ord. 4193 § 1, 1992; Ord. 4609 § 1, 2001; Ord. 4609A § 1, 2001; Ord. 4656C § 1, 2002; Ord. 4750 § 1, 2003)
13.10.494 Purposes of the Ministerial Combining District.
(A)
The Ministerial Combining District (-Min) is established to denote those properties upon which certain qualifying multifamily housing developments as defined herein are eligible for ministerial review (also known as by-right development) in accordance with the provisions of Government Code Section 65583.2 and amendments thereto, and with Programs H-1B and H-1C of the 2023 Housing Element of the Santa Cruz County General Plan. Development applications that qualify for ministerial review pursuant to this section are exempt from CEQA review pursuant to the ministerial exemption in the Public Resources Code.
(B)
For purposes of this section, "use by right" or "ministerial review" means that County review of a proposed for-sale or rental multifamily residential development located within the -Min Combining District may not require a conditional use permit, planned unit development permit, or other discretionary County review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of property located within the -Min Combining District shall be subject to all laws, including, but not limited to, County codes that implement the California Subdivision Map Act. The "use by right" or "ministerial review" process established by this section does not exempt a qualifying housing project from design review pursuant to Chapter 13.11 SCCC. However, that design review shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with Government Code Section 65589.5(f).
(C)
The following definitions apply for the purposes of this section:
(1)
"Housing development project"
means a use consisting of any of the following:
(a)
Residential units only.
(b)
Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(c)
Transitional housing or supportive housing.
(2)
"Infeasible"
means not capable or highly unlikely of being accomplished in a successful manner, taking into account economic, environmental, social, temporal, and technological factors.
(Ord. 5452 § 2, 2024)
13.10.495 Designation of the Ministerial Combining District.
(A)
Parcels included in the -Min Combining District must be located within the Urban Services Line and have access to municipal water and sewer services and dry utilities. This requirement does not impose any additional duty on the County to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in this combining district.
(B)
Two types of parcels listed in Table 7 of the Housing Sites Inventory in Appendix HE-E of the 2023 Housing Element are eligible for designation into the Ministerial Combining District:
(1)
Parcels described in Housing Element Program H-1C: This type includes parcels included in the 2023 Housing Sites Inventory that were previously included in the 4th or 5th Cycle Housing Element Sites Inventory as sites for lower-income housing but have not yet been developed with lower-income housing as projected. These parcels are shown with a designation of "-Min" in the "Proposed Rezoning" column of Table 7 of Housing Element Appendix HE-E.
(2)
Parcels described in Housing Element Program H-1B: This type includes those parcels listed in Table 7 of Housing Element Appendix HE-E that meet all criteria below:
(a)
The parcel is not covered by the rezoning proposed in Program H-1C;
(b)
The parcel is projected to yield four or more lower-income units (including any very low- or extremely low-income units) as shown on Table 7; and
(c)
At the time rezoning is proposed, development of the lower-income units projected for the site in Table 7 is necessary for the County to meet its shortfall of lower-income units as defined in Program H-1B, and such housing development has not already been entitled or ministerially approved on the site at the time of rezoning.
(Ord. 5452 § 3, 2024)
13.10.496 Use and development standards in the Ministerial Combining District.
Parcels designated as -Min Combining District are subject to the objective use and development standards of the base district that apply to any multifamily development in that district; provided, that such standards do not conflict with this section. The base district may be any of the following districts that allow residential multifamily development: RM, RF, C1, C2, PA, PF. In addition, the following use and development standards shall apply to the -Min Combining District:
(A)
In order to qualify for ministerial review pursuant to this section, a proposed housing development in the -Min Combining District must meet all of the following criteria, consistent with State Housing Element law:
(1)
At least 20 percent of the total units in the housing development, inclusive of any density bonus units, shall be provided as deed-restricted units affordable for rent or purchase by lower-income households, as defined in Section 50079.5 of the California Health and Safety Code. The applicant shall record a restrictive covenant in a form provided by the County that ensures the continued affordability of all lower-income units for the life of the unit, unless a shorter affordability term is required by low-income housing tax credit regulations or other applicable law.
(2)
Housing units restricted for lower-income households pursuant to this section shall be made available at a monthly housing cost that does not exceed 30 percent of monthly income for low-income households, defined for this purpose as households earning exactly 60 percent of area median income (AMI), with adjustments for household size made in accordance with the adjustment factors on which the lower-income eligibility limits are based. For lower-income rental units, that monthly housing cost includes monthly rent and utilities charged to the tenant. For lower-income units in for-sale developments, monthly housing costs include the following: mortgage payments (principal and interest), property taxes, property insurance, and homeowners' association dues, if any. All lower-income units in for-sale projects must be offered for sale at the same time that any market-rate units in the development are offered for sale.
(3)
If the project is subject to the affordable housing requirements of Chapter 17.10 SCCC, it must meet the applicable requirements of that chapter as well as those of this section. Any lower-income units required pursuant to this section may be counted toward the inclusionary requirements of Chapter 17.10 SCCC, provided they also meet all standards of that chapter applicable to affordable housing units in new developments.
(4)
If the applicant applies for a density bonus pursuant to Chapter 17.12 SCCC and State density bonus law, it must comply with all applicable provisions of Chapter 17.12 SCCC and State law in addition to those of this section, including but not limited to replacement housing requirements, if applicable.
(B)
The density and development standards of sites in the -Min Combining District shall meet the following minimum criteria:
(1)
Each site proposed for designation into the -Min Combining District (which, for sites designated in the Housing Sites Inventory as "consolidated sites," may consist of one or more parcels), shall be large enough to permit development of at least 16 units, based on a density of at least 20 units per acre.
(2)
Parcels in the -Min Combining District shall allow rental or for-sale multifamily residential development at a density of at least 20 units per acre, or more if a higher density is allowed by the base district.
(3)
A housing development proposed on a site in the -Min Combining District that is proposed for ministerial review pursuant to this section shall include at least as many lower-income units as are projected for the site in Table 7 of the Housing Sites Inventory, shall achieve a minimum density of at least 20 units per acre, and shall meet all applicable minimum density policies in the General Plan and/or Zoning Code applicable to the base zoning district in which the project is located, which policies may require a density higher than 20 units per acre.
(4)
A housing development eligible for ministerial review pursuant to this section shall comply with, and is subject to all of the following:
(a)
All objective, quantifiable, written development standards, conditions, and policies of the General Plan/Local Coastal Program and/or Zoning Code applicable to multifamily developments in the base zoning district where the project is located. These development standards, conditions, and policies shall be applied by the County in such a manner as to facilitate and accommodate the qualifying housing development at the density permitted on the site and proposed by the developer in order to meet the County's lower-income Regional Housing Needs Allocation (RHNA) for the 6th cycle. Notwithstanding the foregoing, if a density bonus application is filed for the qualifying housing development, any concessions or waivers of development standards for which the project qualifies shall not be considered a failure to comply with objective standards.
(b)
All applicable development impact fees and other exactions otherwise authorized by law and County Code that are essential to provide necessary public services and facilities to the proposed housing development project.
(c)
Any design review process required for similarly sized multifamily residential projects in the base zoning district. However, any such design review process that may be required shall be exempt from CEQA as provided in SCCC § 13.10.494(A).
(5)
For purposes of this section, a housing development project proposed in the -Min Combining District pursuant to this article shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project is consistent, compliant, or in conformity with it.
(Ord. 5452 § 4, 2024)
13.10.497 "-Min" Combining District permit processing procedures.
(A)
Procedures for Ministerial Processing of Qualifying Projects Outside the Coastal Zone.
(1)
Applicants for residential and/or qualifying mixed-use projects located in the -Min Combining District for which the applicant seeks ministerial processing pursuant to this section shall submit a Design Review Group (DRG) preliminary application, and subsequently revise their plans to address comments pertaining to any objective standards from any reviewing agencies, to the extent possible without rendering the project infeasible, prior to filing a building permit application and/or any other ministerial permits required for the project (grading permits, encroachment permits, etc.).
(2)
Projects that qualify for ministerial processing pursuant to SCCC § 13.10.496(A) are not subject to Chapter 18.10 SCCC, which pertains only to discretionary review, and therefore no public hearings are required.
(3)
Within five working days of submittal for a building permit and assignment of a building permit application number, the applicant shall send via U.S. mail a notice of application to all property owners and residents within 300 feet of the property boundary. The notice shall describe the parcel number and location of the site, the name of the applicant and owner, a description of the proposed project, and applicant contact information for obtaining more information on the proposed project. Once sent, the applicant shall submit the notice and list of recipients to the Building Section.
(4)
Projects funded with federal funds are subject to applicable Federal environmental review pursuant to the National Environmental Policy Act (NEPA).
(B)
Procedures for Ministerial Processing of Qualifying Projects Inside the Coastal Zone. Projects located within the -Min Combining District and in the Coastal Zone shall require a coastal development permit pursuant to SCCC § 13.20.100, the approval of which is subject to the required findings found in SCCC § 13.20.110. Proposed housing developments within the Coastal Zone that are eligible for ministerial review pursuant to this section may be eligible for waiver of the SCCC § 13.20.100(A)(2) public hearing requirement pursuant to SCCC § 13.20.100(A)(2). Coastal development permits issued pursuant to this section may be appealable to the Coastal Commission pursuant to SCCC § 13.20.120.
(Ord. 5452 § 5, 2024)
13.10.611 Accessory structures in residential zone districts.
(A)
Purpose. It is the purpose of this section to provide for the orderly regulation of accessory structures to ensure that accessory structures are subordinate and incidental to the main structure or main use of the land and to provide notice to future and current property owners that illegal conversion of any accessory structure is subject to civil penalties. This section does not address accessory dwelling units (ADUs), nor is an accessory structure in a residential zone district considered an ADU.
(B)
Application Requirements.
(1)
The proposed use of the structure shall be specified.
(2)
Applications for habitable accessory structures and non-habitable accessory structures shall be processed as specified in Tables 13.10.611-1 and 13.10.611-2.
(3)
The regulations of this section are intended to complement and be implemented consistent with the allowed uses in residential zone districts listed in SCCC § 13.10.322(A).
(C)
Restriction on Accessory Structures.
(1)
Any accessory structure shall be clearly appurtenant, subordinate, and incidental to the main structure or main use of the land as specified in the purposes of the appropriate zone district.
(2)
Regulations on amenities for accessory structures on parcels with a main residence are as indicated in Table 13.10.611-1:
Table 13.10.611-1: Amenities Regulations for Accessory Structures in Residential Zone Districts Note: In the Coastal Zone, a coastal development permit may be required per Chapter 13.20 SCCC. For regulations governing tiny homes, see SCCC § 13.10.680 and for ADUs, see SCCC § 13.10.681. | ||
|---|---|---|
Amenity | Non-Habitable | Habitable |
Utility sink: outdoor non-enclosed shower | Allowed | Allowed |
Toilet, lavatory sink1 | Allowed1 | Allowed1 |
Shower and/or bathtub | Pool cabanas: Shower allowed1 All other uses: Not allowed | Allowed1 |
Washer/dryer and water heater | Allowed | Allowed |
Insulation/sheet rock or other finished wall covering | Both allowed | Both required |
Built-in heating/cooling | Not allowed | Heating: Required Cooling: Allowed |
Kitchen facilities, excluding sink, as defined in SCCC § 13.10.700-K | Not allowed | Not allowed, unless approved as an ADU under SCCC § 13.10.681. |
Electrical service maximum | 100A/220V/single phase maximum unless an administrative use permit is obtained. | 100A/220V/single phase maximum unless an administrative use permit is obtained. |
Separate electric meter | Not allowed unless an administrative use permit is obtained. | Not allowed unless an administrative use permit is obtained. |
Use for sleeping purposes | Not allowed | Allowed |
Rent or lease as an independent ADU | Not allowed | Not allowed, unless approved as an ADU under SCCC § 13.10.681 with standard kitchen. |
1. On parcels less than 10 acres, a maximum of one habitable or non-habitable accessory structure with any combination of toilet, lavatory sink, shower and/or bathtub is permitted if consistent with Tables 13.10.611-1 and 13.10.611-2. On parcels 10 acres or larger, a maximum of two accessory structures with any combination of toilet, lavatory sink, shower, and/or bathtub are permitted if consistent with Tables 13.10.611-1 and 13.10.611-2. When two or more habitable accessory structures exist on a parcel, the second habitable accessory structure and any additional habitable accessory structures shall be considered bedrooms for the purpose of calculating fees and determining parking requirements. |
(3)
Regulations for permit requirements, size, height, stories, total number of, and locational restrictions for accessory structures in residential zone districts are as indicated in Table 13.10.611-2:
Table 13.10.611-2: Permit Requirements, Size, Height, Stories, Total Number of, and Locational Regulations for Accessory Structures in Residential Zone Districts Note: In the Coastal Zone, a coastal development permit may be required per Chapter 13.20 SCCC. For regulations governing tiny homes, see SCCC § 13.10.680 and for ADUs, see SCCC § 13.10.681. | ||
|---|---|---|
Non-Habitable | Habitable | |
Height limit | Within the urban and rural services lines (USL/RSL): Detached garages: 16 feet All other accessory structures: 13 feet1 Attached garages: see zone district height limit Outside the USL/RSL: see zone district height limit | Within the USL/RSL: 13 feet Outside the USL/RSL: see zone district height limit In any area: tiny homes subject to SCCC § 13.10.680 and ADUs subject to SCCC § 13.10.681 |
Size limit | Within the USL/RSL: 640 square feet Outside the USL/RSL: 1,000 square feet | Within the USL/RSL: 640 square feet Outside the USL/RSL: 1,000 square feet |
Permit required | Within the USL/RSL: building permit only for structures meeting height and size limits1 Outside the USL/RSL: building permit only for up to 1,000-square-foot size, in compliance with zone district site development standards1 | Within the USL/RSL: building permit only for structures meeting height and size limits1 Outside the USL/RSL: building permit only for up to 1,000-square-foot size, in compliance with zone district site development standards1 In any area: tiny homes subject to SCCC § 13.10.680 and ADUs subject to SCCC § 13.10.681 |
Permit required if exceeds size limits | Administrative site development permit | Administrative site development permit |
Permit required if exceeds maximum height or story limits | Variance (public hearing required) | Variance (public hearing required) |
Number of accessory structures allowed | No limit, if in compliance with the site regulations of the zone district; however, limits based on parcel size if accessory structure contains plumbing fixtures2 | One with building permit only; two with conditional use and site development permit; more than two with Planning Commission public hearing and approval, with limits on plumbing fixtures2 |
Locational restrictions related to the distance from the main residence and access to accessory structures | None, if in compliance with the site regulations of the zone district | In addition to the site regulations of the zone district, shall be no more than 100 feet from the main residence, shall not be accessed by a separate driveway or right-of-way, nor constructed on a slope greater than 30 percent, unless an administrative site development permit is obtained, or as otherwise permitted by County Code/Public Works Director |
1. Non-habitable structures that do not exceed 120 square feet in size and a height of 10 feet above grade (as defined by the Zoning Ordinance) do not require a building permit. However, a plumbing or electrical permit is required for any plumbing fixtures and electricity, and a zoning permit may be required pursuant to Tables 13.10.611-1 and 13.10.611-2. |
2. On parcels less than 10 acres, a maximum of one habitable or non-habitable accessory structure with any combination of toilet, lavatory sink, shower, and/or bathtub may be permitted consistent with Tables 13.10.611-1 and 13.10.611-2. On parcels 10 acres or larger, a maximum of two accessory structures with any combination of toilet, lavatory sink, shower, and/or bathtub may be permitted consistent with Tables 13.10.611-1 and 13.10.611-2. When two or more habitable accessory structures exist on a parcel, the second habitable accessory structure and any additional habitable accessory structures shall be considered bedrooms for the purpose of calculating fees and determining parking requirements. ADUs are regulated by SCCC § 13.10.681. |
(4)
Absent an established residential use, accessory structures are prohibited.
(5)
No habitable accessory structure shall be mechanically heated, cooled, humidified, or dehumidified unless the structure or the conditioned portion thereof meets the energy conservation standards of the California Energy Code, Title 24, as adopted by Chapter 12.10 SCCC.
(6)
No non-habitable accessory structure (other than a pool cabana) shall have a shower or bathtub installed, and no pool cabana shall have a bathtub installed. The Planning Director may grant an exception to allow a bathtub in a pool cabana as a reasonable accommodation pursuant to the Americans with Disabilities Act.
(D)
Development Standards for Residential Accessory Structures. Accessory structures shall be required to meet the same development standards as primary dwellings, with the following exceptions:
(1)
Water Tanks and Propane Tanks. Water tanks that 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 Services. 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.
(2)
Detached Sheds. A detached accessory structure that 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.
(3)
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.
(4)
Eaves, chimneys, cantilevered, uncovered, unenclosed balconies, porches, decks, and uncovered, unenclosed stairways and landings may encroach three feet into required setbacks.
(5)
ADUs. See SCCC § 13.10.681 for development standards governing ADUs. Buildings with first story garages and second story ADUs over them may apply ADU development standards.
(6)
Garages in Rear or Side Yards.
(a)
On residentially zoned parcels smaller than 10,000 square feet, an attached or detached 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:
(i)
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.
(ii)
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.
(iii)
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 Code (CRC).
(iv)
The garage shall have a maximum depth of 30 feet.
(b)
On residentially zoned parcels smaller than 10,000 square feet, an attached or detached garage as defined under SCCC § 13.10.700-G (but excluding carports) may be located up to zero feet from the rear or interior side property line if an administrative site development permit 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.
(c)
On residentially zoned parcels 10,000 square feet or larger in size, an attached or detached 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, subject to subsections (D)(7)(a)(i) through (D)(7)(a)(iv) of this section; and provided, that a minor exception is obtained in accordance with SCCC § 13.10.235.
(d)
A garage located within a required rear or side setback area shall not exceed 13 feet in height or one story, unless a variance is obtained pursuant to Table 13.10.611-2 and the provisions of Chapter 18.10 SCCC, and it is found that the garage will not be detrimental or injurious to property or improvements in the neighborhood, and will not unreasonably infringe on adequate light, air, or privacy of adjacent residences.
(7)
Separation. The minimum separation between an accessory structure and any other structure on a parcel, including encroachments included in subsection (D)(6)(a) of this section, shall be no less than three feet, or as provided by the California Building Code, whichever is greater, with the following exceptions:
(a)
No separation is required between water tanks located on the same parcel.
(b)
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.
(8)
Corner Lots. On corner lots, accessory structures shall be located not closer to the rear property line than the required side yard setback on the adjoining lot, and not closer to the side property line adjoining the street than the required front yard setback of the adjoining lot.
(9)
Distance from Alleys. Detached accessory structures including garages shall not be located within three feet of any alley.
(E)
Any building or development permit issued for the construction or renovation of a non-habitable accessory structure shall include a restriction or condition requiring an agreement not to convert the structure into a dwelling unit, ADU, or any structure for human habitation in violation of this code. Any building or development permit issued for the construction, conversion to, or renovation of a habitable accessory structure, other than an attached or detached ADU, permitted as such, shall include a condition requiring an agreement not to convert the structure or space into a dwelling unit or into any other independent habitable structure in violation of this code. Each agreement required by this subsection shall provide for the recovery by the County of reasonable attorney's fees and costs in bringing any legal action to enforce the agreement together with recovery of any rents collected for the illegal structure or, in the alternative, for the recovery of the reasonable rental value of an illegally converted structure from the date of conversion. The amount of any recovery of rents or of the reasonable rental value of an illegally converted structure shall be deposited into a fund designated by the Board of Supervisors to be used by the County for code compliance and abatement activities. The agreement shall provide for periodic condition compliance inspections by Planning Department staff. Nothing in this section or the agreement shall be deemed to be a waiver of any property owner's rights to due process or to avoid unreasonable searches. The agreement shall be written to bind future owners of the property and include a reference to the deed under which the property was acquired by the present owner, and the agreement shall be filed with the County Recorder. Proof that the agreement has been recorded shall be furnished to the County prior to the granting of any building permit permitting construction on the property.
(F)
The Planning Director may charge a fee, as stated in the unified fee schedule, for the cost of periodic condition compliance inspections.
(Ord. 3432 § 1, 1983; Ord. 3593 §§ 14, 15, 1984; Ord. 3632 § 16, 1985; Ord. 3749 § 1, 1986; Ord. 3996 § 1, 1989; Ord. 4099 § 1, 1990; Ord. 4282 § 4, 1993; Ord. 4324A § 4, 1994; Ord. 4457-A § 3, 1997; Ord. 4496-C § 52, 1998; Ord. 4921 § 14, 2008; Ord. 5061 §§ 16, 17, 2009; Ord. 5264 § 11, 2018; Ord. 5265 § 10, 2018; Ord. 5346 § 3, 2020; Ord. 5366 § 3, 2021; Ord. 5423 § 22, 2022)
13.10.612 Cargo and shipping containers used as accessory structures.
(A)
This section governs installation of any intermodal freight container or other commercial/shipping cargo container ("cargo container") or structure of analogous appearance and function for use as habitable or nonhabitable permanent accessory structures or as commercial structures on commercial and industrial sites. Cargo containers integral to a lawful shipping or storage business are exempt from these provisions and are regulated by the site standards of the applicable zone district.
(B)
Cargo containers may be sited and used as accessory structures outside of the urban and rural services lines in all zone districts, subject to a Level III administrative site development permit unless a coastal development permit is required per Chapter 13.20 SCCC. Inside the urban and rural service lines, cargo containers may be allowed on commercial or industrial properties only.
(C)
Standards.
(1)
Cargo containers accessory to residential uses shall comply with all applicable provisions of SCCC § 13.10.611.
(2)
More than one accessory cargo container structure may be approved per parcel, based on demonstrated need and compliance with other provisions of this section. Multiple cargo containers attached into one structure are considered to be one cargo container structure.
(3)
Cargo containers shall meet the following design standards:
(a)
Painted and maintained a neutral color such as medium brown, gray brown, or medium green; or painted to complement existing buildings on the site; or painted in a manner that is considered aesthetically pleasing to persons of ordinary sensibilities.
(b)
Located outside the boundaries of all mapped scenic resource areas and out of view or screened from view from any scenic roads.
(c)
Screened from view, including from public views and views from adjacent properties, to the greatest extent feasible, by any combination of topographic features, other buildings, landscaping, natural vegetation or other screening measures. Where visible from public view or adjacent properties, the container exterior shall be modified as appropriate to be compatible with the architectural style and materials of other structures on the site or in the vicinity, or otherwise treated per subsection (C)(3)(a) of this section.
(d)
Where used as a habitable accessory structure, the design, color, and materials shall complement the existing structures on the parcel.
(Ord. 5346 § 4, 2020; Ord. 5366 § 4, 2021)
13.10.613 Home occupations as secondary uses.
(A)
Purposes. The purposes of regulations for home occupations are:
(1)
To allow persons to carry on income-producing activities on their property where they reside, secondary to a residential use; and
(2)
To protect nearby residential properties from potential adverse effects of the allowed activity by not allowing home occupations that would create excessive noise, traffic, public expense, or any nuisance.
(B)
Restrictions on Home Occupations.
(1)
The home occupation shall be carried on entirely within the dwelling, or in an accessory structure normally allowed in the zone district in which the site is located, unless a conditional home occupation use permit is obtained to authorize outdoor unenclosed activities.
(2)
There shall be no visible or external evidence of the home occupation other than one unlighted sign not exceeding one square foot in area, which shall be affixed to the dwelling or building in which the home occupation is conducted. If both the dwelling and the building are set back more than 40 feet from the front property line, the sign may be affixed to the mailbox. No larger sign, and no outdoor storage, operations, or activity is allowed unless a conditional home occupation use permit is obtained, in which case the allowed outdoor use shall be reasonably screened from the street and adjoining properties.
(3)
The home occupation shall be carried out primarily by one or more full-time inhabitants of the dwelling, with one or two employees who are not inhabitants also allowed to work at the home occupation site. A maximum of five additional regular employees may also work at the home occupation site if a conditional home occupation use permit is obtained.
(4)
The home occupation shall not involve the use of floor area exceeding 35 percent of the total floor area of the dwelling, unless a conditional home occupation use permit is obtained.
(5)
A home occupation involving personal services (e.g., hairdresser, barber shop, personal fitness trainer) or training (e.g., swimming lessons, musical instrument lessons, yoga classes, cooking classes, art lessons) may involve no more than two persons at a time, unless a conditional home occupation use permit is obtained.
(6)
Sales of goods are allowed only if the goods to be sold are produced or assembled entirely on the premises, or if sales are by mail order, unless a conditional home occupation use permit is obtained.
(7)
Only one vehicle, which is no larger than a three-quarter-ton pickup truck, in addition to other vehicles equal to the standard number of required parking spaces for the subject home, may be used for the home occupation unless a conditional home occupation use permit is obtained. An off-street parking space shall be provided for any three-quarter-ton pickup truck vehicle used for the home occupation. Additional off-street parking may be required for employees or customers in excess of standard levels through approval of a conditional home occupation use permit.
(8)
The home occupation shall not generate unacceptable levels of noise, as defined by the General Plan Noise Element, Chapter 8.30 SCCC, Noise, and Chapter 13.15 SCCC, Noise Planning.
(9)
Home occupations involving the handling of hazardous materials, as defined by SCCC § 7.100.020, or of any amount of an acutely hazardous substance, as defined by State or Federal law, shall require a conditional home occupation use permit and approval of other applicable permits such as those issued by the County's Environmental Health Services Division. "Hazardous materials" refer to materials defined in Chapter 7.100 SCCC.
(10)
Cottage industries, including cottage food businesses, are allowed as home occupations if consistent with State law governing such operations and compliant with applicable requirements of the County's Environmental Health Services Division.
(11)
Commercial weddings and similar celebrations, community events, and fundraisers are not eligible to be permitted as home occupations.
(12)
A commercial firewood operation, where wood is cut, processed, and/or stored for sale to the public, is prohibited as a home occupation.
(Ord. 3432 § 1, 1983; Ord. 4100 § 1, 1990; Ord. 4836 § 102, 2006; Ord. 5346 § 5, 2020; Ord. 5366 § 5, 2021; Ord. 5423 § 23, 2022)
13.10.614 Community events and fundraisers on private residential or agricultural property.
(A)
Purpose. Recognizing that not-for-profit community events of a civic, political, public, or educational nature, such as community dinners, festivals, and other public gatherings, enrich public life, and that fundraisers provide support to schools and local organizations that contribute to community well-being, this section establishes permit requirements and standards to allow for the use of private parcels in the residential and agricultural zone districts for community events and fundraisers where secondary to the primary use of the parcel, while ensuring that the size, frequency, location, and operation of such events are compatible with the primary use on the parcel and with adjacent land uses, and that the health, safety, convenience, and general welfare of participants and neighboring uses are protected.
(B)
Applicability. Community events and fundraisers are allowed on private property in residential and agricultural zone districts countywide (CA, A, RA, RR, R-1, RB, RM, and RF) subject to the approval procedures and standards provided in subsections (C) and (D) of this section. In the CA and A Zone Districts, the agricultural zoning district use chart and use permit provisions for agri-tourism activities may govern in lieu of this section.
(C)
Approval Procedures.
(1)
One event without amplified music on a property may be allowed subject to a zoning clearance review in accordance with SCCC § 18.10.015, to verify compliance with required standards provided in subsection (E)(1) of this section.
(2)
The use of a property for two community events or fundraisers in a year, or one or two events with amplified music, requires approval of a conditional use permit in accordance with Chapter 18.10 SCCC, and subject to conditions to ensure compliance with standards provided in subsections (E)(1) and (2) of this section. The conditional use permit shall expire five years after the date of initial issuance and may be renewed as provided in subsection (D) of this section.
(D)
Permit Renewal. A conditional use permit for community events or fundraisers may be renewed subject to required findings as provided in Chapter 18.10 SCCC, and a determination that events were held in substantial compliance with conditions of approval associated with the earlier permit, which would support a presumption that an application for renewal of the use permit will be approved. No public hearing shall be required and action on permit renewal applications shall be by the Planning Director or designee, with notice of the proposed action provided not less than 10 calendar days before issuance or denial of the permit, pursuant to SCCC § 18.10.116, Public notice requirements for administrative permits and projects. Each use permit that is renewed shall expire five years after issuance and may again be renewed in accordance with this section.
(E)
Standards.
(1)
Standards for All Community Events and Fundraisers.
(a)
Neighborhood Notice. For each event, a notice is required to be mailed to all property owners and occupants within 500 feet of the subject property at least 10 days in advance of the event. If there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the subject property, the 500-foot distance shall be extended in increments of 50 feet until owners of at least 10 properties have been notified by mail. The notice shall include the date, location, and hours for the event, and contact information for the designated contact person.
(b)
Contact Person. The zoning clearance or use permit shall designate a contact person who shall remain on site during events to respond to County or public questions or concerns. The name, address, and telephone number(s) of the local contact person shall be submitted to the Planning Department and mailed to the property owners and occupants of properties located within a 500-foot radius of the boundaries of the parcel on which the use is located. If there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the subject property, the 500-foot distance shall be extended in increments of 50 feet until owners of at least 10 properties have been notified by mail.
(c)
Noise. Activities and events are subject to the Noise Element of the General Plan/LCP, Chapter 8.30 SCCC, Noise, and Chapter 13.15 SCCC, Noise Planning, except as otherwise exempted in those chapters.
(d)
Hours. All amplified music shall be limited to the hours of 11:00 a.m. to 9:00 p.m. and may be further limited by the use permit. Activities and events for which no discretionary permit is required shall end no later than 10:00 p.m. Hours of operation for activities and events requiring a use permit shall be established by the permit, based on venue, site, and neighborhood attributes.
(e)
Sanitation. Activities and events shall conform with Environmental Health Services (EHS) standards and permit requirements. EHS policy allows for approval of portable facilities for a limited number of events per year; sites exceeding the limit must provide adequately sized, permanent, on-site sanitation. Hand-washing facilities must also be available.
(f)
Litter, Debris, and Erosion. Sites shall provide adequate covered trash receptacles and collection and shall meet County standards for controlling erosion and litter.
(g)
Arrangements shall be made for sufficient parking to serve guests, either on site or at an off-site location served by shuttle, with consideration to the typical level of on-street parking available and an objective of not creating parking impacts.
(2)
Additional Standards for Community Events and Fundraisers Requiring Discretionary Approval. The use of a property for two community events or fundraisers in a year, or for one or two events with amplified music, requires a conditional use permit in accordance with subsection (C) of this section and shall be subject to the following additional standards. The use permit may include conditions as appropriate to ensure compliance with required standards. Where there is a separate use permit that authorizes other events on a property, such as a use permit authorizing a winery, the use permit application for community events and fundraisers will be evaluated considering the previous authorization to ensure that the cumulative impact of all events is taken into account.
(a)
Guests per Event. The maximum number of guests per event shall be established by the use permit, based on use and site characteristics including parcel size, road access and circulation, proximity to adjacent land uses, sanitary capacity consistent with EHS policy, available parking, building capacity as applicable, potential noise impacts, and considering other permitted or allowed uses occurring on the parcel.
(b)
Number of Events per Year. The maximum number of events permitted per year shall not exceed two, and shall be established by the use permit, considering use and site characteristics, including proximity to adjacent land uses, other permitted or allowed uses occurring on the parcel, road access and circulation, traffic impacts, and potential noise impacts.
(c)
Parking. Parking shall be provided consistent with SCCC § 13.16.050 requirements for entertainment venues. Parking may be met through any combination of on-site parking and documented off-site parking served by shuttle.
(d)
Noise. A noise analysis may be required to ensure compliance with General Plan and County Code noise standards, and compatibility with nearby land uses. Permit conditions may include but are not limited to the following: placement of structures; restrictions on the location of activities relative to adjacent property lines; vegetative buffers; spatial separation; and limitations on amplified music such as limited hours, volume, or allowing indoor music only.
(e)
Food Service. Compliance with applicable local and State standards and permit requirements for food service is required, as enforced by EHS.
(f)
Emergency Vehicle Access. Fire agency review will be required for discretionary applications to ensure that the site provides adequate emergency vehicle access and complies with the Fire Code.
(Ord. 5423 § 23, 2022)
13.10.615 Secondary commercial weddings in the RA, RR, CA, and A Zone Districts.
(A)
Purpose.
(1)
This section establishes permit requirements, standards, and limitations for the use of parcels in the Residential Agriculture (RA), Rural Residential (RR), Commercial Agriculture (CA), and Agriculture (A) Zone Districts located outside the urban and rural service lines for commercial weddings or similar celebrations secondary to the primary use of the parcel, to ensure that the size, frequency, location, and operation of such activities are compatible with the primary use on the parcel and with adjacent land uses, and provide for the health, safety, convenience, and general welfare of participants and neighboring uses.
(2)
This section shall not affect the use of a permitted vacation rental for weddings or similar celebrations that do not exceed the maximum number of people allowed for celebrations and gatherings at the vacation rental, as provided by SCCC § 13.10.694(D)(1)(g) and (D)(2)(d).
(B)
Applicability. In the Residential Agriculture (RA) and Rural Residential (RR) Zone Districts on parcels located outside the urban and rural service lines, commercial weddings and similar events such as family reunions and Bat Mitzvahs, where the property owner receives payment for hosting the event, may be allowed where secondary to a residential use, winery, or brewery, subject to approval procedures and standards provided in subsections (C) and (D) of this section. In the Commercial Agriculture (CA) and Agriculture (A) Zone Districts on parcels located outside the urban and rural service lines, commercial weddings may be allowed where secondary to a winery, brewery, or vineyard, subject to approval procedures as provided in subsections (C) and (D) of this section. A minimum parcel size of eight acres is required in all zone districts. Family events and celebrations such as family weddings or graduation parties that are not held for commercial purposes are considered a normal use of property and are not subject to this section.
(C)
Permit and Approval Procedures. The use of a property for one or more commercial weddings or similar celebrations requires approval of a conditional use permit and a pre-application neighborhood meeting, pursuant to Chapter 18.10 SCCC. The conditional use permit shall expire three years after the date of initial issuance and may be renewed as provided in subsection (D) of this section.
(D)
Permit Renewal. The conditional use permit for secondary commercial weddings may be renewed subject to required findings as provided in SCCC § 18.10.230, and a determination that weddings or celebrations were held in substantial compliance with conditions of approval, which would support a presumption that an application for renewal of the use permit will be approved. No public hearing shall be required and action on permit renewal applications shall be by the Planning Director or designee, with notice of the proposed action provided not less than 10 calendar days before issuance or denial of the permit renewal, pursuant to SCCC § 18.10.116. Each use permit that is renewed shall expire three years after issuance, and may again be renewed in accordance with this section.
(E)
Standards. Secondary commercial weddings and similar celebrations shall be subject to the following standards applicable to community events and fundraisers: SCCC § 13.10.614(E)(1)(b) through (E)(1)(g), and (E)(2)(a) through (E)(2)(f), with the exception that commercial weddings shall not be limited to two events per year. In addition, the following standards apply:
(1)
Residential sites with a commercial wedding use are subject to the water efficient landscape ordinance (Chapter 13.13 SCCC) including existing landscapes over one acre in size pursuant to SCCC § 13.13.090.
(2)
Road Capacity. Use permits for weddings exceeding 50 guests will be reviewed by the County Department of Public Works as necessary to assess road capacity and infrastructure and address safety issues.
(3)
Signage. Signs associated with weddings occurring two to six times per year shall be subject to SCCC § 13.10.583, Temporary signs in all districts, and those occurring seven or more times per year shall not be considered temporary signs and shall comply with regulations for permanent signage within SCCC § 13.10.580 through § 13.10.585 as applicable.
(4)
In addition to measures identified in SCCC § 13.10.614(E)(2) to address noise impacts, more permanent strategies such as sound walls may be required for sites with seven or more events per year.
(Ord. 5423 § 23, 2022)
13.10.616 Temporary permits, uses, and structures.
(A)
Purpose. The purposes of this section are as follows:
(1)
To ensure that temporary uses and structures are developed in an orderly fashion consistent with the purpose of the applicable zone district;
(2)
To ensure that temporary uses and structures remain secondary to primary uses that exist, are allowed on the site, and are compatible with neighboring land uses, and to limit temporary uses and structures on vacant properties;
(3)
To promote and protect the public health, safety, peace, convenience, and general welfare;
(4)
To protect the character, visual and environmental resources, and quality of residential, commercial, industrial, agricultural, recreational, and open space areas of the County;
(5)
To allow and establish regulations for temporary uses and structures that are not otherwise subject to regulations pertaining to permanent accessory or ancillary uses and structures, such as those governing home occupations (SCCC § 13.10.613);
(6)
To accommodate temporary uses, structures, and activities that contribute to the quality of life, economic vitality, or public interest of Santa Cruz County; and
(7)
To allow for temporary uses and structures that may not be generally consistent with the purposes of the applicable zone district, but which may be allowed for a defined temporary period due to emergency or other urgent public needs in the interest of public health, safety, and welfare.
(B)
Temporary Permits. A temporary permit is required for any temporary use or structure that is not otherwise exempt or considered and processed as a special event or other similar short-term use.
(1)
Temporary permits shall be processed in accordance with procedures in Chapter 18.10 SCCC for minor use permits unless a coastal development permit is required per Chapter 13.20 SCCC. In the instance where a temporary use involves amplified music, a temporary permit shall be processed in accordance with procedures in Chapter 18.10 SCCC for noticed administrative permits, which may be elevated to a conditional use permit process involving a noticed public hearing for proposals involving longer time frames or multiple and repeated activities.
(2)
Temporary permits are subject to the following provisions:
(a)
Term. The term of a temporary permit shall be for a period of time determined by the Planning Director or designee not to exceed three years and shall be in accordance with subsections (C) and (E) of this section.
(b)
Extension. A temporary permit may be extended for one additional term of up to three years, for a maximum of six total years, based upon findings of special circumstances related to public benefit and/or unusual economic conditions, as appropriate to site circumstances, and subject to conditions of approval.
(c)
Conditions of Approval. A temporary permit may require conditions of approval to ensure public health and safety, including but not limited to:
(i)
Standards from the Americans with Disabilities Act;
(ii)
Site-specific evidence to support that the temporary use will not impact parking for other on-site uses, which may include letters of support for those uses;
(iii)
Requirements for alternate parking arrangements and/or alternate modes of access by customers; and
(iv)
Documented compliance with any special event or permit requirements from other State or local agencies, such as: the County Department of Public Works; County Health Services Agency; County Department of Parks, Open Space and Cultural Services; Sheriff's Office; County Fire Districts; California Department of Alcoholic Beverage Control; or California Department of Motor Vehicles.
Permitted temporary uses and/or structures may be exempted from some or all permanent site improvement standards normally required for permanent uses and structures, such as site frontage improvements or parking lot landscaping standards.
(d)
Expiration. Upon expiration of a temporary permit, all temporary uses shall cease and all associated temporary structures shall be removed from the parcel no more than 21 days following expiration, unless a site development and/or use permit allows for permanent use, subject to the provisions of the applicable zone district.
(C)
Temporary Uses. Unless exempted by subsection (D) of this section, temporary uses shall require a temporary permit and shall comply with the following standards:
(1)
A temporary use may be approved in any zone district, unless specifically prohibited in this section or elsewhere in the SCCC; a commercial, for-profit event, where fees or other forms of remuneration are collected, is not permitted as a temporary use in any residential zone district.
(2)
A temporary use and any associated structures may remain on a site for up to a total of 180 days. A temporary use and any associated structures may remain on a site for more than 180 days and up to three years with a permit, where appropriate for the use based upon findings for approval and subject to conditions of approval.
(3)
A temporary use on developed property shall be secondary to the primary use of the parcel.
(4)
Other than temporary storage uses associated with an active building permit, temporary uses are prohibited on vacant properties in residential zone districts, but they may be allowed on vacant properties in nonresidential zone districts, subject to approval of a temporary permit.
(5)
No temporary use shall, for any length of time, displace more than 35% of the parking spaces required by Chapter 13.16 SCCC, unless:
(a)
A County-approved street closure prevents access to such required parking during the period that the closure is in effect;
(b)
An applicant for a temporary use permit provides site-specific evidence to demonstrate that the average peak parking used on the site is less than 65% of the available parking during the same hours and in the same season of the year proposed for the temporary use, and the decisionmaker makes this finding in conjunction with approval;
(c)
Alternate parking or shuttle arrangements are approved to meet parking space requirements in conjunction with issuance of a temporary permit; or
(d)
By order of the County Health Officer, outdoor operations are encouraged and the limited number of parking spaces remaining as a result of outdoor operations is appropriate.
(6)
Signs for temporary uses shall comply with SCCC § 13.10.583.
(7)
Premises of a temporary use site shall be kept clean, sanitary, and free of litter.
(8)
After the temporary use has ceased, all visible signs of the temporary use and temporary structures shall be removed, and the site shall be free of trash. Any damage to the site or existing structures caused by the temporary use shall be repaired.
(9)
In addition to obtaining a temporary permit, temporary uses that extend onto the public right-of-way or other publicly owned property shall obtain an encroachment permit from the County Department of Community Development and Infrastructure (Division of Public Works), as well as any special event approval, concession licenses, and licensing agreements from the County Department of Parks, Open Space and Cultural Services, the State of California, or other entity as required.
(D)
Exemptions for Temporary Uses. The following temporary uses are exempt from subsection (B) of this section and shall not require a temporary permit:
(1)
Special Events and Uses.
(a)
Special events and uses conducted entirely within public property or public rights-of-way that are not associated with an adjacent or nearby private use on private property, where special event, concession licenses, licensing agreements, and/or encroachment permits or the like are obtained from the County Department of Community Development and Infrastructure (Division of Public Works), Department of Parks, Open Space and Cultural Services, the State of California, or other entity as required.
(b)
Special events associated with commercial uses with a valid use permit on a commercially zoned property limited to: one event per year, six hours or less per day during the hours of 8:00 a.m. to 5:00 p.m. over a consecutive two-day period, where approvals from Environmental Health Services and/or other agencies have been obtained as required.
(2)
Temporary uses conducted entirely within a building, such as a temporary sales area, for which all necessary County permits have been obtained and which allow the particular use.
(3)
Temporary uses for which a use permit has already been issued that allows the temporary use.
(4)
Garage or yard sales not exceeding four weekends per year on the site of a legal residential use.
(5)
Seasonal Sales. Seasonal sales of Halloween pumpkins, Christmas trees, and similar products in all zone districts except Residential. Seasonal sales in the RA Zone District may be permitted as small-scale commercial agriculture with minor use permit. Seasonal sales shall comply with the following standards:
(a)
A zoning clearance shall be obtained prior to the establishment of a seasonal sales use.
(b)
All activities associated with seasonal sales shall be conducted with a 10-foot setback from any property line with an existing residential use.
(c)
All activities associated with seasonal sales shall be conducted within the hours of 8:00 a.m. to 9:00 p.m., unless a temporary permit is approved to allow different hours of operation.
(d)
Sales that occur in areas designated for such seasonal sales as set forth in a previously issued development permit shall meet the conditions of that permit and do not require a separate zoning clearance.
(e)
Temporary structures associated with seasonal sales are allowed without a separate temporary permit if they meet setback requirements for the zone district and comply with any applicable building code standards pursuant to Chapter 12.10 SCCC. Temporary structures larger than 120 square feet and 10 feet in height, measured in accordance with the Zoning Ordinance, may require a building permit and inspections prior to use, unless otherwise exempted by Chapter 12.10 SCCC.
(f)
Recreational vehicles are allowed in conjunction with seasonal sales and must comply with setbacks equivalent to the structural setback requirements for the zone district. Recreational vehicles utilized in conjunction with seasonal sales shall be removed from the parcel within 15 days following the Thanksgiving holiday for pumpkin sales or following December 25th for Christmas tree sales.
(g)
Site ingress and egress shall not create a traffic or pedestrian safety hazard.
(h)
Any temporary fencing shall be placed outside the corner sight clearance triangle provided by SCCC § 13.16.093 and shall not exceed eight feet in height.
(i)
Signage shall comply with SCCC § 13.10.583.
(j)
Vendor shall maintain on site a multi-purpose certified fire extinguisher (Type A, B, and C, minimum five-pound size) appropriate for Class A (non-metallic solids), B (flammable gases), and C (electrical fires). Temporary membrane type structures shall be fire resistive and be NFPA-701 certified.
(E)
Temporary Structures. Temporary structures are subject to standards and permit requirements depending on the type of structure, as provided below:
(1)
Temporary Storage Boxes.
(a)
In any zone district, a maximum of one fully enclosed, temporary container designed for secure temporary storage, and obtained from and installed by a commercial vendor, may be installed pursuant to this section. All such temporary structures:
(i)
Shall obtain a Zoning Clearance to check for zoning and setback compliance prior to installation.
(ii)
Shall be removed within 90 days of installation, unless a time extension is authorized by a temporary permit to allow a temporary structure for up to 180 days (or during term of construction as provided in subsection (E)(1)(b)(iii) below). If an application for a temporary permit or permit extension is submitted on or prior to the required removal date, the temporary structures may remain in place up to 30 additional days to provide for permit processing.
(iii)
Shall be located wholly outside any corner sight distance triangle, and a minimum of five feet from any property line unless approved to be installed, wholly or partially, within a right-of-way.
(iv)
Shall not be subject to standards for lot coverage or floor area ratio.
(v)
Shall be subject to review by the Department of Community Development and Infrastructure when proposed wholly or partially within a public right-of-way, and an encroachment permit or other license or agreement may be required.
(vi)
If proposed wholly or partially within a private right-of-way, the temporary structure shall require a temporary permit and be subject to the following standards:
A.
Shall not be located in the private right-of-way if it can reasonably be installed in a driveway and shall not fully preclude use of the right-of-way.
B.
May be located in parking spaces adjoining the subject parcel.
C.
Shall not occupy any space reserved for persons with disabilities.
D.
Shall not create a safety, traffic, or pedestrian hazard.
E.
Shall not affect the line of sight established by any corner sight clearance triangle defined by SCCC § 13.10.525(D)(3).
F.
Between the dates of October 15th and April 15th, shall not be placed in any location where likely to divert, impede or otherwise adversely affect any established pattern of storm water runoff.
(b)
Temporary Storage Boxes on Vacant Parcels.
(i)
Temporary storage boxes may be placed on vacant, non-residential parcels, subject to the provisions of subsection (E)(1)(a) of this section.
(ii)
Temporary structures or storage boxes are not allowed on vacant parcels in residential zone districts in the absence of an active building permit.
(iii)
When associated with a building permit, temporary storage boxes may be installed on any parcel, vacant or developed, as provided by subsection (E)(1)(a) of this section, except that the unit(s) may remain on site for the active term of the building permit and shall be removed from the site within 15 days after the building permit is expired, voided, or withdrawn.
(2)
Temporary Tent Structures.
(a)
In any district, one prefabricated, temporary tent structure used for parking, storage, or other use, constructed of light frame materials and covered with cloth or flexible plastic, is allowed for up to 180 days without a permit pursuant to the following standards:
(i)
Maximum height shall be 12 feet.
(ii)
Maximum area shall be 300 square feet.
(iii)
All structures and materials shall be maintained in good condition, free of tears and graffiti.
(b)
Temporary tent structures shall be subject to setback standards of the applicable zone district, except that, outside the front setback area, tent structures that are open on at least two sides may be located a minimum of five feet from the side property lines in any residential district.
(c)
Temporary tent structures greater than 12 feet in height or 300 square feet in area, or more than one on a site, or proposed to exist for more than 180 days, or requesting further reduced setbacks, may be considered with approval of a Temporary Permit (administrative site development permit) for a period not to exceed one year.
(d)
Temporary light frame tent structures with a maximum height of 12 feet and a maximum size of 300 square feet located in a residential rear yard and not visible from a public street may remain on a site for up to one year with no temporary permit required.
(e)
Tent structures proposed for more permanent installations (greater than one year) shall be processed as regular structures under applicable regulations of the County Code.
(f)
Tent structures shall not have any lighting between the hours of 10:00 p.m. and 5:00 a.m.
(3)
Other Temporary Structures Associated with Authorized or Approved Temporary Uses.
(a)
Temporary permits granted for temporary uses may also authorize associated temporary structures, with appropriate conditions pertaining to number, size, height, design, materials, and location on the site.
(b)
Temporary permits may also be approved for types of temporary structures that do not fall within the above categories, for time periods of up to three years, as reasonably related to the needs and purposes of a primary use of the site, or as determined to be in the interests of public health, safety, and welfare.
(Ord. 5346 § 6, 2020; Ord. 5366 § 6, 2021; Ord. 5423 § 23, 2022; Ord. 5487, 6/10/2025)
13.10.621 Adult bookstores and adult motion picture theaters.
(A)
Definitions. As used in this chapter:
(1)
"Adult bookstore"
means a building or portion thereof used by an establishment having, as a substantial or significant portion of its stock in trade for sale to the public, books, magazines or other publications, which are distinguished or characterized by their emphasis on matter depicting, describing, or relating to specified sexual activities or specified anatomical areas.
(2)
"Adult motion picture theater"
means a building or portion thereof, or area, whether open or enclosed, regularly used for the presentation of motion pictures distinguished or characterized by an emphasis on matter depicting, describing or relating to specified sexual activities or specified anatomical areas for observation by patrons or customers.
(3)
"Specified sexual activities"
shall mean any of the following:
(a)
Human genitals in a state of sexual stimulation or arousal;
(b)
Acts of human masturbation, sexual intercourse, sodomy or bestiality; or
(c)
Fondling or other erotic handling of human genitals.
(4)
"Specified anatomical areas"
shall mean any of the following:
(a)
Less than completely and opaquely covered human genitals; or
(b)
Human male genitals in a discernibly turgid state.
(5)
"Substantial or significant portion of its stock in trade for sale"
shall mean 10 percent of the titles on display for sale. Nonincidental materials with the same title shall be considered separate items.
In order for the County to ensure that no more than 10 percent of the titles for sale are books, magazines or other publications distinguished or characterized by their emphasis on matters depicting, describing, or relating to specified sexual activities or specified anatomical areas, the County shall have the right, upon reasonable notice to an applicant or property owner, to inventory stock in trade of "adult material" as herein defined, and regular material. |
(B)
Location Restrictions. No development permit shall be granted for the purpose of operating an adult bookstore or adult motion picture theater, as defined, unless in addition to satisfying all other requirements imposed by this chapter, the applicant can establish the following facts:
(1)
The property, or any portion thereof, on which the proposed use would be located is not within 500 feet of any property or portion thereof used for an elementary school, junior high school, high school, or public playground; and
(2)
The property, or any portion thereof, on which the proposed use would be located is not within 100 feet of any property or portion thereof on which an adult bookstore or an adult motion picture theater, as hereinabove defined, or a bath or massage establishment, as defined in SCCC § 13.10.623, is located and doing business; and
(3)
The property, or any portion thereof, on which the proposed use would be located shall not be within 400 feet, measured from the frontage of the building where there is no rear access, or 400 feet from a rear access, of any lot or parcel of property which is designated as a residential zone district.
(C)
Reports. Environmental impact documents prepared in accordance with Chapter 16.01 SCCC and the County environmental impact guidelines adopted pursuant thereto shall be submitted by each applicant for a permit pursuant to this section.
(Ord. 3432 § 1, 1983)
13.10.622 Exhibition of adult films at outdoor motion picture theaters.
(A)
Prohibition. It shall be unlawful to present or exhibit, or to permit the presentation or exhibition of, any motion picture which is distinguished or characterized by an emphasis on matter displaying, depicting or describing specified sexual activities or specified anatomical areas, as defined in SCCC § 13.10.621, at any outdoor motion picture theater.
(B)
Definition. "Outdoor motion picture theater" means any unenclosed land or premises, if each of the following conditions exist:
(1)
A stage or screen is located thereon which is used for the presentation or exhibition of motion pictures; and
(2)
Said stage or screen is visible from any public street or highway, public place, or private residential dwelling; and
(3)
The premises on which the stage or screen is located are open to the public upon payment of a fee or admission charge.
(C)
Penalty. In addition to all civil remedies which may be provided for by this code or State law, any person, firm, or corporation which violates the provisions of this section shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine of not more than $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of three or more violations of this section within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violation of this section is committed, continued or permitted.
(Ord. 3432 § 1, 1983)
13.10.623 Massage and bath establishments.
(A)
Purpose. It is the purpose of this section to provide for the orderly regulation of bath or massage establishments in the County of Santa Cruz in order to protect the public health and welfare by establishing certain minimum standards for the conduct of this type of business and by restricting the permitted locations thereof. This title is adopted pursuant to Sections 51030 through 51034 of the California Government Code.
(B)
Definitions.
(1)
"Bath"
shall mean the activity of providing facilities for the following: steam bath, electric light bath, electric tub bath, sponge bath, sun bath, mineral bath, Russian, Swedish, or Turkish bath; or any other type of public bathing, which has in connection therewith a steam room, dry hot room or shower bath.
(2)
"Massage"
shall mean any method of pressure on, or friction against, or stroking, kneading, rubbing, tapping, pounding, vibrating, or stimulating the external parts of the human body with the hands or other parts of the body, with or without the aid of any mechanical or electrical apparatus or appliances, and with or without supplementary aids such as rubbing alcohol, liniments, antiseptics, oils, powder, creams, lotions, ointments or other similar preparations commonly used in this practice.
(3)
"Masseur/masseuse"
shall mean a person who, for compensation, administers or assists in the administration of baths or massages.
(4)
"Bath or massage establishment"
shall mean any establishment having a fixed place of business where any individual, firm, association, partnership, corporation, or combination of individuals engages in, conducts, carries on, or permits the providing of baths or massages.
(C)
Location Restriction. No person shall operate a bath or massage establishment at any location if the property, or any portion thereof, on which the bath or massage establishment would be located is:
(1)
Within 1,000 feet of any property or portion thereof on which another bath or massage establishment is located and doing business; or
(2)
Within 500 feet of any property or portion thereof which is used for an elementary school, junior high school or public playground.
(D)
Prohibitions.
(1)
A masseur/masseuse shall not administer or offer to administer any bath or massage to any person under 18 years of age unless such person is accompanied by a parent or guardian.
(2)
No person under 18 years of age shall work or be permitted to work on the premises of any bath or massage establishment.
(3)
No food or beverage shall be sold or served, nor shall any business activity other than baths or massages be conducted on the premises of a bath or massage establishment.
(E)
Operating Requirements.
(1)
A list of services available and cost of such services shall be posted in an open and conspicuous public place on the premises of each bath or massage establishment. No owner, operator, responsible managing employee or manager in charge of, or in control of, the bath or massage establishment shall permit, and no masseur/masseuse shall offer to perform, any services other than those posted.
(2)
Repealed by Ord. 5061.
(F)
Applicability of Chapter to Existing Facilities. Any person, association, partnership or corporation lawfully engaging in or carrying on the operation of a bath or massage establishment on the effective date of the ordinance codified in this chapter shall comply with all of the provisions of this chapter, except those of subsection (C) of this section within 180 days of the effective date thereof.
(G)
Exemptions. This chapter shall not apply to athletic team trainers, cosmetologists, barbers, or persons licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the California Business and Professions Code when engaging in such practice within the scope of his or her license.
(H)
Penalties for Violations. Any person, firm or corporation violating any of the provisions of this chapter shall be guilty of an infraction, and upon conviction thereof shall be punishable by a fine of not more than $100.00; provided, however, that any offense which would otherwise be an infraction is a misdemeanor if the defendant has been convicted of three or more violations of this chapter within the 12-month period immediately preceding the commission of the offense and such prior convictions are admitted by the defendant or alleged in the accusatory pleading. For this purpose, a bail forfeiture shall be deemed to be a conviction of the offense charged. Each person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by such person, firm or corporation and shall be punishable therefor as provided by this chapter.
(Ord. 3432 § 1, 1983; Ord. 5061 § 18, 2009)
13.10.631 Farmworker (agricultural employee) housing.
(A)
Purposes. The purposes of regulations for farmworker housing are:
(1)
To recognize farmworker housing as an agricultural land use necessary for commercial agricultural operations;
(2)
To permit and encourage a sufficient supply of housing for agricultural employees ("farmworker housing") to meet the needs of local growers and farmworkers and to address County goals related to farmworker housing;
(3)
To comply with the California Employee Housing Act ("the Act" or "EHA"), as defined below, related to local regulation and permitting of employee housing, as defined in the Act, for farmworkers;
(4)
To provide clear development standards and permitting procedures for the development of farmworker housing projects of up to 12 dwelling units, mobile homes, or recreational vehicle spaces, or five to 36 beds in group quarters, including permanent, temporary, or seasonal farmworker housing projects, consistent with Section 17021.6 of the Act, and for streamlined affordable farmworker projects of up to 36 units, consistent with Section 17021.8 of the Act ("EHA Projects");
(5)
To clarify development standards and permitting procedures for the development of small agricultural employee housing projects of one to four dwelling units or mobile home/trailer spaces ("small farmworker housing projects"), including permanent, temporary, or seasonal farmworker housing projects as defined in the Act;
(6)
To codify review procedures and development standards for utilization of the Development Reserve ("DR") established in the General Plan to allow development of up to 200 units of affordable rental housing for farmworker households ("affordable farmworker housing projects") on qualifying sites within unincorporated South County, as defined herein;
(7)
To provide clear provisions for monitoring and enforcement of applicable occupancy standards, licensing requirements, and health and safety codes for farmworker housing projects, to ensure the housing is occupied by farmworker households, and that the housing and associated infrastructure meets health and safety codes; and
(8)
To prevent the conversion of agricultural land to non-agricultural uses, while allowing development of farmworker housing needed for farming operations to thrive.
(B)
Applicability. This section applies to farmworker housing projects proposed in the Commercial Agriculture (CA) and Agriculture (A) Zone Districts. In the event of any conflicts between Chapter 13.10 SCCC and the Act with respect to Employee Housing, as defined below, the Act, as it may be amended, shall prevail. This is declaratory of existing law. Notwithstanding other provisions of this code, nothing in this section shall be deemed to eliminate already existing farmworker housing currently allowed by law, nor to prohibit rehabilitation of such existing farmworker housing so long as such rehabilitation complies with all applicable State and County health, safety, fire, housing, and construction codes.
(C)
Definitions. For the purposes of this section, the following words and phrases shall be defined as set forth in this section and as further defined in the Act, where indicated. In the event of any conflict between the definitions in this section and definitions of the same or similar terms in SCCC § 13.10.700, the definitions herein shall prevail.
(1)
"Affordable rental farmworker housing project"
("ARFH Project") or "affordable project" means a subsidized, rent-restricted, multifamily rental housing development of more than 12 units developed by a nonprofit housing provider for lower-income farmworker households, pursuant to the Development Reserve established in the General Plan, and subsection (G) of this section.
(2)
"Agricultural employee"
means an employee engaged in agriculture, which includes farming in all its branches, including but not limited to the cultivation and tillage of the soil, dairying, the production, cultivation, growing, and harvesting of any agricultural or horticultural commodities, the raising of livestock, bees, furbearing animals, or poultry, and any practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, including preparation for market and delivery to storage or to market or to carriers for transportation to market, as further defined in California Labor Code Section 1140.4(b). "Agricultural employee" also means farm worker, farmworker, or farm laborer. "Agricultural employee" does not include persons engaged in household domestic service, or certain employees of religious or charitable entities listed in Section 17005(b) and (c) of the Act. Agricultural employees earn their primary income through permanent or seasonal agricultural labor.
(3)
"Agricultural employer"
means one engaged in agriculture who employs employees, as further defined in Labor Code Section 1140.4(c).
(4)
"EHA project"
means a proposal to develop a project to provide housing for at least five farmworkers, pursuant to Section 17021.6 of the Act, including any of the following project types defined below: an employer-provided farmworker housing project or rural farmworker housing project consisting of no more than 12 dwelling units or other housing accommodations designed for occupancy by a household, or up to 36 beds if the project consists of group quarters; or a small farmworker housing project.
(5)
"Employee housing"
as used in this section means housing for at least five employees as further defined in Section 17008, et seq. of the Act, and means the same as "labor camp" as that term may be used in various State laws.
(6)
"Employee Housing Act" or "EHA" or "Act"
means California Health and Safety Code Section 17000—17062.5, as may be amended by the State of California from time to time.
(7)
"Employer-provided farmworker housing"
means housing accommodations described in Section 17008(a) of the Act for five or more farmworkers by their employer and maintained in connection with any work or place where work is being performed, whether or not rent is involved.
(8)
"Enforcement Agency" or "Local Enforcement Agency"
means the Environmental Health Services Division of the Health Services Agency of the County of Santa Cruz ("EHS"), which is authorized to enforce the Act within Santa Cruz County. In the event the County ceases to be the local enforcement agency, the California Department of Housing and Community Development (HCD) would be the Enforcement Agency.
(9)
"Farmworker"
means an agricultural employee, as defined above.
(10)
"Farmworker housing"
means employee housing for agricultural employees, or any other type of farmworker housing project authorized by this section.
(11)
"HCD"
means the California Department of Housing and Community Development, or its successor agency.
(12)
"Housing accommodations"
as used in reference to EHA projects, means any living quarters, dwelling, boardinghouse, tent, bunkhouse, maintenance-of-way car, mobile home, manufactured home, recreational vehicle, travel trailer, or other housing accommodations, maintained in one or more buildings or one or more sites, and the premises upon which they are situated or the area set aside and provided for parking of mobile homes or camping of five or more employees by the employer.
(13)
"License"
means a permit to operate employee housing issued by the Enforcement Agency pursuant to Section 17030—17039 of the Act.
(14)
"Rural farmworker housing"
means housing accommodations as described in Section 17008(b) of the Act which are: located in an agricultural zone, and in a rural area as defined in California Health and Safety Code Section 50101; provided by someone other than an agricultural employer; and provided for five or more farmworkers of any agricultural employer(s) for any of the following purposes:
(a)
Temporary or seasonal occupancy, as defined herein;
(b)
Permanent occupancy, if the housing accommodation is a mobile home, manufactured home, travel trailer, or recreational vehicle; or
(c)
Permanent occupancy, if the housing accommodation consists of one or more existing, conventionally built (i.e., subject to State Housing Code—Health and Safety Code Sections 17910—17998.3, also known as "stick-built") structure(s) on the site that are at least 30 years old, and at least 51 percent of the dwelling units or 51 percent of the beds in group quarters in the existing structure(s), are occupied by farmworkers.
(15)
"Seasonal occupancy" or "seasonal employee housing"
means farmworker housing which is operated annually on the same site and which is occupied for not more than 180 days in any calendar year, as further defined in Section 17010(b) of the Act.
(16)
"Single-family farmworker housing"
means any housing accommodations occupied by no more than six farmworkers for which the owner/operator has obtained or seeks a license pursuant to Section 17021.5 of the Act, which allows such projects to be deemed a single-family dwelling and a residential use of the property.
(17)
"Small farmworker housing project" or "small project"
means a farmworker housing project of one to four dwelling units, each to be occupied exclusively by farmworker(s) or a farmworker family, including any existing or proposed caretaker's unit. The four-unit limit for this project type does not include any existing or proposed primary residence and/or accessory dwelling unit on the same parcel.
(18)
"Streamlined EHA project" or "streamlined project"
means an affordable farmworker housing project of no more than 36 dwelling units, manufactured homes, or spaces for manufactured or mobile homes or recreational vehicles, subject to a 35-year affordability restriction, which may not include dormitory-style units or housing for H-2A visa holders, and as further defined in the Act and in subsection (H) of this section, which is eligible for streamlined, ministerial processing pursuant to Section 17021.8 of the Act.
(19)
"Temporary occupancy" or "temporary employee housing"
means farmworker housing which is not operated on the same site annually, and which is established for one operation and then removed, as further defined in Section 17010(a) of the Act.
(D)
EHA Projects. This section applies to farmworker housing projects that provide housing for at least five farmworkers and are proposed pursuant to Section 17021.6 of the Act ("EHA Projects"). Eligible project types include employer-provided farmworker housing or rural farmworker housing projects, as defined above, of up to 12 dwelling units or up to 36 beds in group quarters (dormitory-style housing); or a small project, as defined above, that provides housing for at least five farmworkers. EHA projects may be for seasonal or temporary residency, as defined above. EHA projects shall not include any proposed land division (e.g., parcel map, subdivision map, or condominium map) for the purposes of creating a separate parcel for the EHA project and/or for one or more EHA unit(s).
(1)
Required Permits and Approvals.
(a)
Site Development Permit. In the CA and A Zone Districts, EHA projects proposed pursuant to this subsection (D) are considered an agricultural use and require an Administrative Site Development Permit (Level III or V, as shown on use chart) from the Planning Department. Conditions of approval may be imposed by the Director to ensure compliance with the performance standards of this section and with the Act.
(b)
Water and Sanitation Permits. EHA projects not connected to community sewer or water shall obtain required County permits for proposed well water and/or septic systems pursuant to Chapters 7.38, 7.70, 7.71 and 7.73 SCCC as applicable. EHA projects on well water that meet the definition of a public drinking water system shall comply with State Water Resources Control Board standards.
(c)
Building Permits. EHA projects shall obtain building permits or other required permits, depending on type of housing accommodations proposed for the project. For EHA projects consisting of two to four mobile or manufactured homes (not on a permanent foundation system) or recreational vehicles, or spaces for two to four mobile homes or recreational vehicles (a "trailer park"), HCD is the permitting agency. For EHA projects of five to 12 spaces, mobile homes, or recreational vehicles, the County is the permitting agency.
(d)
Recorded Covenant. The site development permit shall include a condition of approval for the property owner to record a farmworker housing covenant with the County to provide constructive notice of and ensure owner's compliance with the requirements of this section, the Act, and their license.
(e)
License. EHA projects shall obtain and maintain a license to operate the proposed farmworker housing from the Enforcement Agency pursuant to Section 17030—17039 of the Act. The Enforcement Agency in the County is the Environmental Health Services Division of the County Health Services Agency.
(i)
Applicants shall apply for the license at least 45 days before initial occupancy, after the site development permit and any required building or other ministerial permits have been obtained for the project. The application form is available from the Enforcement Agency and requires applicant to provide all information listed in Section 17032 of the Act.
(ii)
Applicant shall submit a letter requesting a modification to the license whenever there is a change in any of the information provided on the license application form, such as a reduction or increase in the number of units or beds occupied by farmworkers, or any other information on the form.
(iii)
Licenses are issued for a one-year period and subject to annual monitoring by the Enforcement Agency. Applicant shall submit a letter each year requesting an annual renewal of the license for as long as the housing continues to be operated as employee housing.
(iv)
Any operator of an EHA project that fails to obtain or maintain the required license for the project shall be subject to the penalties of Section 17037 of the Act, including in some cases a requirement to pay double or 10 times the applicable licensing fees.
(f)
Certificate of Non-Operation. If the EHA project ceases to be occupied by farmworkers, the operator shall submit a letter certifying non-operation to the Enforcement Agency within 30 days, noting the date on which the housing ceased to be occupied, consistent with Section 17037.5 of the Act. The certification of non-operation shall be submitted to the Enforcement Agency annually for two years following discontinuation of the use of any area or structure on the property identified in operator's license as farmworker housing. The certification shall attest under penalty of perjury that the farmworker housing has been destroyed, or is no longer owned and operated, or has not been and shall not be occupied by five or more employees during the calendar year. Operator shall send a copy of the certification of non-operation to the County Planning Department concurrently with delivery to the Enforcement Agency.
(i)
If a certification of non-operation is filed within 10 years of issuance of the initial certificate of occupancy for the EHA project, the provisions of Section 17021.6(f) may be invoked by County for recovery of any waivers of impact fees, taxes, or costs that may have been associated with the initial permitting of the EHA project.
(ii)
Filing of a certification of non-operation shall be considered a conversion to another use. The EHA project shall not be converted to any other use unless the conversion is approved in advance by the County through the Planning Department. Any conversion shall be subject to all applicable County codes (zoning, building, fire, etc.) and permitting requirements at the time of the conversion. Development initially permitted as an EHA project and then converted without prior County approval will not be "grandfathered in" or considered legal nonconforming structures for uses other than farmworker housing.
(g)
Environmental Review. EHA projects are subject to environmental review ("CEQA"). The Public Resources Code provides some exemptions to CEQA that may apply to certain types of farmworker housing defined herein.
(2)
Development Standards and Criteria. EHA projects shall comply with development standards of the CA and A Zone Districts applicable to agricultural uses as provided in SCCC § 13.10.313, as well as the additional standards and criteria provided below. In the event of any conflict between SCCC § 13.10.313 and the standards and criteria provided in this section, those in this section shall prevail.
(a)
Density Limitations. EHA projects proposed in agricultural zones are considered an agricultural use pursuant to the Act and as such are not subject to the residential density limitations set forth in the General Plan or SCCC, including Chapter 13.14 SCCC.
(b)
Unit Size. The maximum habitable floor area for a dwelling unit intended for occupancy by a single farmworker household (individual farmworker or farmworker family) in an EHA project shall not exceed the following, measured in square feet (SF):
Table 13.10.631-1: Maximum Habitable Floor Area for EHA Projects | |
|---|---|
Unit Size | Maximum Habitable Floor Area* |
Studio or 1 bedroom | 640 SF |
2 bedrooms | 800 SF |
3 bedrooms | 1,200 SF |
4 or more bedrooms | 1,400 SF |
* Defined in SCCC § 13.10.700-H. |
(c)
Group Quarters. Structures designed as group quarters or dormitories shall provide at least 50 square feet of habitable area per bed (per occupant) within the dormitory structure.
(d)
Height. Structures shall be limited to a height of 28 feet.
(e)
Parking. EHA projects shall comply with the parking standards in Chapter 13.16 SCCC, except that the minimum number of spaces per unit or per bed in an EHA project shall be as set forth below:
Table 13.10.631-2: Minimum Parking Spaces for EHA Projects | |
|---|---|
Unit Size | Minimum Parking Spaces Required |
Studio or 1-bedroom | 1 |
2 or 3 bedrooms | 2 |
4 or more bedrooms | 2.5 |
Group quarters | 0.5 per bed |
(i)
Parking Exceptions. The Director may approve a reduction in required parking spaces without a variance, if the applicant provides evidence to the Director's satisfaction that fewer parking spaces than otherwise required by this section will be adequate for the EHA project, such as where transit service or alternative transportation is available or is provided by the operator.
(ii)
Alternate surfacing materials (e.g., base rock or gravel) may be allowed for parking areas and/or accessways to the EHA, if the Director finds that the alternate surfacing materials will help to preserve agricultural land, and the surfacing will be installed and maintained in a manner that will prevent erosion and will provide adequate drainage, and such alternate is acceptable to other involved reviewing agencies (e.g., fire district, Public Works).
(f)
Siting. EHA projects shall be sited on the parcel, to the extent feasible, to avoid placing units or structures on prime agricultural land or other productive soils, and to avoid or minimize exposure of occupants to hazards associated with agricultural operations on the site or adjacent properties. As an agricultural use, EHA projects are not subject to SCCC § 16.50.095, Agricultural buffer setbacks.
(i)
Minimize Disturbance. To the extent feasible, EHA projects shall be sited on the least agriculturally viable portion of the parcel or in such a way as to disturb the least amount of productive farmland. Depending on site conditions, this may be achieved by siting the EHA project near existing development on the site, using existing site access, and minimizing the use of paving materials or other impervious surfacing to the minimum necessary to accommodate the EHA project.
(ii)
Buffers. To the extent feasible, housing accommodations shall be sited at least 50 feet from any active agricultural operations on the subject parcel, including areas subject to machine cultivation or pesticide application. If such distances are not feasible, buffering techniques, such as fencing, screening with vegetation, or other techniques may be used to provide a buffer between farmworker housing and farming operations, subject to Department approval. Housing accommodations shall not be located within 75 feet of any livestock barns, pens, or similar quarters of livestock or poultry, consistent with State regulations.
(3)
Enforcement.
(a)
Violation of any conditions of approval of a license, the Act, or any County permit or approval of an EHA project shall be considered a violation of the Santa Cruz County Code, subject to enforcement in accordance with Chapter 19.01 SCCC, which may include fines, civil penalties, abatement of the use, conversion of the housing units to non-habitable structures, or removal of the structures. Any operator found to be leasing EHA units or beds in a licensed EHA project to occupants other than farmworkers or farmworker families shall be deemed in violation of the County Code pursuant to this section.
(b)
EHA projects are subject to the enforcement provisions of the Act (Section 17050—17062.5). Violations of the relevant use, occupancy, or maintenance requirements, or conditions of the license, are considered a public nuisance under the Act, and subject to abatement if not made to conform. The Enforcement Agency may pursue all enforcement actions authorized under the Act to investigate and/or abate violations.
(E)
Single-Family Farmworker Housing. Single-family farmworker housing projects as defined in subsection (C) of this section may, at the applicant's option, be proposed pursuant to Section 17021.5 of the Act, in which case they are deemed a residential use and subject to the same permitting requirements and development standards that apply to a single-family dwelling proposed in the applicable zone, rather than being deemed an agricultural use pursuant to subsection (D) of this section. All single-family farmworker housing projects that provide housing for at least five farmworkers shall obtain a license from the Enforcement Agency pursuant to the Act.
(F)
Small Farmworker Housing Projects. A small farmworker housing project of one to four farmworker dwelling units per parcel, in addition to any primary residence and accessory dwelling unit that may exist on the site, shall be processed as follows:
(1)
Applicability of the Act.
(a)
Small farmworker housing projects proposed to provide housing for at least five individual farmworkers (i.e., one to four dwelling units, with each unit housing at least one farmworker and at least one unit housing more than one farmworker) are considered an EHA project and may be approved pursuant to subsection (D) of this section on a parcel in an agricultural zoning district, subject to all provisions of subsection (D) of this section and the Act, including the requirement to obtain a license.
(b)
Small farmworker projects proposed to provide housing for four or fewer individual farmworkers (at least one farmworker per proposed unit, not to exceed four farmworkers total in the project) are not EHA projects and are not subject to the Act. Such projects may be approved in agricultural zones outside the Coastal Zone with an administrative site development permit (Level III), and inside the Coastal Zone with a Level V site development permit, pursuant to all requirements of subsection (D) of this section, except for the requirement to obtain or maintain a license. In lieu of a license, such projects shall be subject to annual monitoring by the Planning Department to verify the owner's compliance with the recorded farmworker housing covenant and project conditions of approval. If, upon monitoring or in response to a complaint, any dwelling unit in such project is determined to be non-compliant with the occupancy requirements set forth in the farmworker housing covenant, after reasonable notice and opportunity to correct the violation as set forth in County Code, the project permit may be revoked and the unit(s) subject to enforcement pursuant to Chapter 19.01 SCCC, possibly including abatement of the structures.
(G)
Affordable Rental Farmworker Housing. This subsection provides a discretionary land use approval process for affordable rental farmworker housing projects as defined above (AFH project or ARFH project) which exceed the maximum size of an EHA project and are not subject to the requirements of the Act.
(1)
Development Reserve. A development reserve for affordable farmworker housing (ARFH projects) has been established by the County General Plan. This reserve allows the County to approve development of up to 200 units of affordable farmworker housing within qualifying unincorporated areas of the Pajaro Valley, outside of the Coastal Zone, as a conditional use in CA and A agricultural zones. The units authorized by this reserve shall be made available on a first-come, first-served basis to qualified affordable housing providers as set forth below.
(2)
Qualified Affordable Housing Developers. In order to apply for a conditional use permit and a development permit pursuant to this section, project applicants shall meet the following criteria:
(a)
Project sponsor (developer) and/or site owner is a 501(c)(3) nonprofit housing development organization and/or public agency;
(b)
Project will be funded in full or part by public subsidies and/or low-income housing tax credits, or is being developed on land provided by the County or other public or nonprofit agency for development of affordable rental farmworker housing; and
(c)
All rental units in the project, except any property manager's units, will be subject to an affordability restriction of at least 55 years and a requirement that the units be occupied only by farmworkers and/or farmworker families, as defined above or as may be defined by the project financing source(s). In the case of any conflict, the stricter definition shall prevail.
(3)
Site Location Criteria. Sites proposed for an ARFH project shall meet the following site location criteria ("qualifying areas"):
(a)
The land is located within the unincorporated areas of the Pajaro Valley within Santa Cruz County (see Figure 13.10.631-1, below), and is in the CA, AP, or A zoning district.
(b)
The development site, defined as the proposed development envelope of the project, not the entire agricultural parcel on which it is proposed, is not within any of the following zones or areas:
(i)
A Coastal Zone, as defined in Division 20 (commencing with Section 30000) of the Public Resources Code.
(ii)
Wetlands, as defined in the United States Fish and Wildlife Service Manual, Part 660 FW 2 (June 21, 1993).
(iii)
Within a very high fire hazard severity zone, as determined by the Department of Forestry and Fire Protection pursuant to Section 51178 of the Government Code, or within a high or very high fire hazard severity zone as indicated on maps adopted by the Department of Forestry and Fire Protection pursuant to Section 4202 of the Public Resources Code. This subsection does not apply to sites excluded from the specified hazard zones by a local agency, pursuant to subdivision (b) of Section 51179 of the Government Code, or sites that have adopted fire hazard mitigation measures pursuant to existing building standards or State fire mitigation measures applicable to the development.
(iv)
A hazardous waste site that is listed pursuant to Section 65962.5 of the Government Code or a hazardous waste site designated by the Department of Toxic Substances Control pursuant to Section 25356 of the Health and Safety Code, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses.
(v)
Within a delineated earthquake fault zone as determined by the State Geologist in any official maps published by the State Geologist, unless the development complies with applicable seismic protection building code standards adopted by the California Building Standards Commission under the California Building Standards Law (Part 2.5 (commencing with Section 18901) of Division 13 of the Health and Safety Code), and by any local building department under Chapter 12.2 (commencing with Section 8875) of Division 1 of Title 2 of the Government Code.
(vi)
Within a floodplain as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has been issued a floodplain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations and Chapter 16.13 SCCC, Floodplain Regulations.
(vii)
Within a floodway as determined by maps promulgated by the Federal Emergency Management Agency, unless the development has received a no-rise certification in accordance with Section 60.3(d)(3) of Title 44 of the Code of Federal Regulations.
(viii)
Lands identified for conservation in an adopted natural community conservation plan pursuant to the Natural Community Conservation Planning Act (Chapter 10 (commencing with Section 2800) of Division 3 of the Fish and Game Code), habitat conservation plan pursuant to the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), or other adopted natural resource protection plan.
(ix)
Habitat for protected species identified as candidate, sensitive, or species of special status by State or Federal agencies, fully protected species, or species protected by the Federal Endangered Species Act of 1973 (16 U.S.C. Sec. 1531, et seq.), the California Endangered Species Act (Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code), or the Native Plant Protection Act (Chapter 10 (commencing with Section 1900) of Division 2 of the Fish and Game Code).
(x)
Lands under conservation easement, unless the easement allows or can be amended to allow farmworker housing; each easement contains its applicable restrictions. For the purposes of this section, "conservation easement" does not include Williamson Act contracts.
(c)
The development shall not be allowed if it would require the demolition of a historic structure that is listed on a national, State, or local historic register.
(d)
The site meets the siting criteria of the proposed financing source(s) for the project, including proximity to community amenities such as schools, shopping, and transit service.
Figure 13.10.631-1 Map of Unincorporated Area of Pajaro Valley within Development Reserve (See subsection (G)(3)(a) of this section)  A higher resolution map is available upon request from the Planning Department. |
(4)
Discretionary Approval. Projects proposed pursuant to this section are not subject to the Act and not required to obtain a license, but are required to obtain a discretionary conditional use permit and a site development permit (Level VII) from the County, with review by the Agricultural Policy Advisory Committee, Planning Commission, and approval by the Board of Supervisors.
(a)
Application Procedures.
(i)
Reservation for Units Pursuant to Development Reserve. In order to provide for orderly review and consideration of applications and to avoid duplication of effort for the same remaining unit capacity in the reserve, project sponsor (developer) shall submit a written request for a reservation of the desired number of ARFH units to the Planning Department (Department) with evidence of sponsor's qualifications as an affordable rental housing developer pursuant to this subsection (G) and evidence of property ownership, or if sponsor is not the property owner, evidence of site control such as a ground lease, or a letter of interest from the current owner of the proposed project site, and designation of developer as an agent of the owner. Upon review by the Department to determine that the sponsor is eligible and the site is eligible for an ARFH project pursuant to this subsection, the Department will issue the sponsor a reservation letter for the requested number of units, or for the number of units remaining in the development reserve, whichever is less. This reservation will preclude any other sponsor from reserving these same units for a period of up to nine months, to allow the sponsor adequate time to submit a complete application for the required land use approvals for the proposed project. Once the sponsor's application has been deemed complete by the Department, the reservation shall be extended by three years, or until any earlier date on which sponsor's ARFH project has been either approved or denied by the County, including applicable appeal periods. At the end of this reservation period, if the project was not approved, or if a lesser number of units was approved than the number reserved, the reservation for any unused units shall expire and become null and void, and other sponsors may request a reservation for those units. The Department Director shall be authorized to extend the three-year expiration date for good cause.
(ii)
All applications for permit approval of an ARFH project shall include the Department's reservation letter for at least the number of units proposed in the ARFH project as evidence that sufficient capacity remains in the Development Reserve for the proposed project, in order to be deemed complete. The ARFH project application shall otherwise meet all application requirements and follow all required Level VII procedures as set forth in the Zoning Code.
(iii)
Site Plan. Applications for an ARFH project shall include a site plan to define the proposed site area, interior circulation patterns within the ARFH project's site area, exterior site access through the remaining portion of the agricultural parcel to the first public road, fire access, infrastructure improvements, common area location and amenities, and location of other existing development on the parcel(s) on which the project is proposed.
(5)
ARFH projects are deemed an agricultural land use and are not subject to the residential density limitations of the General Plan or SCCC, including Chapter 13.14 SCCC.
(6)
ARFH projects are subject to CEQA review and may be considered for any exemptions available in the Public Resources Code that are applicable to the proposed project.
(7)
Water and Sanitation Permits. ARFH projects not connected to community sewer or water shall obtain required County permits for proposed well water and/or septic systems pursuant to Chapter 7.38, 7.70, 7.71 and 7.73 SCCC as applicable. EHA projects on well water that meet the definition of a public drinking water system shall comply with State Water Resources Control Board standards.
(8)
Development Standards. ARFH projects shall comply with the development standards below. For the purposes of this section, "site area" shall be defined as that portion of the property designated on the proposed site plan to be the development envelope for the ARFH project and to be controlled by the sponsor upon completion of the project, and not the entire agricultural parcel(s) on which the project is proposed to be located. The site area of an ARFH project shall be at least one acre and not more than five acres, unless an exception to this requirement is granted as part of the development permit for reasons such as unusual topography or the need for a lengthy access road across the parcel. ARFH projects shall comply with development standards of the CA and A zone districts applicable to agricultural uses as provided in SCCC § 13.10.313, as well as the additional standards and criteria provided below.
(a)
Density Limitations. ARFH projects proposed in agricultural zones may be developed at a density of up to 30 units per acre contained within the proposed site area.
(b)
Unit Size. The maximum habitable floor area for a dwelling unit in an ARFH project shall not exceed the following, measured in square feet (SF), unless the guidelines of a proposed public funding source of the project require a slightly larger unit size, in which case the requirements of that funding source shall prevail:
Table 13.10.631-3: Maximum Habitable Floor Area for ARFH Projects | |
|---|---|
Unit Size | Maximum Floor Area |
Studio or 1 bedroom | 640 SF |
2 bedrooms | 800 SF |
3 bedrooms | 1,200 SF |
4 or more bedrooms | 1,400 SF |
(c)
Height. Structures shall be limited to a height of 35 feet measured from the preconstruction natural grade and up to three stories, exclusive of subsurface parking. Modifications of these standards may be approved based on unique site and design factors and/or feasibility constraints or requirements associated with the project's proposed public sector funding sources.
(d)
Parking. ARFH projects shall comply with the parking standards and exception procedures provided in subsection (D)(2)(e) of this section.
(e)
Siting. ARFH projects shall be sited on the parcel, to the extent feasible, to avoid placing units or structures on prime agricultural land or other productive soils, and to avoid or minimize exposure of occupants to hazards associated with agricultural operations on the site or adjacent properties. As an agricultural use, ARFH projects are not subject to SCCC § 16.50.095, Agricultural buffer setbacks.
(i)
Minimize Disturbance. To the extent feasible, ARFH projects shall be sited on the least agriculturally viable portion of the original agricultural parcel or in such a way as to disturb the least amount of productive farmland. Depending on the site, this may be achieved by siting the ARFH project near existing development on the parcel, using existing site access, and minimizing the use of paving materials or other impervious surfacing to the minimum necessary to accommodate the ARFH project.
(ii)
Buffers. Residential structures within an ARFH project shall be sited at least 100 feet from any active agricultural operations on the subject parcel or adjacent parcels, including areas subject to machine cultivation or pesticide application, measured in a straight line from the exterior wall of the residential structure to the nearest cultivated crops or orchards or other areas subject to agricultural operations. If a 100-foot buffer is not feasible in one or more directions, upon a recommendation from the Agricultural Policy Advisory Commission, the approving body may approve a lesser distance provided that fencing, vegetative screening, HVAC systems, noise-mitigating windows, or other buffering techniques are used to mitigate any nuisance or health and safety hazards due to the agricultural operations that might impact the occupants of the ARFH project. If any State laws, codes, or requirements provide an alternate means of protecting the occupants from agricultural hazards likely to be present on the property, or otherwise preempt this requirement, such other requirement shall prevail. Housing structures shall not be located within 75 feet of any livestock barns, pens or similar quarters of livestock or poultry.
(f)
Setbacks from Non-Agricultural Properties. If any portion of the site area of the ARFH project abuts or is within 30 feet of any property that is zoned for residential or commercial uses, any structures within the ARFH project shall be set back at least 20 feet from the property line of the adjoining non-agricultural parcel. If the adjoining property includes areas in active agricultural operations, the larger buffer required pursuant to subsection (G)(8)(e) of this section shall prevail. ARFH projects shall be designed so as to minimize excessive shading of any existing residential or commercial structures on an adjacent property, such as by stepping back upper stories if necessary. Applicant may provide a shading study to illustrate extent of shading caused by the proposed structures.
(g)
Maintain standard riparian setback but eliminate 10-foot additional riparian construction buffer.
(h)
Developments shall encourage energy and water efficiency and environmentally sensitive design and building materials.
(H)
Streamlined EHA Projects.
(1)
Eligibility for Streamlined Review. Streamlined EHA projects as defined herein may be approved by the County through a streamlined, ministerial process pursuant to Section 17021.8 of the Act, not subject to a conditional use permit or CEQA review, if the project meets all of the following requirements:
(a)
The proposed project is located on land zoned for primarily agricultural uses (CA or A, with or without P combining zone);
(b)
The property on which the streamlined EHA project is located shall be either within one-half mile of a designated collector road with an average daily trips (ADT) of 6,000 or greater; or adjacent to a designated collector road with an ADT of 2,000 or greater. If ADT data for the nearest collector road to the site is not available, applicant may conduct a traffic study to obtain such data and include it with the project application;
(c)
The proposed project site is not located on a site that is any of the following, each as further defined in EHA Section 17021.8:
(i)
Within the Coastal Zone;
(ii)
Wetlands as defined by the U.S. Fish and Wildlife Service;
(iii)
Within a very high or high fire hazard severity zone as defined by the State;
(iv)
A State-designated hazardous waste site, unless the Department of Toxic Substances Control has cleared the site for residential use or residential mixed uses;
(v)
Within a delineated earthquake fault zone, unless the development complies with applicable State and local seismic protection building code standards;
(vi)
Within a floodplain, unless the development has been issued a floodplain development permit pursuant to Part 59 (commencing with Section 59.1) and Part 60 (commencing with Section 60.1) of Subchapter B of Chapter I of Title 44 of the Code of Federal Regulations and Chapter 16.13 SCCC, Floodplain Regulations;
(vii)
Within a floodway;
(viii)
Lands identified for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan;
(ix)
Lands under conservation easement, not including Williamson Act contracts; or
(x)
Lands with groundwater levels within five feet of the soil surface, if the development would be served by an on-site wastewater disposal system serving more than six housing units for families or households; and
(d)
The application demonstrates that the proposed streamlined EHA project meets the following requirements:
(i)
It does not contain dormitory-style housing (group quarters, barracks, etc.);
(ii)
It includes no more than 36 dwelling units, manufactured/mobile homes, or recreational vehicles, or spaces for manufactured/mobile homes or recreational vehicles;
(iii)
It will be managed and operated by a qualified affordable housing organization (QAHO) certified by HCD or a local public housing agency, and that agency either directly maintains and operates the streamlined EHA project, or contracts with another QAHO that has been certified by HCD to manage the project. Applicant shall provide a copy of the QAHO's HCD certification or documentation of the local public housing agency's role in the project, as applicable, in the project's application for streamlined review;
(iv)
The applicant for a streamlined EHA project shall sign and submit with the project application an affordability covenant in a form provided by the County to ensure the affordability of the streamlined EHA project for at least 35 years, and agree to its recordation by the County prior to issuance of building permits for the project. For purposes of this subsection, "affordability" means the housing within the streamlined EHA project will be rented or made available at an affordable rent, as defined in California Health and Safety Code (HSC) Section 50053, to lower-income households, as defined in HSC Section 50079.5 and in SCCC § 17.10.020, and that the units will be made available to and occupied by farmworker households, not including H-2A workers, for the duration of the term; and
(v)
The project is not being developed to provide housing for H-2A workers, as that term is defined in HSC Section 50205. The applicant shall document compliance with this requirement by providing either a marketing plan showing how the project's units will be marketed to prospective farmworkers and/or the applicant's own agricultural employees, or other proof that the units will be occupied by income-eligible farmworker households, not H-2A workers.
(2)
Development Standards for Streamlined EHA Projects.
(a)
Streamlined EHA projects shall include adequate water supply, wastewater facilities, and dry utilities to serve the project, as follows:
(i)
Dwelling units shall be connected to an existing public water system that has not been identified as failing or being at risk of failing to provide an adequate supply of safe drinking water; and
(ii)
Projects of 10 or more units shall connect units to an existing municipal sewer system with adequate capacity to serve the project, or to an on-site wastewater treatment system approved by the Environmental Health Services Division of the County Health Services Agency.
(b)
The streamlined EHA project shall meet the density, parking and other development standards provided in subsection (G)(8) of this section. Streamlined EHA projects may not include any land division or parcel map to create a new parcel for the project; however, a long-term ground lease of the project site may be recorded. Projects shall not be subject to the 12-unit limit specified in Section 17021.6 of the Act in order to constitute an agricultural land use for purposes of this section.
(c)
If the occupants of the streamlined EHA project would potentially be exposed to significant hazards from surrounding properties or activities, such as pesticide or herbicide exposure, the project shall be designed and/or managed so as to mitigate the effects of the potential exposure to a level of insignificance, in compliance with State and Federal requirements. Such mitigations, which may include buffering techniques described in subsection (G)(8)(e)(ii) of this section, will be required as conditions of site development permit approval.
(3)
Streamlined Review and Approval Procedures.
(a)
The County Planning Department and applicable reviewing agencies (e.g., fire, water, sanitation districts, Environmental Health) shall review an application for a streamlined EHA project within 30 days to determine whether it meets the eligibility requirements and standards described above. If the County determines it does not meet any of them, it will provide the applicant with a written list of which requirement(s) the development does not meet, and explanation of why it does not meet them, within 30 days of receipt of the streamlined EHA project application. Applicant may submit additional and/or revised materials to address the inadequacies noted in the County's letter within 90 days of original submittal in order to keep the application active.
(b)
If the County fails to provide the required response letter within 30 days, the development shall be deemed to satisfy the eligibility requirements and standards for a streamlined EHA project.
(c)
Applications that have been determined complete and eligible for further review by the Planning Department, and those for which no response letter was provided within the 30-day review period, shall be forwarded to the Planning Commission for a development review and public oversight of the streamlined EHA project compliant with Section 17021.8 of the Act. This review process shall be completed within 90 days of the application submittal, and shall not in any way inhibit, chill, or preclude the ministerial use approval provided by this section or its effect, as applicable. This review shall consist of confirmation that the streamlined EHA project meets the eligibility criteria and development standards provided herein, and confirmation of the appropriateness of the conditions of approval of a site development permit, consistent with Section 17021.8 of the Act.
(d)
Review and approval of a streamlined EHA project is a ministerial action not subject to the California Environmental Quality Act, pursuant to Section 17021.8 of the Act and Public Resources Code Section 21080(b)(1).
(e)
An applicant for a streamlined EHA project shall obtain all required ministerial permits for the project as listed in subsection (D)(1) of this section, including but not limited to a license from the Enforcement Agency, prior to commencement of construction.
(f)
Streamlined EHA projects are subject to the enforcement provisions of subsection (D)(3) of this section, and to the enforcement and violation provisions of the Act.
(g)
Streamlined EHA projects shall be subject to fees and other exactions authorized by law which may be imposed by the County and/or other reviewing agencies to provide necessary public services and facilities to the streamlined EHA project. Such fees and/or exactions shall be included as conditions of project approval, and payment shall be due at time of building permit issuance, or as otherwise specified in the County fee schedule or by the fee-imposing special district or agency.
(h)
Streamlined EHA projects shall comply with the applicable development standards included in subsection (H)(2)(b) of this section, and conditions of approval of a site development permit consistent with the requirements of Section 17021.8 of the Act.
(i)
The County may only disapprove a streamlined EHA project if, as proposed, it would have a specific, adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact without rendering the project unaffordable to lower-income households, or rendering it financially infeasible. A "specific, adverse impact" means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete.
(j)
The County may disapprove a streamlined EHA project if that project would be in violation of any applicable State or Federal law.
(k)
The applicant for a streamlined EHA project shall comply with any other laws, including, but not limited to, Federal and State clean water laws.
(Ord. 5321 § 2, 2019; Ord. 5423 § 24, 2022)
13.10.632 Agricultural processing.
(A)
Purpose. The purpose of the agricultural processing section is to provide standards for the handling, processing, packing, packaging, storage, refrigeration, and distribution of agricultural products.
(B)
Standards.
(1)
Origin of Products. Agricultural processing facilities shall process, package, and distribute agricultural products grown primarily in Santa Cruz County or adjoining counties. This does not preclude the importation of agricultural commodities produced in non-adjoining counties in order to maintain a consistent production schedule or stock.
(2)
Conserving Farmland. To the maximum extent feasible, agricultural processing facilities shall be located on the non-productive portions of the property or on that portion of the property that is least productive for agricultural purposes. Development shall be sited and designed to cluster development, minimize the development of new or expanded site access, and minimize use of impervious or semi-pervious materials on Type 1—3 soils with the potential to impact underlying soils. Technical reports may be required to demonstrate conservation of farmland to the maximum extent feasible.
(3)
Existing Agricultural Operations. The uses, structures, and improvements shall be sited so as to minimize conflicts with existing on- and off-site agricultural operations.
(4)
Off-Site Impacts. New agricultural processing facilities shall be sited to minimize impacts to off-site residential uses. Noise, odor, lighting, or traffic that is offensive to any person of ordinary sensitivities within their place of residence shall be considered an impact.
(5)
Visual Impacts. Mitigations shall be required for any potentially significant adverse visual impacts of facilities greater than 5,000 square feet that will be located within visual resource areas as described in the County General Plan and Local Coastal Program. Mitigations may include such measures as vegetative screening or other landscaping, use of materials which produce less glare, elevated topography, and/or arrangement of structures on the site to minimize bulky appearance.
(6)
Building orientation, doors, fenestration, and other applicable building features shall be designed to minimize potential exposure of building occupants to agricultural chemicals, dust, and noise.
(7)
Proposed facilities with a total building footprint exceeding 10,000 square feet shall locate as much of the total floor area on a second story as is feasible.
(8)
Parking. On-site parking shall be provided consistent with the County's parking standards for manufacturing plants (Chapter 13.16 SCCC), except that the number of parking spaces required may be reduced without a parking variance or alternate surfacing materials may be allowed by the approving body in order to preserve agricultural land, if the approving body finds that parking will be adequate for the use and the surfacing will be installed and maintained in a manner that will prevent erosion.
(9)
Special Findings for Agricultural Processing Facilities on CA Zoned Land. The special findings provided in SCCC § 13.10.313(E) for a total development area exceeding 35,000 square feet applies to agricultural processing facilities located on Type 1—3 soils.
(Ord. 3432 § 1, 1983; Ord. 3768 § 1, 1986; Ord. 5423 § 24, 2022)
13.10.633 Agri-tourism and education.
(A)
Purposes. The purpose of the agri-tourism and education regulations is to allow for parcels with a primary use of agriculture to carry on income-producing activities including, but not limited to, marketing of products grown on site, farm dinners, educational activities, classes, workshops, tours, mazes, and petting zoos.
(B)
Standards.
(1)
Agri-tourism and educational activities shall be ancillary to the principal agricultural use of the parcel.
(2)
Agri-tourism and educational activities shall be sited in a manner that minimizes disturbance of prime agricultural soils, with the exception of farm dinners, where the use may include temporary location of tables, chairs, and associated furniture and appliances on prime agricultural soils for the duration of the farm dinner.
(3)
To the maximum extent feasible, structures shall be located on the non-productive portions of the property, or on that portion of the property that is least productive for agricultural purposes. Technical reports may be required to support the proposed location(s) of facilities or improvements. In addition, structures or outdoor gathering areas associated with the activity shall be sited so as to minimize conflict with existing agricultural operations. Prohibited interference includes, but is not limited to, blocking access to farm roads, fields, or outbuildings, or locating activities in close proximity to areas where impacts of odor, dust, noise, or safety hazards may be a concern to event participants.
(4)
Agri-tourism and educational activities shall promote Santa Cruz County and/or Pajaro Valley agricultural products.
(5)
All requirements of the County Environmental Health Services Division, the Sheriff's Office, the Highway Patrol, and applicable Fire District shall be met.
(6)
All signage shall comply with the requirements in SCCC § 13.10.580.
(7)
Agri-tourism events that require a use permit pursuant to SCCC § 13.10.312(D) shall meet the following additional standards:
(a)
The maximum number of guests per event and the maximum number of annual events allowed shall be stated in the conditions of approval, and shall be based on factors including, but not limited to, parking availability, safety and adequacy of vehicular access, septic capacity, maximum building occupancy, site conditions, and neighborhood compatibility.
(b)
Limitations on amplified music and event hours shall be included as conditions of approval of the use permit based on the individual characteristics of the site, consistent with the General Plan Noise Element and Chapter 13.15 SCCC.
(Ord. 3432 § 1, 1983; Ord. 3768 § 2, 1986; Ord. 3787-C § 3, 1986; Ord. 5423 § 24, 2022)
13.10.634 Agriculture within structures.
(A)
Mushroom Plants. The following regulations shall apply in all cases for the maintenance of mushroom plants:
(1)
All manure of every kind stored or used on the premises shall immediately upon receipt and thereafter be sprayed, as determined to be necessary by the Environmental Health Service, with sufficient disinfectants and chemicals to prevent the accumulation or spreading of flies and offensive odors.
(Ord. 3432 § 1, 1983)
13.10.635 Storage of agricultural equipment or supplies.
(A)
Permit Requirements.
(1)
Where the total development area for storage of agricultural equipment or supplies exceeds 12,000 square feet, and is located off Type 1—3 agricultural resource soils, a minor use permit (MUP) shall be required.
(2)
Where the total development area for storage of equipment or supplies exceeds 12,000 square feet and is located on agricultural resources soils on CA zoned land, a conditional use permit shall be required.
(3)
For storage sites that exceed 12,000 square feet, are located on agricultural resources soils, and serve multiple parcels, an agricultural storage master plan shall be required.
(4)
Storage areas that exceed 35,000 square feet on CA zoned land that are located on agricultural resource soils are permitted only on sites that serve multiple farmed parcels, and an agricultural storage master plan shall be required.
(B)
Standards. The following standards shall apply for storage of agricultural equipment or supplies:
(1)
The development area is sited off agricultural resource soils where possible. Where this is not possible, the development area is sited on the least agriculturally viable portions of the parcel and is sited to minimize any conflict with primary agricultural activities on and off site such as crop production. Technical reports may be required to support the proposed location(s) of agricultural storage facilities.
(2)
Storage of agricultural equipment or supplies shall be ancillary to the principal agricultural use of the subject property, or of properties owned or leased by the operator as governed by an approved agricultural storage master plan.
(3)
The development area is limited to the minimum necessary to meet the agricultural storage needs of the grower or operator.
(4)
On CA zoned land, the use of impermeable or semi-permeable surface material that may affect the long-term viability of the underlying soil is minimized to the greatest extent feasible.
(5)
The agricultural storage is clustered with existing farm buildings and site development to the extent consistent with subsection (B)(1) of this section and appropriate to the intended use.
(6)
On parcels zoned Agriculture (A), the storage location minimizes conflict with any residential use on adjacent parcels.
(7)
Visual impact on designated scenic roads, beaches, or recreation facilities shall be minimized by measures such as locating agricultural storage structures and operations among existing groups of structures, using materials and colors which blend with existing buildings or the environment, and/or using design and landscaping to screen and soften the appearance of structures and equipment.
(C)
Findings Required. In addition to the criteria in subsection (B) of this section, the following additional findings are required for approval of a conditional use permit for storage areas exceeding 12,000 square feet on Type 1—3 agricultural resource soils on CA zoned land (see SCCC § 13.10.313(E) for additional findings for development areas exceeding 35,000 square feet):
(1)
There is no feasible site available on the parcel, or on another parcel owned or leased by the applicant, that is located off of Type 1—3 soils and that could accommodate the intended agricultural storage use. Technical studies may be required evaluating other potential storage locations located off Type 1—3 soils; and
(2)
There are no feasible alternatives for site design, surfacing materials, or other measures available to accommodate the proposed use that would reduce the total development area on Type 1—3 soils below 12,000 square feet and reduce impacts to agricultural soils.
(D)
Conditions of Approval for Agricultural Storage Master Plans Serving Multiple Parcels. For a storage site serving multiple parcels, the applicant shall provide a list of parcels served by the master storage site, and provide an updated list annually to the Planning Department staff to the Agricultural Policy Advisory Commission. Conditions of approval for the master storage plan may include limiting agricultural storage areas on other parcels served by the master storage site, a requirement to protect agricultural resource soils on the subject parcel and on other parcels served by the master storage site for long-term farming use through easements or other mechanisms, a requirement to restore the agricultural land to productive use when the site is no longer used for agricultural storage, or other conditions as appropriate to protect agricultural land.
(Ord. 4821 § 3, 2006; Ord. 5423 § 24, 2022)
13.10.636 Greenhouses and hoop houses.
(A)
New Greenhouse Development. New greenhouses and hoop houses over 500 square feet in area, where allowed pursuant to a building or discretionary permit in the basic zone district, shall be developed and maintained to the following standards:
(1)
Mitigations or project modifications shall be required for any potentially significant adverse visual impacts of greenhouses that will be visible from designated scenic roads, beaches, or recreation facilities. Mitigations may include such measures as vegetative screening or other landscaping, materials that produce less glare, berming, and/or arrangement of structures on the site to minimize bulky appearance. Greenhouses shall not be located where they would block public ocean views. Mitigations shall be compatible with light and ventilation needs of the greenhouse operations.
(2)
Storm water runoff shall be retained and percolated/infiltrated on site so that natural runoff rates are not exceeded, in compliance with State requirements and County design criteria.
(3)
Discarded greenhouse coverings shall be disposed of promptly according to plans submitted by the applicant and shall be recycled if feasible.
(4)
On-site parking shall be provided commensurate with the need created by the proposed greenhouse use.
(5)
The removal of indigenous prime farmland soil used as a growing medium for container plants that are sold intact is prohibited.
(6)
Flooring or impervious surfacing or other material such as baserock or gravel within the greenhouse structure that impairs long-term soil capabilities shall be limited to the minimum area needed for access, loading, and storage. The use of long-term sterilizing agents under impervious surfacing shall not be allowed.
(7)
Greenhouse structures shall be designed to maximize energy efficiency and to use alternative energy sources, where feasible.
(8)
Open ventilation shall be provided, when feasible. When exhaust fans are shown to be necessary, the fans should be located away from nonagricultural land uses and should maximize energy efficiency and shall include odor-reduction measures as warranted by crop type.
(9)
Irrigation systems shall be water conserving.
(B)
Conforming Greenhouse Replacement. The following conditions must be met in order for an existing conforming greenhouse to be reconstructed, replaced or structurally altered without prior approval of a discretionary use permit:
(1)
The new or altered greenhouse must conform to the existing setbacks and height limits of the zone district.
(2)
The project must be accompanied by plans, which may be prepared by the applicant, for drainage, screening of outdoor storage, and adequate on-site parking relative to the proposed use.
(3)
Discarded greenhouse coverings must be disposed of promptly according to plans submitted by the applicant and shall be recycled if feasible.
(C)
Nonconforming Greenhouse or Hoop House Replacement. The following standards must be met prior to issuance of a building permit for reconstruction or replacement of a nonconforming greenhouse or hoop house:
(1)
The reconstructed or replaced greenhouse shall cover an area no larger than that of the original greenhouse.
(2)
The reconstructed or replaced greenhouse shall be no higher than 22 feet and in no case obstruct the existing solar access for habitable structures or agricultural uses on adjoining properties.
(3)
The project shall be accompanied by plans, which may be prepared by the applicant, for drainage, for screening of any outdoor storage, and for adequate on-site parking relative to the proposed use.
(4)
Discarded greenhouse coverings shall be disposed of promptly according to plans submitted by the applicant and shall be recycled if feasible.
(Ord. 3432 § 1, 1983; Ord. 5423 § 24, 2022)
13.10.637 Wineries, breweries, and distilleries in the RR, RA, CA, and A Zone Districts.
(A)
Application of Section. The regulations provided herein shall apply to all uses and structures that meet the definition of wineries, breweries, or distilleries pursuant to SCCC § 13.10.700-W, 13.10.700-B, and 13.10.700-D in the RA, RR, CA, and A Zone Districts. Similar uses may be considered under this chapter at the discretion of the Planning Director.
(B)
Operational standards for small, medium, and large wineries, breweries, and distilleries are shown in the following table:
Table 13.10.637-1: Operational Standards for Wineries, Breweries, and Distilleries | |||
|---|---|---|---|
Small | Medium | Large | |
Annual Wine/Distilled Spirit Production (gallons) | 10,000 gallons or less | >10,000—30,000 gallons | >30,000 gallons |
Annual Beer Production (barrels) | 3,000 barrels or less | >3,000—6,000 barrels | >6,000 barrels |
Structure size | On RA, RR, A, and CA: The combined floor area of all facility structures shall not exceed 10,000 sq. ft. with a minor site development permit. Facility structure size may be exceeded with conditional site development permit. | On RA, RR, A, and CA: The combined floor area of all facility structures shall not exceed 15,000 sq. ft. with an administrative site development permit. Facility structure size may be exceeded with a conditional site development permit. | On A and CA: The combined floor area of all facility structures shall not exceed 18,000 sq. ft. with a conditional site development permit. Facility structure size may be exceeded with Planning Commission approval. |
Food/Kitchens | Food may be served in association with an event or tasting only. A catering kitchen, not to exceed 300 sq. ft., shall be permitted. Food service separate from events or tastings requires approval of a permit for a restaurant or brewpub, and is allowed in Commercial Zone Districts only. | Food may be served in association with an event or tasting only. A catering kitchen, not to exceed 300 sq. ft, shall be permitted. Food service separate from events or tastings requires approval of a permit for a restaurant or brewpub, and is allowed in Commercial Zone Districts only. | Food may be served in association with an event or tasting only. Commercial kitchens for on-site food preparation shall be permitted as ancillary to wine or beer production. Food service separate from events or tastings requires a permit for a restaurant or brewpub, and is allowed in Commercial Zone Districts only. |
Agricultural Production | On CA zoned land: The winery or beer manufacturing facility shall be ancillary to the principal agricultural use of the parcel or site, which may include wine grapes, hops, or other agricultural crops. | ||
Sales | Sales of food and beverage products other than wine or beer that are grown on the premises shall be permitted pursuant to a Class B Cottage Food Permit (AB1616) and the appropriate ABC license. Ancillary retail products for marketing purposes may be sold. | ||
Hours of Operation | Facilities on RA, RR, or A parcels located within 500 feet of a parcel with a residential use: Outdoor production operations, excluding farming, limited to the hours of 7:00 a.m. to 7:00 p.m. Hours of production do not apply during harvest season. Production hours may be exceeded with an administrative use permit, in consideration of the proximity of residential uses and other noise-sensitive land uses. | ||
Tasting Room Hours | Within the RA or RR Zone Districts or within 500 feet of a parcel with a residential use: Monday—Sunday, 11:00 a.m.—6:00 p.m. All other sites: Monday—Sunday, 11:00 a.m.—8:00 p.m. Extended hours at all sites may be considered subject to a conditional use permit. | ||
Tasting Room Area | The floor area of an attached or detached tasting room shall be determined by the use permit, as appropriate to the maximum number of guests allowed. | ||
Music | Indoors: amplified music and acoustic music are permitted during indoor tastings and events. Outdoors: Acoustic music is permitted during outdoor events. Amplified outdoor music may be considered with an "amplified music permit," a noticed administrative permit, where appropriate considering specific site conditions including proximity to noise-sensitive uses. The applicant may be required to submit an acoustic study and other documentation demonstrating that noise levels will be in accordance with the General Plan Noise Element and Chapter 13.15 SCCC. | ||
Indoor Events | In the RA and RR zone district or within 500 feet of a parcel with a residential use: Indoor marketing events (such as wine classes and wine pairings) are permitted Monday—Sunday, 11:00 a.m.—6:00 p.m. All other zone districts: Indoor events are permitted Monday—Sunday, 11:00 a.m.—9:00 p.m. Alternative hours may be considered subject to approval of a conditional use permit, considering the proximity of residential uses and other noise-sensitive noise receptors. | ||
Small Outdoor Marketing Events | On parcels within the RA or RR Zone District or within 500 feet from the property line of a parcel with a residential use: Outdoor marketing events such as tastings and tours are permitted from 11:00 a.m. to 6:00 p.m. The maximum number of guests permitted at events will be determined by the use permit for the facility, up to a maximum of 25 guests per event. Events with up to 50 guests may be considered with approval of a conditional use permit. At other sites: Outdoor marketing events such as tastings are permitted from 11:00 a.m. to 6:00 p.m. The maximum number of guests permitted at events will be determined by the use permit for the facility, up to a maximum of 50 guests per event. | ||
Large Outdoor Marketing Events (More Than 50 Guests) | 10 marketing events annually for a small facility, limited to the hours of 11:00 a.m. to 9:00 p.m. Additional events may be considered with a conditional use permit. | 15 marketing events annually for a medium facility, limited to the hours of 11 a.m. to 9:00 p.m. Additional events may be considered with a conditional use permit. | 15 marketing events annually for a large facility, limited to the hours of 11:00 a.m. to 9:00 p.m. Additional events may be considered with a conditional use permit. |
Maximum Number of Guests Permitted at Events | The maximum number of guests permitted at indoor and outdoor events will be determined by the use permit for the facility, considering site characteristics such as road access, tasting room capacity, parking, proximity to adjacent residential uses, topography and other physical characteristics that affect noise, and the capacity of the sewage disposal system. The conditions of approval shall state the maximum number of persons allowed at indoor, small outdoor, and large outdoor events. | ||
Weddings and Similar Celebrations | Weddings and similar celebrations in the RA, RR, CA, and A Zone Districts require a conditional use permit in accordance with SCCC § 13.10.615. | ||
(C)
Development and Design Standards for Wineries, Breweries, and Distilleries.
(1)
Design Review. The requirements in Chapter 13.11 SCCC (Site Development and Design) shall apply to all new development, including the establishment of a new facility or a structural addition or improvement over 500 square feet in size.
(2)
Site Configuration. The site shall be designed to buffer areas intended for outdoor use from surrounding residential properties. Buildings are encouraged to be used as the primary buffer; however, other buffering methods may be utilized. Technical studies may be required to confirm compliance with the noise standards provided in the General Plan.
(3)
Visual Impacts. Mitigations shall be required for any potentially significant adverse visual impacts of facilities greater than 5,000 square feet that will be located within visual resource areas as described in the County General Plan and Local Coastal Program. Mitigations may include such measures as vegetative screening or other landscaping, use of materials which produce less glare, elevated topography, and/or arrangement of structures on the site to minimize bulky appearance.
(4)
Parking. Parking lot design is subject to the regulations of Chapter 13.16 SCCC. The discretionary permit may modify the number of parking spaces based upon use and site characteristics without a variance, or may require that the parking area be surfaced with a material that does not impair the long-term viability of agricultural resource soils.
(5)
Additional Standards for Facilities Located on CA Zoned Land.
(a)
Operations shall be sited, sized, and designed to minimize the removal of Type 1—3 agricultural soils from production or potential production to the greatest extent feasible, and shall be located off Type 1—3 soils when possible. The use of paving or other impermeable or semi-permeable materials such as baserock or gravel with the potential to impact underlying agricultural soils shall be minimized and shall be located off Type 1—3 soils to the greatest extent feasible.
(b)
Proposed facilities with a total building footprint exceeding 10,000 square feet shall locate as much of the total floor area on a second story as is feasible.
(c)
The uses, structures, and improvements shall be sited so as to minimize conflicts with existing agricultural operations.
(d)
For facilities on CA zoned land, the total development area shall not exceed 35,000 square feet.
(D)
Signs for Wineries, Breweries, and Distilleries.
(1)
Allowed Signs in All Zone Districts Where Use Permitted. One non-illuminated business identification sign not exceeding 12 square feet is allowed with a building permit as provided by County building codes. No discretionary permit is required.
(2)
Discretionary Signs on Parcels Zoned A, CA, or RA. Signage consistent with criteria provided in SCCC § 13.10.581 may be considered with approval of minor site development permit, or as part of the permit approval for the wine or beer manufacturing facility, subject to the following exceptions:
(a)
Illumination. Direct illumination shall not be allowed. Indirect illumination shall be low-intensity and directed away from neighboring property. Sign illumination is permitted only during operational hours. Sign illumination is not permitted in designated scenic corridors.
(b)
Size. No individual sign shall exceed 30 square feet.
(3)
Additional Finding for Discretionary Signs. The following additional finding is required for discretionary sign approval: The signage is architecturally and aesthetically compatible with the surrounding neighborhood, environmental setting, and associated buildings; does not create visual clutter; does not adversely impact coastal visual resources or viewsheds within scenic corridors; and, if lighted, avoids undue incidental illumination away from the signage.
(E)
Overnight Accommodation. The following types of overnight tourism accommodations may be permitted as ancillary to wine or beer manufacturing facilities:
(1)
A bed and breakfast inn appurtenant to a winery or beer manufacturing facility may be authorized by administrative use permit where allowed in the zone district. A bed and breakfast inn shall be situated within the primary residence on the subject property, and shall comply with SCCC § 13.10.691.
(2)
Agricultural Farmstays. Uses classified as agricultural farmstays that are associated with a winery or beer manufacturing facility may be permitted pursuant to the requirements of SCCC § 13.10.312(C) and § 13.10.641.
(Ord. 3632 § 17, 1985; Ord. 5423 § 24, 2022)
13.10.638 Agricultural service establishments.
(A)
Purposes. The purpose of regulations for agricultural service establishments are:
(1)
To allow persons to conduct commercial agricultural support activities within the (CA) Commercial Agriculture and (A) Agriculture zone districts.
(2)
To protect nearby agricultural and residential properties from the potential adverse effects of the allowed activity by not allowing agricultural service establishments that would generate excessive traffic, create conflicts with other land uses, or adversely impact adjacent agricultural activities.
(B)
Standards for Agricultural Service Establishments.
(1)
On parcels within the CA zone district, agricultural service establishments shall be ancillary either to the principal agricultural use of the subject parcel(s) or ancillary to the commercial agricultural use of parcels owned or leased by the applicant. On CA parcels, the development area for agricultural service establishments shall not exceed 10,000 square feet.
(2)
Farmland Conservation. To the maximum extent feasible, facilities shall be located on the non-productive portions of the property, or on that portion of the property that is least productive for agricultural purposes. Technical studies may be required to ensure that the long-term agricultural viability of the soils is not adversely impacted by the proposed development. The development shall also be sited to minimize any conflict with primary agricultural activities on and off site such as crop production.
(3)
Parking shall comply with Chapter 13.16 SCCC, except that the number of parking spaces required may be reduced without a parking variance or alternate surfacing materials may be allowed or required by the approving body in order to preserve agricultural land, if the approving body finds that parking will be adequate for the use and the surfacing will be installed and maintained in a manner that will prevent erosion.
(4)
Visual Resources.
(a)
Where agricultural service structures exceed 5,000 square feet in floor area, the visual impact on designated scenic roads, beaches, or recreation facilities shall be minimized by measures such as locating structures among existing groups of structures, using materials and colors which blend with existing buildings or the environment, and/or using design and landscaping to screen or soften the appearance of structures or to invoke historic architecture.
(b)
Outdoor display of retail products associated with agricultural service establishments may be located in view of publicly maintained, non-scenic roads, but shall be scaled and designed to minimize visual intrusion and impacts to neighborhood character along scenic roads and non-public roads.
(c)
Service yards and outdoor storage associated with agricultural service establishments shall be screened from public and private view through such measures as placement behind buildings, use of landscaping and topographic relief, and visually compatible fencing.
(5)
Signs shall be consistent with SCCC § 13.10.580.
(6)
On any parcel within 200 feet of any residential use, hours of operation exceeding Monday through Friday, 8:30 a.m. to 5:30 p.m., and Saturday 9:00 a.m. to 5:00 p.m. shall require a conditional use permit.
(Ord. 3768 § 3, 1986; Ord. 5423 § 24, 2022)
13.10.639 Outdoor container-grown crops.
(A)
Purpose. The purpose of this section is to allow production of outdoor container-grown crops while protecting the long-term viability of agricultural soils.
(B)
Criteria. All operations that grow crops above ground in containers on parcels within the Agriculture (A) and Commercial Agriculture (CA) Zone Districts shall comply with the following requirements. Technical studies may be required to ensure compliance with the standards:
(1)
Inorganic materials, such as baserock, gravel, or builder's sand, shall not be used as a surface for container placement or associated staging facilities unless it can be shown that the materials can later be removed without adversely impacting the underlying soils.
(2)
Permanent impervious surfacing, such as cement and asphalt pavement, shall not be permitted as a platform for crop containers.
(3)
Impermanent impervious surfacing, such as tarps, may be permitted with an approved drainage system to control irrigation and stormwater runoff. The impermanent impervious surfacing shall not adversely impact the on-site soils or adjacent properties.
(4)
On-site soils shall not be used as the medium for container crops and shall not be removed from the site.
(Ord. 5423 § 24, 2022)
13.10.640 Temporary produce sales areas, produce stands, and produce markets.
(A)
The purpose of these regulations is to provide for and regulate the sale of farm commodities produced on-site, and also to allow the sale of related goods that promote agricultural products originating in Santa Cruz County and neighboring counties.
(B)
Definitions.
(1)
"Retail food law,"
for purposes of this chapter, means any chapter of any California Code regulating health and sanitation standards for retail food facilities. Retail food law shall be administered and enforced by County of Santa Cruz Environmental Health Services, unless another agency is specifically identified by law.
(C)
General Standards. The following general standards shall apply to all produce sales areas, stands, and markets regulated by this chapter:
(1)
One temporary produce sales area, one produce stand, or one produce market per site is allowed, subject to approval as set forth in SCCC § 13.10.312(D), Agricultural Uses Chart, and Chapter 13.11 SCCC.
(2)
A temporary produce sales area or produce stand shall be allowed only if:
(a)
It is located in the A (Agriculture), CA (Commercial Agriculture), TP (Timber Production), or SU (Special Use) Zoning District;
(b)
It is accessory to agricultural production on the same parcel;
(c)
At least 75 percent of the gross site area, that can be utilized for agricultural production, is devoted to agricultural production;
(d)
The entirety of any subject parcel is owned or leased by the produce area/stand proprietor; and
(e)
The floor area, excluding storage, shall not exceed 800 square feet. A larger floor area up to 1,600 square feet may be considered with an MUP or may be allowed if the building has a pre-existing commercial use which allowed for direct consumer services, including, but not limited to, wine tasting rooms, prepared food service, sales.
(3)
A produce market shall be allowed only if:
(a)
It is located in the A Zoning District;
(b)
It is accessory to agricultural production on the same site;
(c)
At least 75 percent of the gross site area is devoted to agricultural production;
(d)
The entirety of any subject parcel is owned or leased by the produce market proprietor; and
(e)
The floor area, excluding storage, does not exceed 1,800 square feet. A floor area of up to 3,600 square feet may be considered with approval of a CUP, where it can be demonstrated that a need for a market larger than 1,800 square feet exists, such as may be required for a larger agricultural operation.
(4)
The produce stand, produce market, and associated parking and circulation areas shall remove as little land as possible from agricultural production or potential production. To minimize disturbance to agricultural soils, all associated improvements shall be located off, or on the perimeter of, Type 1—3 soils to the maximum extent feasible. Stands and markets should be located at the front of the parcel in conjunction with roadway access, or clustered with the existing development on the site.
(5)
Safe ingress and egress from the site shall be provided.
(6)
Produce stands and produce markets may have a maximum of one double-faced free-standing sign and one sign attached to the structure, not including small, pedestrian-oriented price signs up to one-half square feet each placed with produce. No sign or face shall exceed 10 square feet. No illuminated signs or off-site signs shall be allowed. All signs shall be located outside the public right-of-way and shall not obstruct ingress, egress, or vehicular site distance.
(7)
The point of origin of each commodity sold at the produce stand or produce market, including the name of the farm and county where it was grown, shall be prominently displayed indoors, using legible lettering, preferably with produce price signs.
(8)
Produce stands and produce markets shall be subject to the laws and regulations administered by other County of Santa Cruz departments, as well as the requirements of other jurisdictional agencies such as the California Department of Food and Agriculture and California Department of Transportation.
(D)
Temporary Produce Sales Area. Temporary produce sales areas are subject to the following standards and requirements:
(1)
Three parking spaces shall be provided. Each parking space shall be at least eight and one-half feet by 18 feet in size, shall be located off, or on the perimeter, of good agricultural soils and shall not encroach upon any public rights-of-way or create a traffic hazard. Parking is not required to be paved unless specified by permit.
(2)
A temporary produce sales area may sell only raw, unprocessed fruits, vegetables, nuts, cut flowers, and other agricultural produce in its raw or natural state produced on land that the produce stand's proprietor controls. No other commodities may be sold from a temporary produce sales area.
(3)
A temporary produce sales area may only be open for up to 90 consecutive days per year to coincide with the harvest of the commodity. The applicant must obtain an administrative use permit to operate a produce stand if the produce sales area will be open for longer than 90 consecutive days in a year or if produce sales will be staggered (non-consecutive) due to differing harvest times.
(4)
During the time when the temporary produce sales area is closed, all signage pertaining to the produce sales area, the temporary structure, and all for-sale products shall be removed from view.
(E)
Produce Stands. Produce stands are permitted subject to the following standards and requirements along with any other requirements deemed necessary due to the size, configuration, and location of the site:
(1)
One off-street parking space shall be provided for each 400 square feet of gross floor area or a minimum of three parking spaces, whichever is greater. Each parking space shall be at least eight and one-half feet by 18 feet in size, shall be located off, or on the perimeter, of Type 1—3 agricultural soils, and shall not encroach upon any public rights-of-way or create a traffic hazard. Parking is not required to be paved unless specified by discretionary permit as appropriate to control dust or mud, or to prevent erosion and sedimentation.
(2)
A produce stand shall be used to sell primarily raw, unprocessed fruits, vegetables, eggs, honey, cut flowers, and other agricultural produce in its raw or natural state produced on land that the produce stand's proprietor controls.
(3)
Up to 15 percent of the area of the produce stand may be used for the sales of processed, pre-packaged, non-potentially hazardous foods, and other agricultural products, including, but not limited to, dried fruit, jams, jellies, fruit pies, soaps, essential oils, topical products and other items produced by the stand proprietor within the County. All processed agricultural products are subject to County use permit requirements for agricultural processing and any applicable retail food law.
(4)
Produce stands not in use for a period of three consecutive years shall be removed from the premises at the landowner's expense.
(5)
Cold storage shall not be included as part of the allowable produce stand size and may require a separate approval, pursuant to SCCC § 13.10.312 and Chapter 13.11 SCCC.
(6)
A produce stand may be open to the public up to seven days a week as long as the farm is producing agricultural products to be sold at a produce stand.
(F)
Produce Markets. Produce markets are subject to the following standards and requirements along with any other requirements deemed necessary due to the size, configuration, and location of the site:
(1)
One off-street parking space shall be provided for each 400 square feet of gross floor area with a minimum of three parking spaces. Each parking space shall be at least eight and one-half feet by 18 feet in size, shall be located off, or on the perimeter of, Type 1—3 agricultural soils and shall not encroach upon any public rights-of-way or create a traffic hazard. Surfacing materials for the parking spaces shall be specified by discretionary permit.
(2)
A produce market shall be used to sell primarily raw, unprocessed fruits, vegetables, eggs, honey, cut flowers, nursery plants or flowers, nuts, and other agricultural produce in its raw or natural state that have been grown in the County of Santa Cruz.
(3)
Up to 25 percent of the area of the produce market may be used for the display of processed, pre-packaged, non-potentially hazardous foods including, but not limited to, dried fruit, jams, jellies, and fruit pies. All processed foods are subject to any applicable retail food law and must be obtained from approved sources. Products may also be obtained from cottage food operations within the County of Santa Cruz.
(4)
Up to five percent of the display area may be used for sales of taxable items that advance the sale of agricultural products or educate the public about the agricultural industry.
(5)
Except as provided in subsection (F)(4) of this section, no taxable items may be sold at produce markets and the sale of petroleum products, alcoholic beverages, tobacco, or magazines is specifically prohibited.
(6)
Cold storage accessory to a produce market shall be located within or attached to the main structure and shall be used to store raw produce products and bottled water only for on-site sale. Cold storage facilities for wholesale agricultural commodities may require a separate site development permit pursuant to Chapter 13.11 SCCC.
(7)
A produce market may operate up to 365 days a year.
(Ord. 5423 § 24, 2022; Ord. 5479, 4/8/2025)
13.10.641 Agricultural farmstays/homestays.
(A)
Purpose. The purpose of these regulations is to allow for farmers in Santa Cruz County to market their produce to consumers, travelers, and tourists by providing the educational experience of staying on a farm.
(B)
Agricultural farmstays shall be allowed in the A and CA Zoning Districts according to the following criteria:
(1)
Guest rooms may be provided in the principal residence, in an accessory dwelling unit, or within a habitable accessory structure. A maximum of six guestrooms are allowed. Guest rooms are not permitted in barns, non-habitable structures, agricultural employee housing, or storage facilities. The farmstay shall be ancillary to the principal agricultural use on the parcel.
(2)
All California Building Code and Fire Code requirements, without limitation, shall be met.
(3)
All Health and Safety Code and Environmental Health regulations shall be met.
(4)
Parking requirements shall be established by the use permit. One identification sign, not directly illuminated, with a maximum size of 12 square feet may be displayed as provided by SCCC § 13.10.580. The words "hotel," "motel" or "bed and breakfast" shall not be allowed. The sign size, color, text, and location shall be specified as part of the use permit.
(5)
Either a farmstay or bed and breakfast is allowed. Both a farmstay and bed and breakfast are not permitted on the same parcel.
(C)
The farmstay shall be registered with the County Tax Collector as being subject to the transient occupancy tax, and no discretionary permit for a farmstay shall take effect prior to issuance of a transient occupancy permit by the County Tax Collector.
(D)
A food service permit shall be obtained from Environmental Health Services as applicable.
(E)
Operation of the farmstay shall be subject to the following continuing requirements:
(1)
The operator shall reside within the main residence on the property.
(2)
Guest stays shall be limited to 14 days.
(3)
No cooking is allowed in guest rooms.
(F)
To the maximum extent possible, site development associated with the farmstay shall be minimized and shall be located on the non-productive portions of the property, or on that portion of the property that is least productive for agricultural purposes. Development shall also be sited to minimize any conflict with any off-site agricultural activities such as crop production. Conditions of approval may specify a development envelope for the proposed use where appropriate to protect agricultural land.
(Ord. 5423 § 26, 2022)
13.10.642 Sanitary landfill as interim use.
A publicly owned sanitary landfill, operated either by contract or public forces, as an interim use, on land zoned for agriculture, shall be subject to the following regulations:
(A)
Land taken out of agricultural production shall, upon cessation of landfill activities, be rehabilitated and made available for subsequent agricultural uses. Rehabilitation actions shall include, but not be limited to, stockpiling of existing topsoil for replacement to the area taken out of production as a topsoil layer over the final cover of the landfill. Where stockpiling is not feasible, topsoil may be imported or produced, for example, through the use of compost made from plant waste entering the landfill; provided, that in any case if the land is Type 3 commercial agricultural land, the finished topsoil layer shall have physical-chemical parameters which give the soil a capability rating (as defined by the Santa Cruz County Local Coastal Program Land Use Plan) of prime agricultural land.
(B)
Existing water quality and quantity available to agricultural land used on an interim basis for a sanitary landfill and to other agricultural land in the vicinity of the landfill shall not be diminished by the landfill use, either during its operation or after closure.
(C)
No conflicts with adjacent commercial agricultural activities shall result from the landfill use, either during its operation or after closure.
(D)
The maximum amount of agricultural land shall be maintained in production through the following measures, as feasible:
(1)
Phasing the nonagricultural use.
(2)
Utilizing any nonagricultural areas available first.
(3)
Utilizing lower quality soils (e.g., Class II) instead of or before higher quality soils (e.g., Class I or III).
(4)
Employing means of reducing the area necessary for the interim public use, such as resource recovery.
(5)
Rehabilitating other areas, such as former landfill sites, for agricultural use.
(E)
The above provisions shall also apply to permitted septic sludge disposal sites within the Coastal Zone.
(Ord. 5423 § 26, 2022)
13.10.643 Recycled water facilities for the production of recycled municipal wastewater for agricultural irrigation use.
Construction and operation of recycled water facilities providing tertiary-level treatment on land zoned CA or A shall be allowed, subject to the following regulations:
(A)
Such facilities shall be located adjacent to or in the immediate proximity of an existing publicly owned and operated municipal wastewater treatment plant.
(B)
Such facilities shall be intended and used for the sole purpose of producing recycled municipal wastewater to be used for agricultural irrigation.
(C)
Conflicts with adjacent commercial agricultural activities resulting from either construction or operation of the wastewater recycling facility use shall be avoided, among other ways, by staging construction activities and establishing traffic routes in a manner that does not interfere with adjacent agricultural activities.
(D)
The facility shall minimize reduction of acreage of agricultural lands and shall prevent a reduction in land available for agricultural production by offsetting the loss of agricultural land associated with facility construction. Mitigation measures that may be used to offset the loss of agricultural land resulting from project construction include, but are not limited to:
(1)
Enabling fallow agricultural land to be put back into production;
(2)
Protecting or restoring agricultural operations on lands where nonagricultural development has been permitted, among other ways, by acquiring the land or obtaining an affirmative agricultural easement;
(3)
Improving the productivity of degraded or marginal agricultural land by transporting the topsoil from the development site to such land; and
(4)
Any combination of the above, or similar measures.
The mitigation measures used to offset the loss of agricultural land associated with facility construction shall enhance agricultural productivity within the project service area to an extent that is equal or better than the productivity of the agricultural land lost from project construction, and shall be implemented in a manner that is consistent with the coastal resource protection provisions of the General Plan/LCP, such as those protecting environmentally sensitive habitat areas, riparian corridors, wetlands, and coastal water quality.
(Ord. 5423 § 26, 2022)
13.10.644 Standards for agricultural structures and uses-Miscellaneous.
(A)
Discretionary site development and use permits associated with the following structures shall include site designs and conditions of approval as necessary to ensure compliance with the criteria set forth in SCCC § 13.10.644(B):
(1)
Agri-tourism/education structure;
(2)
Agricultural research and development facility;
(3)
Lumber mill or tree service establishment;
(4)
Structures indirectly related to agriculture (including animal hospital, museum, veterinary office, kennel, zoo, energy facilities, like structures, or ancillary structures thereto); and
(5)
Agricultural administrative offices.
(B)
Standards.
(1)
The development area shall be sited to eliminate or, if not possible, to minimize disturbance of Type 1—3 Commercial Agricultural Land.
(2)
If located on CA zoned land, the proposed development and use shall be ancillary to the principal agricultural use of the subject property or of properties owned or leased by the operator.
(3)
Development shall be located near existing buildings or other site development and utilize existing site access to the greatest extent feasible. Development shall also be sited to minimize any conflict with any off-site agricultural activities such as crop production.
(4)
If locating on CA zoned land, the use of impermeable or semi-permeable surface material that may affect the long-term viability of Type 1—3 agricultural soil shall be minimized to the greatest extent feasible.
(5)
Visual impacts of structures and associated parking and lighting on designated scenic roads, beaches, or recreation facilities shall be minimized by measures such as locating structures among existing groups of structures, using materials and colors which blend with existing buildings or the environment, and/or using design and landscaping to screen and soften the appearance of structures.
(6)
Habitable structures shall comply with SCCC § 16.50.095, Agricultural buffer setbacks. Cultivation areas or plant cultivation structures used for research activities are agricultural and not subject to SCCC § 16.50.095.
(7)
Parking areas shall be sited and designed to minimize disturbance of agricultural resource land or any land in commercial agricultural production both on and off-site. Parking shall comply with the following:
(a)
Parking for agricultural research and development establishments shall meet the standards of Chapter 13.16 SCCC as required for business offices. Parking for uses indirectly related to agriculture shall meet the standards of Chapter 13.16 SCCC as required for the use most closely resembling the subject use. Exception: the number of parking spaces required may be reduced without a parking variance or alternate surfacing materials may be allowed by the approving body in order to preserve agricultural land, if the approving body finds that parking will be adequate for the use and the surfacing will be installed and maintained in a manner that will prevent erosion.
(b)
Parking for agri-tourism and education shall be commensurate with the intensity of use, based on numbers of events and guests as mitigated by any on-site parking demand management measures, such as use of bus transportation or carpools.
(8)
Proposed facilities with a total building footprint exceeding 10,000 square feet shall locate as much of the total floor area on a second story as is feasible.
(9)
The establishment of any outdoor-grown container crop area at a research and development (R&D) facility shall comply with standards provided in SCCC § 13.10.639, Outdoor container-grown crops. Where an R&D facility is existing or principally permitted, establishment of greater than one acre of outdoor-grown container crops, or expansion greater than one acre of any existing container crop area shall require approval of a minor site development permit or equivalent amendment. The area used for container crops is not included in tabulation of development area.
(10)
The establishment of any greenhouse at a research and development facility shall comply with standards provided in SCCC § 13.10.636. Greenhouses or portions of greenhouses that include paving or other impermeable or semi-permeable surface material such as baserock or gravel which may affect the long-term viability of the underlying soil shall be considered part of the total development area of the R&D facility.
(11)
Special Development Area Findings. The special findings provided in SCCC § 13.10.313(E) apply to the agricultural structures and uses identified in this section, where the combined development area of multiple agricultural support structures on Type 1—3 agricultural land on a single parcel would exceed 35,000 square feet. Also see the Agricultural Uses Chart for development area limits for energy facilities, veterinary offices, and agricultural research and development facilities.
(Ord. 5423 § 26, 2022)
13.10.645 Animal keeping.
The following regulations apply to animals in specified, non-agricultural zone districts, in addition to the standards in Volume I, SCCC Title 6. See SCCC § 13.10.312 for standards in agricultural districts.
(A)
General Standards.
(1)
The keeping of animals at a density greater than the specified standard requires approval of a conditional use permit pursuant to Chapter 18.10 SCCC.
(2)
Small animals shall be kept enclosed and in a manner that prevents the accumulation of excrement or spread of disease, flies, dust, erosion, or offensive odors. Enclosures not conforming to the site standards described in this section shall not be established unless authorized by a variance.
(3)
Minimum parcel size and density standards are based on gross parcel area.
(4)
A maximum of four dogs or four cats or any combination thereof as household pets are allowed in all zone districts.
(B)
Small Animals in the RA, PF, RR, and R-1 Districts. "Small animal" means fowl or fur-bearing animals typically raised as outdoor pets or for products such as eggs or meat; includes such animals as poultry, pigeons, rabbits, and chinchilla. Does not include household pets such as dogs and cats, hamsters, canaries, or aquarium fish.
Table 13.10.645-1: Requirements for Small Animals | ||
|---|---|---|
RA, PF | RR, R-1 | |
Minimum parcel size, general | 6,000 sq. ft. | 6,000 sq. ft. |
Minimum parcel size for rooster, peacock, tom turkey, guinea fowl or similar noisy fowl | 1 acre | Not allowed. |
Maximum density, general | 2 per 1,000 sq. ft. | 2 per 1,000 sq. ft. |
Maximum density for roosters, peacock, tom turkey, guinea fowl or similar noisy fowl | 4 per parcel | Not allowed. |
Additional standards for beekeeping | Allowed on parcels one-half acre or larger. Hives shall be set back a minimum of 25' from all property lines and from public or private streets. | Allowed on RR parcels one-half acre or larger. Hives shall be set back a minimum of 25' from all property lines and from public or private streets. |
Enclosures—Parcels up to 1 acre | 20 feet to any property line; 25 feet to any dwelling; Rear one-half of parcel. | 20 feet to any property line; 25 feet to any dwelling; Rear one-half of parcel. |
Enclosures—Parcels >1 acre | 40 feet to any dwelling or property line; locate enclosures on rear one-third of parcel. | |
(C)
Large Animals in the RR, RA, and PF Districts. "Large animal" means a domestic farm animal such as horse, cow, pig, llama, sheep, or goat.
Table 13.10.645-2: Requirements for Large Animals | |
|---|---|
Minimum parcel size (gross) | One acre: Horse, cow, llama 1/2 acre: Goat, sheep |
Maximum density | 2 per acre: Cow, pig, pony, llama 4 per acre: Goat, sheep, alpaca, ostrich Pigs: 2 per acre; Maximum of 6 |
Maximum density for horses | |
1 acre site | 2 horses |
> 1 acre site | 2 horses + 1 horse per additional 20,000 square feet over 1 acre |
Minimum setbacks for stable or paddock* | 50 feet from front property line 50 feet to dwelling on adjoining property 20 feet from side and rear property lines |
Erosion control plan | Required, pursuant to SCCC § 16.22.060 |
Manure management plan | Required, pursuant to Environmental Health Services Division regulations |
* Fully vegetated pastures or turn-out areas are not considered paddocks and are not subject to setback requirements for paddocks. |
(Ord. 3432 § 1, 1983; Ord. 5423 § 27, 2022)
13.10.646 Animal care facilities.
The following regulations apply to kennels, grooming establishments, pet shops, small-animal hospitals, veterinary offices, and animal shelters:
(A)
Outdoor exercise areas shall be entirely enclosed by a closed non-transparent fence of a minimum of six feet in height. No outdoor exercise yards shall be allowed in C-1 or C-2 districts.
(B)
Any enclosures in which animals are treated or boarded, either by day or overnight, shall be a minimum of 75 feet from any residence.
(C)
All facilities shall be kept in a neat and sanitary manner by the daily removal of excrement and the use of sprays and disinfectants, as determined to be necessary by the Environmental Health Services Division, to prevent an accumulation of flies, the spread of diseases, offensive odor, or excessive dust.
(D)
Except for outdoor exercise yards and training activities, all animal services in commercial districts shall be operated within completely enclosed structures that are sound-proofed to standards approved by the County Building Official. Outdoor exercise yards shall operate only between the hours of 7:00 a.m. and 7:00 p.m.
(Ord. 3432 § 1, 1983; Ord. 5423 § 27, 2022)
13.10.647 Animal raising-Poultry, bird, rabbit, or fur-bearing.
(A)
In all cases where poultry, birds, rabbits, or fur-bearing animals in any number and for any purpose are raised, kept, or maintained, all dead animals or birds and excrement should be removed and disposed of, and sprays and disinfectants shall be used, as determined to be necessary by the Environmental Health Services Division, so as to prevent the accumulation or spread of disease, flies, or offensive odors. The provisions of SCCC § 16.20.195, pertaining to erosion control, shall apply.
(B)
In all cases for the raising, maintenance, or fattening of turkeys, all dead animals and excrement shall be disposed of, and chemicals and sprays shall be used, as determined to be necessary by the Environmental Health Services Division, to prevent the accumulation or spreading of flies, disease, or offensive odors, and where in excess of 50 birds are maintained in one flock within a distance of one-fourth of a mile from any residence, ground sprays or groundcover shall be used to prevent the accumulation and spread of dust. The provisions of SCCC § 16.20.195, pertaining to erosion control, shall apply.
(Ord. 5423 § 27, 2022)
13.10.648 Biomedical livestock operations.
(A)
Purpose. It is the purpose of this section to provide for and regulate biomedical livestock operations, as defined in SCCC § 13.10.700-L, which may be established in zone districts where it is an allowed use on the relevant uses chart. It is a further purpose of this section to define and regulate a new and evolving land use type while protecting the public health, safety and welfare; to provide notice to adjacent land owners; to implement the policies of the Santa Cruz County General Plan and Local Coastal Program; and to preserve and protect agricultural land in the County.
(B)
Only Livestock Permitted on Agricultural Land. On agriculturally zoned land, the animals used in the biomedical livestock operation shall be limited to livestock as defined in SCCC § 13.10.700-L.
(C)
Application Requirements. Approval of all biomedical livestock operations shall be processed in accordance with the provisions in Chapter 18.10 SCCC, and shall require a public hearing and action by the Zoning Administrator (Level V). Barns, storage, equipment, and other buildings, associated paving, fences, and water pollution control facilities which are part of the biomedical livestock operations are not excluded from coastal permit requirements provided in SCCC § 13.20.073. The applicant for a biomedical livestock operation shall submit to the County Planning Department a master plan of the proposed facility. The master plan shall be considered part of the permit for the use and shall include the following documentation:
(1)
The documentation prescribed in SCCC § 18.10.210(B). The Planning Director may, however, waive some of the prescribed requirements of SCCC § 18.10.210(A)(8), (9), and (11), upon a determination that specific items are not relevant due to project characteristics.
(2)
A site plan for all property and parcels on which the biomedical livestock operation is proposed to be located, which includes: the location and a description of the current and proposed structures and their uses, including any structures to be demolished; delineation of property lines, adjacent streets, and existing and proposed on-site access roads; a description of the parcel(s) and contiguous parcels' current and historic land uses, including areas used for manure management; delineation of sensitive habitats as defined in SCCC § 16.32.040; and information regarding potential environmental impacts. Proposed structures shall meet the following requirements:
(a)
Structures shall be clustered in groups and sited so as to remove no land from agricultural production or potential agricultural production, or, if this is not feasible, to remove as little land as possible from agricultural production to the extent there is a demonstrated need consistent with all other constraints contained in this title. Structures for housing livestock shall be open to permit free air flow through the structure.
(b)
On agriculturally designated land, the maximum land coverage by all structures and impervious surfaces that are part of the biomedical livestock operation shall not exceed one percent of the total gross parcel size(s). This limit may be extended to five percent on parcels less than 20 acres, with a Level VI approval. Residential structures pursuant to SCCC § 13.10.314(B), driveways and accessory uses; structures associated with other principally allowed agricultural uses; access roads utilized for other parcels and/or uses; driveways not covered with impervious surfacing (as defined in Chapter 16.32 SCCC) shall not count towards the one percent coverage maximum. Structures associated with other conditional agricultural uses shall either be counted towards the one percent coverage maximum, or the portion of the parcel devoted to the other conditional agricultural uses shall be deducted from the gross parcel size before applying the percentage limitation to determine the maximum coverage for structures and impervious surfaces.
(c)
Flooring and impervious surfaces, within or surrounding barns or other structures to house livestock, which would impair long-term soil capabilities, shall be limited to the minimum area needed for pens, roadways, loading and storage.
(3)
A description of the species and the maximum number of animals of each species proposed for the biomedical livestock operation, the amount of land to be occupied by animals, and the location of all existing and proposed fencing, including but not limited to perimeter, pasture and pens. This description shall be supported by a report from a certified range manager as to a recommended number of animals that the site can support, consistent with the requirements of subsection (E)(2) of this section.
(4)
A manure management and erosion control plan prepared pursuant to SCCC § 16.22.060, that:
(a)
Precludes any impairment of long-term soil capabilities for growing plants or forage;
(b)
Precludes any impairment of surface and groundwater quality or quantity;
(c)
Includes provisions for fly control, as required by Chapter 7.36 SCCC;
(d)
Includes provisions for the control of objectionable odors; and
(e)
Locates manure management operations either: within the project's allowable impervious surface area; or on other lands not suitable for cultivation or used for forage, unless for soil or plant enrichment purposes within or by the next growing season.
(5)
A plan for disposal of laboratory animals which are euthanized or otherwise culled from the animals continuing to be used for the biomedical livestock operation's program. Any incineration or disposal shall comply with all requirements of State and Federal law.
(6)
Documentary proof that all required permits, licenses, registrations, approvals, and similar requirements of local, State and Federal regulatory agencies have been obtained including, without limitation, those of the Regional Water Quality Control Board, Monterey Bay Air Pollution Control District, U.S. Department of Agriculture, California Department of Food and Agriculture, U.S. Food and Drug Administration, and Centers for Disease Control and the National Institutes of Health. The County Planning Department shall be notified within 60 days of any change in the status of such permits, licenses, approvals and registrations.
(7)
A written description of the proposed research, testing, experimentation and/or biomedical (or pharmaceutical) product manufacturing program that will utilize the livestock. If the proposed use includes injections or introduction into and/or extractions from livestock (collectively, "injections"), the description shall include identification of the substances involved in the injections.
(D)
Required Findings. Prior to issuance of a development permit for a biomedical livestock operation, the general findings for development permits set forth in SCCC § 18.10.230(A) and coastal permit findings of SCCC § 13.20.110, if applicable, shall be made. The following additional findings shall also be made:
(1)
On agriculturally designated land, no biomedical laboratory, as defined in SCCC § 13.10.700-L, will be located on the site.
(2)
The biomedical livestock operation complies with the requirements of Chapters 7.22, 7.30 and 7.100 SCCC, and any other applicable Federal, State and/or local law, regulation or standard, including the County animal control ordinance, regarding medical or biohazardous waste, recombinant DNA technology, hazardous substances, and care and treatment of animals.
(3)
The biomedical livestock operation complies with all provisions of the General Plan and Local Coastal Program Land Use Plan and the County Code regarding uses on agricultural land and complies with the provisions of Chapter 16.30 SCCC, Riparian Corridor and Wetlands Protection, and Chapter 16.32 SCCC, Sensitive Habitat Protection. The land area devoted to the biomedical livestock operation shown on the required site plan complies with all plan and code siting requirements, is commensurate with the needs of the biomedical livestock operation, and is configured in a manner to avoid conflicts, and to be compatible with any other existing or potential agricultural uses on the subject parcel.
(4)
Livestock will be securely confined to the site. The use minimizes fencing or other structures, equipment or devices which restrict the natural movement of wildlife in their existing habitat and corridors, based on the latest habitat and biodiversity information available. All fencing complies with SCCC § 13.10.525 unless an approval is granted to exceed the six-foot maximum height limit pursuant to SCCC § 13.10.525(C)(2).
(5)
On agriculturally zoned land, any research, testing, experimentation or product manufacturing at the biomedical livestock operation shall be limited to the injection, or introduction, of those reagents which are inert, nonviable, noninfectious and nonhazardous and shall specifically exclude any live microorganisms, live viruses (whether wild-type or attenuated), live bacteria, live fungus, live mycoplasma, or live parasites; or recombinant polynucleotides (such as DNA or RNA, expression vectors, knockout vectors or gene therapy vectors); or radioactive compounds or isotopes. This requirement shall not be construed to prohibit any standard and well-established practice of veterinary medicine.
(6)
The proposed operation is soil-dependent (e.g., involves grazing, based on the number of animals which could be feasibly and economically grazed on the site assuming a minimum 40 percent of feed will be from grazing on-site) and will not generate excessive manure that would adversely affect soil productivity or water quality.
(E)
Additional Review. Prior to any action by the Zoning Administrator, the following additional review shall take place:
(1)
The adoption or amendment of a master plan for a biomedical livestock operation is a "project," within the meaning of CEQA and the County environmental review guidelines, and is subject to environmental review.
(2)
The master plan shall be reviewed by the Agricultural Policy Advisory Commission (APAC), including consultation with the Agricultural Commissioner, the United States Department of Agriculture Natural Resources Conservation Service, and the University of California Extension Service, as applicable, for a recommendation to the Zoning Administrator on the following:
(a)
The size (including square footage) and location of support structures; and
(b)
Appropriate animal density for the site in question.
With respect to the foregoing, APAC shall make its recommendation based on (i) determination of whether the proposed operation is soil-dependent (e.g., involves grazing), and (ii) the number of animals which could be feasibly and economically grazed on the site assuming a minimum 40 percent of feed from grazing on-site.
(3)
The application shall be referred to the County Public Health Officer who shall review the application and the written description of the proposed research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program. Review by the County Public Health Officer shall include the following:
(a)
A written summary report of the proposed program, which shall be made available to the public and to the Zoning Administrator prior to any public hearing, including recommendations to the Zoning Administrator as to whether to approve, conditionally approve or deny the application. The Public Health Officer shall base the summary report and recommendations on all information available to him/her. In investigating and preparing his/her report and recommendation the Public Health Officer may consult with and obtain information from experts in the biomedical research field, with fees and costs for such consultations and information to be paid for by the applicant. Any interested person may also submit written comments on the proposed program to the Zoning Administrator at or prior to the Level V hearing.
(b)
A recommendation as to permit conditions for the biotechnology livestock operation that are necessary to ensure that the public health, safety, and welfare are protected at all times.
(4)
If the Public Health Officer determines that the proposed biomedical livestock operation presents a human health hazard, the Zoning Administrator shall not approve or conditionally approve the biotechnology livestock operation. If the recommendation is to approve or conditionally approve the biomedical livestock operation, the Zoning Administrator shall proceed to make a final decision on the application in accordance with all applicable criteria. In any case, the recommendations of the Public Health Officer shall be incorporated into the conditions, findings and decision of the Zoning Administrator.
(5)
If the Planning Commission or Board of Supervisors acts to approve the proposed biomedical livestock operation despite an unfavorable recommendation by the Public Health Officer to the Zoning Administrator, the Officer shall be further consulted as to appropriate conditions to place on the operation.
(F)
Amendments to Approved Master Plan. Any changes to the approved master plan, including any material changes to the approved research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program that will utilize the livestock, shall require an amendment to the master plan or development permit in accordance with the procedures for obtaining a major amendment set forth in SCCC § 18.10.134. A material change to the approved research, testing, experimentation or product manufacturing program shall include any change that could have an effect on public health, safety, welfare or the environment. Any request for an amendment to the master plan or development permit shall be summarized and reviewed by the County Public Health Officer, using the same procedure as required for an initial application. No material change in the program shall occur until after the proposed change receives final approval following a Level V review. A change from injections involving nonhazardous substances such as reagents which are inert, nonviable, and noninfectious to injections involving any potentially hazardous agents such as live microorganisms, live viruses (whether wild-type or attenuated), live fungi, live parasites, live mycoplasma, live bacteria; or recombinant polynucleotides (such as DNA or RNA, expression vectors, knock-out vectors or gene therapy vectors); and/or radioactive compounds or isotopes shall be prohibited.
(G)
Permit Expiration and Renewal. A biomedical livestock operation shall be subject to the following review following approval of a development permit:
(1)
Any development permit approved for a biomedical livestock use shall be valid for five years or a lesser time as established by the Zoning Administrator. The permit holder shall be required to submit an application for renewal prior to the expiration of the development permit. The permit shall also be conditioned to require the permit holder to submit a closure plan prior to terminating a biomedical livestock operation or prior to permit expiration if a renewal application is not sought or is denied. The closure plan shall provide for the removal of any facilities inappropriate for future nonbiomedical agricultural use of the site. Continued operation of the biomedical livestock use shall be subject to permit renewal processed as an administrative approval according to the procedures set forth in Chapter 18.10 SCCC, except that if a coastal development permit is involved, then the processing requirements of Chapter 13.20 SCCC shall apply. A request to renew a biomedical livestock use coastal development permit shall not be considered a minor development as defined in Chapter 13.20 SCCC or a permit extension. Under no circumstances, whether through conditions beyond the control of the permittee, lack of actual notice of expiration, reliance on an error of public officials, or for any other reason shall the expiration date of a permit be automatically extended except as may be provided by relevant provisions of State law, or give rise to an estoppel against the County. Requests for renewal of a development permit for a biomedical livestock use shall be evaluated based on compliance with original permit conditions and inspection by the County Planning Department; inspection of the site by the County Health Officer for compliance with Chapters 7.22, 7.30, and 7.100 SCCC and the research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program; review by the County Planning Department of all applicable Federal, State and/or local laws and the applicant's compliance with them as documented by the respective agencies, and a review of all applicable County ordinances and policies.
(2)
The Public Health Officer, the Director of Animal Control and/or Planning staff shall have the right to make random, unannounced inspections and/or investigations of any biomedical livestock operation, including access to all databases containing information on the livestock which is part of the biomedical livestock operation, as necessary to determine compliance with the research, testing, experimentation or biomedical (or pharmaceutical) product manufacturing program and/or Chapters 7.22, 7.30, and 7.100 SCCC.
(H)
Violations of Conditions of Development Permit. It shall be unlawful for any person to exercise any development permit which authorizes a biomedical livestock operation without complying with all of the conditions of such permit. Any violation of permit requirements shall be subject to enforcement action as set forth in Chapter 19.01 SCCC.
(I)
Review of Title. Upon the earlier of the filing with the County of (1) a total of five applications (including applications to amend master plans and/or development permits to encompass additional land under an existing master plan and/or development permit; but, excluding applications solely for renewal under subsection (G) of this section), or (2) applications totaling five parcels of land, this title shall be reviewed by the Planning Commission, and public hearing(s) conducted before it, regarding the impact (including potential impact) of biomedical livestock operations on agriculturally zoned land. The Planning Commission, following public hearing(s), shall make recommendations to the Board of Supervisors regarding any amendments to this title, the County Code and the General Plan that the Planning Commission believes is in the best interest of the County in order to maintain and protect prime agricultural cropland and rangeland in the County. The Board of Supervisors shall hold public hearing(s) and act on the Planning Commission's recommendations.
(Formerly 13.10.647; Ord. 4474-C § 3, 1998; Ord. 5182 § 8, 2014; Ord. 5423 § 28, 2024)
13.10.650 Non-retail commercial cannabis uses.
All non-retail commercial cannabis uses, including commercial cannabis cultivation, manufacturing, and distribution, shall be subject to the following limitations:
(A)
License. Non-retail commercial cannabis uses shall not be permitted on any parcel within the County without (1) a currently valid local license required by Chapter 7.128 SCCC; and (2) a currently valid State license required under California law. Except as expressly defined in this section, the definitions in SCCC § 7.128.030 shall apply to the terms used herein.
(B)
General.
(1)
Procedures. Non-retail commercial cannabis uses and development shall be subject to the procedures applicable under Chapter 18.10 SCCC at the approval level established in the appropriate use chart for the zoning district. For purposes of determining the approval level applicable to cannabis uses and development, the square footage of a structure, greenhouse, hoop house or growing area shall be cumulative as to the parcel, cultivation site or facility, as applicable.
(2)
Development. Inside the Coastal Zone, and within one mile beyond the Coastal Zone, no new non-retail commercial cannabis structures may be permitted. Except for legal structures existing on the effective date of this section, use of any structure for non-retail commercial cannabis use shall be considered new development. All non-retail commercial cannabis uses and development, including structures, greenhouses, hoop houses, and related parking lots and access roads, proposed for non-retail commercial cannabis uses in zoning districts in which such uses may be approved shall be consistent with the General Plan and shall require all other applicable approvals (including but not limited to grading and building permits and coastal development permits for development as defined in Chapter 13.20 SCCC) and shall be subject to all other applicable requirements of this code and other applicable laws and regulations. Cannabis may not be cultivated or manufactured within a residence and may not be stored for distribution within a residence.
(3)
Best Management and Operational Practices Plan. No use or development permit for non-retail commercial cannabis business activities may be issued before the applicant has submitted, and the Cannabis Licensing Official has approved, a completed Best Management and Operational Practices ("BMOP") Plan on the form(s) created by the Cannabis Licensing Official for that purpose. The purpose of the BMOP Plan is to ensure that all cannabis business activities conserve natural resources and have as minimal an impact as possible on the surrounding environment. The BMOP Plan shall address siting criteria, site design, construction requirements, operational requirements, and additional miscellaneous issues in order to meet this purpose.
(4)
Environmental Protection. All non-retail commercial cannabis use shall comply with the provisions of all applicable environmental laws and regulations, including County environmental resource protection ordinances (SCCC Title 16) and all applicable requirements of Division 13 (commencing with Section 21000) of the Public Resources Code (the California Environmental Quality Act, and State CEQA Guidelines, process). No exceptions to riparian setback requirements under Chapter 16.30 SCCC or to sensitive habitat setback requirements under Chapter 16.32 SCCC shall be available for non-retail commercial cannabis use or development. No non-retail commercial cannabis use or development may be permitted except upon a finding that the approval will not result in any significant unmitigated impact to water supply, biotic resources or other sensitive environmental resources.
(5)
No Cannabis Activities Allowed within Sandhills Habitat or Salamander Protection Zone. The County shall review whether a cultivation or manufacturing site is located within the Sandhills habitat or in oak woodland within one-quarter mile of a known or suspected salamander breeding pond during its biological resources assessment process. The County shall not issue a license for any cannabis activity proposed within the Sandhills or SCLTS habitats, with the exception of those indoor activities that do not require any soil disturbance.
(6)
Land Clearing/Grading. A land clearing permit must be obtained for any clearing in sensitive habitat as defined in Chapter 16.32 SCCC and for clearing exceeding one-quarter acre in any other area. In addition to meeting standards and regulations found in SCCC Title 16 and any other applicable regulation in SCCC Title 13:
(a)
Retained cuts and fills shall not exceed 10 feet.
(b)
Non-retained cuts and fills shall not exceed five feet.
(c)
Outdoor cultivation is not allowed on slopes steeper than 20 percent.
(d)
No grading is allowed on slopes greater than 20 percent, where slope gradient is measured as natural grade, or where the grade has been modified through an approved grading permit.
(e)
Remedial grading may be necessary in order to satisfy the requirements of this chapter. All remedial grading must be shown on the final grading plan. Remedial grading may include over excavation and recompaction of on-site soils, buttress fills, or other grading activities deemed necessary to bring unpermitted grading into compliance with County Code.
(f)
Excessive or unnecessary grading may be grounds for grading application denial.
Exceptions to these rules may be granted if exceeding the limits above will result in less environmental damage than all other design alternatives, or if no other alternative exists, as determined by Environmental Planning staff.
(7)
Outside Lighting. The application for a non-retail commercial cannabis use or development permit shall include plans for all outdoor lighting for review and approval. All outdoor lighting shall have the illumination directed downward or shielded so that glare is not projected onto adjacent properties or skyward. No lighting for cultivation purposes, except that necessary for security, shall be visible at cultivation sites from sunset to sunrise.
(8)
Parking. The application for a non-retail commercial cannabis use or development permit shall include a parking plan and documentation of parking needs for review and approval. The plan shall provide adequate off-street parking for all employees and allow for loading and unloading.
(9)
Site and Building Design. All new development shall be clustered or otherwise sited to reduce impacts. New structural development shall ensure the proposed building has sufficient architectural design to be compatible with the architectural character and scale of the surrounding area.
(a)
In the CA zone district, any new development use shall be subject to the findings in SCCC § 13.10.314(A).
(b)
In the TP zone district, permits authorizing non-retail commercial cannabis activities may be granted only on parcels with a pre-existing legal commercial use (regardless of when established) where cannabis business activities will take place in previously cleared areas. New development and site disturbance associated with cannabis business activities and related infrastructure on these parcels are limited to: (i) no more than 5,500 square feet of site disturbance; and (ii) the removal of no more than five trees with an individual diameter breast height (d.b.h.) between 12 and 40 inches. Moreover, a timberland conversion permit must be obtained as required by the California Division of Forestry before any trees are removed, and removal of trees with a d.b.h. of greater than 40 inches is not permitted. In addition, any new structural development and parking facilities on these parcels shall be clustered within 200 feet of other buildings on the parcel in order to facilitate timber production and harvesting and to preserve the rural character of the land, unless a different option can be demonstrated to have fewer environmental impacts.
(10)
Setbacks. All development shall be set back from the property line the minimum distance required by the zone district, or as otherwise required in this section, and may be required as a condition of a use or development permit to be set back a specified distance from the nearest off-site residence, if applicable, depending on the individual circumstances of the application.
(11)
Landscaping and Screening. All new structural development shall be landscaped or located in the natural setting to soften the geometric form and to blend it with the rural character of the surrounding area. Parking lots and outdoor work and storage areas shall be screened from view from adjacent properties and roadways by vegetative plantings or other natural features and screening. Plantings shall be completed before final building inspection is approved.
(12)
Outside Operations. Applications for a non-retail commercial cannabis use or development permit shall include information to describe the nature of any proposed outside operations. All outside operations shall be screened to minimize visibility from adjacent residences and roads. Within the Coastal Zone, fencing shall be minimized, in no case shall exceed six feet, and shall be designed to allow the passage of wildlife and shall not be seen from public roads.
(13)
Noise Control. The application for a non-retail commercial cannabis use or development permit shall include information regarding the anticipated noise levels of the cannabis operation. Noise shall be limited to be consistent with the requirements of the General Plan Noise Element.
(14)
Operating Hours.
(a)
The application for a non-retail commercial cannabis use or development permit shall include information regarding the proposed operating hours of the facility. The operating hours shall be established and approved as a condition of the approval.
(b)
Outside operating hours shall be limited to 7:00 a.m. to 7:00 p.m. These limits may be exceeded by obtaining approval of the Planning Commission, and limits shall be set by condition on the use approval based on the individual merits of the location and surroundings.
(15)
Access. Access shall meet County road standards for the proposed use, including accommodation of delivery vehicles and emergency vehicles.
(16)
Fire Protection. All regulations of the local fire district or County Fire Marshal shall be met to ensure adequate access, water availability and other conditions for fire protection.
(17)
Water.
(a)
All applications for any non-retail commercial cannabis use or development permit shall be accompanied by a letter from the water district serving the area stating that adequate capacity is available to serve the use, or the applicant shall demonstrate it has an approved on-site source or other adequate alternative source of water.
(b)
All water used for cultivation purposes must be obtained from an approved on-site source, except for water used in the case of emergencies, and water obtained from a Department of Public Health, Food and Drug Branch licensed purveyor that is used solely for the initial filling of water tanks used to meet on-site water storage requirements for firefighting purposes. Cannabis shall not be cultivated with the use of a shared water source or water extraction equipment without the express permission of all of the persons holding an ownership interest in that water source or water extraction equipment. The applicant shall submit an identification of water supply to be used for cultivation and documentation demonstrating that the source is in compliance with all statutes, regulations, and requirements of the California State Water Resources Control Board, Division of Water Rights.
(c)
If a new structure is proposed to be constructed, water saving devices shall be incorporated into the design, and shall be indicated on building and landscaping plans for review and approval.
(18)
Sewer/Septic. A letter from the sewer district serving the parcel shall be submitted with the application stating that adequate capacity is available to serve the use, or the applicant shall otherwise demonstrate compliance with the requirements of Chapter 7.38 SCCC and adequacy of any septic system serving the site.
(19)
Odors. Applications for a commercial cannabis use or development permit for outdoor cultivation must include a written statement demonstrating that the applicant has, to the maximum extent feasible given the topography of the site, taken neighboring sensitive receptors into account in site selection.
(20)
Indemnity. Each use or development permit issued pursuant to this section shall have as a condition of the permit a requirement that the applicant defend, indemnify and hold harmless the County and its officers, agents, and employees from and against any claim (including attorney's fees) against the County, its officers, employees or agents to attack, set aside, void or annul the approval of the permit or any subsequent amendment of the permit.
(C)
Commercial Cannabis Cultivation.
(1)
Zoning. Subject to the limitations set forth in subsections (C)(2), (3) and (4) of this section, commercial cannabis cultivation uses may be permitted in the following zones: CA (Commercial Agriculture), A (Agriculture), RA (Residential Agriculture), C-4 (Commercial Services), M (Industrial), TP (Timber Production), and SU (Special Use) where the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential), "AG" (Agriculture) or "I" (Heavy Industry).
(2)
Minimum Parcel Size.
(a)
The minimum parcel size for commercial cannabis cultivation in the CA zone is one acre.
(b)
The minimum parcel size for commercial cannabis cultivation in the A zone is 2.5 acres (Class CG license only) or 10 acres (Class A license).
(c)
The minimum parcel size for commercial cannabis cultivation in the RA zone is 2.5 acres (Class CG license only) or five acres (Class RA license).
(d)
The minimum parcel size for commercial cannabis cultivation in the TP zone is 2.5 acres (Class CG license only) or five acres (Class TP license).
(e)
The minimum parcel size for commercial cannabis cultivation in the SU zone is 2.5 acres (Class CG license only) or 10 acres (Class SU license) for parcels with a General Plan designation of R-M, R-R or AG; there is no minimum parcel size for parcels in the SU zone with a General Plan designation of I.
(3)
Restrictions.
(a)
Commercial cannabis cultivation shall not be permitted inside the Coastal Zone or within one mile beyond the Coastal Zone, except in the CA, A, C-4 and M zones.
(b)
Commercial cannabis cultivation shall not be permitted within the Urban Services Line or the Rural Services Line, except in C-4 and M zones and in CA and A zones located inside the Coastal Zone and within one mile beyond the Coastal Zone.
(c)
Inside the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis cultivation may only be permitted: 1) in CA and A zones outdoors; or 2) in structures existing on the effective date of the ordinance adopting this section. No new structures, including hoop houses (defined as agricultural shade structures exempt from building permits under SCCC § 12.10.315), shall be allowed.
(d)
No outdoor (including hoop house) commercial cannabis cultivation shall be permitted in zones C-4 and M.
(i)
Exception: In the M-3 zoning district, where quarry operations have ceased, outdoor cultivation (including hoop house cultivation) may be permitted in conjunction with the adoption or amendment of a reclamation plan.
(e)
Commercial cannabis cultivation may be permitted in SU zones only if the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential), "AG" (Agriculture) or "I" (Heavy Industry), subject to the restrictions of SCCC § 13.10.382. In the SU zone district, on parcels with a General Plan designation of R-R, R-M or AG, permits authorizing non-retail commercial cannabis activities may be granted only on parcels of at least 20 acres, except for those applicants who cultivate on parcels of at least 10 acres where sufficient evidence exists that cannabis was being cultivated as of January 2013, and the use permit is granted no later than December 31, 2020.
(f)
Commercial cannabis cultivation with a Class CG license may be permitted within the CA, A, RA, TP zoning districts and in the SU zoning district on parcels with a General Plan designation of R-R, R-M or AG on parcels of at least 2.5 acres in size where all requirements under Chapter 7.128 SCCC applicable to a Class CG license are met.
(g)
Indoor cultivation of immature plants (starts and seedlings) may only take place within legal structures existing as of the effective date of the ordinance adopting this section, or it shall be accommodated in a new permitted structure without requiring the addition of any square or cubic footage (such as by vertical stacking or shelving).
(h)
Total cannabis cultivation area on any parcel shall not exceed the limit applicable under the currently valid license for cultivation on the parcel, subject to approval of the Licensing Official, as follows:
Zone/Class | Total Applicable Cultivation Area Description |
|---|---|
CA/Class CA * | On parcels where cultivation is conducted outdoors or requires new structural development, up to 5 percent of the size of the parcel may be utilized for canopy, immature plant growth areas and/or nursery operations. An additional 2.5 percent of the size of the parcel may be utilized for nursery operations or immature plant growth areas or some combination of both. After three years of continuous operations, canopy limits may be expanded up to 15 percent of the size of the parcel at the discretion of the Licensing Official. An additional 10 percent of the size of the parcel may be utilized for nursery operations or immature plant growth areas or some combination of both. On parcels where cultivation takes place solely within structures existing as of November 2016, cannabis cultivation area limits will be set by the Licensing Official. |
A/Class A | On parcels smaller than 20 acres, up to 3 percent of the size of the parcel, not to exceed 10,000 square feet total among all licensees. On parcels 20 acres or larger, up to 1.5 percent of the size of the parcel, not to exceed 22,000 square feet among all licensees. |
RA/Class RA | On parcels between five and 10 acres in size, up to 1.25 percent of the size of the parcel, not to exceed 5,100 square feet. On parcels larger than 10 acres, up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet. |
C-4/Class C-4 M/Class M | Canopy may not to exceed 22,000 square feet. Immature plant growth area may not exceed 11,000 square feet. Inside the Coastal Zone, cultivation area shall not exceed 22,000 square feet. |
TP/Class TP** | Up to 1.25 percent of the size of the parcel not to exceed 10,000 square feet. After three years of continuous operations canopy limits may be expanded up to 10 percent of the size of the parcel at the discretion of the Licensing Official. |
SU-AG, SU-R-R, SU-R-M/Class SU | Up to 1.25 percent of the size of the parcel, not to exceed 10,000 square feet. After three years of continuous operations, canopy limits may be expanded up to 10 percent of the size of the parcel at the discretion of the Licensing Official. |
SU-I/Class SU | Up to 1.25 percent of the size of the parcel, not to exceed 22,000 square feet. After three years of continuous operations, canopy limits may be expanded up to 10 percent of the size of the parcel at the discretion of the Licensing Official. |
CG (CA, A, RA, TP and SU-R-R, R-M or AG)/Class CG | 500 square feet. |
* | The Cannabis Licensing Official may set a larger cannabis cultivation area in CA zone districts, subject to the following criteria (see also Chapter 7.128 SCCC): |
(i) | Cultivation occurs on a single parcel, indoors, not inside the Coastal Zone or within one mile beyond the Coastal Zone. |
(ii) | Development, including all site disturbance necessary to construct, reconstruct or remodel the building(s) and infrastructure to serve the buildings, including but not limited to parking, access, turn around, water supply, equipment, and storage, occurs only where the ground is covered with existing impermeable surface. The impermeable area where development will occur must have been duly permitted or be legally non-conforming pursuant to SCCC §§ 13.10.260, 13.10.261, and 13.10.262, and must have existed prior to April 18, 2019. |
(iii) | Development of an indoor cultivation structure on a CA parcel will include additional conditions of approval to ensure protection of agricultural resources. |
** | With a TP license, canopy may only be expanded on eligible sites to the maximum size identified in (i) and (ii) above upon specific application to expand, and only in conjunction with the additional restrictions set forth in subsection (B)(9)(b) of this section. |
(4)
Setbacks.
(a)
Commercial cannabis cultivation shall not be allowed within 600 feet of (i) a municipal boundary; (ii) a school, a day care center, or youth center; (iii) a library; (iv) an alcohol or drug treatment facility; or (v) any park other than a State park located within the urban area defined by the Urban Services Line.
(b)
Commercial cannabis cultivation shall not be allowed within one-quarter mile of a school if pesticides may be applied using aircraft, air blast sprayers, sprinklers, dust, powder, fumigants, or any other method which may cause the pesticide to travel outside of the property boundary.
(c)
Commercial cannabis nursery operations, including both indoor and within an enclosed cultivation (such as an agricultural shade structure as defined by SCCC § 12.10.315(A)(11)) within the CA zone district shall not be allowed within 50 feet of any habitable structure on a neighboring parcel. Indoor commercial cannabis cultivation shall not be allowed within 200 feet of any habitable structure on a neighboring parcel except in the CA zone district where indoor commercial cannabis cultivation shall not be allowed within 100 feet of any habitable structure on a neighboring parcel. Outdoor commercial cannabis cultivation shall not be allowed within 400 feet of any habitable structure on a neighboring parcel.
(d)
Commercial cannabis cultivation shall not be allowed within 300 feet of a State park located within the urban area defined by the Urban Services Line.
(e)
On parcels ranging in size from one to five acres, commercial cannabis cultivation shall not be allowed within 100 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.
(f)
On parcels ranging in size from five to 10 acres, commercial cannabis cultivation shall not be allowed within 200 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.
(g)
On parcels over 10 acres in size, commercial cannabis cultivation shall not be allowed within 300 feet of a public right-of-way. This setback does not apply when the cultivation is entirely indoors.
(h)
Commercial cannabis cultivation shall not be allowed within 100 feet of a perennial stream.
(i)
Commercial cannabis cultivation shall not be allowed within 50 feet of an intermittent stream or within the setbacks required by Chapter 16.30 SCCC (Riparian Corridor and Wetlands Protection) or Chapter 16.32 SCCC (sensitive habitats).
(j)
Commercial cannabis cultivation shall not be allowed within 50 feet of an ephemeral stream or within the setbacks required by Chapter 16.30 SCCC (Riparian Corridor and Wetlands Protection) or Chapter 16.32 SCCC (sensitive habitats).
(k)
Commercial cannabis cultivation shall not be allowed within 100 feet of the high-water mark of a lake, estuary, lagoon, or natural body of standing water.
(l)
For purposes of this section, "school" means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.
(m)
For purposes of this section, "park" means any playground, hiking or riding trail, recreational area, beach, community center or building, historic structure or facility, conservation land, biological mitigation area, or open space owned, managed or controlled by any public entity or conservation entity such as a nonprofit land trust.
(n)
The distance specified in this subsection for municipal boundaries, schools, day care centers, youth centers, libraries, and drug treatment facilities shall be the horizontal distance measured in a straight line from the municipal boundary, school, library, park, and drug treatment facility to the closest property line of the parcel on which cannabis is being cultivated, without regard to intervening structures.
(o)
The distance specified in this subsection for public rights-of-way, streams, and habitable structures shall be the horizontal distance measured in a straight line from the public right-of-way, streams and water areas, or habitable structure and the growing area on the cultivation site, without regard to intervening structures.
(p)
Exceptions.
(i)
Excluding setbacks required by Chapter 16.30 or 16.32 SCCC, exceptions to the setback rules set forth herein may be allowed subject to a Level 5 approval process with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the cultivation site (such as topography, intervening structures or vegetation, etc.) reduce the setback distance necessary to protect the subject public interest. Notwithstanding the foregoing, no exception shall be granted allowing a setback of less than 100 feet from a habitable structure on a neighboring parcel, except that in the M-1 and C-2 zone districts, the setback from a legal nonconforming habitable structure on a neighboring parcel may be reduced to below 100 feet or eliminated, subject to a Level 5 approval process under this subsection (C)(4)(p).
(ii)
Exceptions to the setback rules set forth herein may be allowed for indoor cultivation operations in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the cultivation facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(5)
Height.
(a)
New cannabis related structures in the A zoning district shall not exceed 28 feet in height.
(D)
Commercial Cannabis Manufacturing.
(1)
Zoning. Subject to the limitations set forth in subsections (D)(2) and (3) of this section, commercial cannabis manufacturing uses may be permitted, as follows:
(a)
Class 1 and Class 2 commercial cannabis manufacturing uses are limited to the following zoning districts: CA (Commercial Agriculture), A (Agriculture), RA (Residential Agricultural), TP (Timber Production), C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), and SU (Special Use) where the General Plan designation of the parcel is "R-R" (Rural Residential), "R-M" (Mountain Residential) "AG" (Agricultural) or "I" (Industrial).
(b)
Class 3 commercial cannabis manufacturing uses are limited to the following zoning districts: CA (Commercial Agriculture), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), and M-3 (Mineral Extraction Industrial).
(2)
Restrictions.
(a)
In the geographic area designated as the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis manufacturing may only take place within legal structures existing on the effective date of the ordinance adopting this section.
(b)
Within the RA zone district, extraction activities involving ethanol or CO2 shall be prohibited on parcels less than five acres in size.
(c)
All Class 3 commercial cannabis manufacturing uses must be located within a 10-minute response time of a fire station. If unable to meet this requirement, a fire clearance shall be required to verify that the facility can safely operate while protecting public health, safety and welfare. No facility shall be established beyond a 20-minute fire response time from the nearest responsible fire station in rural areas.
(d)
Cannabis manufacture facilities shall be inaccessible by the general public and should be fully enclosed if feasible.
(e)
Cannabis manufacturing uses within the A, RA and TP zone districts and on parcels within SU zone districts where the General Plan designation is "R-R" (Rural Residential), "R-M" (Mountain Residential) or "AG" (Agriculture) may be permitted only on a parcel that contains a detached single-family dwelling. No manufacturing activities may be undertaken in a dwelling, whether as a home occupation pursuant to SCCC § 13.10.613 or otherwise, but activities in a legal accessory structure may be permitted subject to all applicable restrictions. All manufacturing uses in the A and RA zone districts and on parcels within the SU zone district where the General Plan designation is R-R, R-M or AG that include employees (excepting the owner of the parcel) shall require a Level 5 approval; provided, however, that the number of employees (excepting the owner of the parcel) for any manufacturing use on parcels in the RA zone district and on parcels within the SU zone district where the General Plan designation is R-R, R-M or AG shall be limited to five.
(f)
Cannabis manufacturing uses in the A, RA and TP zone districts and on parcels within SU zone districts where the General Plan designation is "R-R" (Rural Residential), "R-M" (Mountain Residential) or "AG" (Agriculture) shall be ancillary to licensed commercial cannabis cultivation on the parcel and import of cannabis material for onsite manufacturing may be permitted only with a Level 5 approval, and only as long as manufacturing using imported material does not require new structural development or any additional employees.
(g)
In the C-2 zone district, commercial cannabis manufacturing is only allowed in conjunction with a licensed dispensary, unless a finding is made, upon recommendation of the Licensing Official, that a proposed stand-alone manufacturing facility within the C-2 zone is consistent with the General Plan and compatible with and will not adversely affect surrounding uses, based on consideration of site-specific conditions such as the location, surrounding zoning, size and/or orientation of the parcel and physical features such as grade or other physical separation from surrounding uses.
(3)
Setbacks. No cannabis manufacturing facility may be located within 600 feet from (i) a school, (ii) a day care center, or (iii) a youth center. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school, day care or youth center to the closest property line of the lot containing the manufacturing facility under review, without regard to intervening structures.
(a)
For purposes of this section, "school" means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.
(b)
Exceptions.
(i)
Exceptions to the setback rules set forth herein may be allowed subject to a Level 4 approval with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the manufacturing facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(ii)
Exceptions to the setback rules set forth herein may be allowed for Class 1 and Class 2 manufacturing facilities in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the cultivation facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(E)
Cannabis Distribution.
(1)
Zoning. Subject to the restrictions set forth in subsections (E)(2) and (3) of this section, commercial cannabis distribution uses may be permitted, as follows:
(a)
Cannabis distribution pursuant to a Class 1 license associated with commercial cannabis cultivation or manufacturing may be permitted in any zone district in which that use (cultivation or manufacturing, as applicable) is authorized.
(b)
Cannabis distribution pursuant to a Class 2 license may be permitted only in the C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), CA (Commercial Agriculture) zone districts, the SU (Special Use) zone district in accordance with SCCC § 13.10.382, and in the CA zone district within legal structures existing on the effective date of the ordinance codified in this section.
(c)
Cannabis distribution pursuant to a Transport Only license may be permitted only in the A (Agricultural), C-2 (Community Commercial), C-4 (Commercial Services), M-1 (Light Industrial), M-2 (Heavy Industrial), M-3 (Mineral Extraction Industrial), CA (Commercial Agriculture), PA (Professional and Administrative Offices) zone districts, and within: the RA (Residential Agricultural), RR (Rural Residential), R-1 (Single Family Residential), RB (Ocean Beach Residential), RM (Multifamily Residential), and TP (Timber Production) zone districts in accordance with SCCC § 13.10.613 (Home occupation standards).
(2)
Restrictions.
(a)
In the geographic area designated as the Coastal Zone, and within one mile beyond the Coastal Zone, commercial cannabis distribution may only take place within legal structures existing on the effective date of the ordinance adopting this section.
(b)
A distribution facility shall be inaccessible by the general public and should be fully enclosed if feasible.
(c)
Commercial cannabis Class 1 distribution uses in the RA and A zone districts shall be ancillary to licensed commercial cannabis cultivation on the parcel.
(d)
In the C-2 zone district, commercial cannabis distribution is only allowed in conjunction with a licensed dispensary, or licensed commercial cannabis manufacturing.
(e)
Transport Only distribution licensees may transport cannabis goods between State licensed cannabis businesses and are prohibited from storing cannabis goods.
(f)
Transport Only distribution licensees must provide a designated off-street parking location.
(g)
Transport Only distribution licenses for A, RA, RR, R-1, RB, RM and TP zone districts may only be issued where a residence is located on the licensee's parcel.
(h)
Transport Only distribution licenses for A, RA, RR, R-1, RB, RM and TP zone districts must conform with home occupation standards.
(3)
Setbacks.
(a)
No license may be issued to operate a cannabis distribution facility located within 600 feet from (i) a school, (ii) a day care center, or (iii) a youth center. The distance specified in this subsection shall be the horizontal distance measured in a straight line from the property line of the school to the closest property line of the lot containing the distribution facility under review, without regard to intervening structures.
(b)
For purposes of this section, "school" means any licensed preschool or any public or private school providing instruction in kindergarten or grades one to 12, inclusive, but does not include any private school in which education is primarily conducted in private residences.
(c)
Exceptions.
(i)
Exceptions to the setback rules set forth herein may be allowed subject to a Level 4 approval with a finding, upon recommendation of the Licensing Official, that the exception is appropriate because physical conditions specific to the distribution facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(ii)
Exceptions to the setback rules set forth herein may be allowed in the C-4 and M-1 zone districts within the Rodeo Gulch Area Zoning Overlay subject to a recommendation of the Licensing Official that an exception is appropriate because physical conditions specific to the distribution facility (such as topography, intervening vegetation or structures, etc.) reduce the setback distance necessary to protect the subject public interest.
(Ord. 5272 § 7, 2018; Ord. 5302 § 4, 2019; Ord. 5334 § 7, 2020; Ord. 5336 § 7, 2020; Ord. 5403 § 1, 2022; Ord. 5447 § 1, 2024; Ord. 5469, 1/28/2025)
13.10.651 Restaurants, bars and food outlets in the PA Zone District.
Repealed by Ord. 5423.
(Ord. 3432 § 1, 1983; Ord. 4346 § 34, 1994)
13.10.652 Drive-through uses. [1]
No drive-through dining establishments shall be permitted. Drive-through uses associated with other commercial businesses such as pharmacies, banks, car washes, and automobile repair shall be allowed subject to approval of an administrative site development permit and administrative use permit. The use permit may apply additional conditions on the drive-through use, such as limited hours of operation, as appropriate to the use and location. Drive-through facilities shall meet the design requirements in SCCC § 13.16.091, Drive-through facilities.
(Ord. 3432 § 1, 1983; Ord. 5423 § 30, 2022)
[1]
Code reviser's note: Ordinances 5423 and 5425, adopted simultaneously to implement the County's sustainability policy and regulatory update of 2022, both adopt amendments affecting SCCC § 13.10.652. The code reflects the County's intent of having the revisions of Ordinance 5423 remain in place and not repealed by Ordinance 5425. Contact the County for more information.
13.10.653 Machine shops in commercial zone districts.
Machine shops in commercial zone districts shall be operated within a completely enclosed building located 50 feet or more from any residential use; be limited to one horsepower or less motors used to operate lathes, drill presses, grinders, shapers, milling machines, saws, polishers, or metal cutters; exclude drop hammers, automatic screw machines, and punch presses in excess of five-ton capacity.
(Ord. 3432 § 1, 1983)
13.10.654 Night clubs, on-site liquor sales, live entertainment.
No dance hall, roadhouse, night club, commercial club, or any establishment where liquor is served, or commercial place of amusement or recreation, or any place where entertainers are provided whether as social companies or otherwise, shall be established in any district closer than 200 feet to the boundary of any residential or recreational district, unless a conditional use permit is first secured in each case. Dining establishments where beer or wine, but no liquor, is served with meals may be established less than 200 feet from a residential or recreational district upon issuance of an administrative use permit. If the beer or wine service is not exclusively incidental to meal service, the enterprise may be established only upon issuance of a conditional use permit. The distance from the establishment to the residential zone district is measured from the building or parking area, whichever is closest, to the nearest property boundary of the nearest residentially or recreationally zoned parcel.
(Ord. 3432 § 1, 1983; Ord. 5423 § 31, 2022)
13.10.655 Radio and TV towers.
Radio and television transmission towers and accessory uses thereto, but not including radio and television broadcasting studios, may be allowed in any district but not unless or until a Level V use approval or as otherwise required by the applicable use charts is first secured in each case.
(Ord. 3432 § 1, 1983; Ord. 4496-C § 55, 1998)
13.10.656 Construction of new gas stations, and conversion of existing gas stations.
Repealed by Ord. 5423.
(Ord. 3632 § 18, 1985; Ord. 4496-C § 56, 1998)
13.10.657 Regulation of sale of alcoholic beverages at automobile fueling/charging stations.
(A)
Authority. This section is adopted pursuant to and in conformity with Section 23790.5 of the California Business and Professions Code.
(B)
Purpose. The Board of Supervisors of the County of Santa Cruz deems it necessary to regulate the concurrent sale of alcoholic beverages and motor vehicle fuel for the purpose of protecting and promoting the health, safety, and welfare of the general public and the inhabitants of Santa Cruz County.
(C)
Prohibition as to Concurrent Sale of Alcoholic Beverages Other Than Beer or Wine. The concurrent retailing of alcoholic beverages (other than beer or wine for off-premises consumption) and motor vehicle fuel is prohibited.
(D)
Permit Required as to Concurrent Sale of Beer or Wine. A development permit including a Level V use approval shall be required to be obtained from the County by any new or by any existing automobile fueling/charging station which proposes to commence on or after January 1, 1989, the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption. All procedures for application, review, approval, appeal, enforcement, etc., shall be in accordance with Chapter 18.10 SCCC.
(E)
Required Findings. No development permit shall be issued for the concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption unless the following findings are made, supported by substantial evidence in view of the whole record:
(1)
The concurrent retailing of motor vehicle fuel with beer and wine for off-premises consumption will not significantly adversely affect the public health, safety, or welfare from increases in noise, traffic, and/or violations of traffic and other laws; and
(2)
The findings specified in SCCC § 18.10.230.
(F)
Conditions. Reasonable conditions shall be added to a development permit for the concurrent retailing of motor vehicle fuel with beer and wine, including but not limited to the following conditions:
(1)
No display of beer and/or wine shall be permitted within five feet of the cash register or of the front door unless it is a permanently affixed cooler as of January 1, 1988;
(2)
No advertisement or advertising of beer and/or wine shall be permitted on or at motor vehicle fuel islands;
(3)
No sale of beer and/or wine shall be permitted from a drive-in window;
(4)
No sale or display of beer and/or wine shall be permitted from an ice tub;
(5)
No self-illuminated advertising for beer and/or wine shall be located on buildings or in windows;
(6)
Employees on duty who sell beer and/or wine at automobile fueling/charging stations shall be at least 21 years of age; and
(7)
A period of time shall be specified requiring renewal or review of the development permit.
(G)
Violations. If there is a finding that a licensee or their employee has sold any alcoholic beverages (including beer and/or wine) to a minor at an establishment engaged in the concurrent retailing of motor vehicle fuel with beer and wine, the alcoholic beverage license at the establishment shall be suspended for a minimum period of 72 hours. This shall not constitute the exclusive remedy for such violation, but rather shall be cumulative to all other enforcement methods available to the County, including, without limitation, those enforcement methods available where the County Zoning Ordinance has been violated.
(H)
Severability. If any part of this section is for any reason held to be invalid by the final judgment of any court, such judgment shall not affect the validity of the remaining portion of this section.
(Ord. 3669 § 2, 1985; Ord. 3943 §§ 2, 3, 1988; Ord. 3965 §§ 2, 3, 1988; Ord. 5423 § 32, 2022)
13.10.658 Recycling facilities.
(A)
The criteria and standards for recycling facilities permitted as an accessory or appurtenant use are as follows:
(1)
Reverse Vending Machines.
(a)
Shall be established in conjunction with a commercial, community facility or public facility use which is in compliance with the zoning, building, and fire codes of the County of Santa Cruz.
(b)
Shall, when associated with a commercial use, be located within 30 feet of the entrance to the commercial structure and shall not obstruct pedestrian or vehicular circulation.
(c)
Shall be constructed and maintained with durable waterproof and rustproof material and shall be covered.
(d)
Shall be clearly marked to identify the type of material to be deposited.
(e)
Shall have a sign area of a maximum of four square feet and sign(s) shall be attached to the machine.
(f)
Shall be no more than 80 cubic feet in bulk and no more than eight feet in height per machine.
(g)
The operator of the reverse vending machine and the business operator or community facility or public facility operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the reverse vending machines.
(h)
Reverse vending machines located within a commercial structure, or community facility or public facility structure, do not require any permits under this code.
(2)
Small Collection Facilities.
(a)
Facility shall be established in conjunction with a commercial use, or commercial use or public facility use which is in compliance with the zoning, building and fire codes of the County of Santa Cruz;
(b)
Containers shall be constructed and maintained with durable waterproof and rustproof material and shall be covered at all times when not attended;
(c)
Containers shall be clearly marked to identify the type of recyclable materials which may be deposited;
(d)
Facility shall be clearly marked to identify the name and telephone number of the facility operator;
(e)
Site shall be swept and maintained in a dust-free, litter-free condition on a daily basis;
(f)
The facility shall be placed on a site so as not to obstruct on-site or off-site pedestrian or vehicular circulation, or any loading facilities;
(g)
Facility shall be set back at least 10 feet from any street line;
(h)
The facility shall not impair the landscaping required for any concurrent use by the County Code or any permit issued pursuant thereto;
(i)
Noise level shall not at any time exceed 60 dBA as measured at the property line of any residentially zoned or residential use property; otherwise shall not exceed 65 dBA;
(j)
Facility shall not include power-driven sorting and/or consolidation equipment such as crushers, balers, or bulk reverse vending machines;
(k)
Signs may be provided as follows:
(i)
Unattended container not over 80 cubic feet in bulk and not over eight feet in height may have a maximum sign area of four square feet;
(ii)
Other containers or units may have one or more flat-mounted signs on each side, no larger in total area than 20 percent of the surface area of the side, or 45 square feet per side, whichever is less;
(iii)
No illuminated signs;
(iv)
Signs must be consistent with the character of the location;
(l)
Use of the facility for collection or disposal of refuse or hazardous material as defined in SCCC § 7.20.020, § 7.96.020, or § 7.100.020 is prohibited;
(m)
Facility shall be removed from the site no later than the day following permit expiration;
(n)
Attended facilities shall be in operation only during the hours of operation of the commercial use, or community facility or public facility use, unless permission otherwise is given by the commercial, community facility or public facility use;
(o)
The facility shall conform to all development regulations for the zoning district in which it is located;
(p)
Parking requirements for small collection facilities shall conform to SCCC § 13.16.070(F);
(q)
The recycling collection facility operator and commercial use or community facility or public facility use operator shall, on a daily basis, remove any and all recyclable materials or refuse which has accumulated or is deposited outside the containers, bins, or enclosures intended as receptacles for such materials;
(r)
Small collection facilities are encouraged to accept all types of recyclable materials including, but not limited to, newspapers, cardboard, used motor oil, and all types of beverage and food containers made form aluminum, nonaluminum metal, glass, and plastic, and in appropriate circumstances the County may require a small collection facility to accept any or all of the recyclable materials mentioned in this subsection as a condition of the issuance of such small collection facility permit.
(B)
The following recycling collection facilities, which were in existence on July 23, 1987, are legal nonconforming uses in the zone district in which they are located and are subject to SCCC § 13.10.260, § 13.10.261, and § 13.10.262; provided, that all such collection facilities are associated with a legal conforming use and can demonstrate permission from the property owner to occupy the site:
(1)
Mobile buy-back or drop-off multi-material recycling collection in one location for less than eight hours in any seven-day period;
(2)
Stationary drop-off of newspapers utilizing placement of an unattended covered or closeable drop box or bin;
(3)
Stationary drop-off of household goods or clothes for resale or recycle through a charitable organization such as the Salvation Army or Goodwill Industries.
(Ord. 3843 § 7, 1987; Ord. 4525 § 9, 1998; Ord. 5061 § 19, 2009; Ord. 5119 § 32, 2012)
13.10.659 Regulations for the siting, design, and construction of wireless communication facilities.
Repealed by Ords. 4714, 4743 and 4769.
(Ord. 4629 § 1, 2001; Ord. 4631 § 1, 2001)
13.10.660 Regulations for the siting, aesthetics, operation, and construction of wireless communication facilities.
(A)
Purpose. The purpose of this section through SCCC § 13.10.664 is to establish regulations for the siting, aesthetics, operation, construction, and modification of wireless communication facilities in the unincorporated areas of Santa Cruz County, while minimizing adverse visual and operational effects of such facilities. The regulations in these sections are intended to be consistent with State and Federal law, particularly the Federal Telecommunications Act of 1996, in that they are not intended to: (1) be used to unreasonably discriminate among providers of functionally equivalent services; (2) have the effect of prohibiting wireless communication facilities within Santa Cruz County; or (3) have the effect of prohibiting the siting of wireless communication facilities on the basis of the environmental/health effects of radiofrequency emissions, to the extent that the services and facilities comply with the regulations of the Federal Communications Commission concerning such emissions.
(B)
Definitions.
(1)
"Alternatives analysis"
means the evaluation and consideration of various options in siting, design, and construction of wireless communication facilities, including a detailed report on the approach, methods, and information employed in the site and facility selection process.
(2)
"Application"
means a formal request, including all required and requested fees, forms, documentation, and information submitted by an applicant to the County for a wireless communication facility permit.
(3)
"Applicant"
means a person or entity filing an application for placement or modification of a wireless communication facility.
(4)
"Base station"
shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b), or any successor provision.
(5)
"Camouflage"
means the incorporation of elements and/or techniques designed to mask or blend a wireless communication facility with the surrounding environment in such a manner to minimize its visual intrusion on the surrounding environment.
(6)
"Co-location"
means the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radiofrequency signals for communications purposes. "Co-location" also means when more than one wireless service providers share a single wireless communication facility. A co-located facility can be comprised of a tower, pole, or structure that supports one or more antennas, dishes, or similar wireless communication devices, that are separately owned or used by more than one public or private entity.
(7)
"County Code"
means the Santa Cruz County Code.
(8)
"County infrastructure"
means County-owned or controlled property structures, objects, and equipment in the public rights-of-way, including, but not limited to, streetlights, traffic control structures, banners, street furniture, or other poles, lighting fixtures, or electroliers located within the public rights-of-way.
(9)
"CPUC"
means the California Public Utilities Commission.
(10)
"Director"
means the Director of the Santa Cruz County Community Development and Infrastructure Department or their designee.
(11)
"Eligible facilities request"
shall have the meaning as set forth in 47 C.F.R. Section 1.6100(b)(3), or any successor provision, which defines the term to mean any request for modification of an existing tower or base station that does not substantially change the physical dimensions of such tower or base station and involves co-location of new wireless equipment, the removal of wireless equipment, or the replacement of wireless equipment.
(12)
"Equipment shelter"
means a ground-mounted, fully enclosed cabinet or underground vault containing equipment serving wireless antenna.
(13)
"FCC"
means the Federal Communications Commission or its lawful successor.
(14)
"Least visually obtrusive"
means any technically feasible, viable, and environmentally superior facility site and/or design alternatives, as demonstrated by the alternative analysis, that render the facility the most visually inconspicuous relative to other sites and/or designs. It does not mean that the facility must be completely hidden, but it may require screening or other camouflaging so that the facility is not immediately recognizable as a wireless communication facility within the visual setting and from scenic resources.
(15)
"Public right-of-way"
shall have the same meaning as in SCCC § 9.70.030(H) but shall also include any portion of any road or public way which the County has the responsibility to maintain or manage.
(16)
"Right-of-way"
means all land or interest therein, which by deed, conveyance, agreement, easement, dedication, usage, or process of law is reserved for or dedicated to the use of the public for road and street purposes.
(17)
"Radiofrequency emissions" or "RF emissions"
means radiation from the portion of the electromagnetic spectrum with frequencies below the infrared range (approximately 100 GHz and below), including microwaves, television VHF and UHF signals, radio signals, and low to ultra-low frequencies.
(18)
"Significant gap"
means a gap in a wireless provider's own wireless services that is significant as certified by the wireless carrier.
(19)
"Small cell wireless facility" or "small cell facility"
means a type of wireless communication facility that has the same meaning as set forth in 47 C.F.R. Section 1.6002(l), or any successor provision, which defines the term to mean a wireless communication facility where each antenna is no more than three cubic feet in volume, the associated wireless equipment is no more than 28 cubic feet in volume, and the facility is mounted on structures 50 feet or less in height, including antennas, or mounted on structures no more than 10 percent taller than adjacent structures, or that do not extend existing structures on which it is located to a height of more than 50 feet or by more than 10 percent, whichever is greater.
(20)
"Stealth"
means a design with concealment elements so visibility of any antenna or other transmission equipment associated with the facility is generally unnoticeable and so that the wireless facility fits into the context of its surroundings. By way of example, and not of limitation, a faux pine tree in an area with other natural pine trees would be considered stealth.
(21)
"Support structure"
means any structure supporting a base station, small cell site, tower, wireless antenna or other wireless communication facility equipment.
(22)
"Technically feasible"
means capable of being accomplished based on existing technology compatible with an applicant's existing network.
(23)
"Tower"
means any structure built for the sole or primary purpose of supporting any FCC-licensed or authorized antennas and their associated facilities, including structures that are constructed for personal wireless services including, but not limited to, private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul, and the associated site. This definition does not include utility poles.
(24)
"Underground areas"
means those areas where there are no electrical facilities or facilities of the incumbent local exchange carrier in the right-of-way; or where the wires associated with the same are or are required to be located underground; or where the same are scheduled to be converted from overhead to underground. Electrical facilities are distribution facilities owned by an electric utility and do not include transmission facilities used or intended to be used to transmit electricity at nominal voltages in excess of 35,000 volts.
(25)
"Utility pole"
means a long, slender, usually cylindrical structure in the right-of-way designed to support electric, telephone, and similar utility lines. A tower is not a utility pole.
(26)
"Viable"
means when an alternative site for which there is a property owner/manager interested in renting, leasing, selling, or otherwise making available, space for one or more wireless communication facilities upon said site on reasonable terms commensurate with the market in Santa Cruz County.
(27)
"Visual impact"
means the placement or design of a wireless communication facility or the associated equipment such that they are not fully screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.
(28)
"Wireless communication facility, or wireless facility"
means the transmitters, antenna structures, and other types of installations used for the provision of personal wireless services at a fixed location, including without limitation small cell facilities, any associated tower(s), support structure(s), and base station(s).
(29)
"Wireless equipment" or "equipment"
means the necessary items associated with an antenna used for wireless communication, including without limitation: shelters, cabinets, generators, power sources, cables, wires, conduits, and switches.
(30)
"Wireless encroachment permit"
means a permit issued pursuant to this chapter authorizing the placement or modification of a wireless facility of a design specified in the permit at a particular location within the right-of-way; and the modification of any existing support structure to which the wireless facility is proposed to be attached.
(31)
"Wireless regulations"
means this section through SCCC § 13.10.664, inclusive, and any other regulations adopted by the Santa Cruz County Board of Supervisors to implement the provisions of this chapter related to wireless facilities. The regulations comply with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, applicable regulations, orders, and decisions of the Federal Communications Commission and the California Public Utilities Commission and applicable State law. The regulations are designed to regulate the siting, aesthetics, construction, modification, and operation of wireless communication facilities in the unincorporated area of Santa Cruz County, and do not supersede Federal and State authority.
(32)
"Wireless service provider"
means an entity that provides wireless services to end users.
(C)
Restrictions.
(1)
Federal and State Regulations. All wireless communication facilities shall comply with the Communications Act of 1934, as amended by the Telecommunications Act of 1996, applicable regulations, orders, and decisions of the FCC and CPUC and applicable State law.
(2)
Radiofrequency Emissions. All wireless communication facilities shall comply with all standards and regulations of the FCC and any other State or Federal government agency with the authority to regulate RF exposure standards. After transmitter and antenna system optimization, but prior to unattended operations of the facility, permittee or its representative must conduct and provide evidence of on-site, post-installation RF emissions testing to demonstrate actual compliance with the FCC OET Bulletin 65 RF emissions safety rules for general population/uncontrolled RF exposure in all sectors. For this testing, the transmitter shall be operating at maximum operating power, and the testing shall occur outwards to a distance where the RF emissions no longer exceed the uncontrolled/general population limit.
(3)
Federal Aviation Administration Regulations. All wireless communication facilities shall comply with all applicable Federal Aviation Administration ("FAA") regulations, including requirements of Part 77 of Title 14 of the Code of Federal Regulations regarding installations close to airports, and the State Aeronautics Act (Part 1 (commencing with Section 21001) of Division 9 of the Public Utilities Code).
(4)
Zoning. New wireless communication facilities outside of public rights-of-way are prohibited in the following zoning districts: CA, R-1, RM, RB, and MH, unless the proposed facility is a small wireless facility, or is co-located on an existing facility, or modifies an existing facility, or the applicant provides documentation prepared by a qualified professional engineer to enable the County to find:
(a)
The proposed facility eliminates or substantially reduces one or more significant gaps in the applicant carrier's network; and
(b)
The proposed facility is located on the least visually obtrusive site and least visually obtrusive portion of the site, where the applicant provides substantial evidence that it chose the best solution for the community after a meaningful comparison of alternative sites and designs, including but not limited to considering less sensitive sites, alternative system designs, alternative tower designs, placement of antennas on existing structures, and other viable, technically feasible, and environmentally (i.e., visually) equivalent or superior potential alternatives.
(5)
Coastal Zone. All wireless communication facilities in any portion of the Coastal Zone shall be consistent with the County Local Coastal Program and the California Coastal Act. No portion of a wireless communication facility shall extend onto or impede access to a publicly used beach. Power and telecommunication lines servicing wireless communication facilities in the Coastal Zone shall be required to be placed underground unless the County identifies an environmentally superior alternative. New wireless communication facilities located between the sea and the seaward side of the first through public road parallel to the sea and within mapped scenic resource areas in the Coastal Zone shall be prohibited unless the applicant complies with subsections (C)(4)(a) and (b) of this section.
(D)
Exemptions. Wireless communication facilities intended solely for personal, noncommercial uses, such as short-wave radio, by occupants of the site on which such facilities are located, are exempt from provisions of the County's wireless regulations but are subject to restrictions which pertain to buildings or structures in the zoning district in which such facilities are located. Wireless communication facilities located on County-owned property or on privately owned property used solely for public or quasi-public use are exempt.
(E)
Siting Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.
(1)
Co-location. New wireless communication facilities shall be required to be co-located onto existing facilities, base stations, or utility poles, unless there is no existing facility that would provide substantially similar coverage and the proposed facility is visually screened, camouflaged, or otherwise integrated into the surrounding character or scenic resource.
(2)
Setbacks. Wireless communication facilities and any above-ground equipment, excepting fencing or barriers, shall comply with the setback standards for the applicable zoning district. Depending upon specific site constraints and circumstances, this requirement may not apply to antennas proposed to be co-located on existing facilities, base stations, or utility poles, nor to underground equipment shelters, if the required setbacks would prohibit the use of the proposed facility site.
(3)
Scenic Resources. Wireless communication facilities proposed in mapped scenic areas, scenic road viewsheds, ridgelines, hilltop locations, or locations visible from public beaches shall be hidden from public view, to the maximum extent feasible, and shall incorporate camouflage and stealth techniques to minimize visual impacts. Wireless communication facilities proposed in mapped scenic areas, scenic road viewsheds, ridgelines, hilltop locations, or locations visible from public beaches within the Coastal Zone shall be prohibited unless the applicant complies with subsections (C)(4)(a) and (b) of this section.
(4)
Visual Setting. New wireless communication facilities shall utilize existing natural or human-made features, including but not limited to topography, vegetation, buildings, or other structures, to conceal and integrate the facility into the visual environment to the extent feasible.
(5)
Visual Impact Mitigation. Special design of wireless communication facilities is required to mitigate potentially significant adverse visual impacts, including appropriate camouflaging or utilization of stealth techniques. Use of less visually obtrusive design alternatives, such as a small cell facility, is encouraged. Telecommunication towers camouflaged to look like trees (e.g., "monopines") may be favored on wooded sites with existing similar looking trees where they can be designed to adequately blend with and/or mimic the existing trees. In other cases, stealth-type structures that mimic structures typically found in the built environment where the facility is located may be appropriate (e.g., small-scale water towers, barns, and other typical farm-related structures on or near agricultural areas). Rooftop or other building-mounted antennas designed to blend in with the building's existing architecture is required. Co-location of new wireless communication facilities is required pursuant to subsection (E)(1) of this section. Owners/operators of wireless communication towers/facilities are required to maintain the appearance of the tower/facility, as approved, throughout its operational life. Public vistas from scenic roads, as designated in General Plan/LCP Section 5.10.10, shall be afforded the highest level of protection.
(F)
Aesthetic Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.
(1)
Screening. All components of wireless communication facilities and associated enclosures shall be designed to include stealth, camouflage, or screening techniques appropriate to the proposed location, design, visual environment, and nearby uses and/or structures. Landscape plans shall be prepared by a qualified professional and shall be designed to provide long-term screening of the facility. Only species that are native to Santa Cruz County shall be used as vegetative screening, with a preference for species that are native to the specific location of the wireless facility. Visual screening shall be maintained/restored including visual screening impacted by any maintenance on the wireless communication facilities.
(2)
Coating. All wireless communication facilities shall be constructed of and/or covered with nonflammable material, unless otherwise specified by the County. All components of wireless communication facilities shall be of a color approved by the County, shall be nonreflective, and shall be repainted and maintained in good repair.
(3)
Lighting. Constant lighting shall be prohibited unless otherwise required under FAA regulations. Permittees shall install only timed or motion-sensitive lights and design all lights associated with the wireless communication facility, other than lighting that may be required by FAA regulation, shall be downcast so that direct light rays shall be confined to the premises and light intensity minimized to the extent feasible.
(4)
Facility Type. Wireless communication facilities shall be self-supporting monopoles, towers, or other concealment structures whether free-standing or mounted on structures.
(5)
Supporting Equipment. Supporting equipment, such as equipment shelters, may be required to be placed underground, if required by the Director. Supporting equipment not placed underground shall be located and designed to minimize its visibility and, if appropriate, to disguise it to render it less conspicuous. Supporting equipment shall be no taller than 12 feet in height and shall blend with existing architecture and/or the natural surroundings in the area or shall be screened from sight by mature landscaping.
(G)
Construction Requirements for Wireless Communication Facilities Outside of Public Rights-of-Way.
(1)
Height. All towers shall be designed to be the shortest height technically feasible to minimize visual impacts. The height of a free-standing facility shall be measured from the existing undisturbed ground surface below the center of the base of the facility to the top of the facility itself or, if higher, to the tip of the highest antenna or piece of equipment attached thereto. In the case of structure-mounted facilities, the height of the facility includes the height of the structure directly below the facility. The maximum facility/antenna heights allowed in each zone district are as follows:
Zone District | Structure-Mounted | Free-Standing |
|---|---|---|
Residential and Timber Production (TP, inside the Coastal Zone) | 50 feet | 75 feet |
Nonresidential | 60 feet | 85 feet |
Timber Production (TP, outside the Coastal Zone) | 125 feet | 150 feet |
(2)
Height Exceptions. Any applications for facilities of a height more than the allowed height for facilities in each zone district per subsection (G)(1) of this section must include a written justification proving the need for a facility of that height and comply with subsections (C)(4)(a) and (b) of this section.
(H)
Operations and Maintenance.
(1)
Fire Prevention and Emergency. All wireless communication facilities shall be designed and operated in such a manner so as to minimize the risk of igniting or intensifying a fire. To this end, all of the following measures shall be implemented for all wireless communication facilities, when determined necessary by the County Fire Marshal or Fire District Fire Chief:
(a)
At least one-hour fire resistant interior surfaces shall be used in the construction of all buildings;
(b)
Rapid entry (KNOX) systems shall be installed as required by the Fire Chief;
(c)
Type and location of vegetation, screening materials and other materials within 10 feet of the facility and all new structures, including telecommunication towers, shall be reviewed for fire safety purposes by the Fire Chief. Requirements established by the Fire Chief shall be followed;
(d)
All tree trimmings, debris, and refuse surrounding the facility shall be regularly removed from the site; and
(e)
For the protection of emergency response personnel, each wireless facility shall have an on-site emergency power shut-off ("kill switch") to de-energize all facilities at the site in the event of an emergency.
(2)
Noise. All wireless communication facilities shall be constructed and operated in such a manner as to minimize the amount of disruption caused to nearby properties. The following measures shall be implemented for all wireless communication facilities:
(a)
Outdoor noise producing construction activities shall only take place on nonholiday weekdays between the hours of 8:00 a.m. and 6:00 p.m., unless allowed at other times by the Director; and
(b)
Backup generators shall only be operated during power outages and for testing and maintenance purposes. Such generators shall comply with the noise thresholds of the General Plan Noise Element at the property line.
(I)
Administration.
(1)
The Director is responsible for administering the County's wireless regulations. As part of the administration of these regulations, the Director may:
(a)
Interpret the provisions of this section through SCCC § 13.10.664 and any other wireless regulations adopted by the Board of Supervisors;
(b)
Develop forms, procedures, administrative practice guidelines, and application requirements related to siting or modification of wireless facilities;
(c)
Determine the amount of and collect, as a condition of accepting any application, the fees established by resolution of the Board of Supervisors or the County Code;
(d)
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;
(e)
Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(f)
Subject to appeal as provided in Chapter 18.10 SCCC, determine whether to approve, approve subject to conditions, or deny an application; and
(g)
Take such other steps as may be required to timely act upon applications for siting of wireless facilities, including issuing written decisions and entering into agreements with applicants to extend the time for action on an application.
(2)
Appeal. Any person adversely affected by the decision of the Director pursuant to this section may appeal the Director's decision in accordance with the provisions contained in Chapter 18.10 SCCC, Article VI.
(J)
Termination/Abandonment of Wireless Communication Facilities. The site shall be restored as nearly as possible to its natural or preconstruction state within six months of termination of use or abandonment of the site. Applicant shall enter into a site restoration agreement, subject to the approval of the Director.
(Ord. 5439 § 8, 2023)
13.10.661 Applications for wireless communication facilities.
(A)
General Requirements. New wireless communication facilities shall comply with all applicable goals, objectives, and policies of the General Plan/Local Coastal Program, area plans, zoning regulations, and development standards; and all applications for wireless communication facilities shall be subject to review under Chapter 18.10 SCCC, shall be subject to the California Environmental Quality Act, and shall not be accepted as submitted or reviewed until an application fee is received.
(1)
Preapplication Meeting. Prior to application submission, an applicant is strongly encouraged, not required, to schedule a preapplication meeting with the Director to discuss the proposed facility, the requirements of the wireless regulations, and any potential impacts of the proposed facility. This meeting shall not be considered the first required step in submission of an application.
(2)
Application Fee(s). The first required step in the application submission process is the payment and receipt of the application fee(s). The Board of Supervisors is authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless permit unless paid as a refundable deposit.
(3)
Submission. An applicant shall submit a paper copy, unless the County advises otherwise, and an electronic copy of any application, amendment or supplement to an application, or responses to requests for information regarding an application to the Director at the County Planning Department, 701 Ocean Street, Room 400, Santa Cruz, California, 95060.
(4)
Content. An applicant shall submit an application on the forms approved by the Director, which may be updated from time to time, and which shall require, in addition to submittal requirements specified in Chapter 18.10 SCCC, the submission of all required fees, documents, information, and any other materials necessary to allow the Director to make required findings and ensure that the proposed facility will comply with applicable local, State, and Federal law and will not endanger the public health, safety, or welfare. The application shall include a completed checklist, on a form supplied by the County, representing that each item required for a complete application is included in the submission.
(5)
Waivers. Requests for waivers from any requirement of the wireless regulations shall be made in writing to the Director. The Director may grant or deny a request for a waiver pursuant to this subsection. The Director may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the County will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be granted only on a case-by-case basis and narrowly tailored to minimize deviation from the requirements of this code.
(6)
Rejection for Incompleteness. For all wireless communication facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. If such an application is incomplete, the Director shall notify the applicant and specify the material omitted from or information needed to complete the application.
(B)
Required Permits. All new wireless communication facilities, except as provided by subsection (C) of this section and SCCC § 13.10.662 and § 13.10.663, shall be subject to a development permit. All projects located within the Coastal Zone shall require a coastal development permit, unless otherwise exempt or excluded. Additionally, a building permit will be required for construction of new wireless communication facilities.
(C)
Ministerial Review.
(1)
The following applications shall be processed ministerially:
(a)
Co-located wireless communication facilities mounted on existing structures, not otherwise subject to SCCC § 13.10.662; and
(b)
Wireless communication facilities mounted on commercial, industrial, or public facilities within the PF, C-1, C-2, C-4, M-1, M-2, or M-3 zone districts.
(2)
Exceptions. The Director shall require discretionary review for applications when appropriate due to sensitive location within a designated or protected scenic area, historic site, sensitive habitat, coastal zone, or site visible from a scenic road or public beach, or if, in the opinion of the Director, the project merits discretionary review. Wireless communication facilities proposed in prohibited and/or restricted zone districts or areas shall not be eligible for ministerial review.
(3)
Criteria. The required criteria for ministerial review shall be as follows:
(a)
Criteria for co-located wireless communication facilities mounted on existing structures, not otherwise subject to SCCC § 13.10.662 and located outside the Coastal Zone.
(i)
For towers outside the public rights-of-way and for all base stations, the co-location qualifies as an eligible facilities request as defined in this chapter; or
(ii)
For all other co-locations none of the conditions in SCCC § 13.10.663(G)(3) through (G)(6) are found.
(iii)
For co-locations where the existing wireless communications facilities are not adequately camouflaged or concealed, the proposed and existing facilities shall meet the standards in subsection (C)(3)(b)(i) of this section or, if unable, subsection (C)(3)(b)(ii) of this section.
(b)
Criteria for wireless communication facilities mounted on commercial, industrial, or public facilities within the PF, C-1, C-2, C-4, M-1, M-2, or M-3 zone districts and located outside the Coastal Zone.
(i)
The wireless communication facility, including antennas, cables and cable trays, and equipment and equipment areas, must be a completely concealed and integrated facility, meaning a wireless communication facility that is indistinguishable from the built and/or natural environment of the surrounding area; or
(ii)
For wireless communication facilities that cannot be completely concealed and integrated with the existing building, all components of the facility shall be architecturally integrated with the existing building to the extent feasible, meaning the wireless communication facility is designed to blend into the surrounding environment or match a building's architectural features and be minimally visible.
(D)
Discretionary Review.
(1)
Required Findings. To grant a development permit for a wireless communication facility, excluding projects processed ministerially under subsection (C) of this section, SCCC § 13.10.662, or § 13.10.663, the approving body must make the required development permit findings (Chapter 18.10 SCCC) and, if applicable, the required coastal development permit findings (Chapter 13.20 SCCC), as well as the following findings:
(a)
Either:
(i)
The development of the proposed wireless communications facility, as conditioned, will not significantly affect any designated visual resources, environmentally sensitive habitat (as defined in the Santa Cruz County General Plan/LCP Sections 5.1, 5.10, and 8.6.6), and/or other significant designated or protected County natural, cultural, or historic resources, including but not limited to agricultural and open space resources; or
(ii)
There is no alternative to the proposed wireless communication facility, as conditioned, that is technically feasible and environmentally equivalent or superior to the proposed wireless communication facility, including with less visual and/or other resource impacts, and the proposed facility has been modified by condition and/or project design to minimize and mitigate its visual and other resource impacts.
(iii)
For projects in the Coastal Zone, the approving body must make both findings.
(b)
For sites located in one of the prohibited and/or restricted areas set forth in SCCC § 13.10.660(C), and for facilities of a height more than the allowed height for facilities in each zone district per SCCC § 13.10.660(G)(1), and for sites located in the Coastal Zone identified in SCCC § 13.10.660(E)(3), that the applicant has provided documentation to enable the decision-making body to make the findings in SCCC § 13.10.660(C)(4)(a) and (b).
(c)
That the subject property upon which the wireless communication facility is to be located is free of violations or compliant with all rules and regulations pertaining to zoning uses, subdivisions, and any other applicable provisions of this chapter, as determined by the County, and that all zoning violation abatement costs, if any, have been paid.
(d)
That the proposed wireless communication facility, as conditioned, will not create a hazard for aircraft in flight.
(2)
Conditions of Approval. Conditions of approval may be imposed by the Director to ensure compliance with the wireless regulations, and applicable local, State, and Federal law.
(3)
Alternatives Analysis. For applications with wireless communication facilities proposed in prohibited or otherwise restricted areas specified in SCCC § 13.10.660(C)(4), or other areas identified in this chapter that require compliance with SCCC § 13.10.660(C)(4)(a) and (b), an alternatives analysis must be submitted by the applicant. The alternatives analysis should identify all technically feasible potential location sites which reasonably meet the service provider's coverage objectives, particularly building-mounted sites, within the project vicinity, provide analysis as to the feasibility of those alternatives and compare the level of visual impact with that of the proposed project. At a minimum, this analysis should identify the location of all existing wireless communication facilities within a quarter mile of the proposed site and provide an explanation of why co-location has not been proposed at each of these sites.
(4)
On-Site Visual Demonstration. Unless waived by the Director, on-site visual demonstration structures (i.e., mock-ups) shall be required for all proposed wireless communication facilities in time, place, and manner as determined by the Director. Generally, on-site visual demonstrations are not required for co-located and small cell facilities that do not propose a significant visual impact.
(5)
Additional Technical Review. The applicant will be notified if the County requires an independent technical review of any submitted technical materials. The applicant shall pay all the costs of said review and may be required to deposit funds in advance to cover the estimated costs.
(E)
Records. A permittee must maintain complete and accurate copies of all permits and other regulatory approvals issued in connection with the wireless facility, which includes without limitation an approval, the approved plans and photo simulations incorporated into an approval, all conditions associated with an approval, and any ministerial permits or approvals issued in connection with approval of an application. If the permittee does not maintain such records as required or fails to produce true and complete copies of such records within a reasonable time after a written request from the County, any ambiguities or uncertainties that would be resolved through an inspection of the missing records will be construed against the permittee.
(F)
Attorneys' Fees. In the event the County determines that it is necessary to take legal action to enforce any of these conditions, or to revoke a permit, and such legal action is taken, the permittee shall be required to pay any and all costs of such legal action, including reasonable attorneys' fees, incurred by the County, even if the matter is not prosecuted to a final judgment or is amicably resolved, unless the County should otherwise agree with permittee to waive said fees or any part thereof.
(Ord. 5439 § 8, 2023)
13.10.662 Wireless communication facilities in public rights-of-way.
(A)
Purpose. The purpose of this section is to establish a process for managing, and providing uniform standards for acting upon, requests for the siting of wireless communication facilities within the public rights-of-way of Santa Cruz County consistent with the County's obligation to promote public health, safety, and welfare, to manage the public rights-of-way, and to ensure that the public is not inconvenienced by the use of the public rights-of-way for the siting of wireless facilities. The County recognizes the importance of wireless communication facilities to provide high-quality communications service to the residents and businesses within the County, and the County also recognizes its obligation to comply with applicable State and Federal law regarding the placement of wireless communication facilities in its public rights-of-way. This section shall be interpreted as consistent with those provisions.
(B)
Scope.
(1)
General. A wireless encroachment permit shall be subject to all the same requirements as an encroachment permit would under Chapter 9.70 SCCC in addition to all the requirements of this section. Unless exempted, placement of a wireless communication facility in the public right-of-way or modification of an existing wireless facility in the public right-of-way requires a wireless encroachment permit authorizing the siting, design, or modification in accordance with this chapter. Except for small cell facilities, facilities qualifying as eligible facilities requests, or any other type of facility expressly allowed in the public right-of-way by State or Federal law, no other wireless facilities shall be permitted pursuant to this section.
(2)
Exemptions. This section does not apply to:
(a)
The siting or modification of facilities by the County or by any other agency of the State solely for public safety purposes.
(b)
Installation of temporary cell service structures for a fixed period of time in connection with an emergency or event, but no longer than required for the emergency or event; provided, that installation does not involve significant excavation, movement, or removal of existing facilities.
(3)
Other Applicable Requirements. In addition to the wireless encroachment permit required herein, the placement of a wireless facility in the right-of-way requires the persons who will own or control those facilities to obtain all permits required by applicable law, including but not limited to a coastal development permit, and to comply with applicable law, including, but not limited to, applicable law governing RF emissions.
(4)
Preexisting Facilities in the Right-of-Way. Any wireless facility already existing in the right-of-way as of the date of this section's adoption shall remain subject to the provisions of the County Code in effect prior to this section, unless and until an extension of such facility's then-existing permit is granted, at which time the provisions of this section shall apply in full force going forward as to such facility. The review of any request for a renewal of a permit for such preexisting facilities shall be conducted pursuant to this section, rather than the portion(s) of the County Code that it was previously reviewed under.
(5)
Public Use. Except as otherwise provided by California law, any use of the public right-of-way authorized pursuant to this section will be subordinate to the County's use and use by the public.
(C)
General Standards for Wireless Facilities in the Public Right-of-Way.
(1)
Generally. Wireless facilities in the right-of-way shall meet the minimum requirements set forth in this section and all applicable requirements in the County's wireless regulations, in addition to the requirements of any other applicable State or Federal law.
(2)
Regulations. The wireless regulations outlined in this section shall apply, unless it is determined that an applicant has established that denial of an application would, within the meaning of Federal law, prohibit or effectively prohibit the provision of personal wireless services, or otherwise violate applicable laws or regulations. If that determination is made, the requirements of this section may be waived but only to the minimum extent required to avoid the prohibition or violation.
(3)
Minimum Standards. Wireless facilities shall be installed and modified in a manner consistent with this section; minimize risks to public safety; avoid placement of aboveground facilities in underground utility districts; maintain the integrity and character of the neighborhoods and corridors in which the facilities are located; ensure that installations are subject to periodic review to minimize the intrusion on the rights-of-way; ensure that the County bears no risk or liability as a result of the installations; and provide that such use does not inconvenience the public, interfere with the primary uses of the rights-of-way, or hinder the ability of the County or other government agencies to improve, modify, relocate, abandon, or vacate the public rights-of-way or any portion thereof, or to cause the improvement, modification, relocation, vacation, or abandonment of facilities in the rights-of-way.
(4)
Objective Criteria. The required criteria for review of wireless communication facilities in public rights-of-way shall be as follows:
(a)
Prohibited Locations.
(i)
County-owned traffic signal infrastructure in the public right-of-way.
(ii)
Locations requiring the removal or significant modification of any existing public infrastructure or landscaping.
(iii)
Locations directly in front of residences on either side of the street or within driveway and intersection sight lines.
(iv)
Locations on strand or overhead lines.
(v)
Locations within 300 feet of another small cell wireless facility and any associated equipment; provided, however, this restriction may be waived upon a demonstration that the refusal to allow an additional facility within a 300-foot radius will otherwise violate an applicable State or Federal law.
(vi)
Decorative poles.
(b)
Design (Wood Utility Poles).
(i)
Small cell wireless facilities in the public right-of-way attached to existing or replacement utility poles shall not extend the existing pole to a height of more than 50 feet or by more than 10 percent, whichever is greater.
(ii)
No more than one small cell wireless facility and associated equipment per pole.
(iii)
Antennas may be either top-mounted or side-mounted and must match the pole profile. Side-mounted antennas shall not exceed the height of the pole with no visible cabling allowed. Top-mounted antennas must blend with the top of the pole, utilizing an antenna skirt to conceal cabling. Each antenna shall not exceed three cubic feet in volume, excluding mounting hardware and cabling.
(iv)
Side-mounted antennas shall maintain a maximum two-foot horizontal clearance from the centerline of the pole when affixed between supply and communication lines or below communication lines.
(v)
Horizontal clearances from the centerline of the pole for wireless equipment affixed between supply lines or at the top of a climbable pole shall be minimized and arranged so the pole may be climbed safely.
(vi)
Antennas shall be shrouded or otherwise concealed using stealth technologies or camouflage techniques.
(vii)
All wireless equipment shall be placed in ground-mounted cabinets and/or cabinets flush-mounted on the pole and stacked vertically on one side of the pole, and no pole-mounted cabinet shall exceed 18 inches in height. Individual cabinets shall not exceed the width of the pole where mounted and shall not extend more than 12 inches from the pole. Wireless equipment and combined volume of all cabinets shall not exceed 28 cubic feet. Cabinets shall be mounted behind any existing road signs located on a pole and not block any road signs.
(viii)
Cooling fans are prohibited, and all equipment cabinets must be passively cooled.
(ix)
All wireless equipment shall be painted to match the color of the pole. No visible cabling is allowed.
(x)
Minimum height clearance for equipment mounted to the outside of the pole shall be seven feet above grade.
(xi)
All unnecessary equipment manufacturers' logos or decals shall be removed or painted over.
(xii)
Any required lighting on equipment shall be shielded from public view.
(xiii)
All required radiofrequency warning signs and labels shall be posted in conspicuous locations.
(c)
Design (Metal Streetlight Poles).
(i)
Small cell wireless facilities in the public right-of-way attached to existing or replacement street light poles shall not extend the existing pole to a height of more than 50 feet or by more than 10 percent, whichever is greater.
(ii)
No more than one small cell wireless facility and associated equipment per pole.
(iii)
Replacement streetlight poles shall match existing streetlights in the area in pole height, color, diameter, cobra arm height and design, luminaire design and intensity, and maintain a uniform appearance.
(iv)
Antennas shall be top-mounted within an antenna shroud and blend with the top of the pole, utilizing an antenna skirt to conceal cabling and create a tapered transition. Each antenna shall not exceed three cubic feet in volume, excluding mounting hardware and cabling. All other wireless equipment shall not exceed 28 cubic feet in volume.
(v)
All wireless equipment shall be placed in ground-mounted cabinets or housed inside the pole or mounted directly above the top of the light arm connection within the antenna shroud.
(vi)
Electrical supply lines must be undergrounded. No overhead lines are allowed.
(vii)
Cooling fans are prohibited, and all equipment must be passively cooled.
(viii)
All electrical infrastructure shall be separate from the County's streetlight infrastructure.
(ix)
All unnecessary manufacturers' logos or decals on the pole shall be removed or painted over to match the pole color.
(x)
All required radiofrequency warning signs and labels shall be posted in conspicuous locations.
(xi)
All current attachments to a pole, such as signs, decorative vegetation, banners, pole number labels, etc., shall remain on the pole and continue to fulfill its intended purpose.
(5)
Adverse Impacts on Adjacent Properties. Permittee shall undertake all reasonable efforts to avoid undue adverse impacts to adjacent properties and/or uses that may arise from the construction, operation, maintenance, modification, and removal of the facility.
(6)
Noninterference. Permittee shall not move, alter, temporarily relocate, change, or interfere with any existing structure, improvement, or property without the prior consent of the owner of that structure, improvement, or property. No infrastructure, structure, improvement, or property owned by the County shall be moved to accommodate a permitted activity or encroachment, unless the County determines that such movement will not adversely affect the County or any surrounding businesses or residents, and the permittee pays all costs and expenses related to the relocation of the County's structure, improvement, or property. Prior to commencement of any work pursuant to a wireless encroachment permit, the permittee shall provide the County with documentation establishing to the County's satisfaction that the permittee has the legal right to use or interfere with any other structure, improvement, or property within the public right-of-way or County utility easement to be affected by permittee's facilities.
(7)
Modifications. No changes shall be made to the approved plans without review and approval in accordance with this section.
(8)
New Infrastructure. Except for ground-mounted equipment cabinets, any new infrastructure for wireless communication facilities in the right-of-way shall be considered a new wireless facility and must comply with the requirements set forth in SCCC § 13.10.660 and § 13.10.661. Any replacement infrastructure, unless replaced in kind pursuant to subsection (C)(4) of this section, for the purpose in whole or in part to accommodate wireless communication facilities in the right-of-way shall be considered a new wireless facility for purposes of this chapter.
(9)
Public Art. Permittee shall participate in the Santa Cruz County Parks Department's Outside the Box art program (or its successor) to cover all related ground-mounted equipment cabinets in the public right-of-way with public art. This requirement may be waived by the Director where ground-mounted equipment is determined not to be visually intrusive.
(D)
Applications for Wireless Facilities in the Public Right-of-Way. Wireless communication facilities in the right-of-way shall comply with all applicable goals, objectives, and policies of the General Plan/Local Coastal Program, area plans, zoning regulations, and development standards; and all applications shall be subject to the California Environmental Quality Act and shall not be accepted as submitted or reviewed until an application fee is received.
(1)
Preapplication Meeting. Prior to application submission, an applicant is strongly encouraged, not required, to schedule a preapplication meeting with the Director of Public Works or their designee to discuss the proposed facility(ies), the requirements of this section, and any potential impacts of the proposed facility(ies). This meeting shall not be considered the first required step in submission of an application.
(2)
Application Fee(s). The first required step in the application submission process is the payment and receipt of the application fee(s). The Board of Supervisors is authorized to determine, or cause to be determined, the amount, type, and other terms of such fee(s) from time to time by means of resolution. Notwithstanding the foregoing, no application fee shall be refundable, in whole or in part, to an applicant for a wireless permit unless paid as a refundable deposit.
(3)
Submission. An applicant shall submit a paper copy, unless the County advises otherwise, and an electronic copy of any application, amendment or supplement to an application, or responses to requests for information regarding an application to the Director of Public Works at 701 Ocean Street, Room 410, Santa Cruz, California, 95060.
(4)
Content. An applicant shall submit an application on the forms approved by the Director of Public Works, which may be updated from time to time, and which shall require the submission of all required fees, documents, information, and any other materials necessary to allow the Director of Public Works or their designee to confirm the required objective findings and ensure that the proposed facility(ies) will comply with applicable local, State, and Federal law and will not endanger the public health, safety, or welfare. The application shall include a completed checklist, on a form supplied by the County, representing that each item required for a complete application is included in the submission.
(5)
Waivers. Requests for waivers from any requirement of the wireless regulations shall be made in writing to the Director of Public Works. The Director of Public Works may grant or deny a request for a waiver pursuant to this subsection. The Director of Public Works may grant a request for waiver if it is demonstrated that, notwithstanding the issuance of a waiver, the County will be provided all information necessary to understand the nature of the construction or other activity to be conducted pursuant to the permit sought. All waivers approved pursuant to this subsection shall be granted only on a case-by-case basis and narrowly tailored to minimize deviation from the requirements of the County Code.
(6)
Rejection for Incompleteness. For small cell wireless communication facilities and eligible facilities requests, applications will be processed, and notices of incompleteness provided, in conformity with State, local, and Federal law. When an application is determined to be incomplete, the Director of Public Works or their designee shall notify the applicant and specify the material omitted from or information needed to complete the application.
(E)
Administration. The Director of Public Works is responsible for administering the County's small cell wireless facility regulations in the right-of-way. As part of the administration of these regulations, the Director of Public Works may:
(1)
Interpret the provisions of this section;
(2)
Develop forms, procedures, administrative practice guidelines, and application requirements related to siting or modification of wireless facilities;
(3)
Determine the amount of and collect, as a condition of accepting any application, the fees established by resolution of the Board of Supervisors or the County Code;
(4)
Establish deadlines for submission of information related to an application, and extend or shorten deadlines where appropriate and consistent with State and Federal laws and regulations;
(5)
Issue any notices of incompleteness, requests for information, or conduct or commission such studies as may be required to determine whether a permit should be issued;
(6)
Require, as part of and as a condition of completeness of any application, notice to members of the public that may be affected by the siting or modification of the wireless facility and proposed changes to any support structure;
(7)
Subject to appeal as provided in Chapter 18.10 SCCC, determine whether to approve, approve subject to conditions, or deny an application; and
(8)
Take such other steps as may be required to timely act upon applications for siting of wireless facilities, including issuing written decisions and entering into agreements to mutually extend the time for action on an application.
(F)
Permit Duration. A wireless encroachment permit shall be valid for a period of 10 years, unless pursuant to another provision of the County Code it expires sooner, or is terminated. At the end of 10 years from the date of issuance, such permit shall automatically expire, unless an extension or renewal has been granted. A person holding a wireless encroachment permit must either: (1) remove the facility within 30 days following the permit's expiration (provided, that removal of a support structure owned by the County, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed, but must be restored to its prior condition, except as specifically permitted by the County); or (2) at least 90 days prior to expiration, submit an application to renew the permit, which application must, among all other requirements, demonstrate that the impact of the wireless facility cannot be reduced. The wireless facility must remain in place until it is acted upon by the County and all appeals from the County's decision exhausted.
(G)
Inspections—Emergencies. The County or its designee may enter onto the facility area to inspect the facility upon 48 hours' prior notice to the permittee. The permittee shall cooperate with all inspections and may be present for any inspection of its facility by the County. The County reserves the right to enter or direct its designee to enter the facility and support, repair, disable, or remove any elements of the facility in emergencies or when the facility threatens imminent harm to persons or property. The County shall make a good faith effort to contact the permittee prior to disabling or removing any facility elements, but in any case shall notify permittee within 24 hours of doing so.
(H)
No Right, Title, or Interest. The permission granted by a wireless encroachment permit shall not in any way constitute an easement on or an encumbrance against the public right-of-way. No right, title, or interest (including franchise interest) in the public right-of-way, or any part thereof, shall vest or accrue in permittee by reason of a wireless encroachment permit or the issuance of any other permit or exercise of any privilege given thereby. No possessory interest is created by a wireless encroachment permit. However, to the extent that a possessory interest is deemed created by a governmental entity with taxation authority, permittee acknowledges that County has given to permittee notice pursuant to California Revenue and Taxation Code Section 107.6 that the use or occupancy of any public property pursuant to a wireless encroachment permit may create a possessory interest which may be subject to the payment of property taxes levied upon such interest. Permittee shall be solely liable for, and shall pay and discharge prior to delinquency, any possessory interest taxes or other taxes, fees, and assessments levied against permittee's right to possession, occupancy, or use of any public property pursuant to any right of possession, occupancy, or use created by this permit.
(I)
Agreement with County. If not already completed, permittee shall enter into the appropriate agreement with the County, as determined by the County, prior to constructing, attaching, or operating a facility on County-owned infrastructure, buildings, or support structures. An encroachment permit is not a substitute for such agreement.
(J)
Installation without a Permit. A wireless facility installed without a wireless encroachment permit (except for those exempted under this section) must be removed; provided, that removal of a support structure owned by the County, a utility, or another entity authorized to maintain a support structure in the right-of-way need not be removed but must be restored to its prior condition, except as specifically permitted by the County. All costs incurred by the County in connection with the revocation and removal shall be paid by persons or entities who own or control any part of the wireless facility.
(Ord. 5439 § 8, 2023)
13.10.663 Modifications to wireless communication facilities.
(A)
Eligible Facilities Requests. This section implements Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012, as interpreted by the Federal Communications Commission, which requires the County to approve any eligible facilities request for a modification of transmission equipment of an existing tower or base station submitted with a written request for approval under Section 6409(a) that does not result in a substantial change to the physical dimensions of such tower or base station.
(B)
Application. Applicants shall comply with the requirements set forth in SCCC § 13.10.661 unless the Director has waived specific requirements in writing prior to submission. Requests for information related to the proposed modification shall be limited to the information necessary for the County to consider whether an application is an eligible facility request. The application does not require the applicant to demonstrate a need or business case for the proposed modification. An application will not be accepted as submitted without payment of required fees.
(C)
Review. Upon receipt of an application and payment of required application fees for an eligible facilities request pursuant to this section, the Planning Department shall review such application to determine whether the application so qualifies.
(D)
Timeframe for Review. Within 60 days of the date on which an applicant submits an application seeking approval under this section, the County shall approve the application unless it determines that the application is not an eligible facilities request and not otherwise covered by this section.
(E)
Tolling of the Timeframe for Review. The 60-day review period begins to run when the application is filed and may be tolled only by mutual agreement by the County and the applicant, or in cases where the County determines that the application is incomplete.
(1)
To toll the timeframe for incompleteness, the County will provide written notice to the applicant within 30 days of receipt of the application, specifically delineating all missing documents or information required in the application. The application is considered submitted when a valid payment for the application is received.
(2)
The timeframe for review begins running again when the applicant makes a supplemental submission in response to the County's notice of incompleteness.
(3)
Following a supplemental submission, the County will notify the applicant within 10 days that the supplemental submission did not provide the information identified in the original notice delineating missing information. The timeframe is tolled in the case of second or subsequent notices pursuant to the procedures identified in this section. Second or subsequent notices of incompleteness will not specify missing documents or information that were not delineated in the original notice of incompleteness.
(F)
Interaction with Telecommunications Act Section 332(c)(7). If the County determines that the applicant's request is not covered by Section 6409(a) as delineated under this section, the presumptively reasonable timeframe under Section 332(c)(7) will begin to run from the issuance of the County's decision that the application is not a covered request. To the extent such information is necessary, the County may request additional information from the applicant to evaluate the application under Section 332(c)(7), pursuant to the limitations applicable to other Section 332(c)(7) reviews.
(G)
Substantial Change. An eligible facilities request for a modification, including co-location, replacement, or removal, of the transmission equipment of an existing tower or base station will result in a substantial change if any of the following are found:
(1)
Towers outside public rights-of-way:
(a)
Cumulatively increases height by more than 20 feet or 10 percent, whichever is greater;
(b)
Protrudes from edge of tower more than 20 feet or more than the width of the tower structure at the level of the appurtenance, whichever is greater;
(2)
Towers in public rights-of-way and for all base stations:
(a)
Cumulatively, increases height of tower or base station by more than 10 percent or 10 feet, whichever is greater;
(b)
Protrudes from the edge of the structure more than six feet;
(3)
Involves installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four cabinets;
(4)
Entails any excavation or deployment outside the current site of the tower or base station except that, for tower outside public rights-of-way, it entails any excavation or deployment of transmission equipment outside of the current site by more than 30 feet in any direction;
(5)
Would defeat existing concealment elements of the tower or base station; or
(6)
Does not comply with conditions associated with the prior approval of the tower or base station unless non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding "substantial change" thresholds.
(H)
Failure to Act. In the event the County fails to approve or deny a request seeking approval under this section within the timeframe for review (accounting for any tolling), the request shall be deemed granted. The deemed grant does not become effective until the applicant notifies the applicable reviewing authority in writing after the review period has expired (accounting for any tolling) that the application has been deemed granted.
(Ord. 5439 § 8, 2023)
13.10.664 Indemnification for wireless communication facilities.
No permit shall be issued pursuant to SCCC § 13.10.660 through § 13.10.663, inclusive, until the permittee has executed and filed with the County an indemnity agreement satisfactory to the Office of the County Counsel. The permittee shall be responsible for and indemnify the County from all claims, demands, expenses (including attorneys' fees) or liability, including but not limited to personal injury and property damage arising out of or related to the subject of, or work contemplated by, the permit. If any claim of such liability is made against the County, its Board of Supervisors, officers, officials or employees, permittee shall defend, indemnify, and hold the County, its Board of Supervisors, officers, officials, and employees, harmless from such claim.
(Ord. 5439 § 8, 2023)
13.10.665 Required findings for wireless communication facilities.
Repealed by Ord. 5439.
(Ord. 4714 § 2, 2003; Ord. 4743 § 2, 2003; Ord. 4769 § 2, 2004)
13.10.666 Site restoration upon termination/abandonment of wireless communication facilities.
Repealed by Ord. 5439.
(Ord. 4714 § 2, 2003; Ord. 4743 § 2, 2003; Ord. 4769 § 2, 2004)
13.10.667 Indemnification for wireless communication facilities.
Repealed by Ord. 5439.
(Ord. 4714 § 2, 2003; Ord. 4743 § 2, 2003; Ord. 4769 § 2, 2004)
13.10.668 Telecommunications Act exception procedure.
Repealed by Ord. 5439.
(Ord. 4714 § 2, 2003; Ord. 4743 § 2, 2003; Ord. 4769 § 2, 2004)
13.10.670 Medical marijuana cooperatives.
Repealed by Ord. 5169.
(Ord. 5090 § 3, 2011)
13.10.671 Use of nondevelopable land.
Development use within areas identified on the General Plan and Local Coastal Program Land Use Plan as nondevelopable land (see definition SCCC § 13.10.700-D, "developable land") shall be considered only when consistent with all General Plan and County Code resource protection and hazard mitigation requirements where applicable, and only in the following circumstances:
(A)
For use consistent with the maintenance of the area as open space.
(B)
For the placement of utilities where they cannot be located out of the proposed use areas.
(Ord. 3432 § 1, 1983)
13.10.672 Use of urban open space land.
Development or uses within areas identified on the General Plan and Local Coastal Program Land Use Plan as urban open space shall be permitted only when consistent with all applicable General Plan and County Code resource protection and hazard mitigation requirements where applicable, and only in the following circumstances:
(A)
For one single-family dwelling on an existing parcel of record. The dwelling may only be located on nondevelopable land if there is no developable land on the parcel. Adverse environmental impacts shall be mitigated.
(B)
For the uses identified in SCCC § 13.10.671.
(Ord. 3432 § 1, 1983)
13.10.673 Lot line adjustment applications regarding additional building sites and parcel size.
(A)
No additional building sites shall be created as a result of a lot line adjustment.
(B)
No parcel subject to General Plan designation as agriculture and agricultural resource may be reduced in size by a lot line adjustment, unless it can be demonstrated that the proposed adjustment will not adversely affect continued and/or future agricultural use of economically viable agricultural land which is located on the parcels which are the subject of the lot line adjustment, or adjacent to such parcels.
(C)
No parcel subject to the General Plan designation as timber production and timber resource may be reduced in size by a lot line adjustment unless all such parcels after adjustment are designed to maintain the timber harvest and management potential of the property.
(D)
Technical studies may be required prior to approval of any lot line adjustment to confirm that all resultant parcels include building sites that meet existing criteria, unless a declaration of restrictions in favor of the County is recorded identifying the parcel in question as not buildable in perpetuity absent County agreement to the contrary.
(E)
No lot line adjustment shall be approved unless it is consistent with the General Plan, specific plan and Local Coastal Plan (where applicable). A lot line adjustment shall be deemed to be consistent with parcel size requirements if it complies with the minimum parcel size required by the zoning designation. For the purposes of this subsection the term "minimum parcel size required by the zoning designation" shall mean the minimum parcel size allowed by any of the following:
(1)
The zoning ordinance adopting a designation for the parcel in question;
(2)
If the zoning is inconsistent with the General Plan, the lowest density end of the density range allowed by the General Plan density designation; or
(3)
If the zoning density is required to be determined pursuant to the rural matrix calculation under Chapter 13.14 SCCC, the highest density end of the density range allowed by the General Plan density designation. No matrix calculation shall be required for this purpose.
(Ord. 4132 § 6, 1991; Ord. 4281 § 4, 1993)
13.10.680 Tiny homes on wheels.
(A)
Purpose. The purpose of this section is to provide for and regulate Tiny Homes on Wheels in order to provide needed housing for County residents and to further the housing goals of the Housing Element of the County General Plan.
(B)
"Tiny Home on Wheels (THOW)"
shall be defined per SCCC § 13.10.700-T: An independent dwelling unit, maximum 400 gross square feet, excluding loft area space if that loft area space meets the requirements of Government Code Section 18009.3(b) and Section 18033 and maximum 14 feet in width at the maximum horizontal projection. It provides complete independent living facilities for one or more persons and is built upon a single chassis and is towable by a hitch mechanism and cannot move under its own power. It may only be transported upon the public highway with permit issued pursuant to Vehicle Code Section 35780.
(C)
General Requirements.
(1)
A THOW may function as a single-family dwelling as the primary unit or in place of an accessory dwelling unit (ADU) such that the total number of dwelling units on a parcel does not exceed the total number of dwelling units allowed on that parcel per provisions of state and local regulations. Only one THOW shall be allowed per parcel.
(2)
THOWs that function as the primary unit shall be subject to all provisions of this code that apply to single-family dwellings in addition to the requirements of this section.
(3)
THOWs that function as an ADU shall be subject to all provisions of SCCC § 13.10.681 as they apply to new construction ADUs in addition to the requirements in this section.
(4)
THOWs shall not be used as vacation rentals.
(D)
Site Requirements.
(1)
THOW Location on a Parcel.
(a)
The THOW as an ADU shall be detached from the primary dwelling unit.
(b)
A THOW shall not be located in an existing driveway.
(c)
Parking Pad.
(i)
Bumper guards, curbs, or other installations shall be adequate to prevent movement of the THOW.
(ii)
The wheels shall not be removed and the parking pad shall be a level surface paved with two inches of asphalt concrete over five inches of Class II base rock or equivalent permeable or nonpermeable surface so as to provide a durable, dustless surface, and shall be graded and drained so as to prevent erosion and disperse surface water.
(2)
Access.
(a)
The THOW parking pad shall be accessible by a path of travel such that the THOW is towable onto and off the property.
(3)
Size.
(a)
The maximum size is as required to allow for towing on public roadways, but not to exceed 400 square feet.
(4)
Development Standards.
(a)
Meet all development standards in SCCC § 13.10.681 and the maximum height of a THOW shall be as established by the California Department of Motor Vehicles for towing on public roads, but not to exceed 14 feet.
(E)
Utilities.
(1)
Electricity. The THOW shall be connected to a source of electricity in compliance with the latest edition of the California Electrical Code and local ordinance. If not connected to the local electric utility power source, an off-grid system may be used that is designed to provide sufficient power based on the expected loads. All off-grid systems shall include solar panels and battery storage. Within the Urban and Rural Service Lines a THOW shall not rely on a generator as a primary or stand-by source of electric power. Outside the Urban and Rural Service Lines a THOW shall not rely on a generator as a primary source of electric power and may include provisions for connection to a generator and meet all requirements of the California Electrical Code and local ordinance. Outside the Urban and Rural Service Lines, the generator shall be a stationary emergency stand-by generator as defined in, and in compliance with all provisions of, Chapter 13.15 SCCC, Noise Planning.
(2)
Water and Sewer. The THOW shall be connected to the approved water source and sewage disposal facility in compliance with the latest edition of the California Plumbing Code and local ordinance.
(F)
Design.
(1)
Incorporate design features and materials typically used for houses, such as siding or roofing materials, pitched roofs, eaves, and residential windows.
(2)
Windows shall be at least double pane glass and shall include exterior trim or other design features to mimic windows on a building.
(3)
The roof and exterior walls shall be fixed with no slide-outs, tip-outs, or other forms of mechanically articulating extensions that expand the interior space of the THOW.
(4)
Mechanical equipment that is not incorporated within the structure shall be screened from public view and shall not be located on the roof. Plumbing vents and low-profile exhaust fans may be located on the roof. Electrical, and plumbing hook ups shall similarly be screened from public view.
(5)
Skirting. When parked on its parking pad, the THOW shall include skirting to conceal the wheels and undercarriage.
(6)
THOWs located in Wildland Urban Interface shall be designed with materials and construction methods for exterior wildfire exposure in compliance with Section R337 of the California Residential Code and local ordinance.
(G)
Occupancy. A THOW that functions as an ADU may be excepted from the sales restrictions of SCCC § 13.10.681(G)(2) in that the THOW may be conveyed separately from the primary residence.
(H)
THOW Permit.
(1)
Prior to moving a THOW onto any property, a ministerial THOW building permit shall be obtained authorizing parking and occupancy of each THOW on the property pursuant to Chapter 12.01 SCCC.
(2)
The THOW permit shall expire upon removal of the THOW from the property where it is permitted.
(3)
On the property where it is permitted, the THOW permit shall be subject to renewal every five years or when the THOW is conveyed to a new owner, whichever occurs first. The permit renewal process may include a site inspection by County staff.
(4)
Inside the Coastal Zone, a THOW that functions as a primary unit shall be required to obtain a coastal development permit pursuant to the provisions of Chapter 13.20 SCCC.
(5)
Inside the Coastal Zone, a THOW that functions as an ADU that does not meet the standard for exemption or exclusion under SCCC § 13.20.050 or § 13.20.051 requires issuance of a coastal development permit (CDP) with noticing and appeal requirements per SCCC § 13.20.107 and § 13.20.108, and subject to findings per SCCC § 13.20.110. CDPs for THOWs located in the Commercial Agricultural (CA) zone district, the Parks and Recreation (PR) zone district, and the Timber Production (TP) zone district shall be subject to additional permit processes and findings applicable to those zone districts.
(6)
The THOW shall be registered annually with the DMV and all required annual registration fees shall be paid, including the Vehicle License Fee. Failure to register and pay all DMV fees annually shall cause the THOW permit to expire.
(I)
Application Processing. The following additional information shall be submitted with the required information for a building permit application for a THOW:
(1)
Certificate indicating that the THOW has been constructed in accordance with Standard No. A119.5 of the Standards of the American National Standards Institute (ANSI-A119.5 Park Model RV Standard).
(2)
Valid DMV registration for towing to parking location.
(J)
Administration. The Director is responsible for administering the County's THOW regulations. As part of the administration of these regulations, the Director may:
(1)
Interpret the provisions of this section and any other THOW regulations adopted by the Board of Supervisors;
(2)
Develop forms, procedures, administrative practice guidelines, and application requirements related to siting of THOW; and
(3)
Determine the amount of and collect, as a condition of accepting any application, including an application for permit renewal, the fees established by resolution of the Board of Supervisors or the County Code. Such fees shall include, but are not limited to, a THOW monitoring fee and a THOW permit renewal fee.
(Ord. 5413 § 1, 2022)
13.10.681 Accessory dwelling units.
(A)
Purpose. The purpose of this section is to provide for and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in order to provide needed housing for County residents and to further the housing goals of the Housing Element of the County General Plan.
(B)
Definitions. For the purposes of this section, terms shall be defined as follows:
(1)
"Accessory Dwelling Unit"
(ADU) shall be defined per SCCC § 13.10.700-A: In compliance with California Government Code Section 65852.2, an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for eating, cooking (area meeting the definition of Kitchen), and sanitation. A tiny home on wheels may be used as an ADU.
(2)
"Junior Accessory Dwelling Unit"
(JADU) shall be defined per SCCC § 13.10.700-J: In compliance with California Government Code Section 65852.22, a residential living area contained within a proposed or existing single-family residence that is no more than 500 square feet in size. JADUs can include additions to an existing structure of no more than 150 square feet. JADUs shall include independent provisions for living, sleeping, eating, and cooking (area meeting the definition of Efficiency Kitchen but not a standard Kitchen), and shared or separate sanitation facilities with the main dwelling unit.
(3)
"New Construction ADU"
shall be defined per SCCC § 13.10.700-N: An ADU that does not meet the definition of Conversion ADU. A tiny home on wheels may be used as a new construction ADU.
(4)
"Conversion ADU"
shall be defined per SCCC § 13.10.700-C: The conversion of any portion of a legal accessory structure, or any portion of a single-family dwelling, or any garage, for the purpose of creating an ADU. Conversion ADUs can include demolition and rebuilding of a structure with the same footprint and building envelope. Conversion ADUs can also include additions of up to 150 square feet. Any conversion that exceeds this limit shall be considered a New Construction ADU for the purposes of this section.
If converting an existing accessory structure, applicant must be able to show that the structure was erected with all required permits, or that the structure is legal nonconforming. Structures that were built without benefit of permits are not eligible for conversion under this section and must be processed as a New Construction ADU. |
(5)
"Attached,"
in reference to ADUs throughout the Santa Cruz County Code, shall mean sharing any part of a wall, ceiling or floor with the primary dwelling on the property, with the ADU located above, below, beside, or in some combination with the primary dwelling on the property.
(6)
"Detached,"
in reference to ADUs throughout the Santa Cruz County Code, shall mean any ADU that does not meet the definition of "Attached."
(C)
Accessory Use. ADUs and JADUs are accessory uses to the primary residential dwelling and shall not be considered in calculation of residential density for a parcel.
(D)
Site Requirements. Before a permit for an ADU or JADU can be granted, the following requirements shall be met:
(1)
Zoning and General Plan. The parcel must allow residential land use either by zoning or General Plan designation.
(2)
Presence of Primary Dwelling Unit. A primary dwelling unit must exist or be proposed for construction concurrently with the proposed ADU or JADU.
(a)
Exception. An ADU may be constructed prior to a primary dwelling in the case of rebuilding after a disaster. The location for the development envelope for the future primary dwelling must be indicated on the plans submitted for the ADU.
(3)
Number of ADUs Allowed.
(a)
Single-Family Dwellings. On parcels with existing or proposed single-family dwellings: one ADU and one JADU are allowed per single-family dwelling.
(i)
Dwellings that share walls but are located on separate parcels with separate building footprints (such as townhomes or halfplexes) are considered single-family dwellings for the purposes of determining the number of ADUs allowed.
(ii)
Properties with dwelling groups (multiple single-family dwellings) are allowed one ADU and one JADU per single-family dwelling if the dwelling group is conforming with maximum density for the zone district. An existing dwelling in a dwelling group may be relabeled as an ADU if it meets ADU use and development standards. If the dwelling group is nonconforming with maximum density for the zone district, see SCCC § 13.10.261(B)(3).
(b)
Multifamily Dwellings. On parcels with existing or proposed attached multifamily dwellings, such as apartments, condominiums, or a combination of single- and multifamily dwellings, the following are allowed:
(i)
Up to two detached ADUs, which may be attached to each other; and
(ii)
Conversion ADUs associated with up to 25 percent of multifamily units. Conversion ADUs in multifamily developments must be converted from areas not previously used as living space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.
(c)
Nonconforming Land Uses. Regardless of existing dwelling conformity with land use and density requirements for a parcel's zone district or General Plan designation, permitted single-family dwellings shall be subject to subsection (D)(3)(a) of this section and permitted multifamily dwellings shall be subject to subsection (D)(3)(b) of this section.
(4)
ADU Location on a Parcel.
(a)
ADUs may be attached or detached from the primary dwelling unit. JADUs must be attached.
(b)
ADUs and JADUs shall be subject to the setback requirements in subsection (D)(7)(a) of this section.
(5)
Access. The ADU or JADU shall have an exterior entrance that is independent of the existing primary dwelling. A JADU may also be internally connected to the primary dwelling.
(6)
Unit Size. The habitable floor area as defined in SCCC § 13.10.700-H shall be as follows:
(a)
Minimum unit size, JADU or ADU: 150 square feet ("efficiency unit" per California Health and Safety Code Section 17958.1).
(b)
Maximum unit size, JADU: 500 square feet.
(c)
Maximum unit size, ADU:
(i)
Conversion ADU: No maximum size.
(ii)
New Construction ADU, Attached:
A.
Parcel size less than one acre: 850 square feet (studio or one bedroom), 1,000 square feet (two or more bedrooms), or 50 percent of primary dwelling habitable square footage, whichever is smaller.
B.
Parcel size greater than or equal to one acre: 50 percent of primary dwelling habitable square footage.
(iii)
New Construction ADU, Detached:
A.
Parcel size less than one acre: 850 square feet (studio or one bedroom), 1,000 square feet (two or more bedrooms).
B.
Parcel size greater than or equal to one acre: 1,200 square feet.
(iv)
Regardless of subsections (D)(6)(c)(i) through (iii) of this section, an ADU of at least 800 square feet shall be allowed.
(7)
Development Standards. All development standards for the applicable zone district shall be satisfied and the development shall be consistent with all County policies and ordinances, except that regardless of any other zone district standards, the following provisions shall apply to ADUs:
(a)
Setbacks.
(i)
JADUs and Conversion ADUs.
A.
Additions up to 150 square feet shall meet setback requirements for New Construction ADUs.
B.
Existing structures with nonconforming setbacks can be demolished and rebuilt with the same setbacks, except where larger setbacks are required pursuant to Chapter 7.92 SCCC (Fire Code), Chapter 12.10 SCCC (Building Regulations), or SCCC Title 16 (Environmental and Resource Protection).
(ii)
New Construction ADUs. ADUs shall comply with front setbacks for the applicable zone district. Minimum side and rear setbacks shall be four feet or the setback for the applicable zone district, whichever is less, including on double frontage lots and corner lots, with the following exceptions:
A.
An eight-foot rear yard setback is required for any portion of an ADU that is more than 16 feet tall. Stairways may encroach into the rear yard setback if stairway windows are minimum 52 inches from floor level.
B.
Setbacks shall be sufficient for fire safety in conformance with Chapter 7.92 SCCC (Fire Code) and Chapter 12.10 SCCC (Building Regulations).
C.
ADUs shall be subject to environmental buffers and constraints identified per SCCC Title 16 (Environmental and Resource Protection), including but not limited to riparian corridors, geologic hazards, sensitive habitats, and agricultural buffers.
D.
On parcels zoned or designated agricultural, a detached ADU shall be located within 100 feet of the primary dwelling on the property unless additional distance is required to meet the minimum agricultural buffer setback standards in SCCC § 16.50.095.
E.
ADUs located in the Seascape Beach Estates Combining District shall meet the setback requirements in SCCC § 13.10.436.
(iii)
Minimum separation distance between ADUs and other structures shall be three feet.
(b)
Height.
(i)
JADUs and Conversion ADUs. Additions up to 150 square feet shall meet height standards for New Construction ADUs.
(ii)
New Construction ADUs. Height is subject to the applicable zone district height standard with the following exceptions:
A.
Inside the urban services line, new construction detached ADUs shall be a maximum of 16 feet. This exception does not apply in the Seascape Beach Estates Combining District (see SCCC § 13.10.436).
B.
Inside the urban services line, ADUs that are built above detached garages shall be a maximum of 20 feet at exterior wall and 24 feet at roof peak. This exception does not apply in the Pleasure Point or Seascape Beach Estates Combining Zone Districts.
C.
Inside the Pleasure Point Combining Zone District, ADUs that are built above attached and detached garages shall be maximum 18 feet at exterior wall and 22 feet at roof peak.
D.
Building height up to five feet in excess of an applicable zoning standard, but in no case exceeding 28 feet, may be allowed subject to design review findings (SCCC § 18.10.230(A)(2)), development permit findings (SCCC § 18.10.230), and the coastal view protection standards of SCCC § 13.20.130(B)(7) (if located in the coastal zone), and subject to approval by the Zoning Administrator following a public hearing.
(c)
Lot Coverage and Floor Area Ratio (FAR).
(i)
Parcels with ADUs and JADUs shall meet lot coverage and FAR standards for the applicable zone district, except that JADU and/or ADU square footage up to 800 square feet may be excluded from FAR and lot coverage calculations for both existing and new parcels.
(ii)
ADUs and JADUs shall not be counted in large dwelling unit calculations per SCCC § 13.10.325.
(d)
Parking.
(i)
JADUs and Conversion ADUs: no required off-street parking for the JADU and/or Conversion ADU.
(ii)
New Construction ADUs: one off-street parking space per ADU.
A.
ADU parking can be provided as double or triple tandem parking.
B.
ADU parking may be located within setback areas unless findings are made that parking in setback areas is not feasible based upon specific site or regional topographical and/or fire and life safety conditions.
C.
If the primary dwelling unit has less than the required parking per SCCC § 13.16.050, one new parking space must be provided for the ADU but parking for the primary dwelling may remain nonconforming.
D.
No additional parking for an ADU shall be required if the ADU is located within one-half mile walking distance of any public transit stop, within a designated historic district, or within one block of a dedicated parking space reserved for a publicly available car share vehicle.
(iii)
Parking Permits. Where parking permits are required for on-street parking during any part of the year, permits shall be offered to the occupants of the ADU and/or JADU.
(iv)
Replacement Parking. When a garage, carport, covered parking structure, or surface parking is demolished or converted for construction of an ADU or JADU, no replacement parking is required for the primary dwelling unit.
(v)
Special Coastal Zone Parking Requirements. In the following coastal zone locations, one parking space is required for New Construction ADUs, with no exceptions, and replacement parking is required when existing parking is demolished or converted for construction of an ADU:
A.
Live Oak Designated Area (LODA) as defined in SCCC § 13.10.694(C).
B.
Sea Cliff/Aptos/La Selva Designated Area (SALSDA) as defined in SCCC § 13.10.694(C).
C.
Davenport/Swanton Designated Area (DASDA) as defined in SCCC § 13.10.694(C).
D.
Opal Cliff Drive between 41st Avenue and the City of Capitola.
(8)
Existing Conditions of Approval. Proposed additions associated with Conversion ADUs shall comply with any existing development permit conditions of approval that are not otherwise superseded by provisions of SCCC § 13.10.681.
(9)
Other Accessory Uses.
(a)
One ADU may be associated with a single-family dwelling unit on a parcel that also has farmworker housing as defined in SCCC § 13.10.631.
(b)
Non-ADU habitable and nonhabitable accessory structures may be allowed subject to all applicable requirements of the underlying zone district and SCCC § 13.10.611.
(10)
Utility, Infrastructure, and Service Requirements.
(a)
Life Safety. All requirements of the respective service agencies shall be satisfied, and all ADUs shall comply with all applicable provisions of Chapter 7.92 SCCC (Fire Code) and Chapter 12.10 SCCC (Building Regulations).
(i)
Fire sprinklers shall not be required for an ADU or JADU where they are not also required for the primary dwelling, except sprinklers are required for detached ADUs larger than 1,200 square feet and ADUs that constitute or are part of an addition to the primary dwelling equal to more than 50 percent of the existing primary dwelling square footage per California Residential Code Section R313.2.
(ii)
For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit if an internal connection to the primary dwelling unit is maintained.
(iii)
ADUs and JADUs that do not have an internal connection to the primary dwelling shall maintain a separate street address from the primary dwelling unit.
(b)
Utility Connections and Fees.
(i)
JADUs and Conversion ADUs: new utility connection or capacity charges may only be charged for Conversion ADUs and JADUs built concurrently with a primary dwelling.
(ii)
New Construction ADUs: A local agency, special district, or water corporation may require a new or separate utility connection directly between the ADU and the utility, subject to a connection fee or capacity charge proportionate to the burden of the ADU on the water or sewer system, based upon either the square footage of the ADU or its drainage fixture unit values as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials.
(iii)
The sewage disposal system and water supply for the parcel shall comply with all applicable requirements of the Environmental Health Officer.
A.
As part of the application to create an ADU connected to an on-site water treatment system, a percolation test must be completed within the last five years or, if the percolation test has been recertified, within the last 10 years.
(c)
Public Improvements. Frontage improvements and other public right-of-way work cannot be required as a condition of approval for an ADU or JADU, unless required per Chapter 7.92 SCCC (Fire Code) or Chapter 12.10 SCCC (Building Regulations) or to correct illegal right-of-way encroachments.
(E)
Nonconforming Conditions. Correction of existing nonconforming zoning conditions cannot be required as a condition of ADU or JADU approval.
(F)
Design.
(1)
Architectural Design. Exterior design of ADUs and JADUs that are visible from a road or other public area shall include three or more of the following elements:
(a)
Roof pitch matching dominant roof slope primary dwelling(s). Dominant roof slope is the slope shared by the largest portion of the roof.
(b)
Roof material matching primary dwelling(s).
(c)
Primary siding material or color matching primary dwelling(s).
(d)
Window and door trim matching primary dwelling(s).
(e)
Porch, bay window, or other facade articulation to break up flat wall planes.
(f)
Fencing or landscaping to buffer the view of the ADU or JADU from a road or other public area. Fencing shall be subject to SCCC § 13.10.525, Regulations for fences and retaining walls within required yards. Landscaping shall be subject to Chapter 13.13 SCCC, Water Conservation—Water Efficient Landscaping.
(2)
Historic Preservation. ADUs and JADUs on properties in the L (Historic Landmark) Combining District that do not involve demolition, relocation, or alterations to the exterior of historic buildings shall meet the provisions of SCCC § 16.42.060(D) to be reviewed ministerially. ADUs and JADUs that exceed these provisions shall be subject to discretionary review per SCCC § 16.42.060.
(G)
Occupancy. The following occupancy standards shall be applied to every ADU and JADU and shall be conditions for any approval under this section:
(1)
Occupancy Restrictions. The maximum occupancy of an ADU or JADU may not exceed that allowed by the State Uniform Housing Code, or other applicable State law.
(2)
Sale. ADUs and JADUs shall not be sold separately from the primary residence with the following exception:
(a)
An ADU can be sold or conveyed separately from the primary residence to a qualified buyer if the property was built or developed by a qualified nonprofit corporation and all provisions of California Government Code Section 65852.26 are met.
(3)
Short-Term Rental Use. In no case shall a short-term rental use of less than 30 days be permitted in an ADU or JADU. A property with an ADU or JADU shall not be eligible for participation in the vacation rental or hosted rental programs.
(4)
Owner Residency. The following requirements apply to all JADUs and apply to all ADUs except those permitted between January 1, 2020, and January 1, 2025:
(a)
Unless owned by a government agency, land trust, or public or nonprofit housing organization, the property owner or relative of the property owner shall permanently reside, as evidenced by a homeowner's property tax exemption, or by other satisfactory documentation of residence, on the parcel in either the primary dwelling unit, ADU or JADU. If the ADU or JADU is newly constructed on a parcel within a subdivision, then the purchaser or relative of the purchaser of said property shall permanently reside in either the main dwelling or the ADU or JADU, shall be required to submit a property tax exemption prior to occupancy of the ADU or JADU, and shall be subject to the deed restriction noted in subsection (G)(5) of this section.
(i)
Exception. Temporary rental of both a primary dwelling unit and an ADU or JADU may be authorized by the Planning Director in the case of sudden and unexpected changes in life circumstances. Property owners may be authorized to rent both the primary dwelling and the ADU or JADU if the property owner or relative of the property owner is unable to continue to occupy the property temporarily by reason of illness or absence from the area for other than vacation purposes as determined by the Planning Director in their sole discretion based on reasonable evidence. Evidence shall be submitted to the Planning Department in writing, and requests for extension of the absence shall also require evidence in writing. The authorization to rent both units shall be limited to one year and may be extended at the discretion of the Planning Director.
(b)
Deed Restriction. Prior to the issuance of a building permit, the property owner shall provide to the Planning Department proof of recordation of a declaration of restrictions containing reference to the deed under which the property was acquired by the present owner and containing the following provisions:
(i)
The declaration shall provide that the property owner or relative of the property owner permanently resides in either the primary dwelling or the ADU, as evidenced by a homeowner's property tax exemption on the parcel or by other satisfactory documentation of owner residence. If the property is owned by a government agency, land trust, or public or nonprofit housing organization that is providing housing for special populations, the declaration of restrictions shall indicate that any subsequent nonpublic owner shall abide by the terms of this subsection.
(ii)
The declaration shall be binding on all successors in interest.
(iii)
The declaration shall provide for the recovery by the County of reasonable attorney's fees and costs in bringing legal action to enforce the declaration together with recovery of any rents collected during any unauthorized occupancy or, in the alternative, for the recovery of the reasonable value of the unauthorized occupancy.
(iv)
The declaration shall provide a restriction on the size and attributes of the ADU or JADU that conforms with this section.
(v)
JADUs only: The declaration shall provide a prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.
(H)
Application Processing.
(1)
Ministerial Review. Pursuant to Government Code Section 65852.2, applications for ADUs and JADUs shall be approved or denied ministerially with a building permit, and no public notice or hearing shall be required, with the following exceptions:
(a)
Exceptions to Ministerial Review.
(i)
Inside the coastal zone, the following discretionary review requirements apply:
A.
ADUs and JADUs that do not meet the standard for exemption or exclusion under SCCC § 13.20.050 or § 13.20.051 require issuance of a combined coastal development permit (CDP) and building permit, with noticing and appeal requirements per SCCC § 13.20.107 and § 13.20.108, and subject to findings per SCCC § 13.20.110. CDPs for ADUs and JADUs located in the Commercial Agricultural (CA) zone district shall be subject to additional findings per SCCC § 13.10.314(A) and (B).
B.
ADU applications in the coastal zone in the Parks and Recreation (PR) zone district shall be processed per SCCC § 13.10.352(B), subject to special findings per SCCC § 13.10.355. JADU applications in the PR zone district shall be reviewed ministerially.
C.
ADU and JADU applications in the coastal zone in the Timber Production (TP) zone district shall be processed per SCCC § 13.10.372(B), with special findings per SCCC § 13.10.375(A).
(ii)
ADU and JADU applications that do not meet the development standards contained in this section may require a variance (per SCCC § 13.10.230), minor exception (per SCCC § 13.10.235), or other discretionary approval.
(2)
Ministerial Review Time. ADU and JADU applications that are subject to ministerial review must be approved, or a notice of deficiency sent, within 60 days of receipt of a completed building permit application. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within 60 days.
(a)
Exception to Ministerial Review Time. When a permit application to create an ADU or JADU is submitted along with a permit application for a new primary dwelling, the permit application for the ADU or JADU shall not be subject to a 60-day approval period but shall instead be subject to the approval period for the primary dwelling. If the new primary dwelling application requires discretionary review, the application for the ADU or JADU shall still be considered as a ministerially allowable use/development, unless the application meets one of the exceptions in subsection (H)(1)(a) of this section.
(3)
Fees. Prior to the issuance of a building permit for the ADU, the applicant shall pay to the County of Santa Cruz fees in accordance with the Planning Department's fee schedule as may be amended from time to time, and any other applicable fees.
(a)
The County of Santa Cruz and any other local agency, special district or water corporation shall not impose any impact fee upon the development of a JADU or an ADU less than 750 square feet.
(b)
Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.
(c)
For the purposes of this section, "impact fee" includes "fees" as defined in California Government Code Section 66000(b) and fees specified in California Government Code Section 66477. Impact fees do not include utility connection fees or capacity charges.
(4)
Declarations of Restriction for Nonhabitable Structures. A recorded declaration of restriction limiting an existing accessory structure to nonhabitable use must be rescinded to allow ADUs or JADUs in these structures.
(I)
Permit Allocations. Each ADU and JADU is exempt from the residential permit allocation system of Chapter 12.02 SCCC.
(J)
Code Enforcement Amnesty. Per California Government Code Section 17980.12, the following amnesty provisions are available until January 1, 2030, for ADUs and JADUs that were built before January 1, 2020:
(1)
A notice to correct a violation of any provision of any building standard for an ADU or JADU shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement.
(2)
The owner of an eligible ADU or JADU who receives a notice to correct violations or abate nuisances related to any building standard may submit a letter to the County of Santa Cruz Planning Department, Code Enforcement Division, requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to address an imminent hazard or dangerous condition.
(3)
The County of Santa Cruz shall grant a delay in enforcement if the Planning Department Code Enforcement Division, in consultation with the Building Official, determines that correcting the violation is not necessary to protect health and safety. The provisions of SCCC § 12.01.070 shall not apply to ADUs for which this delay has been granted.
(K)
Annual Review of Impacts. As part of the County's annual review of the General Plan and County growth management system, the County shall include a section analyzing the impacts of the ADU ordinance. The annual analysis shall include the number of ADUs constructed and the impacts such construction has created in each planning area, with particular attention to the cumulative impacts within the coastal zone. JADUs are not required to be accounted for and reported upon in this annual review. The cumulative impact issue areas to be covered include, but are not limited to, traffic, water supply (including the City of Santa Cruz water supply from Laguna, Majors, and Reggiardo Creeks, and the Davenport water supply from Mill and San Vicente Creeks), public views, and environmentally sensitive habitat areas. The preliminary report shall be sent to the Executive Director of the Coastal Commission for review and comment 14 days prior to submittal to the Board of Supervisors, on an annual basis.
If the Executive Director determines that specific enumerated cumulative impacts are quantifiably threatening to specific coastal resources that are under the authority of the Coastal Commission, the Executive Director shall inform the County in writing. Within 60 days of receipt of the Executive Director's written notice of a threat to coastal resources the County shall cease accepting applications for coastal development permits under this section in the planning area(s) in which the threat of coastal resources has been identified, pending review and approval by the Coastal Commission of the County's proposed method(s) of protecting the threatened resource.
(Ord. 3432 § 1, 1983; Ord. 3500 § 1, 1984; Ord. 3996 § 2, 1989; Ord. 4282 § 5, 1993; Ord. 4324A § 5, 1994; Ord. 4457-A § 4, 1997; Ord. 4495 § 7, 1998; Ord. 4659 § 2, 2002; Ord. 4727 §§ 1–3, 2003; Ord. 4751 §§ 1–3, 2003; Ord. 4779 § 1, 2004; Ord. 4921 §§ 15–18, 2008; Ord. 5079 § 1, 2010; Ord. 5182 § 10, 2014; Ord. 5239 § 8, 2017; Ord. 5264 § 12, 2018; Ord. 5265 § 11, 2018; Ord. 5325 § 20, 2020; Ord. 5326 § 20, 2020; Ord. 5382 § 6, 2021; Ord. 5413 § 2, 2022)
13.10.682 Permanent occupancy of manufactured homes.
(A)
Purpose. The purpose of this section is to regulate the permanent installation of manufactured homes on foundations for occupancy as single-family dwellings in accordance with and as defined in Section 65852.3 and any successor provisions of the California Government Code and Section 18300 and any successor provisions of the California Health and Safety Code. All such manufactured homes shall be designed and located so as to be compatible with neighboring conventionally built dwellings. The specifications provided by this section are designed to ensure the compatibility of manufactured homes in single-family zones with the aesthetic and architectural character of the surrounding neighborhood, in the same manner as that used by the County to approve other building permits for dwellings.
(B)
Permit Requirements. A manufactured home may be permanently installed on a foundation and occupied as a single-family dwelling in any zone district in which a single-family dwelling is an allowed use, if and when the requirements of Chapter 12.01 SCCC for issuance of a building permit have been met.
(C)
Specifications. A manufactured home shall be allowed under the provisions of this section only if it meets all of the following specifications:
(1)
Will be occupied only as a single-family dwelling; and
(2)
Will conform to all of the residential site standards of the applicable zone district; and
(3)
Was manufactured within 10 years prior to the date of the application for the issuance of a permit to install the manufactured home; has been certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.), and has not been altered in violation of applicable codes; and
(4)
Will be anchored to a permanent foundation to withstand wind and seismic forces of Zone 4 as shown on the Seismic Risk Map of the United States, according to the regulations of the Uniform Building Code currently adopted for the County of Santa Cruz; and
(5)
Will meet the following residential design standards:
(a)
Double-wide or multisectional size.
(b)
Finished with an exterior material compatible with conventionally built residential structures in the neighborhood.
(c)
Exterior covering material extending to the ground or to the top of a concrete foundation. (Alternative skirting materials commonly found on conventionally built residential structures are acceptable.)
(d)
Oriented for maximum solar access.
(D)
Applications. An application for a building permit to install a manufactured home on a permanent foundation shall contain the elements specified in SCCC § 12.01.050.
(Ord. 3432 § 1, 1983; Ord. 3593 § 16, 1984; Ord. 4036 § 2, 1989; Ord. 4496-C § 57, 1998)
13.10.683 Temporary occupancy of mobile homes and recreational vehicles.
(A)
Purpose. To allow the use of a mobile home, travel trailer or recreational vehicle by a property owner as a temporary residence during the time a permanent residence is being constructed or reconstructed on the same site, by a watchman as a temporary residence during construction of permanent buildings on the same site, or by the owner as a temporary office or storage facility during construction of any permanent building or public utility structure on the same site, but excluding accessory structures not designated for human habitation, such as garages, barns, or sheds, subject to the requirements of this section.
(B)
Permit Processing. Before any person may be allowed to use a mobile home or recreational vehicle for the above purposes, such person shall obtain a building permit for the construction project and an installation permit for the temporary mobile home, travel trailer or recreational vehicle.
(C)
Requirements for Approval. An installation permit under this section shall be issued only when the following requirements for approval have all been met:
(1)
The applicant has obtained a building permit or obtains concurrently a building permit for the building to be built on the subject property.
(2)
The applicant has obtained any permits needed for an approved water supply and sewage system.
(3)
The applicant has posted a deposit with the Department. The applicant shall post a cash deposit, a time certificate of deposit payable to the County of Santa Cruz, or equivalent security approved by County Counsel in the amount of $500.00 ($1,000 for double-wide units) to guarantee compliance with the conditions of the permit and applicable law within the time permitted or any extension thereof. The term of the deposit shall begin upon the issuance of the permit and shall remain in effect until the conditions of the permit have been fulfilled to the satisfaction of the Department. If the permittee fails to comply with all of the conditions of the permit, the Department shall take appropriate measures to obtain compliance. The permittee shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the Department in causing any and all such conditions or terms to be fulfilled, and the Department may apply as much of the deposit as needed to pay any such costs and expenses. Any unused portion of the deposit shall be refunded to the permittee upon compliance with the conditions of the permit.
(4)
No permit shall be issued under this section where the applicant has previously received a permit under SCCC § 13.10.312(B) and § 13.10.631 (caretaker in isolated agricultural zones).
(D)
Occupancy. The following conditions shall be met prior to the occupancy of the mobile home, travel trailer or recreational vehicle:
(1)
Installation of the approved water supply and sewage system which Environmental Health or the appropriate district has required.
(2)
Installation of the skirting if the unit is a mobile home.
(3)
Final inspection clearance of the mobile home, travel trailer or recreational vehicle from Inspection Services of the Planning Department.
(4)
Installation or construction of all fire protection requirements specified by the appropriate fire agency.
(5)
The unit shall be screened from public view to the greatest extent possible.
(E)
Condition of Occupancy. The following shall apply to any permit issued under this section:
(1)
The term of occupancy shall be concurrent with the term of the building permit, so long as the foundation of the permanent building is poured within 60 days of issuance of the installation permit, except for periods of grading prohibition, development moratorium, or similar circumstances.
(2)
The permittee shall diligently pursue construction in order to complete the building.
(3)
Within 15 days of the final inspection clearance of the permanent building, the permittee shall cease use of the mobile home or recreational vehicle, or travel trailer, disconnect it from water and other utility services, and, if the unit is a mobile home, the permittee shall remove it from the property.
(4)
The Planning Director or designee issuing the installation permit may add such other conditions to the permit as he/she determines to be appropriate to further the purposes of this section.
(F)
Revocation. A permit may be revoked pursuant to the provisions of Chapter 18.10 SCCC.
(G)
Right to Enter Property. Pursuant to applicable law, the County's agent shall have the right during reasonable hours to enter the subject property for the purpose of making inspections and doing necessary work to obtain compliance with the conditions of the permit, including removal of the mobile home, travel trailer or recreational vehicle.
(H)
Parking or Use of Mobile Homes Without a Permit Is Prohibited. It shall be unlawful to park or use a mobile home, travel trailer, or recreational vehicle on any parcel of land or building site for living or sleeping purposes, or to connect the same to any utility except:
(1)
When legally parked within a mobile home park, recreational vehicle park or travel trailer park.
(2)
When authorized for temporary use by a permit granted pursuant to this section.
(3)
When authorized for occupancy as a single-family dwelling by a permit granted pursuant to SCCC § 13.10.682.
(I)
A recreational vehicle or travel trailer, maintained for the property owner's or occupant's recreational use, may be stored on the property. No utility connection is allowed, nor is any occupancy allowed. Such storage may not occur on any vacant parcel.
(J)
Use of Mobile Homes, Travel Trailers, or Recreational Vehicles after a Natural Disaster.
(1)
A mobile home, travel trailer, or recreational vehicle may be used as a temporary residence after a natural disaster for which a local emergency has been declared by the Board of Supervisors, when the permanent residence on the property has been destroyed, or damaged to the extent that the Building Official has posted it "Unsafe to Occupy," or if the repairs are so extensive that temporary relocation is necessary during the period of repair or reconstruction.
(2)
Such a unit shall be connected to the existing sewer or septic system. If the sewer or septic system has been damaged and cannot be immediately repaired, or if a sewer or septic system connection approval cannot be obtained, use of a holding tank within a self-contained unit is allowed for a period of up to six months, provided no gray water or other liquid waste from any fixture is diverted from the holding tank, and provided further that either:
(a)
A service contract with an approved septic maintenance firm guaranteeing frequency of service for the intensity of use is submitted to Environmental Health for review and approval; or
(b)
The applicant provides Environmental Health with the location of dump station to be utilized and schedule for pumping out of holding tank at that dump station.
(3)
The unit shall have a water supply approved by Environmental Health.
(4)
The applicant shall obtain an installation permit for the unit and obtain final inspection clearance by the Building Official, unless the unit is totally self-contained.
(5)
The unit shall be removed from the property (for a mobile home) or disconnected from utilities (for travel trailers and recreational vehicles) prior to occupancy of the repaired or reconstructed residence, or if a permit to repair or reconstruct the permanent residence is not issued, within 24 months.
(6)
Applications for temporary occupancy of a mobile home, travel trailer, or a recreational vehicle in a mapped geologic hazard area or a mapped high damaged area shall require compliance with the provisions of Chapter 16.10 SCCC.
(Ord. 3432 § 1, 1983; Ord. 4024 §§ 2, 3, 1989; Ord. 4101 § 1, 1990; Ord. 5061 § 20, 2009)
13.10.684 Mobile home parks.
(A)
Purpose. In addition to the general objectives of this chapter, the mobile home park regulations are included in the zoning ordinance to achieve the following purposes:
(1)
To recognize mobile home parks as primarily a low to medium density urban residential use;
(2)
To regulate mobile home parks as permanent rather than interim residential uses;
(3)
To set standards for park development and procedures to enforce those standards so as to exercise the rights reserved to local jurisdictions by State law (California Health and Safety Code Division 13, Part 2.1, commencing with Section 18200). The said regulations are intended to regulate only those developments specifically planned for accommodation of more than one mobile home or manufactured home and operated under permit pursuant to Title 25, Chapter 5, of the California Code of Regulations. Regulations regarding the use of a single manufactured home as a permanent residence are found in SCCC § 13.10.682.
(B)
Location Criteria. Mobile home park developments shall be located only in the RM Zone District and in accordance with the following location criteria:
(1)
An overall goal of achieving diversity of choice of housing types within the planning areas of the County;
(2)
Safe and adequate access compatible with street plans;
(3)
Location in areas planned for urban rather than rural uses; and
(4)
Reasonable proximity to shopping, medical, public transportation and service stations for all parks, and particularly to schools and employment for family-type parks.
(C)
Permitted Uses. A mobile home park shall include only uses allowed in the zoning district in which the mobile home park is located exclusive of trailer parks for recreational vehicles and travel trailers as defined by SCCC § 13.10.700-T, subject to the following exception: Any use allowed in any residential or C-1 District either as a permitted use or a discretionary use, or any combination of such uses, may be included in a mobile home park on a site of 10 acres or more.
(D)
Procedures.
(1)
Mobile home parks may be authorized as a discretionary land use approval granted at Approval Level VII pursuant to Chapter 18.10 SCCC. All procedures for application, review, approval, appeal, enforcement, etc., shall be in accordance with Chapter 18.10 SCCC.
(2)
Notwithstanding the specific conditions of any development approval, no development approval for a mobile home park shall automatically expire if all of the following criteria are met:
(a)
The mobile home park was originally permitted for permanent, year-round occupancy and not for transient occupancy by travel trailers and/or recreational vehicles;
(b)
The property on which the mobile home park is located is designated for residential land use on the General Plan and within a residential zone district;
(c)
The development approval was properly exercised according to the terms of the approval and the requirements of the County Code; and
(d)
The use of the property as a mobile home park has not ceased for a continuous period of one year or more.
(E)
Development Standards. Standards for the development of mobile home parks should as nearly as possible be equivalent to the regulations for the district in which the mobile home development is located, while at the same time preserving the special advantages of mobile home living, such as easy maintenance, close community, easy pace, availability of services and recreation facilities.
(1)
Density. The maximum number of mobile home dwelling units allowed in a mobile home development shall be determined by dividing the net developable area in square feet, by the site area per dwelling required for the zone district in which the development is located. In no case shall this number of units exceed that which would be allowed in an RM-3 zone.
(2)
Yard Requirements.
(a)
All structures and mobile homes shall be set back at least 20 feet from the right-of-way of any street adjoining the mobile home park. The setback area shall be landscaped and continually maintained.
(b)
Minimum yard requirements around individual mobile homes, accessory buildings, carports and awnings shall be determined by California Code of Regulations, Title 25, Chapter 5.
(3)
Community Service and Open Space. A minimum of 300 square feet for each mobile home shall be devoted to community open space, conveniently located for all residents. A maximum of 27 square feet of the required 300 square feet may be used for a recreation or service building. In computing the size of this area, landscaped open spaces, required perimeter yards clearly designed for community open space, and pedestrian pathways may be taken into account. However, open spaces such as roads, boat and recreational vehicle storage areas, required perimeter yards not designed for community use and parking spaces shall be excluded from the computation.
(4)
Utilities. All utilities shall be installed underground.
(5)
Parking. Off-street parking spaces for every mobile home shall be provided in accordance with SCCC § 13.10.551, et seq., on the site of the unit unless an exception is granted pursuant to subsection (F) of this section. Regardless of any exception to the parking standards, all required mobile home parking shall be within the mobile home park. Installation of a replacement mobile home requires either approval of a parking certification pursuant to subsection (G) of this section when the required number of parking spaces exist, or an exception pursuant to subsection (F) of this section when the required number of parking spaces do not exist. No mobile home transport permit for the movement of a replacement mobile home over County-maintained roads to a mobile home park in the unincorporated portion of the County shall be approved or issued by the Department of Public Works prior to approval of a parking certification or an exception.
(6)
Access. All mobile home spaces shall be served from internal private streets within the mobile home park and there shall be no direct vehicular access from a mobile home space to a public street or alley. Internal streets shall have a clear and unobstructed access to a public thoroughfare, and the right of the public to utilize said streets shall be preserved.
(7)
Boat and Recreational Vehicle Storage. All pleasure boats and recreational vehicles shall be stored in an area set aside for such storage and shall be screened from view. Such storage shall not be allowed on any street or individual mobile home lot.
(8)
Fencing. The park property may be required to be enclosed by a fence or thick screen planting for control of view, light, sound and adequate security to achieve aesthetics and compatibility with surrounding proposed and existing development. If required, a fence within the front yard of the park property may exceed three feet in height.
(9)
Landscaping and Aesthetics.
(a)
A landscape plan for development and maintenance shall be submitted for consideration with each permit application.
(b)
Landscaping shall be used as a buffer between mobile home units and adjoining property and service areas shall be screened from view.
(c)
Trees shall be planted throughout the development and there shall be at least one tree for each 1,000 square feet of lot coverage by impervious surfaces, or as many trees as there are mobile home lots, whichever is more.
(d)
Whenever possible, plants that are indigenous to this area shall be incorporated into the landscaping plan.
(e)
All required planting shall be permanently maintained in good growing condition.
(f)
Questions of aesthetics shall be considered in judging the effect on the surrounding community and may result in special conditions relating to nonglare materials, preservation of scenic views or general considerations of the area's environmental goals.
(10)
Signs. One nonilluminated or indirectly illuminated detached appurtenant sign, identifying the mobile home park, that shall not exceed eight feet in overall height or 12 square feet, shall be permitted and shall be integrated into the landscape.
(11)
Sewage Disposal. Utilization of sanitary sewer facilities or development of a community sewage disposal system shall be provided as required in Chapters 7.38 and 7.42 SCCC. Approval of the Environmental Health Department shall be obtained.
(12)
Garbage and Rubbish Disposal.
(a)
If a garbage disposal service is available to the location of the mobile home park, park owners shall be required to use this service.
(b)
Where a service is not used, the park operator shall dispose of the park refuse by transporting it to a Health Department approved site in an appropriate vehicle.
(c)
All refuse shall be collected at least once weekly by a service or the park operator. All refuse shall be collected and transported in covered containers or vehicles.
(13)
Water. An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. Where a public supply of water of such quality is available within 1,000 feet, connection shall be made thereto and its supply shall be used exclusively. In the case of an existing well which could be adapted for multiple residential use without major overhaul, this requirement may be varied. The development of an independent water supply to serve the mobile home park shall be made only after express approval thereof has been granted by the Health Officer. In all cases, written approval of the Health Officer for the supply shall be submitted with respect to installation, adequacy and sanitation.
(14)
Drainage. Developers shall provide adequate drainage facilities to prevent damage to the park or adjacent properties all in accordance with plans reviewed and approved by the County Department of Public Works.
(15)
Fire Protection. Prior to construction, the applicant shall receive approval of the California State Division of Forestry or local fire protection district to determine the installations necessary for protection against fire.
(16)
Repealed by Ord. 5018.
(F)
Exceptions. Exceptions to all development standards established pursuant to this section may be authorized at the same approval level required for a land use approval for a new mobile home park or may be authorized with a Level IV approval for an individual space within an existing mobile home park; provided, that the following findings are made:
(1)
That there are special circumstances or conditions affecting the property;
(2)
That the exception is necessary for the proper design or function of the mobile home development;
(3)
That the granting of the exception will not be detrimental to the welfare of the residents of the mobile home park or to the public welfare or injurious to the property of the residents of the mobile home park or to other property in the area in which the property is situated; and
(4)
That the granting of the exception is in accordance with the objectives of the General Plan and elements thereof.
In making its decision whether to approve an exception for an individual space, the approving body shall take into consideration factors such as the availability of parking within the mobile home park, even if such parking is not adjacent to the affected mobile home.
(G)
Parking Certification. A parking certification, certifying that the required number of parking spaces exist for the installation of a replacement mobile home, may be issued with a Level III approval. A parking certification application shall be made by the mobile home park owner or operator, or the owner of the mobile home being replaced, or the owner of the lot in those cases where the mobile home park lots are individually owned.
(H)
Compliance Responsibility. The owner or operator of the mobile home park shall be responsible for compliance with the mobile home park development standards of this section and those of Title 25, Chapter 5 of the California Code of Regulations.
(Ord. 3432 § 1, 1983; Ord. 4036 § 7, 1989; Ord. 4370 § 5, 1995; Ord. 4496-C § 58, 1998; Ord. 4623 § 2, 2001; Ord. 4628 § 2, 2001; Ord. 4664 § 2, 2002; Ord. 4723 § 3, 2003; Ord. 4786 §§ 6, 7, 2005; Ord. 4808 § 6, 2005; Ord. 5018 §§ 1, 6, 2008)
13.10.685 Conversion of transient occupancy recreational vehicle and travel trailer parks to permanent occupancy.
(A)
Purpose. To provide for the orderly conversion of permitted, transient occupancy recreational vehicle and travel trailer parks to permanent occupancy for the purpose of maintaining and/or establishing safe permanent housing for very low income households.
(B)
Applicability. This section applies to those recreational vehicles (RV) and travel trailer parks which, as of January 1, 2000 (i.e., the Marmos Pinto Lake Resort located at 324 Amesti Street in Watsonville and the Golden Torch Trailer Park located at 6100 Freedom Boulevard in Aptos), were the subject of court proceedings brought by the County to resolve health, safety and use permit violations at the park and which are located outside of both the urban services line and the Coastal Zone.
(1)
Except where modified by the requirements of this section, all requirements of the "Mobile Home Parks Act," Division 13, Part 2.1 of the California Health and Safety Code, commencing with Section 18200, and Chapter 2 of Division I of Title 25 of the California Code of Regulations shall apply for all permanent occupancy spaces approved pursuant to this section. In the case of permanent occupancy, either manufactured housing, or conventional on-site building methods may be utilized; in such cases, the requirements and standards of Title 24 of the California Code of Regulations shall be met.
(2)
The requirements of SCCC Title 16 and the visual resources policies of the County General Plan/Local Coastal Plan shall apply for all permanent occupancy spaces approved pursuant to this section.
(C)
Definitions. The definitions listed below and those contained within Chapter 2 of Division I of Title 25 of the California Code of Regulations and Sections 18200 through 18700 of the California Health and Safety Code shall apply to this section. In the event that the following definitions conflict with those contained within the cited Code of Regulations and/or Health and Safety Codes, the following definitions shall supersede:
"Affordable housing guidelines"
means the guidelines that are adopted from time to time by the Santa Cruz County Board of Supervisors pursuant to Chapter 17.10 SCCC.
"Approving body"
means the Santa Cruz County Board of Supervisors.
"Capital improvements"
means improvements to the real property that must be newly constructed or replaced as a condition of approval to convert spaces within an RV park to permanent occupancy pursuant to this section. "Capital improvements" does not include routine maintenance or repairs.
"Conventional construction"
means typical framed ("stick-built") construction, subject to the oversight and inspection of the Building Department in accordance with the standards of Title 24 of the California Code of Regulations.
"HCD"
means the Department of Housing and Community Development of the State of California.
"Permanent dwelling unit"
means a unit, as defined in this subsection, that is located on permanent occupancy space as defined in this subsection.
"Permanent occupancy"
means occupancy for a period of nine consecutive months or longer of either: (1) a space within an RV park by the same unit, (2) a unit and space within an RV park by the same resident or residents, (3) multi-unit manufactured housing, or (4) an apartment conventionally constructed on the site as a separate building or as part of a building.
"Permanent occupancy space"
means a space in an RV park or manufactured housing that has been approved for long-term or permanent occupancy pursuant to this section.
"Resident"
means a person or household who resides in an RV park. For the purposes of this section, the terms "occupant," "tenant" and "resident" are used interchangeably to mean a "resident" as defined herein and do not have the specific meanings defined in either the recreational vehicle park occupancy law (Section 799.20, et seq., of the California Civil Code) or the mobile home residency law (Section 798, et seq., of the California Civil Code).
"RV park"
means a trailer park as defined in SCCC § 13.10.700-T and regulated in the Santa Cruz County Code. The status of a property as an RV park shall be based on the County use permit and land use designation(s) irrespective of the designation given to the park by HCD or the nature of the permit to operate issued by HCD.
"Title 24"
means Title 24 of the California Code of Regulations.
"Title 25"
means Chapter 2 of Division I of Title 25 of the California Code of Regulations.
"Unit"
means any of the following:
(1)
A "recreational vehicle" as defined in Section 18010(a) of the California Health and Safety Code;
(2)
A "park trailer" as defined in Section 18010(b) of the California Health and Safety Code;
(3)
A "manufactured home" as defined in Section 18007 of the Health and Safety Code;
(4)
A "mobile home" as defined in Section 18008 of the Health and Safety Code;
(5)
A "multi-unit manufactured housing" as defined in Section 18008.7 of the Health and Safety Code; or
(6)
An apartment conventionally constructed on the site as a separate building or as part of a building.
"Very low income household"
means a household whose annual income is less than 50 percent of the area median income as adjusted for household size and updated from time to time by HCD.
(D)
Procedures. A conversion of a permitted transient occupancy recreational vehicle and travel trailer park to permanent occupancy may be authorized as a discretionary land use approval granted at Approval Level VII pursuant to Chapter 18.10 SCCC. All procedures for application, review, required findings, approval, amendments and appeals shall be in accordance with Chapter 18.10 SCCC.
(E)
Development Standards.
(1)
Density.
(a)
The number of permanent occupancy spaces shall not exceed the number of recreational vehicle and/or travel trailer spaces authorized under the current use permit for the recreational vehicle and/or travel trailer park issued by the County. Spaces designated for tent camping in the use permit may not be converted to permanent occupancy. Continued use of spaces for transient occupancy may be allowed, if such use, including any required amenities and conditions of operation, are clearly incorporated into the conversion permit.
(b)
The maximum number of permanent occupancy spaces shall be established based on compliance with the following: the sewage disposal standards and requirements established by Environmental Health Services for permanent occupancy, the water supply standards and requirements established by Environmental Health Services, the California Department of Health Services or the applicable water purveyor required for permanent occupancy and the development standards established in this section.
(2)
Yard Requirements.
(a)
The front yard setback for the park shall be 40 feet. The side and rear yard setbacks shall be 20 feet.
(b)
A six-foot separation, as specified by Title 25, or approved fire wall as defined in Section 504.6.2 of the California Fire Code or as specifically approved by HCD shall be maintained between all permanent dwelling units.
(3)
Community Areas.
(a)
Open Space and Required Amenities. A minimum of 200 square feet of open space per permanent occupancy space shall be provided, as follows:
(i)
At least 50 percent of the required open space area shall be provided as community open space, located in areas convenient for the benefit and use of all of the residents. Community open space areas shall have no dimension less than 20 feet. Parking and roadways shall not be counted as a part of the community open space. The park shall have recreation facilities and playground(s) of sufficient size and in suitable locations to meet the needs of the park residents. The area of recreation facilities and playgrounds may be included as community open space.
(ii)
Each permanent occupancy space shall have at least 100 square feet of usable open space, defined as any side or rear yard or combination of yards with minimum dimensions of eight feet.
(b)
Restrooms/Showers. Restrooms and showers shall be provided for the use of the residents. The number of restrooms and showers is dependent upon the number of permanent dwelling units, as well as the number of permanent dwelling units which have toilet and shower facilities. At a minimum, one toilet, one sink and one shower shall be provided for each gender. An additional toilet, sink and shower shall be provided for every five permanent dwelling units that do not have toilet and/or shower facilities. Lighting which meets or exceeds the minimum requirements of Title 25 of the California Code of Regulations shall be installed in these facilities. Restroom/shower buildings shall have adequate heating facilities to maintain a temperature of 65 degrees (Fahrenheit) during cold weather and to provide at least three gallons of continuous hot water per hour per unit during the times of peak demand.
(c)
Optional Amenities. The approving body may approve other amenities to serve the residents of the park, such as convenience stores and laundries, if all requirements for their installation can be met.
(4)
Parking. A parking management plan shall be submitted for review by the County and approval by the approving body. The parking management plan shall specify how the park will comply with the following parking standards and detail the procedures for ensuring long-term compliance with these standards. One off-street parking space shall be provided and located near each permanent unit. Guest parking of an additional 20 percent over the residential requirement shall be provided at various locations in the park. All required parking shall be provided within the park boundaries. Dimensions of all parking spaces shall comply with the requirements of SCCC § 13.16.060(E), et seq. Because parking is limited, no inoperable vehicle shall be kept within the park for a period of longer than 10 business days.
(5)
Roads and Access.
(a)
All access roads and driveways shall meet the fire agency requirements for turning radii, overhead clearance and surfacing. The minimum widths of roadways shall conform to the requirements of Title 25, including that two-way roadways shall be no narrower than 18 feet in width, and one-way roads shall be no narrower than 12 feet in width and shall be clearly marked as one-way.
(b)
All permanent occupancy spaces shall be served from internal private roads or walkways within the park. There shall be no direct vehicular access between an individual space and a public or private street or alley. Internal streets shall have a clear and unobstructed access to a public thoroughfare.
(c)
Pedestrian access shall be provided throughout the park to provide safe and convenient access to amenities, open space areas, and public roadways.
(6)
Fencing. A six-foot-high solid wood fence or masonry wall shall be provided along the side and rear property lines of the park to ensure security and separation from adjacent properties. Fences and/or gates in the front yard shall be allowed only if they are compatible with the character of the neighborhood, and shall not exceed three feet in height unless it can be demonstrated that it will not adversely affect sight distance, as determined by the Department of Public Works and the applicable fire district.
(7)
Landscaping. A plan for the development and permanent maintenance of landscaping for the park shall be submitted for review and approval by the Planning Department. Landscaping shall be installed to provide screening between adjacent development and the permanent units, and to enhance the open space areas, as appropriate.
(8)
Garbage and Refuse Disposal. The park owner shall specify how garbage and recyclable materials will be stored, collected and disposed of. The park owner shall, at a minimum, provide for weekly collection of garbage and recyclable materials from the park. More frequent collection may be required, if determined to be necessary by the approving body.
(9)
Sewage Disposal. All sewage and/or gray water shall be disposed of in a disposal system approved by County Environmental Health Services pursuant to Chapter 7.38 SCCC.
(10)
Water. An accessible, adequate, safe and potable supply of water shall be provided to each permanent unit in the park. Water service may be provided either through a community water system that is approved by County Environmental Health Services pursuant to Chapter 7.71 SCCC, or a system approved by the California Department of Health Services or by connection to a public water system.
(11)
Drainage. A drainage plan, prepared by a registered professional engineer, shall be submitted for review by the Planning Department and the Department of Public Works and approval by the approving body. Ponding underneath RVs is prohibited.
(12)
Fire Protection. All requirements of the applicable fire protection agency shall be met, except for those road width and unit separation standards of the fire district that exceed the standards of Title 25 or this section.
(13)
Lighting. Site lighting shall be; provided, that meets or exceeds the minimum illumination standards of Title 25.
(F)
Development Standards—Permanent Dwelling Units.
(1)
A compacted level pad shall be provided for each permanent dwelling unit. Each unit shall be anchored to the pad through an anchoring system approved by the County, HCD or HUD.
(2)
Each permanent dwelling unit shall be permanently connected to electrical, gas, water, and sewer systems by approved connections, per the requirements of Title 25.
(3)
Skirting shall be installed on permanent dwelling units to prevent access underneath the unit and to provide an aesthetic appearance of the unit.
(4)
All replacement permanent dwelling units installed after the issuance of the conversion permit shall comply with Health and Safety Code Section 18604, which requires that units meet minimum construction standards. Allowable replacement dwelling units include:
(a)
A "recreational vehicle" as defined in Section 18010(a) of the California Health and Safety Code except that neither truck campers nor tent trailers shall be allowed;
(b)
A "park trailer" as defined in Section 18010(b) of the California Health and Safety Code;
(c)
A "manufactured home" as defined in Section 18007 of the Health and Safety Code;
(d)
A "mobile home" as defined in Section 18008 of the Health and Safety Code;
(e)
A "multi-unit manufactured housing" as defined in Section 18008.7 of the Health and Safety Code; or
(f)
An apartment conventionally constructed on the site as a separate building or as part of a building.
(5)
Any accessory structure on a permanent occupancy space shall comply with the development standards of this section and applicable building codes, shall be specifically authorized by both park management and the enforcement agency, and shall be constructed in accordance with appropriate permit(s).
(G)
Exceptions to Development Standards. Exceptions to the development standards set forth in this section may be granted in order to facilitate the conversion of existing transient occupancy recreational vehicle and/or travel trailer parks to permanent occupancy parks with minimal displacement of existing residents. As part of consideration of an application by the park owner, a tenant or a tenant's organization may request exceptions and conditional exceptions to the park or unit development standards established pursuant to subsections (E) and (F) of this section and the approving body may authorize such exceptions, other than exceptions to the requirements for minimum septic and water systems; provided, that the following findings can be made:
(1)
That the exception is necessary for either the proper design or function of the permanently occupied park or space, or to minimize the displacement of park residents; and
(2)
That the granting of the exception will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which the property is situated; and
(3)
That the granting of the exception is in accordance with the objectives of the County General Plan/Local Coastal Plan.
(H)
Conversion Conditions. The conversion of an RV park to permanent occupancy may be approved in whole or in part by the approving body, subject to the development standards in subsections (E) and (F) of this section, the exceptions allowed under subsection (G) of this section and the following conditions:
(1)
Income Eligibility of Residents. The occupancy of permanent occupancy spaces shall be restricted to very low income households for the life of the park. The affordable housing guidelines shall be followed to establish the income and eligibility of residents. For the purposes of this section, if the park receives State or Federal financial assistance the average income shall not exceed the very low limits. The approving body may authorize the property manager to verify the eligibility of residents. Notwithstanding the above, the following residents shall be excluded from these income eligibility requirements:
(a)
One required on-site management representative plus any other park employee(s) identified in the management plan; and
(b)
Existing residents of the park at the time the conversion to permanent occupancy is approved, but only to the extent the approving body determines it is necessary to minimize the displacement and relocation of existing tenants.
(2)
Maximum Rents and Other Charges. The rents charged for permanent occupancy spaces and nonowner occupied dwelling units that occupy permanent occupancy spaces shall be restricted for the life of the park as specified below. These restrictions shall be included in the use permit, a recorded regulatory agreement and the individual leases with residents.
(a)
Space Rent. The rent and rent increases that may be charged for permanent occupancy spaces shall not exceed the amounts that are allowed under the mobile home rent adjustment ordinance, Chapter 13.32 SCCC, regardless of the length of occupancy of the individual residents of these spaces.
(b)
Combined Rent for Dwelling Units and Spaces and Multi-Unit Manufactured Housing. The combined rent that may be charged for nonowner occupied dwelling units and spaces or multi-unit manufactured housing or apartments shall not exceed the maximum amounts that may be charged for very low income rental units under the affordable housing guidelines.
(c)
Alternative Standards for Assisted Projects. Notwithstanding subsection (H)(2)(b) of this section, the approving body may approve alternative affordability standards and/or a range of maximum combined rents for nonowner occupied dwelling units and spaces if the park receives State or Federal financial assistance and the average combined rent charged for these dwelling units and spaces will not exceed the maximum rent allowed for lower income rental units under the affordable housing guidelines.
(3)
Relocation Assistance. Relocation of tenants temporarily or permanently dislocated from the park as a result of the conversion shall be subject to relocation assistance, as provided under Chapter 8.45 SCCC.
(4)
Management, Operation and Implementation Plans. Prior to approval of a conversion permit for a park that requires capital improvements and/or is the subject of a current code enforcement action by the County, State of California or a local fire protection district, the park owner must submit a park improvements implementation plan, a management plan, and a maintenance and operations plan as follows:
(a)
Park Improvements Implementation Plan. This plan must address both the timing and financing plan for bringing the park into compliance within five years, in accordance with the standards of this section and related permit conditions. The plan is subject to approval by the approving body and shall contain the following provisions:
(i)
Improvements. The plan must include a reasonable and orderly plan for converting the physical facilities of the park and complying with the conditions of approval of the conversion permit, while minimizing the impact on park tenants and adjacent property owners/residents.
(ii)
Improvement Financing. The plan must include a detailed estimate of all costs related to conversion of the park to permanent occupancy, including physical improvements and temporary and permanent tenant relocation costs. In addition, the plan must include a method for financing these costs. The financing method shall indicate a realistic plan for financing the costs consistent within the time allowed for conversion by the approving body. Financing may take the form of front-end financing (cash on hand or loan) and/or financing over time. Financing over time may be approved through the creation of a formal set-aside of part of the rent proceeds. The amount of the set-aside shall be established by the approving body, based upon a review of the proposed financing plan. Final approval of the park conversion may be conditioned upon evidence of a loan commitment or the existence of funds on hand. Whatever the form of financing, funds for the park conversion must be deposited in a capital improvement fund independently administered by the property manager, as described in subsection (H)(4)(b)(i) of this section, or other independent party approved by the County.
(iii)
Extensions. If, after the park owner has demonstrated to the satisfaction of the County that additional time is needed to complete the implementation plan, the approving body may grant an extension to the completion date as specified in the approved implementation plan. In considering whether to approve an extension to the implementation plan, the approving body shall make a determination that the park owner has proceeded in a diligent manner to complete the plan and to comply with the conditions of the conversion permit. This determination shall be based on the financial data submitted by the park owner as well as a review of the quarterly reports required as a condition of this permit. Upon granting additional time for the park owner to complete the implementation plan, the approving body may require the park owner to provide additional funding for the capital improvement fund to cover expenses not identified by the park owner as a part of the approved implementation plan.
(iv)
Waiver. The approving body shall waive or reduce the requirements for this plan if (A) neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit, or (B) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.
(b)
Management Plan. The management plan shall provide for long-term property management and maintenance of all facilities and improvements. The management plan shall address all applicable conditions of the conversion permit including detailed information concerning any planned displacement and/or relocation of existing residents and the replacement of substandard units within the park. The management plan shall provide for both a property manager and an on-site manager, and shall include proposed lease agreements, the proposed park rules, and the parking management plan required per subsection (E)(4) of this section, subject to the following provisions:
(i)
The property manager shall be an experienced management agent, with demonstrated ability to operate residential facilities similar to the project in a manner that will provide decent, safe, and sanitary housing. The property manager shall be responsible for overseeing the capital improvement fund, hiring and managing the on-site manager, and providing regular reports to the County. The park owner shall submit for the County's approval the initial and all subsequent property managers until the conversion is completed and the project has been in compliance with the conditions of the conversion permit for three years. The owner shall also submit additional information to the County relevant to the background, experience and financial condition of any proposed property manager as is reasonably necessary for the County to determine whether the proposed property manager meets the qualifications standards as set forth above. If the proposed property manager meets the standard set forth above, the County shall indicate its approval by notifying the owner in writing. Unless the proposed property manager is disapproved by the County within 30 days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. The property manager shall be responsible for ensuring that all units that are moved into the park meet all standards set forth in this section and in compliance with all applicable State and local laws and regulations.
(ii)
The on-site manager shall be an employee of the property manager and shall demonstrate adequate experience and qualifications for the position. While the County is not required to approve the on-site manager, the property manager must notify the County within 30 days of appointing the initial and subsequent on-site managers of their names, responsibilities, assigned work hours and qualifications. In addition to other duties assigned by the property manager, the on-site manager shall be responsible for enforcing park rules, including monitoring of parking and abandoned vehicles consistent with this subsection and the permit requirements.
(iii)
All lease agreements shall contain appropriate language pertaining to the rights and responsibilities of the owner(s) of the unit and the occupant(s) under the conditions of the conversion permit, including but not limited to:
A.
A provision requiring compliance with the parking management plan;
B.
A requirement that no inoperable vehicles be stored within the park;
C.
A provision that subletting is either not allowed, or that units may only be sublet to very low income households as required by subsection (H)(1) of this section, and that the maximum combined rent for the home and space is restricted pursuant to subsection (H)(2)(b) of this section;
D.
Notice of the unit owner's responsibility to bring the unit into compliance with the standards within certain time limits, as set forth in subsection (F) of this section, and notice that if the unit is replaced at any time, the replacement unit must meet the standards as set forth in subsection (F)(4) of this section;
E.
Notice that the storage of hazardous materials is not allowed; and
F.
Notice that the unit owner and/or unit occupant is responsible for compliance with the requirements of this section as they apply to the unit and/or space.
(iv)
Owner Operator. Notwithstanding any language in this subsection (H)(4)(b) which may indicate otherwise, the County may approve a qualified park owner or park owners to act as the property manager and/or on-site manager described in this subsection (H)(4)(b).
(v)
Waiver. The approving body shall waive or reduce the requirements for this management plan if (A) the park is not the subject of a code enforcement action by the County, State of California or a local fire protection district, or (B) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.
(c)
Maintenance and Operations Plan. The owner shall submit a plan for financing the ongoing operations and maintenance of the park within the budget for the park. That plan, which must be approved by the County, must include an annual operating budget which provides for maintenance at a level which guarantees that the park will be maintained in a safe and sanitary condition. That plan must also provide for either (i) an annual set-aside of three percent of the annual operating budget for a maintenance reserve plus a minimum annual contribution of two percent of the annual operating budget to a capital replacement reserve for the purpose of financing future capital replacement of fixtures, equipment and improvements or (ii) the maintenance of a fully funded replacement reserve account using the methods, procedures and standards laid out for common interest developments in California Civil Code Sections 1365(a) and 1365.5(e). The approving body shall waive or reduce the requirements for this plan if (1) the park is not the subject of a code enforcement action by the County, State of California or a local fire protection district and neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit or (2) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.
(5)
Capital Improvement Fund. As a condition of permit approval, the owner shall be required to establish a capital improvement fund within 30 days of approval of a conversion permit for the purpose of financing the improvements and other costs related to the conversion as described in the park improvements implementation plan, and for any relocation assistance required under Chapter 8.45 SCCC. The owner shall deposit all front-end contributions, proceeds from loans and rent or other set-asides into this fund, equivalent to the amount needed to meet the requirements of the approved park improvements implementation plan, as established in subsection (H)(4)(a) of this section and as approved by the approving body. This fund shall be administered by the property manager, who shall be accountable for monitoring all contributions to and expenditures from the fund, and periodically providing a report to the owner and County on fund activity and balance. In order to ensure that all proceeds are directed to the required site improvements and related costs, all disbursements from the capital improvement fund shall be subject to advance approval by the County. The approving body shall waive or reduce the requirements for this fund if (a) neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit, or (b) the park receives State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.
(6)
Securities. The approving body may require securities, such as insurance, a performance bid, letter of credit or similar method, to guarantee the completion of all required park improvements and compliance with the plans required under subsections (H)(4)(a), (b) and (c) of this section, and related relocation costs.
(I)
Monitoring and Compliance.
(1)
Status Reports. The park owner shall submit to the County periodic status reports detailing compliance with the conditions of the conversion permit. Such reports shall be submitted quarterly until issuance of a certificate of completion for the conversion, and annually thereafter. During the conversion period, the report shall include a status report on the capital improvement fund and the capital improvement activities, prepared by the property manager. All status reports shall include a listing of unit occupancy and eligibility and indicate all subleases.
(2)
Completion Report. At the time that the owner believes that the conversion is completed, the owner shall submit a formal report, for review and approval by the County, that summarizes all improvements made, the total cost for those improvements, the final disposition of the capital improvement fund, and any relocation payments made. Upon review of that document and a field review of the site, if the County finds that the project has met all of the permit requirements, it shall issue the owner a letter acknowledging completion of the requirements for conversion. Failure to complete the conversion within the time limits established in the use permit may result in the revocation of the use permit pursuant to Chapter 18.10 SCCC.
(3)
Inspections and Enforcement. County staff shall conduct inspections of a park receiving approval for conversion immediately following receipt of a status report and at other times, as warranted. All deficiencies shall be reported to the park owner in writing within 10 business days of their discovery. The park owner shall correct all reported deficiencies within 15 business days following receipt of the report from the County, unless a longer time period has been agreed to in advance by the County. Continued failure to comply with the conditions of approval of the conversion permit shall subject the property owner to the provisions of Chapter 19.01 SCCC.
(4)
Fees. The owner shall pay such fees as may be deemed necessary for the County to monitor and enforce the conditions for the conversion permit.
(Ord. 4587 § 1, 2000; Ord. 4657 § 1, 2002; Ord. 4663 § 1, 2002; Ord. 4731 § 3, 2003; Ord. 4802 § 3, 2005)
13.10.686 Large family child care homes in nonresidential zone districts.
Repealed by Ord. 5423.
(Ord. 4814 § 6, 2006; Ord. 4883 § 2, 2007; Ord. 5182 § 11, 2014)
13.10.689 Commercial visitor accommodations.
(A)
The purpose of this section is to establish definitions, use conditions, and permit review regulations applicable to commercial visitor accommodation land uses.
(B)
Definitions.
(1)
"Commercial visitor accommodations"
means commercial visitor serving facilities for short-term (less than 30 days) overnight use. Commercial visitor accommodations do not include agricultural farmstays (see SCCC § 13.10.641) or short-term rentals (see SCCC § 13.10.694).
(a)
"Type A visitor accommodations"
means hotels, motels, and bed and breakfast inns (subject to SCCC § 13.10.691) with an individual room or cabin for each customer.
(b)
"Type B visitor accommodations"
means camps, campgrounds, and group quarters/dormitory-style visitor accommodations, including RV or tent campgrounds, hostels, and visitor accommodations associated with organized camps and conference centers (subject to SCCC § 13.10.692).
(2)
"Visitor accommodations (VA) unit"
means a room, cabin, or suite. VA units can include kitchens and bathrooms.
(C)
Commercial Visitor Accommodations Allowed.
(1)
Inside the USL and RSL, visitor accommodation shall be allowed in the zone districts and at the densities as detailed in Table 13.10.689-1.
Table 13.10.689-1: Commercial Visitor Accommodations Maximum Density Inside the USL/RSL | |||
|---|---|---|---|
Zone Districts Where Visitor Accommodations Are Allowed | Type A | Type B | |
Hotels and Motels | Bed and Breakfast Inns | Camps, Campgrounds, Group Quarters | |
Agriculture (A) | NA1 | 20 VA units | NA1 |
Commercial Centers (C-1, C-2) | No maximum density | 20 VA units | NA1 |
Commercial Visitor-Serving (CT, VA) | No maximum density | 20 VA units | 1 overnight guest per 600 square feet gross site area |
Residential (RA, RR, R-1, RM) | Small scale, no maximum density2 | 12 VA units | 12 overnight guests per acre gross site area |
Timber Production (TP) or Parks and Recreation (PR) | 3 VA units per acre gross site area | 3 VA units per gross acre, up to 20 VA units | 12 overnight guests per acre gross site area |
1. NA = Not allowed in this zone district. |
2. Coastal special communities only per SCCC § 13.20.140. |
(2)
Outside the USL and RSL, visitor accommodation shall be allowed in the zone districts and at the densities as detailed in Table 13.10.689-2.
Table 13.10.689-2: Commercial Visitor Accommodations Maximum Density Outside the USL/RSL | |||
|---|---|---|---|
Zone Districts Where Visitor Accommodations Are Allowed | Type A | Type B | |
Hotels and Motels | Bed and Breakfast | Camps, Campgrounds, Group Quarters | |
Agriculture (A) | NA1 | 10 overnight guests per rural matrix unit, up to 20 VA units2 | NA1 |
Commercial Centers | No maximum density | NA1 | |
Commercial Visitor-Serving (CT, VA) | No maximum density | 20 overnight guests per rural matrix unit2 | |
Residential | Small scale, no maximum density | 10 overnight guests per rural matrix unit2 | |
Timber Production (TP) or Parks and Recreation (PR) | 10 overnight guests per rural matrix unit2 | 10 overnight guests per rural matrix unit2 | |
1. NA = Not allowed in this zone district. |
2. Calculate rural matrix units per Chapter 13.14 SCCC, using applicable General Plan designation density range as shown in General Plan Chapter 7, Table 7-3: Commercial Recreation Building Intensities. |
3. Coastal special communities only per SCCC § 13.20.140. |
(3)
Combining Types of VA Facilities. Types of visitor accommodations may be combined; however, combined densities may not exceed the maximum allowed for the total number of acres (urban) or matrix units allowed (rural).
(4)
Employee Housing. All on-site residential units shall be reserved for exclusive use by owners and employees, shall not substantially reduce or degrade the use of the site for visitor accommodations, and shall comply with the following requirements:
(a)
Employees for Type A units: Maximum of one employee dwelling unit per site.
(b)
Employees for Type B units: The number of employee dwelling units shall be based on a demonstrated need for residential employees and approval of such shall be stated as a permit condition. Accommodation for up to five employees may be provided without counting toward density. Accommodation for more than five employees shall be calculated in combination with commercial visitor accommodations based on the maximum allowed density for the site.
(5)
Day Use. Day use guests visiting a rural visitor accommodation site are allowed at a rate of 30 guests per matrix unit, calculated based on matrix units that are not otherwise allocated to overnight visitors or employee housing.
(6)
Limited Visitor Accommodation. Commercial visitor accommodations such as seasonal camps that are only open part of the year may have the same total number of overnight guests and day users during the open season that would otherwise be allowed year-round, based on the number of months the camp is open.
Use the following formula:
12 months | x | maximum allowed overnight guests and/or day users calculated based on maximum density table | |
Number of months in open season (rounded to the nearest month) | |||
(7)
Density Reductions.
(a)
All values given in subsections (C)(1) through (C)(6) of this section are maximums and may be reduced based on services and access constraints, compliance with Chapter 13.11 SCCC, or adverse environmental impacts.
(8)
Expansion of Organized Camps With Nonconforming Densities. For expansion of existing camps with use permits and nonconforming density, the densities of new facilities shall be calculated independent of existing nonconforming densities and shall be based solely on the number of matrix units the new land acquisition merits. Where the new land acquisition is contiguous with the parcel containing the nonconforming use, the facilities resulting from the matrix units for the land acquisition may, at the discretion of the Planning Commission and the Board of Supervisors, be located anywhere on the applicant's holdings. These provisions shall not be construed to prevent the Board of Supervisors from abating nonconforming uses or structures pursuant to SCCC § 13.10.260, § 13.10.261 and § 13.10.262 where such facilities are found to create a public health hazard or a public nuisance or to be environmentally degrading.
(9)
Coastal Priority Sites. Inside the Coastal Zone, the performance standards in Appendix G of the General Plan/Local Coastal Program Land Use Plan for priority accommodations sites also apply.
(D)
Use Conditions. The following standards shall apply to all visitor accommodations projects and shall be incorporated into conditions of approval:
(1)
All visitor accommodations projects shall be managed for short-term occupancy with occupancy limited to not more than 29 consecutive days and limited to 29 days in any one calendar year by an individual or group of occupants, except that single-ownership units may be occupied by the owner(s) up to 45 days in any one calendar year.
(a)
Notwithstanding the foregoing, visitor accommodations described as follows may be occupied by the owner(s) up to 90 days in one calendar year: units located on coastal bluff property which has been the subject of litigation in which a remittitur was issued by the California Court of Appeal on or before April 25, 1983, in a decision requiring the County of Santa Cruz to grant either "compensating densities" in excess of "the base densities" thereon, or to grant "some other transfer of development rights," and which litigation has been settled by "Stipulation for Judgment and Judgment Thereon."
(2)
Centralized, on-site management shall be provided at all times for the maintenance and operation of the visitor accommodations, related facilities, and the property. Such management may be provided by the property owner or by a separate management firm under contract. Plans for management shall be submitted to and approved by the Planning Director and a transient occupancy tax permit obtained from the Treasurer-Tax Collector by such management prior to the issuance of building permits.
(3)
Deed restrictions running with the property and limiting use to short-term occupancy and providing for the maintenance of centralized rental and management of the facility shall be recorded prior to issuance of building permits.
(4)
All visitor accommodations shall be subject to any County uniform transient occupancy tax ordinance or a special tax on time-share units, camping units, or other visitor accommodations. Reports of the occupancy of visitor accommodations together with payment of transient occupancy taxes or any other taxes due from the use of visitor accommodations shall be made in accordance with SCCC § 4.24.080.
(Ord. 5423 § 34, 2022; Ord. 5497, 8/19/2025)
13.10.690 Reserved.
Repealed by Ord. 5497, 8/19/2025.
(Ord. 5266 § 7, 2018; Ord. 5346 § 7, 2020; Ord. 5366 § 7, 2021)
13.10.691 Bed and breakfast inns.
(A)
A bed and breakfast inn offering one or more rooms (up to a maximum of 20) for rent may be operated if the use is allowed in the applicable zone district and the required Level IV use approval is obtained.
(B)
The following guidelines for bed and breakfast inns and any additional conditions deemed applicable shall be made a part of the permit:
(1)
All California Building Code and Fire Code requirements for the level of occupancy shall be met.
(2)
All environmental health regulations shall be met, including water supply and septic system capacity, if applicable, as follows:
(a)
When a private water supply serves the premises, the operator will be required to obtain a bacteriological analysis of the water by an approved laboratory to demonstrate that the water is safe to drink.
(b)
Individual sewage disposal systems will be evaluated to determine if the system is adequate for the increased loading. A fee is required for this service.
(3)
In sewered areas, all applicable sanitation district fees shall be paid, and regulations/code shall be satisfied.
(4)
One off-street parking space shall be provided for each commercial guest room, in addition to the spaces normally required for the dwelling.
(5)
One unlighted sign with a maximum size of six square feet may be displayed. The words "hotel" or "motel" shall not be allowed. The sign's size, color, text, and location shall be as specified under this use approval.
(6)
At least one toilet, lavatory, and shower or bathtub shall be provided for each 10 guests. Where a multiple storied building is utilized, there must be a toilet, lavatory, and shower or bathtub on each floor.
(7)
Adequate storage for clean and dirty linen shall be provided.
(8)
Appropriate space and ventilation for each room shall be provided. Minimum space is 70 square feet per bedroom for two persons, 50 square feet for each additional person.
(C)
The bed and breakfast inn shall be registered with the County Tax Collector as being subject to the transient occupancy tax, and the use approval for a bed and breakfast inn shall become effective when the applicant obtains a transient occupancy permit from the County Tax Collector. Quarterly reports shall be filed and taxes paid as required by law.
(D)
An annual bed and breakfast inn health permit shall be obtained.
(E)
Operation of the bed and breakfast inn shall be subject to the following continuing requirements:
(1)
The operator shall reside in the inn;
(2)
Guest stays shall be limited to 30 days;
(3)
No cooking shall be allowed in guest rooms; and
(4)
Food service shall be limited to breakfast served exclusively to lodgers, and facilities shall conform to the requirements of the California Health and Safety Code, Part 7, California Retail Food Code, as updated from time to time and enforced based on the required annual health permit inspection.
(F)
Different or additional restrictions, including but not limited to restrictions on parking, sign area or placement, hours of meals service, and sale of nonalcoholic beverages, may be placed on any bed and breakfast use to meet specific concerns.
(Ord. 3432 § 1, 1983; Ord. 3632 § 20, 1985; Ord. 5266 § 7, 2018; Ord. 5423 § 35, 2022)
13.10.692 Organized camps and conference centers.
(A)
Purposes. The purposes of the special use regulations for organized camps and conference centers are as follows:
(1)
To foster the commercial use of the scenic and recreational values in the County, while the County benefits from the preservation of scenic elements, revenue from the visitors of the camps, and assistance in fire protection.
(2)
To maximize preservation of the environment and the amenities of a site by allowing flexible development procedures while controlling density, access, and impacts on neighboring properties.
(B)
Description of Uses. The following organized camp and conference center uses and facilities may be established as part of a Planning Commission development permit approval:
(1)
Indoor facilities such as: kitchens, dining rooms, laundries, administrative offices, maintenance buildings, meeting halls, restroom and shower facilities, gymnasiums and other indoor recreation facilities.
(2)
Visitor accommodations facilities subject to the density requirements contained in the PR Zone District, SCCC § 13.10.689(C)(1).
(3)
Educational facilities, including residential and day schools, at densities as specified in the PR District, SCCC § 13.10.689(C)(1); this density is instead of an equivalent amount of visitor accommodations and/or living units, not in addition to.
(4)
Outdoor facilities such as parking areas, playgrounds, athletic fields, picnic areas, and swimming, riding, and boating facilities.
(5)
Permitted and discretionary uses in the CA Zone District, SCCC § 13.10.312.
(6)
Appurtenant, accessory facilities for participants only, such as: studios, libraries, museums, dispensaries, camp stores.
(C)
Accessory Uses. The following organized camp and conference center accessory uses and facilities may be added by a Zoning Administrator approval to a previously approved organized camp development permit:
(1)
Facilities for drainage and erosion control, sewerage, water supply, walkways, security and fire protection.
(2)
Signs, identification and directional, subject to the regulations for signs in the PR Zone District, SCCC § 13.10.582.
(3)
Improvement or replacement of existing facilities with no increase in total capacity.
(4)
Permitted uses in the CA Zone District.
(D)
Operating and Development Standards. In addition to the zone district development standards and the policies of the General Plan, the following special operating and development standards shall apply to organized camps and conference centers:
(1)
The minimum site area shall be not less than 20 acres unless pre-existing.
(2)
Yards along front, side, and rear property lines shall be a minimum of 30 feet.
(3)
Building height shall not exceed 25 feet.
(4)
All structures shall conform to the Uniform Building Code.
(5)
The facility shall meet all regulations and requirements of the Environmental Health Division of the County Health Services Agency.
(6)
The facility and property shall conform to all requirements of the appropriate fire district.
(Ord. 3432 § 1, 1983; Ord. 5487, 6/10/2025)
13.10.693 Time-share uses.
Time-share uses are prohibited in the unincorporated area of the County of Santa Cruz unless and until standards are established requiring provision of adequate infrastructure or in lieu fees therefor to mitigate the impacts of time-share uses. Notwithstanding the foregoing, approval of permit renewal (time extension) may be granted pursuant to SCCC § 18.10.133 as to any development permit for time-share uses issued prior to October 23, 1986; provided, that such approval shall be subject to the conditions that the applicant for time extension agrees in writing that the County of Santa Cruz has the legal authority to impose a reasonable infrastructure fee as a condition of approval of permit renewal (time extension).
(Ord. 3632 § 21, 1985; Ord. 3803 § 1, 1986)
13.10.694 Short-term rentals.
(A)
Purpose. The purpose of this section is to establish regulations applicable to the short-term rental of residential dwelling units or bedrooms in a residential dwelling unit for periods of not more than 30 days at a time. These regulations are in addition to all other provisions of this title. This section does not apply to Pajaro Dunes, where short-term rentals are governed by an existing development permit.
(B)
Applicability. Short-term rentals are allowed in zone districts as specified in the Use Charts contained in this chapter.
(1)
Habitable and non-habitable accessory structures, accessory dwelling units (ADUs), legally restricted affordable housing units, balconies, porches, and sheds shall not be used for short-term rental. Recreational vehicles shall only be used for short-term commercial lodging on parcels appropriately zoned and permitted for such uses and are not allowable for short-term rental use. Short-term rentals may be allowed in properties with Junior Accessory Dwelling Units (JADUs) pursuant to subsection (D)(7)(c)(i).
(2)
Short-term rentals are prohibited within the Mobile Home Park (MH) Combining District, multifamily dwellings of four units or more, units approved pursuant to SCCC § 13.10.327, and parcels that have been subject to an urban lot split pursuant to SCCC § 13.10.328.
(3)
Notwithstanding other provisions of this section, an existing short-term rental permit shall not be revoked due to additional requirements contained in this section adopted after the ordinance implementing changes to this section takes effect, as long as ownership of the parcel does not change. This exception extends to renewal applications for permits existing at the time changes to this section take effect, except as provided in subsection (D)(4).
(C)
Definitions. For the purposes of this section, the following words and phrases shall be defined as set forth in this section. In the event of any conflict between the definitions in this section and definitions of the same or similar terms in SCCC § 13.10.700, the definitions herein shall prevail.
(1)
"Block"
means the properties abutting both sides of a street, or one side of a one-sided street, extending from one intersecting street to another, or to the terminus of the street, as indicated on the official Block Maps (adopted by the Board of Supervisors on August 18, 2020). In the DASDA, "blocks" shall apply only in the town of Davenport, extending to all the R-1 zoned parcels along San Vincente Street, in New Town on Cement Plant Road, Adeline, and 1st, 2nd, and 3rd Streets, and on Davenport Landing.
(2)
"Davenport/Swanton designated area" or "DASDA"
means that portion of the North Coast Planning Area bounded on the south by Riverside Avenue and San Vincente Street in the unincorporated town of Davenport, and extending north along Highway 1 to include the areas of New Town and Davenport Landing south of Highway 1, and bounded on the north by the intersection of Swanton Road and Highway 1, and including all parcels within one-quarter mile of Swanton Road, but excluding any parcels that abut Last Chance Road, as depicted in Figure DASDA, which is incorporated within the ordinance codified in this section.
(3)
"Director"
means the Director of the Community Development and Infrastructure Department, or their designee.
(4)
"Department"
means the Community Development and Infrastructure Department.
(5)
"Hosted rental"
means a legal dwelling unit with two or more bedrooms, where a long-term resident acting as host occupies one or more bedrooms in a dwelling unit, while no more than three legal bedrooms are rented for the purpose of overnight lodging for a period of no more than 30 days.
For the purposes of these regulations the following are not considered to be hosted rentals: (1) ongoing month-to-month tenancy granted to the same tenant for the same space, (2) permitted non-hosted rentals in which the entire home is rented while no host is present, and (3) short-term rentals within a home, which meet the requirements of bed and breakfast inns per SCCC § 13.10.691 and are permitted as such. |
(6)
"Hosting platform"
means a marketplace in whatever form or format facilitating short-term rental activity through advertising, matchmaking, or any other means, using any medium of facilitation, and from which the operator of the hosting platform derives revenues, directly or indirectly, including fees for booking transactions or advertising revenues from providing or maintaining the marketplace.
(7)
"Live Oak designated area" or "LODA"
means the Harbor Area Special Community (as described in the General Plan—Local Coastal Program and depicted on the General Plan—Local Coastal Program map) and that portion of Live Oak that lies east and south of East Cliff Drive and Portola Drive from the intersection of 9th Avenue and East Cliff Drive to the intersection of Portola Drive and 41st Avenue, as depicted in Figure LODA, which is incorporated within the ordinance codified in this section.
(8)
"Non-hosted rental"
means a legal dwelling unit where the owner/operator/local property manager/agent does not occupy the dwelling unit while it is rented, only the guests thereof occupy the dwelling unit while it is rented, and the dwelling unit is rented for the purpose of overnight lodging for a period of not more than 30 days.
Where there is more than one dwelling on a property as part of a legal dwelling group, not more than one dwelling part of the dwelling group can be permitted as a non-hosted rental and the owner/operator/contact person/agent may live in a dwelling that is not used as a non-hosted rental. For the purposes of these regulations, the following are not considered to be non-hosted rentals: (1) ongoing month-to-month tenancy granted to the same renter for the same unit, (2) a house exchange for which there is no payment, (3) renting of individual rooms in a dwelling unit while the primary occupant remains on site, or (4) permitted hosted rentals. |
(9)
"Sea Cliff/Aptos/La Selva designated area" or "SALSDA"
means that portion of the Aptos Planning Area bounded on the west by the Capitola city limit, on the north by Highway 1, and on the east and southeast by Bonita Drive, San Andreas Road, the Urban Services Line from San Andreas Road to Monterey Bay, and the community of La Selva Beach, as depicted in Figure SALSDA, which is incorporated within the ordinance codified in this section.
Short-term rentals in the following areas and streets shall not be limited by, or count toward, SALSDA caps or block density limits: Pot Belly Beach Road; Las Olas Drive; those residentially zoned parcels in the Rio Del Mar flats consisting of parcels fronting on Stephen Road, Marina Avenue, and Venetian Road between its intersection with the Esplanade and Aptos Beach Drive to its intersection with Lake Court and Stephen Road; those parcels fronting on or gaining access from Cliff Court or fronting on or gaining access from Rio Del Mar Boulevard between its intersection with Aptos Beach Drive and Beach Drive to its intersection with Kingsbury Drive, Cliff Drive, and Beach Villa Lane; Beach Drive; and Via Gaviota. |
(10)
"Short-term rental"
includes a hosted rental or a non-hosted rental, or both.
(D)
Short-Term Rental Program Operation.
(1)
Short-Term Rental Permits.
(a)
Every short-term rental property shall hold both a valid short-term rental permit and a Transient Occupancy Tax registration certificate. Both must remain valid for the duration of the operation of the short-term rental.
(b)
Short-term rental permits shall remain valid for a period of five years at a time, beginning on the effective date of issuance of the permit.
(c)
Approval of a short-term rental permit does not legalize any non-permitted use or structure.
(d)
Short-term rental permits are issued to property owners for a specific property and are not transferable between owners or properties.
(e)
Transfer of property with current short-term rental permit. When a property transfer triggers reassessment pursuant to California Revenue and Taxation Code Section 60 et seq., as determined by the Assessor, the short-term rental permit associated with the property shall expire and shall become nonrenewable at the time of property transfer. Any future use of the subject property as a short-term rental shall require approval of an application for a new short-term rental permit rather than a renewal application.
(f)
Short-term rental permits are subject to revocation as provided for in SCCC 18.10.136, and subject to the violation provisions of subsection (E)(12).
(2)
Short-Term Rental Registry. The Department shall keep a current registry of all valid short-term rental permits.
(3)
STR Hotline. The County will utilize a short-term rental (STR) hotline applicable to all short-term rental properties:
(a)
Purpose of Hotline: The STR hotline will serve as a centralized resource for receiving and addressing complaints or inquiries related to properties permitted for short-term rental use, ensuring timely responses to neighborhood concerns and regulatory compliance.
(b)
Hotline Signage: Each short-term rental property must display a sign that includes the County's STR hotline number. The sign shall be placed on the subject property so as to be clearly seen and readily readable from each right-of-way providing primary vehicle access to the subject property. Signs shall be located so as to not interfere with vehicular line of sight and must conform to County-established specifications for size and format.
(c)
Cost Allocation: Costs associated with the establishment, operation, and maintenance of the STR hotline shall be distributed among permit holders as part of the permit fees. These fees will be periodically reviewed and adjusted as necessary by the Board of Supervisors to reflect actual County expenses to operate the STR hotline.
(4)
Short-Term Rental Concentrations, Caps, and Permit Waiting Lists.
(a)
Designated Area Caps. In the Live Oak Designated Area ("LODA"), the Seacliff/Aptos/La Selva Designated Area ("SALSDA"), and the Davenport/Swanton Designated Area ("DASDA"), as defined in subsection (C), the maximum number of short-term rental permits is as follows:
(i)
Within the LODA, no more than 262 non-hosted rental permits shall be issued, and no more than 18 hosted rental permits shall be issued, for a total of 280 short-term rentals in the LODA. Within the SALSDA, no more than 147 non-hosted rental permits shall be issued, and no more than 45 hosted rental permits shall be issued, for a total of 164 short-term rentals in the SALSDA. Within the DASDA, no more than three non-hosted rental permits shall be issued, and no more than four hosted rental permits shall be issued, for a total of seven short-term rentals in the DASDA.
(ii)
Effective January 1, 2026, if unused permits are available in designated areas, the total number of non-hosted rental permits in each Designated Area shall be reduced by up to 10 permits per year over a five-year period. No existing permit holder shall lose their permit or ability to renew if the short-term rental is consistent with the provisions of subsection (B)(3).
(b)
Designated Area Block Density Limits. In the LODA, the SALSDA, and the DASDA, as defined in subsection (C), no new short-term rental shall be approved if its approval would result in a block density greater than 20%, when counting parcels on the same block with short-term rentals of the total parcels on that block that allow residential use. In these cases, the applicant may choose to be placed on the short-term rental waiting list until such time that their application for a short-term rental permit will not cause the block density to exceed 20%. Regardless of the block density limit, short-term rental permit renewals for existing non-hosted rentals may still be granted.
(i)
A Designated Area Block Map adopted by resolution of the Board of Supervisors shall assign parcels to blocks to determine block capacity for future short-term rental permits within each Designated Area.
(ii)
Designated Area Block Map Adjustment. Several areas throughout the County, especially in the LODA and SALSDA, are comprised of incongruous, or atypically shaped, "blocks." The Designated Area Block Map is intended to clarify that parcels are permanently assigned to a block in the most organized fashion possible; however, adjustment of blocks may be warranted in certain circumstances. In conjunction with applying for a short-term rental permit, an applicant may apply for a Designated Area Block Map Adjustment.
(iii)
Designated Area Block Map Adjustment Application. An application to amend the Designated Area Block Map or "Block Map" shall be approved by the Planning Commission. The application shall be accompanied by a written description of the proposed amendment, a map showing the proposed amendment, the reasons for the request, and by any supporting information as may be available and appropriate or as may be requested by the Director to process the application.
(iv)
Fees. Applications for Designated Area Block Adjustment shall be processed in accordance with the Unified Fee Schedule adopted by the Board of Supervisors.
(v)
A Block Map Adjustment may be approved based on the following finding:
Adjustment of the Block Map is warranted because the block in question is incongruous and such adjustment of the Block Map will not result in an overconcentration (20% or more) of parcels with short-term rentals on the assigned block.
Notwithstanding the 20% block maximums, each block in the LODA, the SALSDA, or the DASDA may have at least one parcel with a short-term rental, if the applicable short-term rental regulations otherwise allow for issuance of a short-term rental permit (i.e., the overall Designated Area limits on numbers of short-term rentals are not exceeded).
(c)
Short-Term Rental Caps Outside of Designated Areas.
(i)
Non-Hosted Rental Caps Outside the Designated Areas. No more than 270 non-hosted rental permits shall be issued outside of the Designated Areas. If permits issued to existing non-hosted rentals equals or exceeds 270, no permits shall be issued to new non-hosted rentals outside the Designated Areas until the total number of active non-hosted rental permits outside the Designated Areas falls below 270 through attrition.
(ii)
Hosted Rental Caps Outside the Designated Areas. No more than 185 hosted rental permits shall be issued outside of the Designated Areas. If permits issued to existing hosted rentals equals or exceeds 185, no permits shall be issued to new hosted rentals outside the Designated Areas until the total number of active hosted rental permits outside the Designated Areas falls below 185 through attrition.
(iii)
Short-term rentals in the following areas and streets shall not be limited by, or count toward, countywide caps: Pot Belly Beach Road; Las Olas Drive; those residentially zoned parcels in the Rio Del Mar flats consisting of parcels fronting on Stephen Road, Marina Avenue, and Venetian Road between its intersection with the Esplanade and Aptos Beach Drive to its intersection with Lake Court and Stephen Road; those parcels fronting on or gaining access from Cliff Court or fronting on or gaining access from Rio Del Mar Boulevard between its intersection with Aptos Beach Drive and Beach Drive to its intersection with Kingsbury Drive, Cliff Drive, and Beach Villa Lane; Beach Drive; and Via Gaviota.
(d)
Limitation on Proximity of Non-Hosted Rentals. No new permits shall be issued if approval would cause a residentially zoned parcel to be adjacent to two or more parcels with active non-hosted rental permits. For the purposes of this provision, adjacent shall mean a shared parcel line or two parcels that would share a parcel line if the road or alley between them were removed. In these cases, the applicant may choose to be placed on the short-term rental waiting list until such time that their application for a short-term rental will not result in such a configuration. An existing short-term rental which is in good standing with the County as of the effective date of the ordinance codified in this section shall not be denied renewal of their short-term rental permit solely on this basis.
(e)
Limitation on Multiple Short-Term Rental Permits Per Person. No one person or entity shall be issued more than one short-term rental permit, either for a hosted rental or a non-hosted rental. When a short-term rental permit is due for renewal for an applicant who has been previously issued more than one short-term rental permit, the applicant shall choose one short-term rental permit to renew, and the remaining rental permit(s) shall be revoked and operation as a short-term rental ceased.
(f)
Limitation on Multiple Short-Term Rental Permits Per Parcel. A single parcel may be issued only one short-term rental permit. When a short-term rental permit is renewed on a property with more than one short-term rental, the applicant shall choose one short-term rental to renew, and the remaining rental permit(s) shall be revoked and operation as a short-term rental ceased.
(g)
Short-Term Rental Permit Waiting List. The Department shall maintain a short-term rental permit waiting list or "waiting list" if the number of short-term rental permits is at or exceeds the limits and caps established under this section. Prospective applicants shall submit requests via a Short-Term Rental Permit Waiting List Request Form. Applicants for the waiting list must be the current owner(s) of the property. The waiting list request shall become void upon transfer of ownership in accordance with the criteria outlined in subsection (D)(1)(e).
(i)
Non-refundable Short-Term Rental Permit Wait List Fee. The Director may charge a waiting list fee, as prescribed in the Unified Fee Schedule, for the administrative cost of maintaining a Short-Term Rental Permit Waiting List.
(5)
New Short-Term Rental Permits.
(a)
Application Requirements. Permits will be made available to new short-term rentals on a first come, first served basis, at such time that availability occurs and in conformance with subsection (D)(4)(g). Applicants for a new short-term rental permit shall provide all application materials required by the Department, including, but not limited to, the following:
(i)
Completed application form.
(ii)
Nonrefundable application fee as established by the Board of Supervisors. The fee will cover the estimated costs of processing the application for a new short-term rental permit. Upon notice by the Department, applicants may need to provide additional funds to cover further processing and enforcement costs.
(iii)
Copy of County of Santa Cruz Transient Occupancy Tax Certificate number, for the purpose of the operation of a short-term rental.
(iv)
Plans, which do not need to be drawn by a professional, drawn to scale including the following:
A.
Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces.
B.
Floor plan showing all rooms with each room labeled as to room type.
(v)
Proof of registration with the County Emergency Alert and Warning platform, CruzAware.
(vi)
List with the names of all hosting platforms or any other mediums in which the proposed short-term rental will be advertised.
(vii)
Copy of listing to be used on hosting platforms or any other mediums to advertise the proposed short-term rental. Listings of the proposed short-term rental shall conform to specifications outlined in subsection (E)(10).
(viii)
Copy of Short-Term Rental Housing Rules which shall conform to specifications outlined in subsection (E)(3).
(ix)
Affidavit or other proof of compliance with the Tenant Displacement Protection provision outlined in subsection(D)(5)(c).
(b)
Site Visit Requirement. New hosted and non-hosted rental permit applications may require an on-site inspection of the property as determined by County staff to verify compliance with applicable safety, habitability, and zoning requirements. Site inspections shall also confirm adherence to permit application standards outlined in this section.
(c)
Tenant Displacement Protection. If a new short-term rental permit would require the termination of an existing tenancy without just cause as defined in Civil Code Section 1946.2 as amended, the applicant shall be liable to pay the lessee six months of the dwelling's actual rent. The application shall include evidence, under penalty of perjury, that this provision has been met.
(6)
Renewal of Short-Term Rental Permit. Short-term rental permits must be renewed every five years. Short-term rental permits expire on the first business day on or after the date five years after the effective date of the initial permit unless an application for renewal has been received by the Department. An application to renew a permit for a short-term rental shall be made no sooner than 180 days before the expiration date of the existing permit, and no later than the date of expiration of that permit. Determination that the application is complete shall stay the expiration of the existing permit until final action is taken on the renewal application. Except as provided in SCCC § 18.10.124(B), no public hearing shall be required and administrative action on permit renewal applications shall be by the Director.
(a)
Renewal Application Requirements. Applicants for renewal of a permit for a short-term rental shall provide the following to the Department:
(i)
Completed application form.
(ii)
Nonrefundable application fee as established by the Board of Supervisors. The fee will cover the estimated costs of processing the application for a renewed short-term rental permit. Upon notice by the Department, applicants may need to provide additional funds to cover further processing and enforcement costs. Department staff may require a site visit as part of the renewal application process.
(iii)
Proof of payment of Transient Occupancy Tax for the use of the dwelling as a short-term rental and a summary of the dates the unit was used as a short-term rental between the time of issuance of the existing permit and the date of application for the renewal.
(iv)
Proof of Significant Use. Renewal applications must show significant rental use for three out of the previous five years. Significant rental use shall be interpreted to include no fewer than 10% of weekend nights in a given year, or a minimum occupancy of five weekends or 10 nights per calendar year.
(v)
Proof of registration with the County Emergency Alert and Warning platform, CruzAware.
(vi)
List with the names of all hosting platforms or any other mediums in which the proposed short-term rental will be advertised.
(vii)
Copy of listing to be used on hosting platforms or any other mediums to advertise the proposed short-term rental. Listings of the proposed short-term rental shall conform to specifications outlined in subsection (E)(10).
(viii)
Copy of Short-Term Rental Housing Rules which shall conform to specifications outlined in subsection (E)(3).
(ix)
Any additional requirements for hosted and non-hosted rental permits shall be applicable pursuant to subsections(D)(7) and (D)(8), respectively.
(b)
Approval for renewal of a short-term rental renewal permit shall be based on affirmative findings as set forth in SCCC § 18.10.230(A), and with consideration of factors identified in the applicable short-term rental violations provisions herein. Denial of an application for renewal shall be based on one or more of the required findings not being able to be made, as set forth in SCCC § 18.10.230(A), and with consideration to factors that would support non-renewal of the short-term rental permit, or if applicants do not provide all required renewal materials as detailed herein.
(7)
Hosted Rentals.
(a)
The purpose of this section is to establish regulations specifically applicable to bedrooms in a dwelling unit that are rented as hosted rentals for periods of no more than 30 days at a time. These regulations are in addition to all other provisions of this title.
(b)
New or renewal hosted rental permits shall require a Minor Use Permit as defined in SCCC, Chapter 18.10.
(i)
Applications for new hosted rental permits for properties containing a permitted JADU shall require an Administrative Use Permit as defined in SCCC Chapter 18.10.
(c)
Hosted rentals are allowed in any legal dwelling unit with no more than three bedrooms in any zone district where a residential use is allowed unless otherwise specified in the Use Charts contained in this chapter.
(i)
Properties containing a permitted JADU may be used as a hosted rental provided that the property owner or immediate family member resides on the property.
(8)
Hosted Rental Permit Requirements.
(a)
Applications for new hosted rental permits shall meet the requirements provided in subsection (D)(5).
(b)
Applications for a hosted rental renewal permit shall meet the requirements provided in subsection (D)(6).
(c)
Applicants for a new or renewal permit for a hosted rental shall also provide the following to the Department:
(i)
An affidavit verifying the legality, safety and habitability of the guest room or rooms including the presence of an egress door or window in the sleeping area, access to facilities for sanitation, and the proper number and location of working carbon monoxide detectors and smoke detectors in the residence.
(d)
All permitted hosted rentals shall comply with the following performance standards in addition to the standards in subsection (E) for their operations:
(i)
Number of Allowed Guests. The maximum number of guests allowed in a hosted rental shall not exceed three people per hosted bedroom. Children under eight are not counted toward maximum occupancy. Rental to unaccompanied minors under the age of 18 is prohibited.
(ii)
Advertisements. Except as required by subsection (D)(3), on-site advertising signs or other displays indicating that the residence is being utilized as a short-term rental are prohibited.
(iii)
Food. No cooking shall be allowed in any guest room or in any bathroom. Food service, if provided, shall be limited to breakfast served to guests only, and shall be subject to applicable regulations of the Environmental Health Division of the Santa Cruz County Health Services Agency.
(iv)
Habitability. The hosted rental shall provide facilities for sleeping, bathing, and bathroom access inside of a permanent dwelling that is suitable for human occupancy. Rental of sleeping space in or on balconies, porches, tents, sheds, vehicles, RVs, or outdoor areas is prohibited as part of a hosted rental.
(v)
Parking. Guests of hosted rentals shall bring only one car per hosted bedroom to the hosted rental property. These cars may be parked on site or in legal street parking close to the host property.
(9)
Non-Hosted Rentals.
(a)
The purpose of this section is to establish regulations specifically applicable to dwellings that are rented as non-hosted rentals for periods of not more than 30 days at a time. These regulations are in addition to all other provisions of this title.
(b)
Non-hosted rentals are allowed in all zone districts that allow residential use with no requirement for any other use, unless otherwise specified in the Use Charts contained in this chapter. Habitable accessory structures, non-habitable accessory structures, accessory dwelling units ("ADUs") constructed under the provisions of SCCC §§ 13.10.681, 13.20.107, or 13.20.108, and legally restricted affordable housing units shall not be used as non-hosted rentals.
(c)
For new non-hosted rental permit applications for dwellings of three bedrooms or fewer, except as provided in SCCC § 18.10.124(B), no public hearing shall be required and action on these applications shall be by the Director through the Administrative Use permit process as provided in SCCC § 18.10.131(B). Appeals of the action on the application may be made by any member of the public pursuant to SCCC § 18.10.324, and the Director may refer the application to the Zoning Administrator or Planning Commission for a public hearing in accordance with SCCC § 18.10.124(B).
(d)
For new non-hosted permit applications for dwellings consisting of four or more bedrooms, the application shall be considered at a public hearing in accordance with Conditional Use permit public hearing procedures as provided in SCCC § 18.10.131(C). Any new non-hosted rental permit issued for non-hosted rentals consisting of four or more bedrooms will be given a one-year provisional permit subject to review for compliance with non-hosted rental code requirements prior to granting the remainder of the standard five-year term. When a public hearing is required, notice of such a public hearing shall be provided not less than 10 calendar days before the public hearing, pursuant to SCCC §§ 18.10.117 through 18.10.119.
(e)
Applications for new non-hosted rental permits shall meet the requirements provided in subsection (D)(5), and in addition, the following shall apply to applications for a permit for a new non-hosted rental:
(i)
Applicants for a permit for a new non-hosted rental shall provide a copy of the sign to be posted identifying the dwelling unit as a permitted non-hosted rental pursuant to the requirements of subsection (D)(9)(h)(vii).
(f)
For renewal applications for non-hosted rentals, except as provided in SCCC § 18.10.124(B), no public hearing shall be required and action on these applications shall be by the Director through the Administrative Use permit process as provided in SCCC § 18.10.131(B). Appeals of the action on the application may be made by any member of the public pursuant to SCCC § 18.10.324, and the Director may refer the application to the Zoning Administrator or Planning Commission for a public hearing in accordance with SCCC § 18.10.124(B).
(g)
Applications for non-hosted rental renewal permits shall meet the requirements provided in subsection (D)(6), and in addition, the following shall apply to applications for a permit for a new non-hosted rental:
(i)
Applicants shall provide a copy of the sign to be posted identifying the dwelling unit as a permitted non-hosted rental pursuant to the requirements of subsection (D)(9)(h)(vii).
(h)
All permitted non-hosted rentals shall comply with the following performance standards in addition to subsection (E) for their operations:
(i)
Shared-Wall Affidavit Requirement. No new non-hosted rental use may be permitted in a dwelling unit having a common wall or walls with another dwelling unit, unless the applicant provides a written agreement acceptable to the County and signed by the record owner(s) of the adjoining dwelling unit(s) either at the time of application submittal or prior to approval of the non-hosted rental permit, stating that they are aware of the proposed non-hosted rental use and have no objection to issuance of a permit for such use. The agreement shall be binding on the parties thereto and their successors in interest for so long as the short-term rental permit for which the agreement was submitted, if issued, remains valid, and each party shall be responsible to inform its own successor(s) in interest in the unit of the agreement as part of the sale or transfer of the unit to such successor(s).
(ii)
Affordable Housing Restriction. Residences that are subject to affordable housing covenants and/or are income-restricted for affordable housing purposes are not eligible for a non-hosted rental permit.
(iii)
New Permit Required Following Expansion of Permitted Non-Hosted Rental. In addition to any other permits required for a proposal to expand the square footage of a permitted non-hosted rental structure by an amount equal to or more than 50% or to increase the existing number of bedrooms by demolition or remodeling, a new non-hosted rental permit shall be required for an existing non-hosted rental and shall be subject to the limits and caps set forth in subsection (D)(4).
(iv)
Local Property Manager. All non-hosted rentals shall designate a local property manager who is located within 30 miles of the permitted non-hosted rental property. The local property manager shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. A property owner who lives within 30 miles of the permitted non-hosted rental property may designate themself as the local property manager. Failure to respond within 60 minutes of being contacted, as verified by County Code Enforcement staff or the County Sheriff, shall constitute a significant violation and may lead to revocation of the permit in accordance with SCCC § 18.10.136.
(v)
CruzAware. Local property managers must be registered for the County Emergency Alert and Warning platform, CruzAware, for all locations that they manage to ensure that if there is an emergency or pending emergency, they can notify non-hosted rental occupants in a timely manner.
(vi)
Permit Noticing. The applicant shall mail, deliver, or otherwise provide the name, address, email contact, and telephone number(s) of the local property manager, and the beginning and expiration dates of the non-hosted rental permit, to the Department, the Auditor-Controller-Treasurer-Tax Collector, the County Sheriff's Office, and the local fire agency, and to the property owners of all properties located within a 300-foot radius of the boundaries of the parcel on which the non-hosted rental is located. Proof of mailing or delivery of the contact information to all of the above shall be submitted to the Department within 30 days of permit approval, amendment, or renewal. The name, address, email and telephone number(s) of the local property manager shall be permanently posted in the non-hosted rental unit in a prominent location. Any change in the local property manager's address or telephone number shall be promptly furnished to the agencies and neighboring property owners as specified in this subsection. Property manager contact information shall be furnished to the Department annually to ensure current, comprehensive information is available to notify property managers or occupants of emergency or hazardous conditions. This provision is applicable to all active non-hosted permit holders, including those holding permits at the time this provision is enacted.
(vii)
Signs. All non-hosted rentals shall have a sign identifying the structure as a permitted non-hosted rental, which shall be placed no more than 20 feet back from the nearest street. The sign must display the beginning and end dates of the five-year term of the non-hosted rental permit. Additionally, all signs shall prominently display the Short-term Rental Hotline, pursuant to subsection (D)(3), with the hotline information being the largest and most visible text on the sign. This information shall be updated upon any renewal of the permit. The sign shall conform to County-established specifications as outlined in SCCC § 13.10.580 and SCCC § 13.10.581. A sign required by this subsection shall be continuously maintained while the dwelling is used as a non-hosted rental.
(viii)
Number of Guests Allowed. The number of guests allowed in a non-hosted rental shall not exceed two per legal bedroom plus two additional guests (children under eight years old not counted). For celebrations and gatherings between 8:00 a.m. and 10:00 p.m., the maximum number of people allowed is twice the maximum number of guests allowed.
(ix)
Vehicle Parking.
A.
The number of vehicles a non-hosted rental guest is allowed to park on-site and off-site (specific to the neighborhood) shall not exceed the number of existing, required, or permitted parking spaces.
B.
The on-site parking requirements for new non-hosted rental permits shall be a minimum of one on-site space for one- and two-bedroom units, and a minimum of two on-site spaces for three- or more bedroom units.
C.
The guest will be allowed to park one additional vehicle off-site, except on roads which do not allow for street parking. Where street parking is allowed, the guest must use street parking for the off-site vehicle in the vicinity of the non-hosted rental but will not have any exclusive or assigned use of any available street parking. Should off-site parking occur within a parking district, the non-hosted rental permit holder will be required to purchase a parking permit at the business rate and will not be eligible for residential parking permit allocations.
D.
In situations where the required on-site parking cannot be provided, an on-site parking exception may be requested in conjunction with a Conditional Use Permit application for a non-hosted rental permit, for consideration by the Zoning Administrator at a public hearing. The Zoning Administrator shall make the following finding in conjunction with approval of the parking exception:
Existing traffic and parking on nearby streets and properties would not be adversely affected by granting of an on-site parking reduction, as off-site parking is typically available and not subject to significant levels of congestion.
The Zoning Administrator shall not make the above finding if an encroachment into the public right-of-way exists that prevents parking along the frontage of the subject property. In these cases, the applicant for the short-term rental permit shall be required to remove the encroachment in order to provide parking along the frontage of the subject property.
(E)
Operation Standards for Short-Term Rentals. All permitted short-term rentals shall comply with the following performance standards for their operations:
(1)
Short-term rentals shall be operated, maintained, advertised, booked, and facilitated in a manner that complies with the County Code, and all other applicable State and federal laws and regulations.
(2)
Short-term rentals must not adversely affect the residential character of the neighborhood by causing nuisance activities, including, but not limited to, illegal parking, disturbances of the peace, excessive noise, vibration, glare, light, odors, littering, or create other impacts that unreasonably interfere with a community, neighborhood, or any person's reasonable enjoyment of their residence.
(3)
Posting of House Rules. Short-term rental house rules shall be included in the rental agreement, if applicable, and posted inside the short-term rental in a location readily visible to all guests. The house rules shall include, but not necessarily be limited to, the following: number of guests allowed, number of vehicles, noise limits, rules for pets, prohibition on events and outdoor parties, prohibition on illegal behavior or disturbances including an explicit statement that fireworks are illegal in Santa Cruz County, directions for trash management (e.g., trash to be kept in covered containers only), and emergency evacuation instructions.
(4)
County Emergency Alert and Warning Platform Registration. CruzAware registration information shall be posted in a prominent location inside the short-term rental to ensure access to emergency alerts is available to occupants during their stay.
(5)
Noise. All short-term rentals shall comply with the noise standards set forth in SCCC Chapter 8.30, and a copy of that chapter shall be posted inside the rental in a location readily visible to all guests. No use of equipment requiring more than standard household electrical current at 110 volts or activities that produce noise, dust, odor, or vibration detrimental to occupants of adjoining dwellings is allowed within the short-term rental.
(6)
Pets. Pets, if allowed by the owner, shall be secured on the property at all times. Continual nuisance barking by unattended pets is prohibited.
(7)
Events Prohibited. No weddings, outdoor parties, or similar activities are authorized under a short-term rental permit.
(8)
Management. The short-term rental permit holder is responsible for ensuring that the property does not become a nuisance due to short-term rental activity.
(9)
Transient Occupancy Tax. Each short-term rental shall meet the regulations and standards set forth in SCCC Chapter 4.24, and as administered by the County Tax Collector including any required payment of Transient Occupancy Tax.
(10)
Listings and Advertising. All listings on hosting platforms and any other advertising for short-term rentals shall include the short-term rental permit number in a prominent location. Where photos with numbers are allowed, a photo containing the permit number shall be included where the permit number is visible and legible. Additionally, for non-hosted rentals, a photo of the required signage, if applicable, that includes the 24-hour contact information and non-hosted rental identification is required. Advertising shall also include the number of overnight guests allowed, maximum number of people allowed for celebrations, number and location of on-site parking spots, approximate location of off-site parking spots, restrictions on noise, permit number, and language on road conditions if the property is located in a mountainous area. Advertising a short-term rental for a property without a short-term rental permit and out of compliance with the requirements listed herein is a violation of this chapter and violators are subject to the penalties set forth in SCCC § 13.10.696 and Chapter 19.01. Hosting platforms shall comply by listing only permitted properties.
(11)
Dispute Resolution. By accepting a short-term rental permit, short-term rental owners agree to engage in dispute resolution and act in good faith to resolve disputes with neighbors arising from the use of a dwelling as a short-term rental. Unless an alternative dispute resolution entity is agreed to by all parties involved, dispute resolution shall be conducted through the Conflict Resolution Center of Santa Cruz County.
(12)
Violation. It is unlawful for any person to use or allow the use of property in violation of the provisions of this section or any conditions of approval contained in a short-term rental permit. The penalties for violation of this section are set forth in SCCC § 13.10.696 and, Chapter 19.01, Enforcement of Land Use Regulations.
(a)
A violation of any of the requirements to obtain a short-term rental permit may be grounds for denial of a new short-term rental permit application. Further, violations of short-term rental regulations, or of any other provisions of the Santa Cruz County Code, may be grounds for denial of a renewal application or revocation of an existing short-term rental permit after consideration at a public hearing by the Zoning Administrator (or by the Planning Commission upon referral).
(b)
If more than two significant violations occur on a short-term rental property within a 12-month period, the permit shall be noticed for a public hearing to consider permit revocation pursuant to SCCC § 18.10.117.
(i)
"Significant violations" are: citations for violation of SCCC Chapter 8.30 (Noise); violation of any specific conditions of approval associated with the permit; mis-advertising the capacity and limitations applicable to the short-term rental; written warnings, or other documentation filed by law enforcement; violations of State or County health regulations; non-compliance with a public health order or emergency regulation issued by State or local authorities which may limit use and occupancy of short-term rentals; delinquency in payment of Transient Occupancy Taxes, fines, or penalties; non-responsive property management, including failure by the host or local property manager to respond to calls within 60 minutes; and failure to maintain required signage. In the event a permit is revoked, the person or entity from whom the permit was revoked shall be barred from applying for a short-term rental permit for the same parcel without prior consent of the Board of Supervisors.
(c)
It is unlawful to make a false report to the Sheriff's Office regarding activities associated with short-term rentals.
(F)
Annual Reports. The Department shall provide information annually to the Board of Supervisors on permit and enforcement activity pursuant to this chapter.
(Ord. 5092 § 6, 2011; Ord. 5198 § 1, 2015; Ord. 5229 § 5, 2016; Ord. 5264 § 13, 2018; Ord. 5265 § 12, 2018; Ord. 5266 § 8, 2018; Ord. 5345 § 5, 2020; Ord. 5365 § 5, 2021; Ord. 5497, 8/19/2025)
13.10.695 Hosting platform responsibilities.
(A)
Subject to applicable laws and as requested by the County, hosting platforms shall disclose to the County the URL and permit number for each short-term rental listing located in the County.
(B)
All hosting platforms that display short-term rental listings for properties located in Santa Cruz County shall require all owners using the platform to include a permit number in any listing for a short-term rental on the platform, at the time the hosting platform receives a fee for the booking transaction.
(C)
A hosting platform shall remove any listing for a short-term rental from the platform after notification by the County that the short-term rental listing lacks a permit number or the permit number is invalid, expired, or has been revoked. The notification must identify the listing(s) to be removed by its URL and state the reason for removal. The platform shall remove the listing within 10 business days of notification.
(D)
A hosting platform that collects money on behalf of the short-term property owner must collect and remit to the County of Santa Cruz all transit occupancy taxes payable pursuant to SCCC Chapter 4.24.
(E)
Safe Harbor. A hosting platform operating exclusively on the internet, which operates in compliance with subsections (A), (B), (C), and (D) above, shall be presumed to be in compliance with this chapter, except that the hosting platform remains responsible for compliance with the administrative subpoena provisions of this chapter.
(F)
The provisions of this section shall be interpreted in accordance with otherwise applicable State and federal law(s) and will not apply if determined by the County to be in violation of, or preempted by, any such law(s).
(Ord. 5497, 8/19/2025)
13.10.696 Enforcement-Hosting platforms.
(A)
The provisions of this section shall be interpreted in accordance with otherwise applicable State and federal law(s) and will not apply if determined by the County to be in violation of, or preempted by, any such law(s).
(B)
In addition to any other remedy provided by law, any hosting platform that violates its obligations under SCCC § 13.10.695 shall be subject to an administrative penalty of up to $1,000 per violation per day, notwithstanding any contrary limitations set forth in SCCC Chapter 1.13. Such penalties may be issued and processed per any procedure authorized under State or local law.
(C)
Any interested person may seek an injunction or other relief to prevent or remedy violations of SCCC § 13.10.695. The prevailing party in such an action shall be entitled to recover reasonable costs and attorney's fees.
(D)
The County may issue and serve upon hosting platforms administrative subpoenas as necessary to obtain specific information regarding home-sharing and short-term rental listings located in the County, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing and the price paid for each stay, to determine whether the home-sharing and short-term rental listings comply with this chapter. Any subpoena issued pursuant to this section shall not require the production of information sooner than 30 days from the date of service. A person that has been served with an administrative subpoena may seek judicial review during that 30-day period.
(E)
The remedies provided in this section are not exclusive, and nothing in this section shall preclude the use or application of any other remedies, penalties or procedures established by law.
(Ord. 5497, 8/19/2025)
