This chapter shall be known as the “planning and zoning regulations of the County of Santa Cruz,” or the “Zoning Ordinance.” [Ord. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

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. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

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. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

(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. 5423 § 1, 2022; Ord. 5182 § 4, 2014; Ord. 4166 § 5, 1991; Ord. 4027 § 2, 1989; Ord. 3432 § 1, 1983].

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. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

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. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

(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.

*    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. 5423 § 1, 2022; Ord. 5307 § 1, 2019; Ord. 5305 § 1, 2019; Ord. 5294 § 1, 2019; Res. 79-2019, 2019; Ord. 5286 § 2, 2018; Ord. 5063 § 1, 2010; Ord. 4873 § 2, 2007; Ord. 4836 § 3, 2006; Ord. 4577 § 1, 1999; Ord. 4460 § 1, 1997; Ord. 4370 § 1, 1995; Ord. 4346 § 5, 1994; Ord. 3844 § 2, 1987; Ord. 3632 § 2, 1985; Ord. 3432 § 1, 1983].

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].

(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].

Part II. ORDINANCE AND PERMIT ADMINISTRATION

Repealed by Ord. 5423. [Ord. 3432 § 1, 1983].

Repealed by Ords. 5429 and 5423. [Res. 79-2019, 2019; Ord. 5286 § 3, 2018; Ord. 5210 §§ 1, 2, 2015; Ord. 5200 § 3, 2015; Ord. 5119 § 2, 2012; Ord. 4843 § 1, 2006; Ord. 4817 § 2, 2006; Ord. 4783 § 3, 2005; Ord. 4767 § 3, 2004; Ord. 4764 § 3, 2004; Ord. 3593 § 1, 1984; Ord. 3432 § 1, 1983].

(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. 5423 § 4, 2022; Ord. 4836 § 4, 2006; Ord. 3432 § 1, 1983].

(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. 5423 § 4, 2022; Ord. 4160 § 1, 1991; Ord. 4030 § 2, 1989].

(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].

(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. 5423 § 6, 2022; Ord. 5087 § 1, 2011; Ord. 4836 §§ 5, 6, 2006; Ord. 3632 §§ 3, 4, 1985; Ord. 3432 § 1, 1983].

(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:

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. 5423 § 6, 2022; Ord. 5181 § 1, 2014; Ord. 5126 § 1, 2012; Ord. 5119 §§ 3, 4, 2012; Ord. 5087 § 2, 2011].

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. 5423 § 6, 2022; Ord. 3432 § 1, 1983].

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. 5423 § 6, 2022; Ord. 3432 § 1, 1983].

(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. 5423 § 6, 2022; Ord. 5119 § 6, 2012].

(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.

(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.

(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. 5423 § 6, 2022; Ord. 5119 § 7, 2012].

(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. 5423 § 6, 2022; Ord. 5119 § 8, 2012].

Repealed by Ord. 5119. [Ord. 4921 § 1, 2008; Ord. 4836 §§ 9, 10, 2006; Ord. 4771 § 3, 2004; Ord. 4642 § 1, 2001; Ord. 4525 § 4, 1998; Ord. 4368 § 1, 1995; Ord. 4160 § 2, 1991; Ord. 4024 § 1, 1989; Ord. 3927 § 1, 1988; Ord. 3746 § 4, 1986; Ord. 3432 § 1, 1983].

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].

(A)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the CA Commercial Agriculture Zone District, in the A Agriculture Zone District, or in the AP Agricultural Preserve Zone District unless that use is either (1) listed in SCCC 13.10.312 as a permitted use in the agricultural zone district in which the land is located; or (2) is listed in such section as a discretionary use in the agriculture zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(B)    It shall be unlawful for any person to establish, cause or permit a new use of land, or intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the RA Residential Agricultural Zone District, in the RR Rural Residential Zone District, in the R-1 Single-Family Residential Zone District, in the RB Ocean Beach Residential Zone District, or in the RM Multifamily Residential Zone District unless that use is either (1) listed in SCCC 13.10.322 as a permitted use in the residential zone district in which the land is located; or (2) is listed in such section as a discretionary use in the residential zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(C)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand or intensify an existing use of land, or construct, enlarge, or move a building for a use of land, located in the PA Professional Administrative Office Zone District, in the VA Visitor Accommodations Zone District, in the C-1 Neighborhood Commercial Zone District, in the CT Tourist Commercial Zone District, in the C-2 Community Commercial Zone District, or in the C-4 Commercial Services Zone District unless that use is either (1) listed in SCCC 13.10.332 as a permitted use in the commercial zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (2) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(D)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the M-1 Light Industrial Zone District, in the M-2 Heavy Industrial Zone District, or in the M-3 Mineral Extraction Industrial Zone District unless that use is either (1) listed in SCCC 13.10.342 as a permitted use in the industrial zone district in which the land is located; or (2) is listed in such section as a discretionary use in the industrial zone district in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(E)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the PR Parks, Recreation and Open Space Zone District unless that use is either (1) listed in SCCC 13.10.352 as a permitted use in the Parks, Recreation and Open Space Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Parks, Recreation and Open Space Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(F)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the PF Public and Community Facilities Zone District unless that use is either (1) listed in SCCC 13.10.362 as a permitted use in the Public and Community Facilities Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Public and Community Facilities Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(G)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the TP Timber Production Zone District unless that use is either (1) listed in SCCC 13.10.372 as a permitted use in the Timber Production Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Timber Production Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262.

(H)    It shall be unlawful for any person to establish, cause or permit a new use of land, or expand, intensify or continue an existing use of land, or construct, enlarge or move a building for a use of land, located in the SU Special Use Zone District unless that use is either (1) listed in SCCC 13.10.382 as a permitted use in the Special Use Zone District in which the land is located; or (2) is listed in such section as a discretionary use in the Special Use Zone District in which the land is located and a development permit has been obtained and is in effect which authorizes that discretionary use; or (3) is a legal nonconforming use or structure in conformance with SCCC 13.10.260, 13.10.261 and 13.10.262. [Ord. 5119 §§ 9—16, 2012; Ord. 4496-C §§ 3, 4, 1998; Ord. 4390A, 1996; Ord. 4346 § 6, 1994; Ord. 3451-A § 6, 1983].

(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. 5423 § 7, 2022; Ord. 3451-A § 7, 1983].

(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].

It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor to construct, enlarge, or modify a building or otherwise make a new use of a building for an additional dwelling unit on a single parcel of land within any zone district unless a development permit has been obtained and is in effect which authorizes such an additional dwelling unit. [Ord. 5061 § 3, 2009; Ord. 4836 § 11, 2006; Ord. 3451-A § 9, 1983].

(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].

(A)    Permit Issuance. All departments, officials, and public employees of the County of Santa Cruz which are vested with the duty or authority to issue permits or licenses shall conform to the provisions of this chapter, and shall issue no such permits or licenses for uses, buildings, or purposes where the same would be in conflict with the provisions of this chapter, and any such permits or licenses, if issued in conflict with the provisions of this chapter, shall be null and void.

(B)    Compliance with Authorized Privilege. If any portion of a privilege authorized by a modification, variance, discretionary use, planned unit development permit, rezoning approval, design review approval or other conditional permission granted under any provision of the County Code relating to land use is used or exercised by any person entitled to use or exercise such privilege, any and all conditions of such privilege shall immediately become effective and must be strictly complied with. The violation of any such condition shall constitute a violation of this chapter and shall be subject to the same penalties and remedies as any other violation of the Santa Cruz County Code. [Ord. 4390A, 1996; Ord. 3891 § 1, 1988; Ord. 3432 § 1, 1983].

Part III. DISTRICTS

Article I. Agricultural Districts

(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. 5423 § 8, 2022; Ord. 3432 § 1, 1983].

(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.

[Ord. 5439 § 1, 2023; Ord. 5423 § 8, 2022; Ord. 5402 § 1, 2022; Ord. 5382 § 1, 2021; Ord. 5365 § 1, 2021; Ord. 5345 § 1, 2020; Ord. 5336 § 2, 2020; Ord. 5334 § 2, 2020; Ord. 5326 § 3, 2020; Ord. 5325 § 3, 2020; Ord. 5321 § 1, 2019; Ord. 5302 § 1, 2019; Ord. 5272 § 2, 2018; Ord. 5266 § 1, 2018; Ord. 5265 § 1, 2018; Ord. 5264 § 2, 2018; Ord. 5239 § 2, 2017; Ord. 5229 § 1, 2016; Ord. 5152 § 1, 2013; Ord. 5092 § 1, 2011; Ord. 5061 §§ 4—8, 2009; Ord. 5018 §§ 1—5, 2008; Ord. 4921 §§ 2, 3, 4, 2008; Ord. 4883 § 1, 2007; Ord. 4836 §§ 12—41, 2006; Ord. 4821 § 1, 2006; Ord. 4814 § 1, 2006; Ord. 4808 §§ 1—5, 2005; Ord. 4770 § 1, 2004; Ord. 4751 § 4, 2003; Ord. 4744 § 1, 2003; Ord. 4738 §§ 1, 2, 2003; Ord. 4715 § 1, 2003; Ord. 4659 § 1, 2002; Ord. 4578 §§ 1, 2, 1999; Ord. 4495 § 2, 1998; Ord. 4474-C § 1, 1998; Ord. 4471 § 1, 1997; Ord. 4416 § 2, 1996; Ord. 4406 § 2, 1996; Ord. 4369 § 1, 1995; Ord. 4346 § 7, 1994; Ord. 4158 § 2, 1991; Ord. 4099 § 2, 1990; Ord. 4097 § 2, 1990; Ord. 4094 § 2, 1990; Ord. 4036 § 3, 1989; Ord. 3893 § 1, 1988; Ord. 3845 § 2, 1987; Ord. 3842 § 1, 1987; Ord. 3787-C § 2, 1986; Ord. 3766 § 1, 1986; Ord. 3646 § 1, 1985; Ord. 3632 § 5, 1985; Ord. 3593 § 3, 1984; Ord. 3432 § 1, 1983].

(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.

*    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.* [Ord. 5423 § 8, 2022; Ord. 5321 § 3, 2019; Ord. 5152 § 2, 2013; Ord. 4836 §§ 42—44, 2006; Ord. 4416 § 3, 1996; Ord. 4406 § 3, 1996; Ord. 4346 § 8, 1994; Ord. 4314 § 1, 1994; Ord. 4097 § 3, 1990; Ord. 4037 § 2, 1989; Ord. 3755 § 1, 1986; Ord. 3432 § 1, 1983].

*    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.

(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;²

(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.1

(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. 5443 § 1, 2024; Ord. 5423 § 8, 2022; Ord. 5265 § 2, 2018; Ord. 5264 § 3, 2018; Ord. 4836 § 45, 2006; Ord. 4821 § 1, 2006; Ord. 4439 §§ 1, 2, 1996; Ord. 4094 § 3, 1990; Ord. 3646 § 2, 1985; Ord. 3432 § 1, 1983].

(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. 5423 § 8, 2022; Ord. 5321 § 4, 2019; Ord. 4836 §§ 46, 47, 2006; Ord. 4346 § 9, 1994; Ord. 3845 § 2, 1987; Ord. 3432 § 1, 1983].

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].

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].

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].

Other use and development standards applicable to agricultural zone districts include but are not limited to the following provisions of the SCCC:

[Ord. 5423 § 9, 2022].

Article II. Residential Districts