Chapter 24.12 COMMUNITY DESIGN

The purpose of this chapter is to set forth the general requirements applicable to the development and occupancy of all lands within each of the zoning districts, and to establish the nature and the limitations of exceptions which modify the provisions of this title. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 58, 1994: Ord. 85-05 § 1 (part), 1985).

24.12.020 GENERAL PROVISIONS.

All uses developed in any zoning district shall be designed to abate or control any dangerous or objectionable conditions. All uses developed in any zoning district shall be so designed as to be consistent with the policies, objectives and land use programs of the General Plan and the principles, standards, proposals, objectives and policies as contained in the area plans, required elements or other permitted elements of the General Plan and the Local Coastal Program.

(Ord. 85-05 § 1 (part), 1985).

Part 2: GENERAL SITE DESIGN STANDARDS

24.12.100 MINIMUM BUILDING SITE.

Each building site in each zoning district shall be planned and arranged so as to occupy only that portion of a lot not otherwise required as a yard, setback, easement, right-of-way, or other legally established open space; except, that where all other provisions of this title are met, a building site may be established in airspace when created through an approval of a community housing project.

1. Lot Area Measurement.

a. For purposes of measuring and calculating lot size and area, public and private easements contained within the lot lines, other than street or alley easements, may be included.

b. For purposes of determining net lot area, only contiguous land with less than a thirty-percent slope and not within a Floodplain (F-P) District or within a riparian corridor, as defined in Section 24.08.2110(2)(g), shall be considered.

c. In any zoning district where no public sanitary sewer is accessible, no lot shall have an area less than that prescribed by the Santa Cruz County health department.

2. Frontage Requirement. The construction, erection, conversion, establishment, alteration, or enlargement of any structure on any real property is hereby prohibited and declared unlawful, unless the said real property shall have a frontage upon a street improved to the standards of the city of Santa Cruz; or upon a publicly owned parking facility, plaza, mall, or wharf; or upon such other public access facility as may be provided in connection with an approved development plan.

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

24.12.110 SETBACK REQUIREMENTS MODIFICATIONS.

1. Front Yards.

a. Where twenty-five percent or more of the lots fronting on any block in the same zone (exclusive of the frontage along the side of a corner lot) have been improved with buildings permitted in said zone and the depth of the front yards on such lots varies not more than ten feet, then the front yard depth required on any lot in said block shall be not less than the median depth of the front yards on the lots on which are located such existing buildings; or

b. In any district where the two adjacent lots on either side of a parcel, neither of which is a corner lot and each of which is in the same zone as the center lot, are already improved with uses permitted in the zone, and the average of the front yards of such adjoining lots is less than that required for the zone, then the required front yard depth for the center lot shall not be less than half the sum of the front yard setbacks of the two adjoining lots; or

c. Where Section 24.12.185(12) applies, required front yard depth shall not be less than twelve feet measured from back of curb.

2. Corner Lot Yards.

a. Where, on a corner lot, an exterior side yard abuts a front yard of an adjoining lot in an R-District, the corner lot exterior side yard shall have a width of not less than one-half of the required depth of such adjacent front yard.

b. Each corner lot should have one front yard, two side yards, and one rear yard of the depth required by this title. Normally the front yard shall be across the narrow dimension of the lot and the rear yard opposite this; in unusual cases, however, the location and the relationship of such yards to abutting streets and to each other may be determined by the zoning administrator.

c. In any zoning district in which a minimum front yard is established, no obstruction to view between three and one-half feet and eight feet above grade shall be placed within the clear corner triangle as defined in this title.

3. Double-Frontage Yards. The width of required interior side yard or required rear yard may be reduced or waived when such interior side yard or rear yard abuts an alley or a street (e.g., double-frontage lot), freeway, stream, public utility right-of-way, coastline or other similar feature which precludes or inhibits construction on or development of the property.

4. Lots of Record – Required Yards. In any district for which a minimum lot area is established, a lot of record, as defined in this title, having less than the required area and/or width and/or depth may be used for a use permitted in the district, except as provided in Section 24.10.351.

a. In any district or for any use where side yards are required, the minimum side yard width shall be four feet or ten percent of the lot width, whichever is greater, for the first story only. Beyond the first story, the standard side yard setback established in the specific district regulations shall apply.

b. In any district or for any use where a rear yard is required, the depth of the rear yard of any such lot shall be ten feet or twenty percent of the depth of the lot, whichever is greater.

c. A single-family dwelling may be constructed on any lot of record, subject to Section 24.10.351. For residential districts other than single-family, the district requirements for minimum lot and land area per dwelling unit shall apply, except as modified by the density bonus provisions of this title.

(Ord. 2022-19 § 37, 2022; Ord. 2016-11 § 34, 2016; Ord. 91-14 § 4, 1991: Ord. 85-05 § 1 (part), 1985).

24.12.115 SPECIAL STREET SETBACK REQUIREMENTS FOR DESIGNATED STREETS.

1. General, buildings or other structures erected or located within the city of Santa Cruz shall be set back from a uniform baseline, which is hereby established for each of the principal street classifications of the city of Santa Cruz, in order to serve the public interest, convenience and safety. Setback requirements of each zoning district shall be in addition to special street setbacks.

2. Unlawful Erection of Buildings in Setback Zones. No building permit shall be issued for the construction or erection of any building or structure within special street setbacks or any required setback except as set forth in this title.

3. Uses Subject to Special Review. Greater setbacks than those set forth herein may be required where special conditions exist.

4. Secondary Streets. A secondary street is any public street with a fifty-two-foot right-of-way and twenty-six-foot baseline. The baseline for measuring the required setback for all buildings, structures, or improvements as required in each zoning district shall be a line parallel to and twenty-six feet from the centerline of the following designated streets:

Bay Drive:

From the southerly line of High Street to the southerly line of Escalona Drive.

Bay Street:

From the southerly line of Escalona Drive to the easterly line of California Street;

From the easterly line of California Street to the westerly line of West Cliff Drive.

Chestnut Street:

From the southerly line of Locust Street to the northerly line of Laurel Street.

Delaware Avenue:

From the westerly line of Laguna Street to the westerly extremity of Delaware Avenue.

Elk Street:

From the northerly line of Goss Street to the northerly line of Rooney Street.

Goss Street:

From the easterly line of Market Street to the westerly line of Elk Street.

Graham Hill Road:

From the easterly line of Ocean Street to the northerly city limits line.

High Street:

From the easterly line of Bay Street to the easterly line of Highland Avenue.

From the easterly line of Bay Street to the western city limits line.

Laguna Street:

From the northerly line of Santa Cruz Street to the southerly line of Bay Street.

Laurel Street:

From the southerly line of Mission Street to the westerly line of Front Street.

Laurent Street:

From the southerly line of High Street to the westerly line of Escalona Drive.

Meder Street:

From the westerly line of Bay Street to the westerly extremity of Meder Street.

Mission Street:

From the easterly line of Chestnut Street Extension to the westerly line of Pacific Avenue.

Murray Street:

From the easterly line of East Cliff Drive to the westerly line of Seabright Avenue.

Pine Street:

From the southerly line of Soquel Avenue to the northerly line of Buena Vista Avenue.

Prospect Heights:

From the easterly line of Park Way to the westerly line of Brookwood Drive.

San Lorenzo Boulevard, 3202:

From the southerly line of Barson Street to the westerly line of Bixby Street.

Seabright Avenue:

From the southerly line of Soquel Avenue to the northerly line of Murray Street.

Walnut Avenue:

From the easterly line of Mission Street to the westerly end of Lincoln Street.

Washington Street:

From the southerly line of Laurel Street to the westerly line of Front Street.

5. Major Streets. A major street is a public street with an eighty-four-foot right-of-way and forty-two-foot baseline. The base line for measuring the required setback from all buildings, structures, or improvements as required in each zoning district shall be a line parallel to and forty-two feet from the centerline of the following designated streets:

Ocean Street:

From the northerly line of Pryce Street to the northerly line of Graham Hill Road;

From the southerly line of Soquel Avenue to the northerly line of East Cliff Drive.

River Street:

From the northerly city limits line to the westerly line of North Pacific Avenue.

6. Industrial Streets. An industrial street is a public street with a sixty-foot right-of-way and thirty-foot baseline. The baseline for measuring the required setback for all buildings, structures, or improvements as required in each zoning district shall be a line parallel to and thirty feet from the centerline of the following designated streets:

Coral Street:

From the westerly line of River Street to the northerly line of Evergreen Street.

Encinal Street:

From the Southern Pacific Railroad right-of-way to the westerly line of Dubois Street.

Evergreen Street:

From the easterly line of Coral Street to the easterly line of Harvey West Park.

Mission Street:

From a point nine hundred eighty feet east of the easterly line of Natural Bridges to the westerly extremity of Mission Street.

(Ord. 2002-17 § 1 (part), 2002: Ord. 85-05 § 1 (part), 1985).

24.12.120 PROJECTIONS INTO REQUIRED YARD AREAS, SETBACKS AND EASEMENTS.

1. Projections Into Required Yard Areas. The following are permitted projections into required yard areas. Projections shall not be permitted in yards that are less than the minimum established by district regulations except as provided for in subsection (2), or as allowed in certain areas under Section 24.12.185(12).

a. Architectural features such as cornices, canopies, eaves and sills shall be permitted to project into front, rear and side yards two and one-half feet;

b. Steps serving the first floor, and bay windows, chimneys, decks, and porches serving the first floor and above may extend into front, rear and exterior side yards one-half of the required yard or six feet, whichever results in a greater setback. For interior side yards, maximum projection is one foot, eight inches unless the projection meets the requirements of subsection (1)(c). Bay window, deck, porch and step projections are permissible in interior side yards on the first floor only. In all cases, no projection or aggregate of projections listed in this subsection shall be more than one-third of the building wall along which it is located;

c. Unroofed decks, porches, patios and steps of pervious materials twenty inches or less above finished grade may extend into conforming interior side yards without restriction;

d. Guardrails on decks and porches and handrails on stairs projecting into required yards on the first floor shall be considered fences and shall be governed by Section 24.12.160, with the exception of guardrails and/or handrails required for access to the first floor for the physically challenged;

e. Rain retention systems attached to the main residence may extend into side and rear yards one-half the required yard or six feet, whichever results in the greater setback. For interior side yards, the minimum setback shall be three feet. Such encroachment shall be no higher than six feet from finished grade.

2. Any structure necessary to provide access to the first floor for the physically challenged.

3. Projections Into Special Street Setbacks. The following uses are permitted within the special street setbacks established in Section 24.12.115:

a. Streetlights, traffic signs and signals and appurtenances necessary to the conduct or operation of a public utility, facility, or purpose;

b. Fences, walks, hedges, landscaping, outdoor merchandise display, platforms, landings, steps and signs, when constructed or installed so as to have a maximum height of two and one-half feet above curb grade, except as provided for in subsection (3)(d);

c. Unenclosed porches, cornices, canopies, eaves, and similar architectural features and signs when constructed so that the clearance from curb grade to the lowest portion thereof, except supporting members, is at least eight feet; and further provided, that no supporting member shall have a cross-section of greater than eight inches, nor be located closer than six feet to another supporting member within the setback area;

d. Any structure necessary to provide access to the first floor for the physically challenged.

4. Projections Into Easements. No structure or projection thereof may extend into a public utility easement.

(Ord. 2022-19 § 38, 2022; Ord. 2016-11 § 35, 2016; Ord. 92-17 § 1, 1992; Ord. 92-01 § 1, 1992; Ord. 91-13 § 3, 1991; Ord. 88-52 § 1, 1988; Ord. 88-19 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.12.125 LANDSCAPING REQUIREMENT.

In all districts where yards are required, all portions of each front and exterior side yard, except where improved for pedestrian or vehicular access, or a porch or a patio, shall be landscaped and permanently maintained. Additional landscaping requirements are contained in Section 24.12.185, Objective design standards for multifamily development.

(Ord. 2022-19 § 39, 2022; Ord. 85-05 § 1 (part), 1985).

24.12.127 BIRD SAFE BUILDING DESIGN REQUIREMENT.

In all districts where new construction or exterior changes to the facade of buildings or structures requiring a planning permit are located within three hundred feet of any of the following: parcels with a General Plan land use designation of CR, PR, NA, or AG; an open waterway mapped in the City-Wide Creeks and Wetlands Management Plan; or any area within three hundred feet of undeveloped property likely to provide significant bird habitat, as determined by the zoning administrator, proposed buildings or structures shall be designed in a manner consistent with the published Bird Safe Building Design Standards as maintained by the city planning and community development department and as updated from time to time.

(Ord. 2022-19 § 40, 2022).

24.12.130 EXTENDED STORAGE OR PARKING IN YARD AREAS.

1. General. The extended parking or storage of vehicles, trailers, airplanes, boats, building materials or the like within the front and exterior side yard creates a fire hazard; constitutes a nuisance per se; constitutes an attractive nuisance to children; may create a traffic hazard by obscuring vision of cross traffic at corners; may cut off light and air from adjacent buildings; and detracts from the attractiveness of the city and lowers property values therein, defeats the purposes of this title and does not conform with the intent and purpose of the General Plan.

2. Parking and Storage Prohibited. No motor vehicle, mobilehome, trailer, airplane, boat, parts of any of the foregoing, or the like or building materials or discarded or salvaged materials shall be parked or stored in any front or exterior side yard for more than forty-eight consecutive hours. This regulation shall not apply to:

(i) Building materials for use on the premises and stored therein during the time a valid building permit is in effect for construction on the premises; nor to

(ii) Motor vehicles that are registered for operation and are in fully assembled condition when parked on a paved surface.

(Ord. 2020-22 § 15, 2020; Ord. 85-05 § 1 (part), 1985).

24.12.140 ACCESSORY BUILDINGS AND STRUCTURES.

In addition to primary structures, it is often useful and convenient to have accessory buildings and structures to provide storage, allow additional usable indoor or sheltered space, or to perform some other function beyond what is included in the primary structure. These spaces can be provided in a building, defined for the purposes of this section as having a roof and walls, or by another accessory structure such as a pergola or a gazebo. Some spaces, such as children’s play equipment, can be classified as either a building (e.g., enclosed playhouse) or a structure (e.g., swing set). The defining characteristic of these buildings and structures is that they are accessory and subordinate to the primary structure and do not detract from the form and function of the primary structure and are complementary to its use.

1. Accessory Buildings. Accessory buildings are subject to the regulations and permit requirements of the zoning district in which they are located. Accessory buildings are separate and distinct from accessory dwelling units, which are subject to the regulations in Part 2 of Chapter 24.16.

a. No setback shall be required for an accessory building except as otherwise provided.

b. No accessory building shall be located in a front or exterior side yard with the exception of buildings used as children’s play equipment that do not create traffic safety hazards, that are less than fifty square feet in plan area at grade, less than fourteen feet in height, and with minimum setbacks of three feet. Such buildings are exempt from the restrictions in this section. Children’s play structures are defined as structures that are designed, made for, and used by children. The vehicle entry side of a garage or other covered parking may not be located closer than twenty feet from front or exterior side yard lot lines; except that the vehicle entry side of a garage or other covered parking may be built to the front and exterior side yard lot lines where the slope of the front half of the lot is greater than one foot rise or fall in a distance of seven feet from the established street elevation at the property line, or where the elevation of the lot at the street line is five feet or more above or below the established street elevation.

c. Accessory buildings that are less than one hundred twenty square feet in floor area are not required to conform to the distance-between-buildings requirement set forth in the district regulations, Chapter 24.10; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code.

d. Accessory buildings that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code.

e. Habitable accessory buildings shall not be located within the front yard nor closer than six feet to the nearest point of the principal building and shall conform to principal building rear and side yard requirements of the district in which they are located. No habitable accessory building shall be used as a separate dwelling unit except accessory dwelling units as described in Part 2 of Chapter 24.16. Guesthouses for nonpaying guests are allowed only if permitted in the zoning district in which they are located.

f. Accessory buildings may not cover an area in excess of thirty percent of any required yard setback area for the primary structure. In the Coastal Zone, standards applicable to accessory dwelling units can be found in subsection (1)(j). The footprint of accessory dwelling units shall count toward the maximum allowable lot coverage by other accessory structures in yard setback areas; however, the maximum allowable lot coverage does not apply to the accessory dwelling unit itself.

g. An accessory building attached to a main building by a breezeway is not part of the main building.

h. An accessory building may have one sink installed in it if a building permit is obtained. A property with multiple accessory buildings may have a sink in only one accessory building without approval of an administrative use permit. Any additional plumbing fixtures would require an administrative use permit subject to findings listed in subsection (1)(i) and a building permit for the approved improvements.

i. Except for accessory dwelling units, accessory buildings may contain a full bathroom only when an administrative use permit is approved in accordance with district regulations and all of the following findings are made:

i. The structure and use are subordinate to the principal use; and

ii. The purpose of the use is incidental to the principal use; and

iii. The use is customarily or reasonably appurtenant to the permitted use; and

iv. The structure will not be used as a dwelling unit; and

v. A deed restriction will be recorded limiting the use of the structure to that approved under the permit unless otherwise authorized by the city.

j. In the Coastal Zone, and in addition to meeting all other applicable requirements (e.g., standards specified in Section 24.16.100 et seq.), ADUs shall meet the following additional standards:

i. ADUs are allowed in any zone that allows residential uses on lots of any size, in conjunction with a proposed or existing residential use, provided they are sited and designed to avoid adverse impacts to coastal resources, including by conforming with all applicable LCP policies and standards, including those that govern wetlands, streams, environmentally sensitive habitat areas, public views, and coastal bluffs.

ii. Off-street parking shall be required in compliance with Section 24.12.240(1).

2. Accessory Structures. Accessory structures are subject to the regulations and permit requirements of the zoning district in which they are located.

a. Accessory structures above eight feet in height shall not be located in a front or exterior side yard with the exception of entry features as described in Section 24.12.160(1). No accessory structure in the front or exterior side yard may be located within the clear corner triangle as defined in Section 24.22.202. Any accessory structures located in the front or exterior side yard must be open in nature and must provide and maintain a minimum of ninety percent visual permeability above the first foot in height.

b. Accessory structures located in the rear or interior side yard that are less than one hundred twenty square feet in floor area and less than fifteen feet in height are not subject to design permit approval when constructed on substandard lots or when constructed on lots within a residential zone district that requires design permit approval for new structures; however, such structures are subject to all other standards, regulations, and requirements of this title and other state and local requirements including Title 18 and the California Building Standards Code. This includes fences within the West Cliff Drive Overlay District that conform to Section 24.12.160.

c. Children’s play structures that do not create traffic safety hazards, that are less than fifty square feet in plan area, less than fourteen feet in height, and with minimum front setbacks of three feet are exempt from the restrictions in this section. Children’s play structures are defined as structures that are designed for, made for, and used by children.

(Ord. 2022-19 § 41, 2022; Ord. 2021-15 § 4, 2021; Ord. 2020-22 § 16, 2020; Ord. 2019-28 § 2, 2019: Ord. 2016-11 § 36, 2016: Ord. 2015-11 § 21, 2015; Ord. 94-34 § 15, 1994: Ord. 88-60 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.12.145 FOOD PREPARATION FACILITY (SPECIAL PURPOSE).

1. A special purpose food preparation facility may be permitted with an administrative use permit upon the following findings:

a. The applicant has demonstrated a need for a special purpose food preparation facility. Such need cannot be adequately served by the domestic food preparation facility.

b. The design of the facility, in its relationship to the internal floor plan of the dwelling, will not lead to the establishment of a separate dwelling unit.

c. The facility will be removed when the special purpose is no longer required.

d. The applicant has agreed to record a deed restriction limiting the use of the food preparation facility to a special purpose.

(Ord. 88-51 § 4, 1988).

24.12.150 HEIGHT LIMITS MODIFICATIONS.

1. The height limitations specified in this title shall not apply to the following uses:

a. Church spires, minarets, belfries, domes;

b. Water, fire observation, and lifeguard towers, chimneys, aids to navigation;

c. Buildings and structures intended for agricultural purposes;

d. Fire walls, not extending more than four feet above the height of the building;

e. Cupolas, scenery lofts, or other unoccupied roof structures for the housing of elevators, stairways, or tanks, tanks no more than twenty feet in height. Such structures must be set back from the edge of the building at a ratio of 1.2 feet horizontal for every one foot in height;

f. Ventilating fans, air conditioning, or similar equipment used solely to operate and maintain a building, which are screened from the view of a building of equivalent height by a parapet or other architectural screen;

g. Railings, up to forty-eight inches in height, or the height required by building code, whichever is greater, consistent with the requirements in Section 24.12.185 relating to rooftop decks as applicable.

2. The height limitations specified in this title may be exceeded for the following uses, subject to a special use permit:

a. Smokestacks, monuments, flagpoles;

b. Mechanical contrivances for amusement purposes, such as Ferris wheels, and roller coasters;

c. Antennas for radio broadcast and receiving, electric power transmission and distribution lines, poles and towers;

d. Wireless telecommunications facilities;

e. Places of public assembly such as places of worship, schools, and other permitted public and semipublic buildings, the principal activities of which are conducted on the ground floor of such buildings; provided, that for each foot by which the height of such buildings exceed the maximum height permitted, the depth or width of the required side and rear yards shall be increased by one foot.

(Ord. 2022-19 § 42, 2022; Ord. 2004-27 § 17, 2004: Ord. 85-05 § 1 (part), 1985).

24.12.160 FENCING AND SCREENING.

1. Fencing. Regulations governing the installation, construction and placement of fences and structures in the nature of fences, including hedges, which exceed height limitations contained herein are set forth in Chapter 24.08, Part 7, Conditional Fence Permit.

a. Height Limitations. No person shall erect upon any private property in the city any fence, or structure in the nature of a fence, exceeding the following height limitations:

(1) Within the required front and exterior side yard setback areas established by this title, Chapter 18.04, or other ordinances of the city, fences shall not exceed a height of three feet, six inches from finished grade, except as provided in Chapter 24.08, Part 7.

(2) Within the exterior side yard setback established by this title, Chapter 18.04, or other ordinances of the city, fences outside of the front yard setback or in line with the main building frontage, whichever distance is greater, that are set back a minimum of three feet from the exterior side property line shall not exceed a height of six feet from finished grade, except as provided in Chapter 24.08, Part 7. Fences within the exterior side yard setback that are less than three feet from the side property line or within the front setback area shall not exceed a height of three feet, six inches from finished grade. Any yard area between a fence and the sidewalk or property line shall be landscaped and permanently maintained. This landscaping shall not include hedges that are higher than three-and-one-half feet.

(3) On any portion of the property outside of the required front and exterior side yard setbacks, fences shall not exceed a height of eight feet from finished grade, with any portion of the fence above six feet consisting of lattice or other similar material that is at least fifty percent open except as provided in Chapter 24.08, Part 7, with any portion of the fence above six feet having an open architectural, decorative, or ornamental feature such as lattice or other similar design or material. “Open” means that no more than fifty percent of the design shall be opaque. This maximum fence height does not apply to fences along an alley or the rail trail associated with an accessory dwelling unit, where fences are limited to three feet, six inches along the alley or rail trail unless a conditional fence permit is approved for greater height.

(4) Any fence along a property line adjacent to a street, or in the adjacent required setback, except in the clear corner triangle, may include a gate, trellis or other entry feature exceeding the height limit stated in subsections (1)(a)(1) and (2). Such gate, trellis or entry feature shall be limited to ten feet in width and ten feet in height. Only one such gate, trellis or entry feature shall be permitted per street frontage except as provided in Chapter 24.08, Part 7.

b. Fire Hazard. The erection of any fence which constitutes a fire hazard either of itself or in connection with the existing structures in the vicinity, or which will interfere with access in case of fire, by the fire department to buildings in the vicinity or which will constitute a hazard to street traffic or to pedestrians shall not be permitted.

c. Temporary Fences – Exceptions. Nothing contained in this title shall be deemed to interfere with the erection of temporary fences around construction works, erected or maintained pursuant to Chapter 18.04 and other ordinances of the city.

d. Barbed-Wire Fencing. No barbed-wire fences may be constructed, electrified or otherwise, without a conditional fence permit.

e. Hedges. Hedges or dense planting in the nature of a hedge in excess of three feet, six inches in height shall not be grown or maintained within the required front or exterior side yard setbacks of the zoning district in which the property is located.

f. Clear Corner Triangles and Clear Vision Areas. Fences or hedges shall not be greater than, nor allowed to exceed, three feet, six inches in height in the clear corner triangle and the clear vision area as defined in Sections 24.22.202 and 24.22.206.

g. Fences Within Watercourse Setback Areas. Fencing within a designated riparian corridor or development setback area of a watercourse shall be consistent with requirements of the watercourse development permit, Section 24.08.2130.

2. Screening.

a. In any nonresidential district adjacent to any R-District, screening between districts shall be provided.

b. All areas of outdoor storage in any commercial or industrial district shall be permanently screened from view from any adjacent street, public way or adjacent private property.

(Ord. 2022-19 § 43, 2022; Ord. 2016-11 § 37, 2016: Ord. 2008-03 § 2 (part), 2008: Ord. 2006-02 § 3 (part), 2006: Ord. 95-33 § 2, 1995: Ord. 91-13 § 4, 1991: Ord. 85-05 § 1 (part), 1985).

24.12.170 OVERHEAD TRANSMISSION LINES.

The routes of proposed electric overhead transmission lines of sixty kV or greater capacity shall be submitted to the planning commission for review and approval or conditional approval prior to the acquisition of the rights-of-way therefor.

(Ord. 85-05 § 1 (part), 1985).

24.12.180 COMMUNITY HOUSING PROJECT REQUIREMENTS.

1. Separate Utilities. A community housing project shall provide for independent services of water, sewer, gas and electricity to each dwelling unit. Separate meters are not required.

2. Off-Street Parking. A community housing project shall provide off-street parking as required by Part 3 of this chapter.

3. Useable Open Space. A community housing project shall provide usable open space in compliance with the requirements of Section 24.12.185 and the underlying zoning district.

4. Storage Area. A community housing project shall provide a minimum of two hundred cubic feet of enclosed storage space within the project capable of being secured by lock or other means for each unit, in addition to kitchen cupboards, clothes and linen closets.

(Ord. 2022-19 § 44, 2022; Ord. 85-05 § 1 (part), 1985).

24.12.185 OBJECTIVE DESIGN STANDARDS FOR MULTIFAMILY DEVELOPMENT.

1. General.

a. The purpose of this section is to provide a set of clear, objective, and measurable standards for multifamily and mixed-use residential development that is consistent with the character of Santa Cruz while also ensuring that new housing development is economically feasible.

b. The objective standards in this section relate to building design and site design for new development and redevelopment projects (including all multifamily proposals that meet the definition of demolition in the municipal code).

c. The regulations in this section shall apply to new development or redevelopment of residential and mixed-use buildings containing two or more dwellings (excluding any ADUs or Jr. ADUs), proposed in the city of Santa Cruz in any zone district other than the Central Business District (CBD) or Central Business District, Subdistrict E (CBD(E)). In some cases, standards apply to some zoning districts and not others; where no specific district is indicated, standards apply to all zoning districts other than the CBD and CBD(E).

2. Definitions. For the purposes of interpreting this section the following definitions shall apply:

Active Uses. Uses that qualify as uses for active frontage are defined in each zone district where standards for site design require active frontage.

Buffer Landscaping. Landscaping that can be expected to be at least fifty percent opaque from ground level up to a given height within three years of planting. Such planting includes vines, bushes, shrubs, green walls, or evergreen trees with a first branch height of two feet or less.

Corridors. Roadways that support a high level of connectivity and intra-city mobility. For the purposes of this section, these roadways are limited to Ocean Street, Mission Street, Water Street, and Soquel Avenue.

Live-Work. Live-work is a type of residential use that also incorporates commercial uses. The commercial uses allowed in a live-work unit are dictated by the uses allowed in the underlying zoning district.

Living Wall. A living wall is an exterior building face covered with plants growing in containers or on special material integrated into and attached to the building exterior. The plants root in a structural support which is fastened to the wall itself, rather than in the ground. The plants receive water and nutrients from within the vertical support or container.

Predominant Building Face. Measured in plan view, the predominant building face is the average plane of the face of the building at any given level. This average includes any legal, enclosed building projections (such as bay windows or dormers), and unenclosed insets (such as inset doorways, balconies, or building notches). See Figure 1.

Figure 1: Predominant Building Face

Public Frontage. A frontage that faces a street, public right-of-way, publicly accessible pedestrian path, or public open space, such as a river levee.

Shielded Luminaire. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire’s lowest light-emitting part.

Stacked Flats. A multifamily building type that consists of units stacked vertically with shared circulation and no parking within the building envelope. See Figure 2.

Figure 2: Stacked Flats

Townhomes. A townhome is a multifamily building type that consists of side-by-side units, each standing on a discrete area of land, which may or may not be a separate legal lot, with parking on the ground floor within the building envelope. See Figure 3. This definition shall not apply beyond this section of the municipal code, and does not supersede the definition of “dwelling, townhouse” in Section 24.22.318.

Figure 3: Townhomes

3. Maximum Building Length.

Goal: To incentivize multifamily buildings that are more affordable by design, and more ‘house-sized’ in residential zone districts.

a. In all R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions. Where the building facade along the public frontage is no greater than seventy-five feet in length and where the proposal meets the definition of a stacked flat building type (as opposed to a townhome building type), the parking requirement shall be reduced by half.

i. On lots with multiple public frontages, such as corner lots or double-frontage lots, this requirement applies only to the public frontage requiring the widest sidewalk. Where required sidewalks are of equal width, this requirement shall apply to all frontages. Required sidewalk widths are determined by considering any relevant area plan requirements and the requirements of Chapters 15.20 and 24.12. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.

b. In C-C, R-T(C), C-T, C-N, C-B, PA and all MU Districts: The maximum building length shall be as dictated by required setbacks and parcel dimensions.

4. Walkability.

Goal: To promote pedestrian permeability and walkability through districts as redevelopment occurs over time, particularly for larger sites.

a. Existing Public Connections.

i. In all areas of the city, where a project site includes an existing public street, alley, path, paseo, trail, or other public pedestrian connection, this public connection will be maintained or relocated within the project site.

ii. Existing frontage improvements including any bike lanes or sidewalks will be maintained, repaired, or upgraded as dictated by any applicable area plan, or, in the case where no area plan applies, the requirements of subsection (13), Ground Floor Design, or the requirements for sidewalk widths as defined in Chapter 15.20. Where any inconsistency between regulatory documents is present, the widest applicable sidewalk requirement shall apply.

1. Decorative sidewalks may be required based on area plan standards. Installation of all sidewalks will be based on the standard details provided by the department of public works.

iii. The total number of connections through the site for cyclists and pedestrians shall not be reduced.

b. New Public Connections.

i. Where a new public street, alley, path, paseo, trail, or other public pedestrian connection is required by an area plan, this connection shall be incorporated into any development or redevelopment proposal for the sites identified by the area plan.

ii. Where the street frontage length of a site exceeds four hundred feet along a single roadway, and there is not already a public connection required by an area plan, the project proposal shall include a minimum of one publicly accessible street, alley, path, paseo, trail, or other public pedestrian connection within the middle fifty percent of the site. See Figure 4.

1. Where the new street, alley, path, paseo, or trail cannot connect to an existing public way, the owner of the property may reserve the right to restrict access to the public way until such time as further development allows such a connection to be made. When a connection to another public way is made, clear public access shall be provided, signage indicating that it is a public passage shall be posted, any gates or physical access restrictions shall be removed, and access shall be guaranteed through the granting of a public easement.

Figure 4: New Public Connections

iii. Regardless of the street frontage length of a project, properties abutting a public street, alley, path, paseo, trail, or other public connection on a side or rear property line shall incorporate a connection between the parcel street frontage and that existing public connection with any new development or redevelopment proposal. These connections shall allow clear passage during daylight or business hours as applicable, whichever is longer. This standard shall not apply to corner lots.

iv. All new pedestrian or bicycle connections not including required street-side improvements such as sidewalks and on-street bike lanes shall be at least ten feet wide and a minimum of eighty percent open to the sky. Standards for public or private streets shall be met as required by department of public works design guidelines.

v. Development or redevelopment proposals on properties with street frontage shall be required to install new or improve existing sidewalks in accordance with the requirements of any area plan, the requirements of subsection (13), Ground Floor Design, and the requirements for sidewalk widths as defined in Chapter 15.20, as applicable. Where any inconsistency between standards exists, the wider sidewalk standard shall apply.

5. Public Frontages.

Goal: To ensure that new development is pedestrian-oriented and provides ground floor uses that activate the public realm.

a. Where a common residential lobby is provided, the lobby shall be accessed from a public frontage.

b. In all MU Zones, the ground floor along any public frontage shall consist of one hundred percent uses for active frontage as allowed in the underlying zone district, with the exception of lobby space subject to the limitations of subsection (5)(e).

c. In the C-C, R-T(C), C-T, C-N, C-B,and PA Zones, the ground floor along the public frontage shall consist of no less than fifty percent uses for active frontage as allowed in the underlying zone district.

d. Uses for active frontage shall be subject to the following standards:

i. Uses for active frontage shall be built to a minimum depth of at least twenty-five feet as measured perpendicular to the predominant building face, with the exception of areas for building ingress/egress and access to parking or loading areas. If more than one ground floor active frontage space is provided, the twenty-five-foot minimum depth shall be applied as an average depth of the total depth of all the active frontage spaces along the predominant building face.

ii. Mechanical rooms shall not be placed along the public frontage. Mechanical rooms shall be located adjacent to a driveway or parking area.

iii. On lots with multiple public frontages, such as corner lots or double-frontage lots, mechanical rooms may be located on a public frontage. For these lots, mechanical rooms are prohibited along the public frontage requiring the widest sidewalk of all frontages on the property. Where required sidewalks are of equal width, mechanical rooms are prohibited along all frontages. Sidewalk widths are determined by considering any relevant area plan requirements and the requirements of Chapters 15.20 and 24.12. In all cases, where any inconsistency is present, the required sidewalk width shall be the widest standard applicable.

iv. Amenities provided to building residents do not qualify as uses for active frontage unless they are also open and available to the general public.

e. In the C-C, R-T(C), C-T, C-N, C-B, PA, and all MU Zones, the ground floor facing a public frontage shall be subject to the following standards:

i. On corner lots, the ground floor shall have one hundred percent commercial uses at the corner, extending for at least thirty feet on either side of the corner, or the distance of the frontage of the corner parcel, whichever is less.

ii. Entries to ground floor uses shall be placed at an average of every fifty linear feet or less of building frontage. The following uses are exempt from this requirement:

1. Food and beverage stores, medical/health offices.

2. Lodging in areas designated MXVC in the 2030 General Plan.

iii. Residential or commercial lobbies are limited to a maximum of thirty feet of frontage, unless they are combined with an active use, in which case they are limited to fifty feet of frontage.

f. In all R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts, with the exception of flag lots, a parcel’s public frontage shall be comprised of ground-floor residential uses that are oriented toward the public frontage.

g. Ground floor residential units that face a public frontage shall provide an entry facing toward the public frontage that provides access into an entry area, living area, kitchen, or hallway (not a bathroom or bedroom, with the exception of studios).

h. Entries facing a public frontage shall include a minimum of forty-eight square feet of flat, unenclosed, covered area, which may be a projection, or inset, or a combination of the two. (See Section 24.12.120 for allowed projections into setback areas.)

6. Parking Location and Screening.

Goal: To minimize the visual impact of parked cars from sidewalks and streets.

a. Off-street parking and loading facilities, including bike parking requirements, shall be provided as required in Section 24.12.200 et seq.

b. For projects including five or more dwelling units, parking shall not be located in the area between the front lot line and a line extended horizontally from the plane of the predominant building face to the edges of the lot. See Figure 5.

Figure 5: Parking Location

c. Residential parking for projects including five or more dwelling units shall be screened from view in the following ways:

i. Podium parking facing a public frontage shall be wrapped with uses for active frontage as allowed in the applicable zone district or residential uses on all levels facing a public frontage to a depth of at least eighteen feet average, measured on each level perpendicular from the predominant building face. (Also see subsections (12), Corridor Frontage, and (13), Ground Floor Design.)

ii. Tuck-under parking shall be entirely contained within the building and screened by garage doors. Where it faces a public frontage and is set back less than fifteen feet from the public right-of-way, tuck-under parking shall be wrapped with active or residential uses to a depth of at least eighteen feet average, measured perpendicular from the predominant building face. See Figure 6. (Also see subsections (13), Corridor Frontage, and (14), Ground Floor Design.)

Figure 6: Tuck-Under Parking Screening

d. The entire perimeter of a surface parking area that fronts onto a side or rear yard, except the width of the access, shall be screened by buildings, evergreen buffer landscaping to a minimum depth of three feet, or fences that are at least seventy-five percent opaque. Fences or hedges shall not be greater than nor allowed to exceed eight feet in height on an interior side yard or rear yard, or three and one-half feet in height in a front or exterior side yard. (Also see Section 24.12.280.)

e. In any multi-level parking structure, the exterior shall be fully screened, and automobile headlamps shall be shielded so as to not be visible from adjacent parcels, streets, public parks, publicly accessible outdoor space, or designated open space area.

f. Driveways and approaches shall comply with the standards set forth in Chapter 15.20 and Section 24.12.280 and the driveway approach standard detail included with the public works standards in effect at the time of design review and shall be designed in accordance with AASHTO Green Book sight distance standards. Ingress/egress to driveway approaches may be limited based on the results of a transportation study.

7. Landscape and Buffering.

Goals: To enhance the urban forest, provide shade for buildings and sidewalks, incorporate landscape, and provide visual buffering into new development in a way that is visually appealing and consistent with the character of Santa Cruz.

In R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts, the goal of landscape is also to soften the massing of buildings as they front the street. In commercial and mixed-use districts, the goal is also to create a landscaped edge to sidewalks and encourage the incorporation of terraces and balconies for usable outdoor space (livability), architectural interest (modulation), and access to outdoor space for public health and passive cooling (resilience).

a. In all R-Districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts:

i. All open spaces in the front setback (excluding areas for driveways and sidewalks), shall be at least seventy-five percent landscape (planted materials) that are selected to comply with WELO standards as found in Chapter 16.16 that are current at the time of design review. The selected planted materials shall be WELO compliant even when the formal requirements of the WELO do not apply to the project.

ii. Selected plant species for the site shall incorporate a mix of trees, shrubs, and ground cover.

iii. Turf areas shall include no more than twenty-five percent of the total irrigated area on the site.

b. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU Zones:

i. All public frontages shall incorporate twelve square feet of planted area for each thirty linear feet of building frontage counted by rounding up to the next increment of planted area. For example, a building with a thirty-one-foot building frontage would incorporate a minimum of twenty-four square feet of landscaped area (two increments of twelve square feet).

ii. This may be provided in small, individual pockets of planting, or in larger planted areas, and must occur within the property line. This standard applies regardless of ground floor use.

iii. A landscaped buffer of at least five feet in depth and the length of the property line shall be provided at the rear property line on sites that are one hundred feet or greater in depth and abut a residentially zoned parcel at the rear property line.

iv. Plants shall be selected to comply with WELO standards found in Chapter 16.16 that are current at the time of design review.

v. Street trees shall be planted in the public right-of-way, or within five feet of the public right-of-way, at a rate of one tree per each thirty feet of site frontage. Spacing of trees shall be sufficient to accommodate the mature canopy of each specimen, and installation shall be in compliance with the planting requirements of the parks and recreation and public works departments, including the Street Tree Master Plan, and the requirements of Chapters 13.30 and 15.20 and Section 24.12.186 as applicable at the time of design review.

vi. Any plantings or landscaping materials within surface parking areas are required to comply with the city’s low-impact development (LID) standards, storm water best management practices, and Storm Water Management Program.

c. Refuse/Recycling Storage Facility. Enclosures for refuse bins or dumpsters are required of all new multifamily and mixed-use residential projects with three or more housing units or any commercial development as set forth in the City of Santa Cruz Department of Public Works Refuse Container Storage Facility Standard Design Policy.

8. Usable Open Space.

Goal: To enhance the livability of new residential buildings with well-designed, functional open spaces with landscaping and amenities for residents to enjoy.

a. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU Districts:

i. At least forty square feet of private open space and at least twenty square feet of common open space shall be provided per dwelling unit.

ii. Common open space may be substituted for private open space at a ratio of 2:1 (e.g., eighty square feet of common open space may be substituted for forty square feet of private open space).

b. In all R-districts and in the R-T(A), R-T(B), R-T(D) and R-T(E) Districts: the amount of required open space shall be determined by the underlying zone district standard.

c. In all districts where residential uses are an allowed use:

i. Private usable open space must be at least four feet in any horizontal dimension and common usable open space must be at least fifteen feet in any horizontal dimension.

ii. There shall be no limit to the percent of the required open space that may be assigned to private balcony or patio areas.

iii. No less than twenty-five percent of the total common open space area shall be permanently landscaped with live plant material incorporating trees, shrubs, and ground cover.

iv. A minimum of three of the following features shall be incorporated into common open spaces and maintained on the site:

1. Fixed or movable seating.

2. Picnic-style tables.

3. Shade trees (see allowances under Section 24.22.586, Open space, useable) or shaded canopy.

4. Community garden.

5. Flowering plants.

6. Native habitat.

7. Play area for pets.

8. Educational or interpretive information about geographic, historic, or ecological features, such as plaques about relevant tribal history or indigenous plant information.

9. Outdoor kitchen equipment or fire pit.

10. Children’s play equipment.

11. Sports courts.

12. Public art or interactive art, such as a life-size chess game, sculpture, or murals.

13. Spa, pool, or hot tub.

d. Common open space may be provided on building rooftops as roof decks. Such usable open space is not counted as an additional story if rooftop structures comply with Section 24.12.150, Height limits modifications.

e. Up to thirty percent of required common open space may be provided as publicly accessible open space that supports a retail or restaurant use, such as a courtyard, outdoor dining area, or other active use (i.e., not auto or bike parking), which is open to the sky, and is not less than fifteen feet in any horizontal dimension, so long as the space is freely accessible to building residents without requirements to patronize the business use. Areas that are reserved exclusively for customers will not count toward required open space.

9. Neighborhood Transition.

Goal: To create a transition between new development and existing neighborhoods, provide privacy for current and future residents, and minimize potential shading on neighboring residents.

a. In the C-C, R-T(C), C-T, C-N, C-B, PA, and all MU Districts: along property lines that abut an R-District:

i. Buildings shall not intercept a forty-five-degree neighborhood transition plane inclined inward from the underlying setback, starting at a height of thirty-five feet above grade. See Figure 7.

Figure 7: Neighborhood Transition Plane

ii. Private or shared balconies and decks shall not extend into an underlying setback.

iii. The occupiable area of roof decks, including any deck on roof area falling under the neighborhood transition plane, shall be set back at least three feet from the building edge and any railings, shade structures, or accessory structures shall not intersect the required neighborhood transition plane. Rooftop lighting shall also comply with lighting requirements of subsection (16).

10. Roof Form.

Goal: To ensure that the tops of buildings are designed with architectural interest, and to reduce the bulk of buildings as they meet the sky.

a. Buildings shall be designed with variation in roof form. The number of required roof forms shall be calculated at a ratio of at least one roof form for every thirty feet of frontage and shall be located within fifteen feet of the predominant building face on all building frontages. On corner lots or double-frontage lots, standards for variation in roof form will apply to all frontages. See Figure 8.

i. “Roof form” is defined as a geometric plane or set of planes which form the top enclosure of a volumetric area below it/them. Common types of roof forms are gabled, hipped, sloped, flat, and flat with a decorative parapet. Examples of roof forms are illustrated in Figure 9.

ii. A change in roof form must be combined with a change in height of at least three feet, a horizontal change in plane of at least four feet, or a change in roof pitch. See Figure 10 for examples. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.

iii. Smaller roof forms that cover enclosed space (such as dormers and bay windows) count as individual roof forms if they are at least thirty-six square feet in horizontal surface area. Bay windows located on a wall below another roof form will not count as individual roof forms regardless of size.

iv. Unenclosed space (such balconies, terraces, porticos, and belfries) count as individual roof forms if they are at least forty-eight square feet in horizontal area. Balconies should also conform to the standards for useable open space in subsection (7).

v. For the purposes of calculating the number of required roof forms on a building, each increment of thirty feet of building frontage requires an additional roof form, counted by rounding up to the next whole number. For example, a frontage of thirty-one feet would be required to provide two roof forms. However, there is no maximum dimension for any one roof form, nor are roofs required to be designed in thirty-foot increments.

Figure 8: Applying Roofline Standards

Figure 9: Roof Forms

b. Combining Roof Forms.

i. The required number of roof forms may intersect to create more complex roof forms or may be organized in a hierarchy. Examples of combined roof forms are illustrated in Figure 10.

ii. Roof forms may be repeated, as with a flat roof that steps up or down, or a sawtooth.

iii. Where two or more forms intersect or combine to create more complex forms, each is counted as an individual roof form. For example, two hipped forms may intersect to create a hip and valley form, which would count as two roof forms.

iv. Where two or more roof forms are organized in a hierarchy, each is counted as an individual roof form. For example, the dominant roof form may be a hipped roof, which has two dormers with open gable roofs, which would count as three roof forms. Another example is a flat roof on a building that has two bay windows with flat roofs, each at least thirty-six square feet in area. See Figure 10 for examples.

v. For flat roofs and flat roofs with decorative parapets, changes in roofline must be accompanied by a minimum two-foot change in height relative to the adjacent roof form. For buildings that are three stories or taller, the minimum change in height shall be three feet. This change in height shall be measured to the top of the parapet, where present. Changes in roof form shall not exceed allowed building heights, as defined by the underlying zone district.

Figure 10: Combining and Counting Roof Forms

11. Building Modulation.

Goal: To break up large building faces and create visual interest for pedestrians, neighbors, and visitors.

a. Where no other modulation controls apply (e.g., an area plan), building faces that are longer than thirty feet wide shall be articulated in one of the following three ways.

i. Provide a horizontal change in plane for every thirty feet of building face, rounded up to the next whole number (e.g., a frontage of thirty-one feet would be required to provide two changes in plane). As shown in Figure 11, the change in plane must be at least four feet deep and six feet wide, and must be open to the sky; or

Figure 11: Building Modulation – Option One

ii. Provide a horizontal change in plane for every thirty feet of building face, rounded up to the nearest whole number (e.g., a building face of thirty-one feet would be required to provide two changes in plane). As shown in Figure 12, the change in plane must be at least two feet deep and six feet wide, and be combined with a change in material; or

Figure 12: Building Modulation – Option Two

iii. Provide a horizontal change in plane at an interval of fifty feet or less. As shown in Figure 13, the change in plane must be at least six feet deep and twelve feet wide, and be combined with a change in material. When implemented as building notches, such notches may contain balconies, as long as the railing is at least seventy percent see-through or transparent.

Figure 13: Building Modulation – Option Three

b. Building faces that are less than thirty feet wide are not required to have a change in plane incorporated into their design.

c. Projections from the building face including balconies, awnings, signs, and decorative elements are not considered to be changes in plane.

12. Corridor Frontage.

Goal: To ensure that buildings in denser, mixed-use districts are designed with functional, human-scaled ground floors that promote walkability and provide space for local businesses.

a. Unless otherwise dictated by an area plan, the ground floor frontage facing a corridor shall be set back at least twelve feet from the face of the curb. See Figure 14.

i. This may be achieved by setting back only the ground floor, but in no case shall any portion of the proposed building extend into or over the public right-of-way, except that awnings and balconies at the second story or above may extend into the right-of-way no more than three feet. No projection shall be closer than eight feet to the centerline of an alley, driveway, or path of automobile circulation except with the approval of the city engineer based on considerations of public safety and welfare (e.g., utility considerations, emergency access, etc.).

1. This setback area shall not be counted toward the requirement to incorporate uses for active frontage, and the area shall be used as a twelve-foot-wide sidewalk over at least eighty percent of the frontage.

2. In no case shall the passable sidewalk width be less than eight feet without approval of an administrative use permit and revocable license as allowed under Section 24.12.192 for outdoor extension areas, in which case the passable sidewalk width shall not be less than six feet.

Figure 14: Corridor Frontage

13. Ground Floor Design.

Goal: To ensure that buildings in commercial districts are designed with ground floors that support walkability with functional commercial or live-work frontages. Also, where residential units are allowed, to ensure well-designed frontages that strike a balance between privacy for the resident and activation of the sidewalk.

a. In the C-C, R-T(C), C-T, C-N, C-B, PA and all MU Districts, commercial ground-floors shall be designed as follows:

i. Minimum ground floor frontage transparency of seventy percent between a height of two feet and twelve feet measured parallel above sidewalk grade.

ii. Minimum ground floor height of fifteen feet, measured from the top of the floor to the top of the floor of the next level, or ten feet if a mezzanine is included.

1. In a commercial space, any mezzanine shall be set back at least thirty feet from the building frontage and shall occupy no more than one-third of the area of the ground floor.

iii. Entries shall be inset from the building face at least two feet.

b. In the C-C, R-T(C), C-T, C-N, C-B, PA, and C-B Zones where residential development is allowed, ground floor residential units shall not occupy more than fifty percent of a public frontage. Residential units on the ground floor may be designed as live-work units or may be exclusively residential units.

c. Any live-work units shall be designed as follows:

i. Live-work units are only permitted on the ground floor.

ii. Minimum ground floor height of fifteen feet, measured from the top of the floor to the top of the floor of the next level, or ten feet if a mezzanine is included.

1. In a live-work unit any mezzanine shall be set back at least eighteen feet from the building frontage and shall occupy no more than one-half of the area of the ground floor.

iii. Minimum ground floor depth of eighteen feet.

iv. Minimum unit/storefront width of twelve feet.

v. Minimum ground floor frontage transparency of fifty percent between a height of two feet and twelve feet measured parallel above sidewalk grade.

vi. Entries shall be inset from the building face at least two feet.

d. In the C-C, R-T(C), C-T, C-N, C-B and PA Zones where residential units other than live-work units are located at the ground floor, the following standards shall apply:

i. Where units are individually accessed, the entry must be set back at least six feet from the property line; this setback may be reduced to four feet if the unit is elevated at least two feet from the sidewalk (as with a stoop). See Figure 15.

1. This may be a setback of the ground floor only, or a setback of the entire building face.

2. This setback area may include an architectural feature indicating private space including but not limited to a railing, gate, entry landing, or doorstep.

3. This area may include landscaping or private open space for an individual unit. In order to qualify as private open space, the area must be separated from the sidewalk by one of the following mechanisms intended to indicate the privacy of the space:

• An increase in elevation of at least two feet;

• A railing or gate;

• Clustered landscaping, as in a hedge or other dense planting, not exceeding forty-two inches in height.

Figure 15: Ground Floor Residential Entry Setback

e. Where a unit does not have individual access to the sidewalk, active living areas (including living rooms, dining rooms and kitchens, but excluding bedrooms, bathrooms, and hallways) are required at the building frontage, and must be set back at least four feet from the sidewalk; this setback may be reduced to two feet if the unit is elevated at least two feet above the sidewalk. See Figure 16.

i. This may be a setback of the ground floor only, or of the entire building face.

ii. This setback area shall incorporate landscaping or planters.

Figure 16: Ground Floor Residential – Without Individual Access

14. Architectural Detail.

Goals: To highlight the prominence of corner buildings along corridors, ensure that buildings have an appropriate level of detailing, and ensure that building facades convey the qualities of substantiality and depth.

a. Buildings that are mixed-use and/or three stories in height or greater shall visually differentiate the ground floor from the floors above by one or more of the following:

i. A change in material; and/or

ii. A change in plane; and/or

iii. A cornice line, belly band, or similar horizontal element.

b. Buildings at the intersection of a corridor and another street (including another corridor) shall implement at least one of the following corner features:

i. Increased height of the corner roofline of at least three feet above the adjacent roofline; and/or

ii. A chamfered corner with a diagonal cut at least six feet on either side of the corner. See Figure 17. This may be at the ground floor only, or for the entire height of the building; and/or

Figure 17: Chamfered Corner

c. A public open space of at least thirty square feet in area, and not less than four feet in any dimension, which may be designed to look like an extension of the sidewalk. Where the depth of this space is less than six feet, it may be open only at the ground floor. Where the depth of this space is greater than six feet it must be open to the sky. See Figure 18.

Figure 18: Public Open Space at Corner

d. Buildings in the C-C, R-T(C), C-T, C-N, C-B, PA and MU Zones shall apply at least two categories of the following architectural features to each building face and to each level above ground floor. Buildings may incorporate different features on each face and level or may use the same two features on each face and level, so long as each face and level includes features from at least two categories.

i. Category 1 – Terrace, balcony, or Juliette balcony with a minimum projection of ten inches and a minimum width of three feet (at least one per level; see also subsection (9), Neighborhood Transition).

ii. Category 2 – Windows detailed with a lintel, sill, or arch.

iii. Category 3 – Awnings, louvers, or shutters.

iv. Category 4 – Decorative cornice or decorative lighting sconces (see also subsection (16), Lighting).

e. Windows shall be inset such that there is at least two inches between the plane of the glass and the plane of the building face for all windows above the ground floor; this depth shall be increased to three inches for buildings that include four or more stories, for all windows above the ground floor.

f. Walls or portions of walls that are unfenestrated (without windows, balconies, or glass doors) that extend from grade up to the roofline are limited to a maximum horizontal width of fifteen feet.

15. Building Materials.

Goal: To ensure that building materials are high-quality, durable, convey a sense of permanence, and reflect the existing character of buildings in the urban environment.

a. Building materials shall be selected according to the following criteria:

i. The following materials are acceptable for use on building faces: tile, brick, glass, metal (except as prohibited below), painted or sealed wood, concrete, stucco, plaster, adobe, and stone (engineered or natural), and living walls (as defined).

ii. Unarticulated or flat panelized materials (such as metal, cement board, or GFRC panels) are prohibited on public frontages but may be incorporated on other building faces. Panels for modular and prefabricated construction are allowed (including sandwich panels).

iii. Any materials that are not explicitly listed here require an administrative design review permit to ensure that approved materials conform to the goal of this section.

b. Buildings shall incorporate two or more of the accepted materials listed above or as approved in the design of each building face. No single material may make up more than eighty-five percent of any building face. This can include materials for building decoration (e.g., awnings, louvers, balconies, cornice lines, or windowsills), but does not include fenestration (glass, frames, or other elements of windows and doors).

c. Vinyl windows are prohibited in the following circumstances:

i. Any mixed-use or residential buildings more than three stories in height.

ii. On a building face oriented toward a public street other than an alley of a mixed-use or residential building three stories in height or less.

d. At building corners, except for living walls, all materials shall wrap around the corner to a depth of at least four inches. This includes corners of insets, reveals, or changes in plane that are four inches or greater in depth, as with a balcony, ground floor entry, or change in plane. See examples shown in Figure 19.

e. Living walls shall meet the following standards:

i. The living wall shall be permanently integrated into the exterior design of the building face upon which they are planted.

ii. The living wall shall not be located on a north- or north-east-facing building face.

iii. The living wall shall include an integrated irrigation system.

iv. The living wall shall be created using materials specifically designed for the purpose of installing and maintaining plants within the intended context (considering sun, shade, fog, rain exposure, and any other relevant environmental factors) on an exterior building face.

v. Components of a living wall shall be considered with other landscape elements, and are subject to the requirements of the city’s WELO.

vi. Nothing in this section shall regulate or require the installation of living walls on the interior of any building.

Figure 19: Material Application

16. Lighting.

Goal: To ensure that public areas of buildings are lit for wayfinding and safety, while minimizing impacts of glare, light trespass, and light pollution in order to help make new development dark sky friendly.

a. Individual exterior luminaires shall be shielded to direct light downward and shall not exceed one thousand two hundred sixty lumens. Exterior light fixtures shall utilize light sources with a color temperature that does not exceed three thousand Kelvin.

i. A luminaire is considered to be fully shielded if it is constructed and installed in such a manner that all light emitted by the luminaire, either directly from the lamp or a diffusing element, or indirectly by reflection or refraction from any part of the luminaire, is projected below the horizontal plane through the luminaire’s lowest light-emitting part.

b. Outdoor lights shall not blink, flash, flicker, or change intensity (excluding motion-detecting lights).

c. Lighting shall be provided at parking lots, pedestrian paths, outdoor gathering spaces, building entries, and any other pedestrian-accessible areas.

d. Lighting of outdoor service, loading, and storage areas shall not be visible from the street or adjacent properties.

e. Rooftop lighting shall be set back at least twelve feet from the edge of any building face that is oriented towards any R-District.

f. The height of luminaires shall not exceed fifteen feet above grade for all luminaires other than those in parking areas or decorative sconces as allowed under subsection (14), Architectural Detail.

g. Building faces shall be illuminated such that surfaces located at least ten horizontal feet away from building entries shall have at least sixty-six percent less luminance than surfaces within ten horizontal feet of building entries. Compliance shall be demonstrated with a lighting plan.

(Ord. 2022-19 § 45, 2022).

24.12.186 REQUIREMENTS FOR STREET TREES.

1. When new development or redevelopment is proposed that triggers the requirement for a sidewalk greater than or equal to seven feet in width based on requirements of Section 15.20.060, 24.12.185(12), or any applicable area plan, street trees shall be provided by the owner or developer either within the public right-of-way along any site frontage or within five feet any site frontage immediately adjacent to the required public sidewalk. The street trees shall be permanently maintained in the approved location by the owner or successor in interest of the property whose project triggered the tree planting requirement.

a. The street trees shall conform to the public works department tree planting details and tree sidewalk program policy. Except when otherwise provided in those guidelines, the street trees provided shall be a minimum of one tree for each thirty feet of frontage of the property along each street frontage, with any remaining fraction of ten feet or more of frontage requiring an additional tree. For example, a lot that is no more than thirty feet in width is required to provide a minimum of one street tree, and a lot of fifty feet in width is required to provide a minimum of two street trees.

i. If closer spacing is recommended by an applicable area plan the spacing in the area plan shall govern.

ii. The rates above govern the number of trees to be provided but do not establish a minimum spacing. Trees may be grouped at the recommendation of the landscape architect or project certified arborist.

b. The street trees shall conform to all city of Santa Cruz policies including but not limited to the street tree planting details and the tree sidewalk program policy, and all the standards of Chapter 13.30.

i. Planting wells may incorporate alternative technologies to enhance root development and promote tree growth. Where existing soils beyond the tree well are not conducive to tree growth, as determined by the city of Santa Cruz urban forester, techniques including but not limited to structural soils and suspended pavement may be conditioned.

c. Street trees newly planted in the public right-of-way or within five feet of the public right-of-way shall not be planted:

i. Within a clear vision area required by the city.

ii. Within three feet of a parking sign unless the department of public works agrees to relocate the sign at the expense of the project.

iii. Within five feet of a gas or water meter, or underground electrical conduit.

iv. Within five feet of a fire hydrant.

v. Within ten feet of a sewer lateral.

vi. Within ten feet of an electrical utility pole.

vii. Within ten feet of a driveway.

viii. Within fifteen feet of a crosswalk.

ix. Within twenty feet of a traffic signal.

x. Within fifteen feet of existing trees unless the location is recommended by a landscape architect or project certified arborist, as approved by the city of Santa Cruz urban forester, who will base their determination on site and tree species, to prevent mature tree canopies from conflicting.

d. Utility infrastructure shall be consolidated if necessary in order to accommodate the siting of street trees.

e. Where location criteria eliminate all options for locating the required number of street trees within the public right-of-way or within five feet of the public right-of-way, and utilities cannot be further consolidated to allow for installation of street trees as demonstrated in a landscaping plan, the requirement to provide street trees shall be met in the following alternative method:

i. Incorporation of trees on the development site at a rate of one and one-half trees per one street tree that is not provided, with fractional requirements rounded up to the next whole number.

1. These trees may be located anywhere on the site, including but not limited to a buffer at the rear of the property, in a permanent rooftop garden (not in a standalone planter), or as a shade tree within a parking area.

2. Trees placed within five feet of any paved area shall be installed consistent with the public works department tree planting details.

(Ord. 2022-19 § 46, 2022).

24.12.190 OUTDOOR STORAGE, DISPLAY, OR SALE OF MERCHANDISE.

All merchandise storage, display, or sales areas shall be wholly within a completely enclosed building or structure or shall be screened so as not to be visible from an adjacent public street or publicly operated parking lot, except that the area within a completely roofed street alcove or entryway may be utilized for merchandise display; provided, that such merchandise is displayed inside the line of the building face and does not present a hazard to pedestrians or encroach on a required building exit.

1. Exceptions. The following outdoor sales and commercial activities shall not be subject to the provisions of this section:

a. Automobiles, boat, trailer, camper, motorcycle, and motor-driven vehicle sales and rentals;

b. Building material and supplies areas in the I-G District;

c. Fish markets and beach, surfing, and fishing equipment in the C-B and OF-R Districts;

d. Fruit and vegetable stands;

e. Horticultural nurseries;

f. Vending machines, when located in service stations, motels and other drive-in businesses;

g. Gasoline pumps, oil racks and accessory items when located on pump islands;

h. Vending carts and stands;

i. Parking lot sales not to exceed three days during any six-month period;

j. Sidewalk sales, when sponsored by business or civic organizations, not to exceed three days during any six-month period;

k. Garage sales when conducted on residentially used property, for a period not to exceed three days during any six-month period;

l. Sidewalk cafes on private property, subject to approval of an administrative use permit;

m. Outdoor extension areas for commercial uses, including outdoor sidewalk cafes or retail areas on public property, subject to approval of an administrative use permit and a revocable license per Section 24.12.192;

n. Temporary circus or carnival activities, subject to approval of an administrative use permit;

o. Cut flowers;

p. Activities similar to the above, as determined by the zoning administrator.

(Ord. 2020-22 § 17, 2020; Ord. 2015-10 (part), 2015: Ord. 2012-06 § 4 (part), 2012: Ord. 85-05 § 1 (part), 1985).

24.12.192 OUTDOOR EXTENSION AREAS.

The purpose of outdoor extension areas is to enhance streetscape on the city’s corridors by introducing uses attractive to pedestrians into the pedestrian environment, configured and arranged in ways which activate and enliven the public street. These uses include outdoor eating areas, retail areas and landscaping. In this section the term “adjacent business” shall apply to the business using the extension area. If the sidewalk width allows it, the adjacent business may be separated from the extension area by the public walkway. This section is applicable citywide, except for areas within the Downtown Plan which are subject to Section 24.10.2340.

1. Administrative Use Permit and Revocable License. No person shall use an extension area unless an administrative use permit and revocable license are obtained pursuant to this section.

2. Outdoor Extension Area Application. Application for an outdoor extension area shall be made jointly by the property owner and the business operator of the business located on the property adjacent to the extension area, and shall be filed with the planning department on the appropriate application form, accompanied with the following information:

a. Name and address of the property owner and business operator. Both parties and/or their authorized representatives shall sign the application.

b. The expiration date of the business license of the business intending to operate the extension area.

c. A drawing showing the extension area in its relationship to the building, sidewalk and street, for the extension area and thirty feet along the sidewalk in either direction. The drawing shall show dimensions of the extension area, locating doorways and access points, show width of sidewalk (distance from curb to building face and property line), existing and projected pedestrian traffic movements, location of utilities that might affect or be affected by the application proposal, parking meters, bus stops, benches, trees, landscaping, trash receptacles and other street furniture, or any other potential sidewalk obstruction. The drawing of the extension area shall show its intended use, any furniture or display stands, fixtures, signs, canopies and other overhead appurtenances, landscaping and planters, trash receptacles, and any other matter to be placed in the area.

3. Location and Design Requirements.

a. The extension area may extend no more than ten feet from the property line into the public right-of-way, and in no cases shall an extension area result in an unobstructed walkway of less than six feet.

b. The elevation of the extension area shall be the same as the public sidewalk, and shall meet ADA accessibility standards outlined below.

c. No permanent structures will be allowed within the public right-of-way, with the exception of ADA complying barriers.

d. If a separation between the cafe and the public walkway is desired, this shall be achieved through low planters or fencing; the maximum height of such planters (including the planting) shall be no more than four feet in order to maintain the public view of the extension area. Wind block types of clear fencing can exceed four feet.

e. A canvas awning will be permitted to extend over the full depth of the cafe extension area; no columns or supporting poles will be permitted within the public right-of-way.

f. The use of removable umbrellas within sidewalk extension areas is also encouraged; provided, that seven feet of clearance is provided from the sidewalk.

g. Removable wind screens that are of a transparent material and that are an integral part of the planter may be permitted to extend the seasonal use of the cafe area. Such screens shall not exceed a height of six feet and shall be separated from the awning to provide for air movement.

h. Extension areas that include a “take-out” or service window shall submit a management plan that includes specifics on outdoor trash collection and disposal, security and customer queuing. The management plan will include designated staffing and will be designed to ensure that the site is kept clean, trash is managed, that the outdoor area is attractive and that customer queuing does not impede access to the sidewalk.

4. Conditions of Approval. The administrative use permit and revocable license may be conditioned to achieve the purpose of this part. In addition to any other appropriate conditions, standard conditions shall include:

a. The approval for this use shall be issued to the operator of the adjacent business, and shall not be transferable.

b. The extension area shall be permitted only in conjunction with the establishment which is operating in the adjacent building and to which the extension area is appurtenant.

c. The applicant shall notify the planning department and police department at least three working days in advance of the date work is to begin to establish the outdoor use.

d. The applicant shall take actions to assure that the use of the extension area in no way interferes with pedestrians or limits their free and unobstructed passage.

e. The extension area and all its contents shall at all times be maintained in a clean and attractive condition; all landscaping and planting shall be maintained in a presentable and healthy condition.

f. The extension area shall be operated in conformance with the hours specified in the approval.

g. The extension area shall be operated in conformance with any applicable city, county or state laws.

h. Use of the extension area is approved for an indefinite term, except as it may be limited as a condition of the approval, but shall be subject to termination at any time on thirty days’ prior written notice upon a determination by the city that the public interest requires vacating the extension area, or as provided in Section 24.10.2340(4)(g).

i. The licensee shall meet the liability and insurance requirements of the city’s risk manager. A certificate of insurance shall be furnished to the city prior to the use of an extension area.

5. Denial, Revocation or Suspension of License. The zoning administrator may deny, revoke, or suspend a license for use of an extension area if it is found:

a. That the provisions of this part or conditions of approval have been violated; or

b. Any necessary health permit has been suspended, revoked or canceled; or

c. The licensee does not meet the insurance requirements of the license; or

d. The city determines that the public interest requires vacating the extension area.

(Ord. 2022-19 § 47, 2022; Ord. 2015-10 (part), 2015: Ord. 2012-06 § 4 (part), 2012).

* Editor’s Note: Ord. 2012-06 adds this section as 24.12.200. It has been editorially renumbered to avoid duplication of numbering.

24.12.195 LIVE ENTERTAINMENT.

1. Live entertainment is considered incidental to the primary use where the indoor stage/performance area does not exceed eighty square feet and customer dancing does not occur. Incidental live entertainment is a permitted use with the following uses:

a. Eating and drinking establishments (including fast food restaurant) (280).

b. Specialty retail stores such as coffee houses, music and book stores (290E and 290G).

c. Any other commercial use determined by the Zoning Administrator as not impacting adjacent properties.

2. Incidental live entertainment shall be reviewed and approved by the Police Department through an Entertainment Permit prior to commencement.

3. If incidental live entertainment violates any provision of this title or Chapter 5.44, the Zoning Administrator may order that the said entertainment immediately be stopped as per Section 24.04.221.

4. Where the indoor stage/performance area exceeds eighty square feet and/or customer dancing is provided the primary use shall be classified as a nightclub/music hall (630).

5. Any outdoor live entertainment on private property not exceeding three consecutive days or five days a year may be allowed by the Police Department through the sound permit requirements of the Municipal Code. Any outdoor live entertainment exceeding the above days shall be reviewed through an administrative use permit except where otherwise stated.

6. All live entertainment shall comply with the noise requirements of Section 24.14.260 and all applicable building and fire regulations.

(Ord. 2005-30 § 14, 2005).

Part 3: OFF-STREET PARKING AND LOADING FACILITIES*

* Editor’s Note: This part was originally adopted as a part of the underlying zoning ordinance, Ord. 85-05. It was revised in its entirety by Ord. 85-46, adopted 5-25-85, effective as of 6-27-85.

24.12.200 PURPOSE.

The purpose of the regulations contained herein is to reduce street congestion and traffic hazards and to add to the safety and convenience of citizens, by providing adequate, attractively designed, and functional facilities for off-street parking and loading as an integral part of every use of land in the city. A further purpose is to promote sustainable and alternative transportation practices and transportation/parking management. This section of the zoning ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2020-21 § 3, 2020; Ord. 2017-02 § 1, 2017: Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 94-33 § 59, 1994: Ord. 85-46 § 1 (part), 1985).

24.12.210 GENERAL PROVISIONS.

At the time any building or structure is constructed, erected or modified, or a use established, there shall be provided on the same site, for the use of the occupants, guests, clients, customers or visitors thereof, off-street parking spaces for vehicles in accordance with the requirements herein. Alternatives in lieu of or in addition to parking may be required.

(Ord. 2020-21 § 3, 2020; Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 85-46 § 1 (part), 1985).

24.12.220 EXCEPTIONS.

1. Off-street parking and loading requirements set forth in this part shall not apply to:

a. Agricultural uses; or

b. Development within one-half mile of a major transit stop.

i. This exception shall not apply to any lodging use or where the city is authorized to enforce minimum auto parking requirements pursuant to California Government Code Section 65863.2(b).

(Ord. 2023-06 § 1, 2023; Ord. 2020-21 § 3, 2020; Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 85-46 § 1 (part), 1985).

24.12.230 GENERAL REQUIREMENTS.

A design permit is required for a new facility or an existing facility proposed for modification, containing five or more spaces.

(Ord. 2020-21 § 3, 2020; Ord. 2013-10 § 1 (part), 2013: Ord. 2002-25 § 2 (part), 2002: Ord. 85-46 § 1 (part), 1985).

24.12.240 NUMBER OF PARKING SPACES REQUIRED.

1. Where the computation of required parking spaces produces a fractional result, fractions of one-half or greater shall require one full parking space.

Use	Spaces Required
Automobile or machinery sales and service garages	1 for each 400 square feet of floor area
Banks without automatic teller machines	1 for each 400 square feet of floor area
Banks with automatic teller machines	1 for each 400 square feet of floor area; plus 1.5 for each machine
Business and professional offices, excluding medical and dental offices	1 for each 300 square feet of floor area
Billiard parlors	1.5 for each table
Community care residential facilities, including, but not limited to: assisted living facilities, children’s homes, congregate care homes, nursing homes, residential treatment facilities	1 for every 5 guests, plus 1 for each employee on the shift with the maximum number of personnel
Houses of worship	1 for each 3.5 seats in the sanctuary
Dance halls and assembly halls without fixed seats, exhibition halls, except assembly rooms in conjunction with auditoriums	1 for each 3 persons of design occupancy load
Family daycare and foster family homes	1 for every 5 guests, plus 1 for the resident owner or manager
Funeral homes, mortuaries	1 for each 5 seats of the aggregate number of seats provided in all assembly rooms
Furniture and appliance stores, household equipment	1 for each 800 square feet of sales floor area
Hospitals	1 for each bed, plus 1 for each employee on the shift with the maximum number of personnel
Hotels, motels	1 for each unit intended for separate occupancy, plus 1 for the resident owner or manager
Manufacturing plants, bottling plants, processing plants, packaging plants, furniture repair	1 for each 500 square feet of floor area
Medical and dental clinics and offices	1 for each 200 square feet of floor area
Medical (or convalescent) hospitals	1 for each 5 beds, plus 1 for each employee on the shift with the maximum number of personnel
Physical fitness facilities Physical fitness facilities with more than 15,000 square feet of floor area shall provide an additional 10 percent of the total number of required parking spaces.	1 space for each 250 square feet of floor area
Physical therapy	1 space per 200 square feet of floor area. In addition, 1 space per 50 square feet of pool (water) area
Residential Uses

	Number of Bedrooms
Type	Efficiency	1	2+
Single-family (including townhouses), houseboat, duplex, triplex, multiple mobilehomes, community housing projects, other multifamily dwelling units	1.0	1.0	2.0
Community housing projects, townhouses, and multifamily projects of 5 units or more	In addition to meeting above residential parking requirements, guest parking spaces shall be provided at a rate 10% of the above standards. Fractional spaces will be rounded up to the next whole number.
Lodging, rooming houses and bed-and-breakfast inns	2 spaces, plus 1 for each bedroom that is rented
Residence halls, dormitories	0.75 space for each guest or occupant
Senior housing development	1 for each 3 dwelling units or rooms intended for separate occupancy, plus an area of land equal to the required off-street parking for multifamily units, not including required open space, which could be converted to parking should the retirement center change to a multifamily residential use
Flexible density unit (FDU)	1 space for each dwelling unit
Single-room occupancy dwelling unit, less than 300 square feet	0.75 for each dwelling unit
Single-room occupancy dwelling unit, 300 square feet or more	1 for each dwelling unit
Accessory dwelling unit	The parking standards for accessory dwelling units are as follows (these standards do not affect the amount of required parking for the primary residence): Outside the Coastal Zone, no off-street parking shall be required for an ADU and spaces removed to accommodate an ADU will not require replacement. On parcels located inside the Coastal Zone and within the designated areas shown in the LCP Figure “ADU Parking Required” (which follows this table), at least 1 off-street parking space shall be required for each ADU, and all off-street parking requirements associated with all other residential uses at the site shall be met on site, including replacement parking spaces if any are removed to accommodate an ADU. On parcels located inside the Coastal Zone but not within the designated areas shown in LCP Figure “ADU Parking Required” (which follows this table), 0 parking spaces shall be required for each ADU. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an accessory dwelling unit or converted to an accessory dwelling unit, those off-street parking spaces are not required to be replaced. If other parking areas on a site (e.g., a driveway or other nonstructural parking area) are removed to provide for an ADU, off-street replacement parking spaces shall be required for the primary (non-ADU) residential use.

Use	Spaces Required
Restaurants and other establishments selling food and beverages on the premises (including bars and nightclubs without live entertainment)	1 for each 120 square feet of floor area
Restaurants with counter and/or take-out service or drive-in facilities	1 for each 120 square feet of floor area, plus 1 for each 50 square feet of floor area devoted to counter/take-out service
Research and development facilities	1 for each 325 square feet of floor area, or 1 for every 2 employees (maximum shift), whichever is greater
Retail stores, shops, service establishments, including shopping centers other than furniture and appliance stores	1 for each 250 square feet of floor area
Schools:
• Elementary and junior high	1 for each employee
• High schools	1 for each employee, plus 1 for each 10 students
Colleges (business, beauty, etc.) and universities	1 for each employee, plus 1 for each 3 students
Self-service laundry and dry cleaning establishments	1 for each 200 square feet of floor area
Service stations	3 for each lubrication or service bay, plus 1 for each employee on the day shift
Sports arenas, auditoriums, assembly halls, and meeting rooms	1 for each 3.5 seats of maximum seating capacity
Theaters	1 for each 3.5 seats for the first 350 seats; plus 1 for each 5 additional seats
Tutoring facilities	1 for each 250 square feet of floor area
Wholesale establishments, warehouses, service and maintenance center, communications equipment buildings	1 for each 1,000 square feet of floor area
Recycling collection facilities
• Independent	2 spaces
• In conjunction with other uses that provide required parking	0 spaces
Unspecified uses of buildings, structures, or premises	Where the parking requirement for a particular use is not specifically established in this section, the parking requirements for each use shall be determined by the zoning administrator, and such determination shall be based upon the requirements for similar uses. Public uses not specifically established in this section shall meet the parking requirement as established by the planning commission. The planning commission shall take into account the proposed use and parking availability in the vicinity of the use.
Uses in Parking District No. 1 (Downtown)	Parking shall be provided in conformance with the resolution of the city council for this district in effect at the time of submittal of a complete application.

2. Covered Parking. All residential development has the option of including covered or enclosed parking, consistent with other zoning standards. No covered or enclosed parking is required for any residential or mixed-use housing unit.

3. Unbundled Parking. All residential development has the option to rent or sell off-street parking spaces separately from the rental or purchase of dwelling units for the life of the dwelling units, such that potential renters or buyers shall have the option of renting or buying a dwelling unit at a price lower than would be the case if there were a single price for both the dwelling unit and the parking space(s). Unbundled parking will qualify for a reduced parking requirement when executed in conformance with the requirements of Section 24.12.290(3)(e).

4. The following exceptions may be granted for specific types of residential projects:

a. Exceptions to parking requirements may be granted to publicly subsidized housing units, affordable housing projects, and projects for special needs or senior tenants where such requirements are in conflict with state or federal regulations or funding policies.

b. SRO parking requirements may be reduced by one-quarter space for each dwelling unit if the project is either located:

(1) Within one-quarter mile or one thousand three hundred twenty feet of an alternative parking facility and spaces are available and can be committed to residents; or

(2) Within one-quarter mile or one thousand three hundred twenty feet of access to public transportation such as a bus stop.

c. Parking requirements for mixed-use developments in the I-G District, as permitted under Section 24.10.1510(2)(k)(3), may be reduced by a maximum of four-tenths space for each dwelling unit as a part of an on-site shared parking plan.

d. In addition to the allowances afforded through accessory dwelling unit regulations in Part 2 of Chapter 24.16, existing covered parking may be converted into additional units if all the requirements for the underlying zoning district can be met and replacement parking can be provided that meets the other parking requirements herein.

5. No more than forty percent of the front setback of a residential property developed with up to four dwelling units (excluding any ADUs or Jr. ADUs) shall be utilized or developed for parking. No portion of the front setback of a residential property developed with more than four dwelling units (excluding any ADUs or Jr. ADUs) shall be utilized or developed for parking (See also Section 24.12.185(6)). No more than fifty percent of the front setback of a residential property may be paved or covered with any impervious surface.

(Ord. 2023-06 § 2, 2023; Ord. 2022-19 § 48, 2022; Ord. 2022-02 § 5, 2022; Ord. 2021-15 § 5, 2021; Ord. 2020-21 § 3, 2020; Ord. 2019-03 § 12, 2019; Ord. 2016-11 § 38, 2016: Ord. 2016-19 § 2, 2016: Ord. 2015-11 § 1, 2015; Ord. 2013-10 § 1 (part), 2013: Ord. 2008-14 § 3, 2008: Ord. 2007-21 § 2, 2007: Ord. 2006-18 § 5, 2006: Ord. 2004-02 § 2, 2004: Ord. 2002-25 § 2 (part), 2002: Ord. 2002-02 § 2 (part), 2002: Ord. 91-14 § 5, 1991; Ord. 90-38 § 1, 1990; Ord. 89-38 § 1, 1989; Ord. 87-22 § 10, 1987; Ord. 85-46 § 1 (part), 1985).

24.12.241 ELECTRIC VEHICLE CHARGING STATION REQUIREMENTS.

1. Definitions.

a. “Electric vehicle” means a vehicle that operates, either partially or exclusively, on electrical energy from the electrical grid, or an off-grid source, that is stored on board for motive purposes.

b. Electric Vehicle Supply Equipment (EVSE) Installed. “EVSE installed” shall mean an installed Level 2 or higher EVSE, as defined by the California Green Building Standards Code (CAL Green) of California Building Standards regulations, et seq.

2. Required Spaces Are Rounded. When determination of the number of required electric vehicle parking stalls by this title results in a requirement of a fractional space, any fraction of less than one-half may be disregarded, while a fraction of one-half or more shall be counted as one parking space.

3. Electric Vehicle Charging Stations.

a. Electric Vehicle (EV) Charging for Multifamily Residential Structures. New multifamily dwellings on a single site with five or more units shall provide twelve percent of total parking, but no fewer than one, as electric vehicle parking space with EVSE installed. Multifamily projects requiring an EV van accessible parking space shall receive a credit of one parking space.

b. Electric Vehicle (EV) Charging for Nonresidential Structures. New nonresidential structures shall provide parking spaces with EVSE installed in accordance with the following table:

Total Number of Actual Parking Spaces	Total Number of Actual or Required EVSE Spaces, Whichever Is Greater
0 – 9	0
10 – 25	1
26 – 50	2
51 – 75	4
76 – 100	5
101 – 150	7
151 – 200	10
201 and over	6 percent of total

(Ord. 2020-21 § 3, 2020; Ord. 2020-16 § 2, 2020; Ord. 2017-02 § 2, 2017).

24.12.250 BIKE PARKING REQUIREMENTS.

1. Bicycle parking facilities shall be provided for any new building, addition or enlargement of an existing building, or for any change in the occupancy.

2. Bike Spaces and Type Required. Bicycle parking facilities’ quantity and type shall be provided in accordance with the following schedule, with fractional quantity requirements for bike parking over one-half to be rounded up. Each bicycle parking space shall be no less than six feet long by two feet wide and shall have a bicycle rack system in compliance with the bike rack classifications listed in subsection (4).

	Example	Number of Bicycle Parking Spaces Required	Classification Class 1 = Long-Term Class 2 = Short-Term
Industrial	Warehousing, manufacturing	1 per 7,500 square feet, minimum 2 spaces	80% Class 1 20% Class 2
Office and financial institutions	General office, medical, clinic, research and development, banks	1 per 1,500 square feet, minimum 2 spaces	20% Class 1 80% Class 2
Retail/service or other commercial	Grocery store, hardware store, personal services, handicraft	1 per 1,000 square feet, minimum 2 spaces	20% Class 1 80% Class 2
Restaurant/bar	Restaurant, deli, coffee shop, bar/tasting rooms	1 per 500 square feet, minimum 2 spaces	20% Class 1 80% Class 2
Multifamily residential (3 or more units)	Housing developments with 3 or more units	See classification column	Class 1 – 1 space per unit – garages or secure accessible indoor areas count Class 2 – 1 space per 4 units, minimum 2 spaces
Commercial recreation	Sports arenas, theaters	See classification column	Class 1 – 1 per 10,000 square feet Class 2 – 1 per 40 seats, minimum 10
Civic uses (civic, cultural, public, and religious assembly)	Library or museum, places of public or religious assembly	1 per 1,000 square feet	10% Class 1 90% Class 2
Schools		1 per 5 students	20% Class 1 80% Class 2* *Must be in secure area such as bike cage or within gated school grounds, preferably with weather protection such as roof
Park-and-ride lots		1 per 10 auto parking spaces, minimum 2 spaces	100% Class 1
Transit centers		See classification column	30 Class 1 spaces 12 Class 2 spaces
Lodging	Hotel, motel	1 per 5 rooms/units	10% Class 1 90% Class 2
Commercial parking		1 per 10 auto parking spaces	100% Class 1
Parking District No. 1 – Residential uses	Multifamily housing	See classification column	1 Class 1 bicycle parking space per unit 1 Class 2 bicycle parking space per 15 units
Parking District No. 1 – Nonresidential uses	Any nonresidential uses in district	1 per 1,000 square feet	25% Class 1 75% Class 2 The Class 2 spaces shall be publicly accessible, and the style shall be inverted U.
Emergency shelters	See Section 24.12.1610	1 per 3 occupants	25% Class 1 75% Class 2 The Class 2 spaces shall be publicly accessible, and the style shall be inverted U.

3. For projects requiring twenty or more bike parking spaces, a bike fix-it station is required. A fix-it station shall include at a minimum a bicycle pump; 2.5, 3, 4, 5, 6, and 8 mm Allen wrenches; 8, 9, 10, 11, 15, and 32 mm box wrenches; two tire levers; and a Phillips and flat head screwdriver. For projects requiring twenty or more bicycle parking spaces, a minimum of five percent of required bicycle parking spaces must have a larger footprint of three feet by ten feet, which must be provided in a horizontal, floor level rack. These spaces will be available for larger bicycles such as e-bikes, cargo bikes, bikes with trailers, and other larger bicycles.

4. Classification of Facilities.

a. “Class 1 bicycle facility” means a locker, individually locked enclosure or supervised area within a building providing protection for each bicycle therein from theft, vandalism and weather. Class 1 facilities are intended for long-term storage.

b. “Class 2 bicycle facility” means a stand or other device constructed so as to enable the user to secure by locking the frame and one wheel of each bicycle parked therein. Racks must provide two points of contact to bicycle frames, so that they are easily usable with both U-locks and cable locks. Racks should support the bikes in a stable upright position so that a bike, if bumped, will not fall or roll down. The preferred Class 2 bike rack style is an inverted U, which meets code requirements. Racks that support a bike primarily by a wheel, such as standard “wire racks,” are damaging to wheels and thus are not acceptable. Class 2 facilities are intended for short-term storage.

5. Location and Design of Facilities.

a. Bicycle parking shall be located in well-lit locations within forty feet of the building’s entrance and clustered in lots not to exceed sixteen spaces each.

b. Bicycle parking facilities shall provide two points of contact to bicycle frames to support bicycles in a stable position without damage to wheels, frame or other components.

c. Bicycle parking facilities shall be located in highly visible, well-lit areas to minimize theft and vandalism.

d. Bicycle parking facilities shall be securely anchored to the lot surface so they cannot be easily removed and shall be of sufficient strength to resist vandalism and theft.

e. Bicycle parking facilities shall not impede pedestrian or vehicular circulation, and should be harmonious with their environment both in color and design. Parking facilities should be incorporated whenever possible into building design or street furniture.

f. Racks must not be placed close enough to a wall or other obstruction so as to make use difficult. There must be sufficient space (at least twenty-four inches) beside each parked bike that allows access. This access may be shared by adjacent bicycles. An aisle or other space shall be provided to bicycles to enter and leave the facility. This aisle shall have a width of at least six feet to the front or rear of a bike parked in the facility.

g. Paving is not required, but the outside ground surface shall be finished or planted in a way that avoids mud and dust.

h. Bike parking facilities within auto parking areas shall be separated by a physical barrier to protect bicycles from damage by cars, such as curbs, wheel stops, poles or other similar features.

i. Any bicycle parking provided in double-decker bicycle racks shall have a lift-assist mechanism to aid the user in parking their bicycle on the upper rack.

j. If vertical wall hanging bicycle racks are used for Class 2 bicycle parking, thirty percent of required Class 2 bicycle parking must be provided in racks that meet Class 2 requirements in subsection (4)(b) at ground level.

k. If required Class 2 bicycle parking is not clearly visible to bicyclists approaching from adjacent public roadways or paths, signs shall indicate the locations of the facilities on the exterior of the building at each major entrance and in other appropriate locations. Where necessary, additional directional signage to the bicycle parking area shall be provided.

6. Variation to Requirements.

a. Substitution of Car Parking With Bike Parking. New and preexisting developments may reduce up to ten percent of their parking requirement with the provision of unrequired additional bike parking, as long as the spaces are conveniently located within forty feet of a building entrance. This parking reduction must yield at least six bike parking spaces per converted auto space. These bike parking spaces shall be in addition to the bike parking facilities required by this section, and provided in the same ratio of Class 1 and Class 2. The total available parking reduction granted shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete planning application is submitted.

b. Where the provision of bike parking is not feasible, the requirements may be waived or reduced to a feasible level by the zoning administrator in accordance with city bike parking standards.

c. Downtown Parking District – All Nonresidential Uses. Businesses and developments within Parking District No. 1 are not required to provide Class 2 bicycle parking on site if adequate on-site space is not available, as determined by the planning director. The city shall permit required bicycle parking within the public right-of-way for the downtown parking district area in locations and amounts determined by the director of public works.

(Ord. 2023-06 § 3, 2023; Ord. 2020-21 § 3, 2020; Ord. 2017-02 § 3, 2017: Ord. 95-20 § 1, 1995: Ord. 94-15 § 1, 1994).

24.12.252 SHOWER FACILITY REQUIREMENTS.

1. Employee shower facilities in compliance with ADA standards shall be provided for any new commercial building constructed or for any addition to or enlargement of any existing building in compliance with the following table:

Use	Gross Floor Area of New Construction (Square Feet)	No. of Showers
Industrial, manufacturing, and medical, general business office or financial service	0 – 12,499	No requirement
	12,500 – 29,999	1
	30,000 – 49,999	2
	50,000 and up	4
Retail, eating and drinking and personal service	0 – 24,999	No requirement
	25,000 – 99,999	1
	100,000 and up	2

2. Shower facilities shall include at least one personal locker for every twenty employees. If only one shower is provided it must be designed as a unisex facility that is accessible to the handicapped.

3. As an alternative to including shower facilities within a building, a new business may submit a written agreement for employees to utilize existing shower facilities of a business within three hundred feet of the project’s property lines. This agreement must be signed by both parties involved, allow use of the facilities in perpetuity, establish allowable hours of use, include provisions for maintenance, and involve shared liability agreements.

(Ord. 2020-21 § 3, 2020; Ord. 94-15 § 2, 1994).

24.12.260 RESERVED.

24.12.270 MISCELLANEOUS REQUIREMENTS.

1. Parking Limit. The city may establish a maximum parking limit where a development proposal exceeds city standards for the number of parking spaces.

2. Compact Car Spaces. Up to fifty percent of a parking requirement may be designed for compact or small cars. Compact car spaces shall be sixteen feet long by seven and one-half feet and shall be labeled for compact cars only.

3. Accessible Facilities. Requirements for accessible parking spaces shall apply to all parking facilities, whether required or provided voluntarily. This section is intended to enforce the accessible parking requirements of state law. Parking facilities specifically designed, located, and reserved for vehicles licensed by the state for use by the disabled shall be provided in a manner consistent with the California Building Standards Code and state law.

4. Electric Vehicle Parking. For the purposes of determining compliance with this section, a parking space served by electric vehicle supply equipment or a parking space designated as a future electric vehicle charging space shall count as one standard automobile parking space, and an accessible parking space with an access aisle served by electric vehicle supply equipment or an accessible parking space with an aisle designated as a future electric vehicle charging space shall count as two standard automobile parking spaces. Electric vehicle parking facilities shall comply with all requirements of Section 24.12.241.

5. Cumulative Parking Requirements. When two or more uses are located in the same building or parcel and share common parking facilities, the parking requirements shall be the sum of the separate requirements for each use, except as may be provided for in Section 24.12.290.

(Ord. 2020-21 § 3, 2020; Ord. 2016-11 § 39, 2016: Ord. 94-15 § 3, 1994: Ord. 89-09 § 1, 1989; Ord. 88-18 § 1, 1988; Ord. 85-65 § 1, 1985; Ord. 85-46 § 1 (part), 1985).

24.12.280 DESIGN REQUIREMENTS.

1. Driveway Design Standards.

a. Parking facilities hereafter established and which are located adjacent to a required front yard in an adjoining A-District or R-District shall be provided with a clear vision area and parking facilities which are located adjacent to two intersecting streets shall include a clear corner triangle as defined in this title. These areas shall be maintained in conformance with Section 13.30.110.

b. The total clear space to accommodate a vehicle in driveways and private parking areas used as private parking facilities for single-family residential uses shall not be smaller than the dimensions of required on-site parking spaces.

c. Driveways shall be designed to conform with existing contours to the maximum extent feasible.

d. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight in clear vision areas and clear corner triangles based on AASHTO Green Book sight distances.

e. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:

* Back edge of standard city driveway.

** All percentages are measured from the edge of standard city driveway.

f. Driveways and approaches shall comply with the applicable standards set forth in Chapter 15.20.

2. Parking Facility Layout. The diagrams entitled “Sample Parking Designs and Standards,” included at the end of Part 3 of this chapter, shall be used for dimensions in the development and arrangement of parking spaces and parking areas. Layout and traffic flow is illustrative only and these standards may be varied with supportive documentation of acceptable circulation by a California-licensed civil engineer.

a. Each standard-size parking space shall be not less than nineteen feet in length by eight and one-half feet in width. Each compact parking space shall be not less than sixteen feet in length by seven and one-half feet in width.

3. Access to Spaces or Facilities.

a. Access to parking facilities shall not be less than twenty feet in width; except as follows:

(1) Access to parking facilities containing five or fewer parking spaces shall be not less than ten feet in width, except as provided in subsection (1), Driveway Design Standards, for private facilities for single-family homes.

(2) Access to parking facilities containing between six and twenty parking spaces shall be not less than twelve feet in width.

(3) Where separate one-way drive aisles are proposed, each shall be not less than ten feet in width.

(4) The zoning administrator shall determine the width of driveways serving parking facilities in the GB-O District based on the following findings:

i. That the width is necessary to preserve the open-space character of the area;

ii. That the width contributes to the compatible use of open-space lands.

(5) The public works department, planning and community development department, and/or the fire department may approve designs that vary from the above standards based on the individual circumstances of a parcel or use.

b. Backing Out.

(1) General. Driveways and aisles in a parking facility shall be designed so that vehicles do not back out into a street other than a residential alley.

(2) Exceptions. Parking facilities for single-family dwellings and duplexes not located on a highway or major or minor arterial, as shown on the General Plan Land Use Map, may provide for backing into the street. Parking facilities for three-family dwelling or triplex or four-family dwelling or fourplex may be designed to back out onto a street only if the street is not an arterial or collector street.

(3) Dimensions. Public and private parking facilities shall provide at least twenty-four feet of clear area behind parking spaces for backing-out and turning movements when ninety-degree parking spaces are used, at least fifteen feet when forty-five-degree parking is used, and at least eighteen feet when sixty-degree parking is used. In unique situations, a California-licensed civil engineer may demonstrate with a turning diagram that this dimension can be reduced and still provide adequate on-site circulation for standard sized vehicles. Reductions in back-out area are subject to review and approval by the planning director or designee in consultation with the director of public works or designee.

4. Tandem Spaces.

a. Required parking spaces for residential uses may be provided in a tandem arrangement no more than three parking spaces deep. No parking space may be in tandem with a parking space for a separate dwelling unit except as allowed for accessory dwelling units.

5. Border Barricades. Every parking facility containing angled or ninety-degree parking spaces adjacent to a street right-of-way shall, except at entrance and exit drives, be developed with a solid curb or barrier along such street right-of-way line; or shall be provided with a suitable concrete barrier at least six inches in height and located not less than two feet from such street right-of-way line. Such wall, fence, curb, or barrier shall be securely installed and maintained.

6. Surfacing. All off-street parking facilities shall be surfaced with a minimum of five inches of concrete, or one and one-half inches of asphalt overlying four inches of base rock; except:

a. Temporary off-street parking facilities, which may be surfaced by placement of a single bituminous surface treatment upon an aggregate base, which bituminous treatment and base shall be subject to the approval of the director of public works;

b. Driveways and parking pads for single-family residences may be surfaced with four inches of concrete or other approved material;

c. Parking facilities approved by the zoning administrator or planning commission for a different parking surface;

d. All off-street parking facilities shall be so graded and drained as to dispose of all surface water from within the area; in no case shall such drainage be allowed to cross sidewalks.

7. Marking. Parking spaces within a facility shall be clearly marked and delineated. For nonresidential uses, wheel stops or curbing may be required.

8. Lighting. Lighting shall be directed onto the subject property only and shielded so that the light source is not visible from adjacent properties or streets. The requirements of Section 24.12.185(16) shall also apply to development proposals including any multifamily housing.

9. Landscaping and Screening.

a. General Requirements. Landscaping shall be provided in conjunction with the development or modification of any parking space or facility. Landscaping is employed to diminish the visibility and impact of parked cars by screening and visually separating them from surrounding uses and the street; to provide shade and relief from paved areas; to channel the flow of traffic and generally contribute to good site design.

(1) Every commercial parking facility abutting property either located in R-Districts or in residential uses shall be separated from such property or use by a permanently maintained evergreen hedge, view-obscuring wall or fence, raised planter, planted berm or the like. Such screening devices shall be of sufficient height to diminish the visibility and impact of parked cars and visually separate them from the adjacent residential zone or use. Screening devices may not exceed the standards set forth in Section 13.30.110.

(2) Except for parking facilities for single-family lot development, landscaped areas shall be separated from paved parking areas by a six-inch continuous concrete curbing, or other permanent landscape feature including fencing, gravel, or rigid landscape edging. Parking facilities that incorporate landscaped storm water treatment or retention areas in conformance with adopted city best management practices for low impact development shall be exempt from this requirement adjacent to those areas used for treatment or retention.

b. Standards for Multifamily, Over Five Units, Commercial and Industrial Developments. Every parking facility shall include a minimum of ten percent of area devoted to parking in permanent landscaping. Landscaping shall be installed in areas used to channel the flow of traffic within parking rows, at the entry to aisles, and at other locations specified by the approving body. Required landscaping shall include appropriate vegetation including trees which shall be provided in sufficient size and quality to adequately screen and soften the effect of the parking area, within the first year. Additional standards for screening found in Section 24.12.185 shall also apply where required.

(Ord. 2022-19 § 49, 2022; Ord. 2023-06 § 4, 2023; Ord. 2020-21 § 3, 2020; Ord. 2016-11 § 40, 2016: Ord. 2015-11 §§ 2, 3, 22, 2015; Ord. 89-11 § 1, 1989; Ord. 88-59 § 1, 1988: Ord. 85-46 § 1 (part), 1985).

24.12.290 VARIATIONS TO REQUIREMENTS.

The off-street parking requirements of this part may be satisfied or modified in the following ways:

1. Parking District Number 1. If the property being occupied or proposed to be occupied is in Parking District Number 1 and requires a number of parking spaces greater than the existing use, and not otherwise accommodated on the site, the downtown commission shall review the project and advise the decision-making body as to whether the parking district is capable of providing adequate parking for the new use and existing uses in the vicinity.

2. Variations to Design Requirements. A variation to the design standards may be approved by the zoning administrator as part of an administrative use permit to supersede the design requirements contained in this section if a finding can be made that the purpose of this section is met and the following standards are met, as applicable:

a. Parking must be able to properly function, allowing for convenient maneuvering, and compatible relationship to adjacent uses.

b. All parking stalls shall be marked.

c. The parking arrangement shall not create safety problems for persons parking in or traversing the parking area.

d. Any valet parking program must operate full-time during established business or operating hours (if applicable).

e. Any off-site parking program, for any amount of the required number of parking spaces either:

i. Is within a quarter-mile radius from the subject site; or

ii. Includes a permanent and effective means of transporting employees or patrons from the parking parcel(s) to the subject site.

f. Any alternative design involving parking lifts shall demonstrate that the cars and lifts are both obscured from view from neighboring properties and public roadways, and compliant with Section 24.14.260, Noise.

3. Reductions to Number of Required Parking Spaces. Required parking spaces may be reduced up to thirty-five percent (with fractional spaces to be rounded up to the next whole number) by the zoning administrator as part of an administrative use permit. This may be done using one or more of the following strategies, or an approved equivalent, subject to any standards contained herein. Reductions are available for automobile parking only, and these reductions are independent of any bicycle parking required in compliance with Section 24.12.250. The available reduction for each strategy shall be calculated in conformance with the city parking reduction worksheet in effect at the time a complete application is submitted:

a. On-Site Cooperative Parking Facilities. The parking requirements for two or more uses of the same or different types on the same or adjoining parcels may be reduced if it can be demonstrated that the nature of the uses of the facility will result in multipurpose trips being made to the site or trips being made to individual uses at different times of the day or week and/or if their hours of operation do not coincide. At the applicant’s request, the zoning administrator may approve a reduction of greater than thirty-five percent based on current and projected future uses sharing the parking facility.

b. Off-Site Shared Parking Facilities. Off-site parking facilities may be shared by two or more commercial uses if their entrances are located within five hundred feet of the parking facility and provided they:

i. Receive administrative use and design permits so that design criteria are met and conditions of use may be established along with periodic review;

ii. Submit a written document guaranteeing maintenance, hours of operation and specifying that the length of the agreement shall be as long as the use receiving this parking reduction is in operation;

iii. Submit a signage program to notify users at all location(s) of shared parking facilities;

iv. Demonstrate how the shared parking arrangement will fulfill the intent of this part.

v. The use permit upon which the shared parking proposal depends shall terminate upon lapse of the written agreement specified in subsection (3)(b)(ii) unless otherwise modified by the zoning administrator.

c. Nonautomobile Use Programs. A reduction in parking requirements if developments include measures such as staggered work hours, provision of bus passes, provision of van/carpool programs or similar. Said programs shall be implemented as long as the use receiving this parking reduction is in operation.

d. Additional Bike Parking. Reductions in required automobile parking based on voluntary installation of additional bike parking spaces shall be permitted as described in Section 24.12.250(6). This reduction strategy, in and of itself, will not require an administrative use permit.

e. Unbundled Parking. Residential development and the residential portion of mixed-use development may propose that parking be unbundled from the purchase or lease of an individual living unit where there is either an existing residential permit parking program, in conformance with Chapter 10.41, or other control limiting on-street parking on all roadways within a five-hundred-foot minimum walking distance from the pedestrian entrances to the building or site.

f. An analysis by a transportation engineer or other qualified specialist may be required by the decision-making body as a means to substantiate the requested parking reduction.

4. Parking Requirements for Nonconforming Structures or Uses. In the case of structures in any district, which are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category, or otherwise increased in capacity, off-street parking shall be required only for that portion of structures or use constituting the increase in capacity; except that:

a. No additional parking need be provided for nonresidential uses if the increased capacity results in an increase of four or fewer required parking spaces; and

b. No additional parking shall be required for residential uses if the increased capacity results in an increase of no more than one required parking space.

5. Reduction of Parking Requirements for Historic Building Survey Buildings and Landmarks, and on Lots With Contributing Buildings Within an Historic District. The normal parking requirement for (a) use(s) in a building that is listed on the historic building survey, or a landmark, may be modified in order to maintain the value of the listing or designation in accord with Section 24.12.445. Prior to modifying the requirement, the approving body shall find that the modification is necessary in order to allow appropriate findings per Section 24.08.930, findings for historic alteration permit, and that such modification will not significantly adversely affect traffic and parking on adjacent and nearby streets and properties.

(Ord. 2023-06 § 5, 2023; Ord. 2020-21 § 3, 2020; Ord. 2012-19 § 3, 2012; Ord. 2002-02 § 2 (part), 2002: Ord. 2000-20 § 3, 2000: Ord. 90-34 § 1, 1990; Ord. 90-22 § 1, 1990; Ord. 89-38 § 2, 1989; Ord. 88-41 § 7, 1988; Ord. 88-22 § 1, 1988; Ord. 85-46 § 1 (part), 1985).

24.12.295 OFF-STREET LOADING FACILITIES.

1. Purpose. To reduce street congestion and traffic hazards and to add to the safety and convenience of the community, adequate, attractively designed, and functional facilities for off-street loading shall be incorporated as necessary in conjunction with new uses of land.

2. General Provisions. For every building hereafter erected, which is to be occupied by manufacturing, storage, warehouse, commercial, residential, retail and/or wholesale store, market, hotel, hospital, mortuary, motel, laundry, dry cleaning, exercise facility or other similar uses or mixed-use combinations requiring the receipt or distribution by vehicles of material and merchandise, off-street loading areas shall be provided in accordance with the requirements herein.

In the case of mixed uses in the same structure, on the same lot or in the same development, or more than one type of activity involved in the same use, the total requirements for off-street loading spaces shall be the sum of the requirements for the various uses or activities computed separately, including fractional values.

3. Requirements.

a. Required Off-Street Loading Spaces.

Use	Size of Use	Required Off-Street Loading Spaces
Manufacturing, storage, warehouse, retail and/or wholesale store, market, hotel, hospital, mortuary, motel, laundry, dry cleaning, exercise facility, or other similar uses	10,000 – 24,999 square feet of gross floor area	1 Type B
	25,000 – 49,000 square feet of gross floor area	2 Type B
	For each additional 50,000 square feet of gross floor area or fraction thereof	1 Type B
Office	0 – 24,999 square feet of gross floor area	0
	25,000 – 99,999 square feet of gross floor area	1 Type A
	Over 100,000 square feet of gross floor area	2 Type A
Residential	0 – 50 units	0
	51 – 200 units	1 Type A
	Over 200 units	2 Type A

b. Minimum Dimensions for Loading Spaces.

MINIMUM DIMENSIONS FOR LOADING SPACES
Type of Loading Space Required	Minimum Length (feet)	Minimum Width (feet)	Required Vertical Clearance (feet)
Type A	24	8	None
Type B	30	10	14

c. Such space shall not occupy all or any part of any required front or exterior yard area or court space, and shall not be located closer than twenty feet to any lot in an R-District, unless inside a structure or separated from such district by a wall not less than eight feet in height.

d. Sufficient room for maneuvering vehicles shall be provided on site.

e. Each loading berth shall be accessible from a street or alley.

f. The location of entrances and exits will be determined based on the results of a transportation study (if required based on Section 15.15.010) and approved by the city’s public works director. Alternatively, the applicant may allow the public works director to specify entrance and exit locations.

g. The loading area, aisles and access drives shall be paved with a durable, dustless surface, and shall be so graded and drained so as to disperse surface water.

h. Wheel stops and bumper rails shall be provided for safety and to protect property.

i. If the loading area is illuminated, lighting shall be directed away from any abutting residential sites and adjacent streets to reduce light and glare impacts, and shall conform to the standards of Sections 24.12.185(16) and 24.12.280(8) as applicable.

j. No repair work or servicing of vehicles shall be conducted in a loading area.

k. Trucks with trailers or detached trailers shall not be stored on site.

l. Loading areas shall be maintained in good condition and kept free of trash, debris, and display or advertising uses. No changes shall be made in the number of loading spaces designated on the parking plan without approval of zoning administrator.

m. Required off-street loading facilities shall be located on the same site as the use for which the off-street loading spaces are required.

(Ord. 2022-19 § 50, 2022; Ord. 85-46 § 1 (part), 1985).

24.12.296 EFFECTIVE DATE.

Part 3 of this chapter shall apply to applications filed after the effective date of this part.*

(Ord. 85-46 § 1 (part), 1985).

Sample Parking Designs and Standards

* Editor’s Note: Ord. 85-46 became effective June 27, 1985.

(The Design Standards illustrations may be referred to in a printed edition of the Santa Cruz Municipal Code or the Santa Cruz Zoning Code)

Part 4: ADVERTISING DEVICES, SIGNS AND BILLBOARDS

24.12.300 PURPOSE.

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

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

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

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

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

(Ord. 2020-22 § 18, 2020; Ord. 85-05 § 1 (part), 1985).

24.12.310 CLASSIFICATION AND REGULATION.

The zoning administrator shall designate an appropriate classification from the following categories (Sections 24.12.320 through 24.12.342 inclusive) for each sign. This section shall apply to all signs citywide unless superseded by regulations specific to an area plan, overlay district, or similar special regulations. Disputes concerning the proper sign category may be appealed to the planning commission. In calculating the area of signs, only one side of a two-sided sign shall be counted if the parallel planes are not more than twenty inches apart. Time and temperature devices are not included in the sign area, but may not exceed twenty percent of the allowed sign area.

(Ord. 2020-22 § 18, 2020; Ord. 85-05 § 1 (part), 1985).

24.12.312 DEFINITIONS.

a. “A-frame sign/sandwich board” shall mean a portable freestanding sign in the shape of the letter “A” as viewed from the side, typically with two sides facing opposite directions.

b. “Animated sign” shall mean a sign or any device designed to attract attention by visual means through the movement or semblance of movement of the whole or any part of the sign.

c. “Canopy/awning sign” shall mean any sign that is part of a structural protective cover over a door or entrance.

d. “Freestanding sign” shall mean any sign standing on the ground or the support for which stands or rests on the ground. Such signs are usually, but not necessarily, supported from the ground by one or more poles or posts, or similar uprights, with or without braces.

e. “Halo illumination” shall mean a light source that is not visible, where the light fixture is placed on the back side of the letter or sign face, resulting in a glow around the outside of the lettering or sign.

f. “Hanging sign” shall mean a projecting sign which is suspended from an overhang, canopy, marquee, or awning, or from a mounting attached directly to the building wall.

g. “Icon sign” shall mean hanging or projecting signs that depict a physical object, such as a shoe, as opposed to signs that utilize lettering to convey the sign message. Icon signs may or may not include the name of the establishment.

h. “Master sign program” shall refer to a program established to integrate all signs into a site or building design to achieve a unified architectural statement. A master sign program provides a means for flexible application of sign regulations for properties with multiple signs, multi-tenant properties, and other properties with unified development, in order to encourage creativity and provide incentives to achieve, not circumvent, the intent of this division.

i. “Projecting sign” shall mean any sign which uses a building structure as its main source of support and contains copy that is mounted at an angle to the building face. Projecting signs may be mounted vertically or horizontally on the support structure.

j. “Public art” shall mean original works of art in any medium, whether two- or three-dimensional, created for placement in public places or integrated projects where the artwork is a part of the underlying architecture or landscape design and that is not prefabricated or a standard design. Artwork should not use letters, words, numerals, figures, emblems, logos or any part or combinations thereof for the purpose of advertising goods, services, or merchandise. Public art should enhance rather than impair pedestrian use of the area, particularly with respect to pedestrian visibility and circulation.

k. “Roof sign” shall mean any sign erected upon or over the roof or parapet of any building.

l. “Sign” shall mean any structure, device, or design and appurtenant light structures used principally to advertise or attract attention of the public. The term shall not include the United States flag, or any governmental flag, properly displayed in an approved manner, patriotic bunting, historic building plaques, and donor’s memorial plaques.

m. “Sign area” shall mean the area which is framed either physically or visually by the construction, design, or layout of the sign itself, but not including supporting structures.

n. “Sign valuation” shall mean the valuation of a sign shall prima facie be the total cost or contract price of the sign. In the event such a cost or price is not available or does not fairly represent the true value of the sign, the valuation shall be based on a reasonable value estimate established by the building official.

o. “Temporary sign” shall mean sign(s) placed for a time not to exceed thirty consecutive calendar days. These signs are generally used for special events or grand openings, but may include the name of a business. Banners are a type of temporary sign which hang over a public street, walkway, or wall to advertise a special event or business.

p. “Time and temperature device” shall mean any mechanism that displays the time and/or temperature, but does not display any advertising or establishment identification.

q. “Wall sign” shall mean any sign posted or painted on, suspended from, or otherwise affixed to the wall of any building or structure in an essentially flat position, or with the exposed face of the sign in a plane approximately parallel and in close proximity to the plane of such wall.

r. “Wind sign” shall mean a flag, pennant, whirligig, or any device which is designed to wave, flutter, rotate, or display other movement under the influence of wind.

s. “Window sign/graphics” shall mean any building sign, pictures, symbols, or combination thereof, designed to communicate information about an activity, business, commodity, event, sale, or service, that is placed inside a window or upon the window pane or glass and is visible from the exterior of the window.

(Ord. 2020-22 § 18, 2020).

24.12.315 TEMPORARY SIGNS.

1. Temporary signs not exceeding two in number and six square feet in total area for each business are allowed provided they meet the description in Section 24.12.312. Such signs shall be professionally designed and printed.

2. Temporary signs such as hastily hand-painted “Sale” signs printed on paper and plastered in windows are not permitted and shall be subject to the enforcement procedures provided under Title 4.

3. Temporary signs shall be allowed no more than three times per year for each individual business.

(Ord. 2020-22 § 18, 2020).

24.12.317 MASTER SIGN PROGRAM.

A master sign program as described in Section 24.12.312 may be created to allow for a coordinated, long-term sign plan for a multi-tenant building or property, subject to approval of a sign permit per Chapter 24.08, Part 6.

(Ord. 2020-22 § 18, 2020).

24.12.320 FREESTANDING SIGNS.

1. Freestanding Signs Five Feet or Under. Freestanding signs five feet or less in height shall be permitted in all districts subject to the limitations in this chapter. Specific regulations for the CBD district are contained in Section 24.12.352.

a. Area. The area of such signs may be one-half square foot per lineal foot of frontage with a maximum area of thirty-two square feet.

b. Location. Except for projecting signs, every such sign shall be wholly on the owner’s property.

c. Number. There may be no more than one such sign for each frontage. In the case of shopping centers and other multiple occupancies sharing a common frontage, the frontage shall be deemed to be that of the shopping center or commonly used parcel and not the frontages of the individual businesses or occupancies.

2. Freestanding Signs Over Five Feet. Freestanding signs over five feet in height shall be permitted only in accordance with the terms of a sign permit.

a. Area. The maximum area of such signs shall be as indicated on Table 1, Section 24.12.390.

b. Height. No such sign shall exceed thirty feet in height.

c. Location. Subject to obtaining an encroachment permit, such signs may project over public property, or public vehicular or pedestrian easements or ways, a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade of the public property immediately below, as set forth in the following table:

Clearance	Maximum Projection
Less than 8 feet	Not permitted
8 to 14 feet	1 foot plus 6 inches for each foot of clearance in excess of 8 feet
Over 14 feet	4 feet

No sign shall project within two feet of the curbline. No sign or sign structure shall project into any public alley whatsoever, below a height of fourteen feet above grade, nor more than six inches when over fourteen feet.

d. Number. Subject to the provisions of Section 24.12.334, there may be one such sign for each street frontage. In the case of shopping centers and other multiple occupancies having a common frontage, the frontage shall be deemed to be that of the shopping center or commonly used parcel and not the frontage of the individual businesses or occupancies.

e. Distance Apart. Where two or more signs are permitted because of multiple frontages (two or more street frontages), such signs shall be at least thirty feet apart.

3. Sandwich Board and Movable Freestanding Signs. Sandwich board and movable freestanding signs shall be prohibited.

(Ord. 2020-22 § 18, 2020; Ord. 85-05 § 1 (part), 1985).

24.12.322 WALL SIGNS.

1. Except as otherwise provided in this chapter, every wall sign shall comply with the requirements of subsections (2) through (5) below, inclusive.

2. Area. The maximum wall sign area for each building face shall be as indicated on Table 2, Section 24.12.390.

a. The wall area of single-story buildings will be determined by multiplying the wall length by sixteen feet, or by using the actual wall area, whichever is greater.

b. The external walls of buildings containing multiple businesses or tenants may be utilized for signs by all occupants of such buildings, regardless of whether said business or tenant is located adjacent to such wall; provided, however, that the aggregate area of such signs on any wall shall not exceed the maximum allowable area permitted for each such wall.

3. Height. No part of any such sign shall extend above the top level of the wall upon or in front of which it is situated. Any such sign which is suspended or projects over any public walkway or walk area shall have an overhead clearance of at least eight feet.

4. Depth of Projection. No such sign, including any light box or other structural part, shall project more than twelve inches from the building face.

5. Number. The number of wall signs permitted on each building face shall be no greater than the number of tenants in said building, and in no case shall the total wall sign area for each face exceed that shown on Table 2, Section 24.12.390. No building shall be deemed to have more than four building faces.

(Ord. 85-05 § 1 (part), 1985).

24.12.324 WINDOW SIGNS.

A permanent sign, or combination of permanent signs painted on, or attached to, windows shall not exceed twenty-five percent of the window area and shall be considered part of the allowable wall sign area.

(Ord. 85-05 § 1 (part), 1985).

24.12.326 PROJECTING SIGNS.

Every projecting sign shall comply with the requirements of subsections 1, and 2, below.

1. Projecting Signs in Nonresidential Zones.

a. Area. The permitted area of such signs shall be as set forth in the following table:

Building Frontage (Lineal Feet)	Maximum Area (Square Feet)
25 feet or less	25
25 feet to 64 feet	25, plus 1 square foot for each foot of frontage in excess of 25 feet
More than 64 feet	64

b. Height. No such sign shall extend above the top level of the wall upon or in front of which it is situated, or, in the case of buildings having sloping roofs, above the roof ridge. Any such sign which projects over public property shall have a clearance of eight feet above the ground, and a fourteen-foot clearance above vehicle way. On multistory buildings, no such sign shall exceed the height of the building roof or parapet line.

c. Location. Subject to obtaining an encroachment permit, such signs may project over public property, public vehicular or pedestrian easements or ways, a distance determined by the clearance of the bottoms thereof above the level of the sidewalk or grade immediately below, as set forth in the following table.

Clearance	Maximum Projection
Less than 8 feet	Not permitted
8 to 14 feet	1 foot plus 6 inches for each foot of clearance in excess of 8 feet
Over 14 feet	4 feet

d. Projection. No sign shall project within two feet of the curbline. No sign or sign structure shall project into any public alley whatsoever, below a height of fourteen feet above grade, nor more than six inches when over fourteen feet. No sign, except a sign projecting not more than one foot, shall project a distance greater than one-fourth of its height.

e. Number. Subject to the provisions of Section 24.12.334, there may be one such sign for each street frontage.

2. Projecting Signs in Residential Zones.

a. Area. No such sign shall exceed five square feet in area.

b. Height. No part of any projecting sign shall exceed a height of twelve feet, nor shall any part of such sign extend above the top level of the wall upon, or in front of, which it is situated. Any such sign over any public or private sidewalk or walkway shall have a minimum clearance above the same of eight feet.

c. Number. Subject to the provisions of Section 24.12.334 below, there may be no more than one projecting sign for each place of business for each building face.

(Ord. 85-05 § 1 (part), 1985).

24.12.328 ROOF SIGNS.

Roof signs are prohibited.

(Ord. 85-05 § 1 (part), 1985).

24.12.330 FLAGS, BANNERS, WIND SIGNS.

1. Wind Signs. Wind signs are prohibited.

2. House Flags or Banners. Each separate business may display, only in conjunction with the display of the United States Flag, or in conjunction with the display of the United States Flag and governmental flags, one house flag or banner containing only the name, symbol, or logotype of the business; provided, however, that the United States Flag and any other governmental flag shall be displayed in an appropriate manner, and that the house flag or banner is displayed in a similar manner, and is not larger in size than the United States Flag.

(Ord. 85-05 § 1 (part), 1985).

24.12.332 CANOPY SIGNS.

Signs painted on or affixed to canopies which are a part of a building shall be considered part of the total allowable area of wall signs for the wall from which the canopy projects. Signs painted on or affixed to canopies which are freestanding shall be considered part of the total allowable area of freestanding signs for that use. Signs suspended under canopies (marquees) which project over public rights-of-way shall be limited to three square feet. No sign placed on the fascia or roof of the canopy shall be more than one foot in height, or project more than two feet above the canopy.

(Ord. 85-05 § 1 (part), 1985).

24.12.334 COMBINATION OF SIGN TYPES.

There may be permitted for each place of business or occupancy, a combination of not more than two types of signs; freestanding, wall, or projecting.

(Ord. 85-05 § 1 (part), 1985).

24.12.336 CHURCH AND QUASI-PUBLIC ORGANIZATION SIGNS IN RESIDENTIAL ZONES.

In all residential districts, churches and quasi-public organizations may erect signs on the premises identifying the premises or announcing activities thereon.

(Ord. 85-05 § 1 (part), 1985).

24.12.338 SIGNS ON BENCHES.

Signs on benches maintained pursuant to a valid encroachment permit issued in accordance with Chapter 15.34 shall not be governed by the provisions hereof. Signs or advertising matter now existing on benches which do not require a permit issued in accordance with Chapter 15.34 because the benches are not on public property, but which benches are placed to serve persons awaiting transportation and are located in close proximity to public property, shall be removed from said benches prior to October 13, 1971.

(Ord. 85-05 § 1 (part), 1985).

24.12.340 SIGNS ON FREEWAYS.

Notwithstanding anything elsewhere contained in this part, no commercial sign shall be erected on any property so as to be visible from a freeway if such sign is designed to have or has advertising thereon maintained primarily to be viewed from the freeway.

1. Signs on Freeways – Exceptions. The provisions of Section 24.12.336 shall not apply to a single sign on an entire premises; provided, that said sign is used exclusively for noncommercial messages or to designate the name of the owner or occupant of the premises upon which the sign is situated, or to identify such premises. The total area of such sign shall be determined by using the standards set forth in this part, but shall not exceed fifty square feet.

(Ord. 85-05 § 1 (part), 1985).

24.12.342 OFF-SITE COMMERCIAL ADVERTISING AND BILLBOARDS.

1. Signs for Business Purposes Generally. Except as provided elsewhere in this part, commercial signs shall be erected or used for business purposes of any kind only on the site of the business or enterprise, and used solely for naming, designating or identifying said business or enterprise, product or services available on or within the premises.

2. Off-Site Signs in the Central Business District (CBD) Zone. Painted wall signs may be considered for a limited number of Pacific Avenue corner buildings to provide direction to side street businesses located on east-west streets. A sign permit is required to include a master sign program developed by the property owner and shall include the following items: demonstration that the building wall can accommodate the number of potential business names, specific location, design of the lettering style, size and color of the business names; and a mechanism and timing for change of business names and sign removal.

(Ord. 2016-04 § 8, 2016; Ord. 90-23 § 1, 1990: Ord. 85-05 § 1 (part), 1985).

24.12.344 PROHIBITED LOCATIONS.

1. Prohibited Locations Generally. All signs shall comply with the following location requirements:

a. Residential Districts. No sign shall be erected in any residential district except as provided in Section 24.12.326(2), Section 24.12.336 and Section 24.12.350(1), (4), and (5) through (7) or in conjunction with an approved use permit for commercial uses in residential districts.

b. Public Places. Except as authorized by an encroachment permit or as authorized elsewhere in this code, no sign shall be erected upon or over any public street, sidewalk, parking lot or other public way or place.

c. Fire Escapes, Etc. No sign shall be erected in such a manner that any portion of the sign or its support is attached to or will interfere with the free use of any fire escape, exit or standpipe, or obstruct any required stairway, door, ventilator or window.

d. Traffic. No sign shall be erected in such a manner that it will or may reasonably be expected to interfere with, obstruct, confuse or mislead traffic.

e. Intersections. No freestanding or projecting sign shall be erected at the intersection of any street improved for vehicular traffic, within the clear corner triangle or clear vision areas as defined in Sections 24.22.202 and 24.22.206 of this title; unless the same, in compliance with the provisions of this part, is less than two feet or more than eight feet above curb grade, and no part of its means of support has a single or combined horizontal cross-section exceeding eight inches.

f. Setback Area. No sign erected in a residential zone shall be located in any front or exterior side yard, except special purpose signs placed in accordance with Section 24.12.350, subsections (1) through (7), inclusive.

g. Fence. No sign shall be placed, in any manner, or maintained on any fence.

h. R-T Districts. All signs over sixty square feet in area shall be prohibited in any R-T District. Freestanding signs shall be prohibited in the portions of Subdistricts B and C which are adjacent to and/or within two hundred feet of Subdistrict A.

(Ord. 85-05 § 1 (part), 1985).

24.12.350 SPECIAL PURPOSE SIGN REGULATIONS.

1. Construction Project Signs.

a. Signs may be erected in conjunction with construction projects on site and used for the purpose of publicizing the future occupants of the building, or the architects, engineers and construction organizations participating in the project.

b. In all districts, no such sign shall exceed twelve square feet in area, and no freestanding sign shall exceed five feet in height.

c. All such signs shall be removed before a final release on the construction is given by the building official.

2. On-Site Directional Signs.

a. Directional signs may be erected for the purpose of facilitating or controlling the efficient or safe movement of pedestrians or vehicles on or onto private property and shall be located on the property to which they pertain.

b. Such signs shall not be used for advertising purposes.

c. Such signs shall not exceed an area of six square feet nor a height of five feet, and shall be located at least twenty feet from the nearest property line. A directional sign within twenty feet of a property line may be approved through express written permission by the director of planning or public works.

3. Off-Site Directional Signs. Off-site directional signs designating community service facilities (e.g., hospital, fire stations, municipal wharf, etc.) shall be permitted subject to the issuance of an administrative use permit for each such sign or series of signs.

4. Open House Signs. Open house signs, advertising real estate open for inspection for prospective sale, may be placed off the site of the open house only on private property in all districts, with the consent of the owner, lessee or occupant of the property on which the sign is to be placed. Such signs shall contain only the words “Open House” and a directional arrow, and may also contain the address of the open house. Such signs shall not exceed four square feet in area, nor three in number for any one sale.

5. Noncommercial Signs. Noncommercial signs containing political, civic, public service, religious or other noncommercial messages may be erected in conformity with this part in all districts. Such signs may be located on or off site.

6. Nameplate. One nameplate or marker shall be allowed for each dwelling unit, to indicate the occupant’s name; and shall not exceed one square foot in area, nor shall it contain an occupation designation.

7. Subdivision Signs.

a. Signs offering real estate or homes for sale in an approved subdivision may be erected under the following conditions:

(1) Not more than two such signs shall be allowed per subdivision.

(2) Such signs shall be located on the subdivision being advertised.

(3) No such sign shall be erected on or situated within one hundred feet of any occupied residential property.

(4) No such sign shall exceed forty square feet in area.

(5) No such sign shall be illuminated.

(6) Such signs shall be removed when all lots and houses in the subdivision have been sold.

b. The application for a permit for any such sign shall be accompanied, in addition to the permit fee, by a deposit of fifty dollars for each sign to guarantee proper maintenance and ultimate removal thereof.

(1) The permit for any such sign shall be issued for a period not to exceed twelve months. At the end of such period, additional extensions of six months each may be granted by the building official for good cause.

(2) Upon expiration of the permit or any extension thereof, the sign shall be removed by the applicant. Following the removal of the sign, and upon request, the deposit shall be refunded to the applicant.

(3) If for any reason the applicant fails to remove the sign, the city may cause it to be removed and shall apply the cost of such removal against the deposit, and return the remainder to the applicant.

(Ord. 2020-22 § 18, 2020; Ord. 85-05 § 1 (part), 1985).

24.12.351 PUBLIC ART EXCEPTION.

The zoning administrator shall determine whether a proposal contains the characteristics of a sign, i.e., whether its principal function is to serve as an advertisement or notice of a business entity location. If the zoning administrator determines that the proposal is a sign, it shall be subject to the requirements of this part and may be subject to building and construction codes or other requirements of the municipal code.

(Ord. 2020-22 § 18, 2020).

24.12.352 SIGN REGULATIONS FOR CENTRAL BUSINESS DISTRICT (CBD) ZONE.

1. Purpose. The sign regulations have been created in order to: ensure the visibility of Central Business District (CBD) zoned businesses; to maintain safe and accessible public pedestrian areas; to ensure that signs are integrated with and harmonious to the buildings and sites which they occupy; to eliminate excessive and confusing sign displays; to preserve and improve the appearance of the CBD zone as a place in which to live and to work as an attraction to nonresidents; and to restrict signs which increase the probability of accidents by distracting attention or obstructing vision.

2. Permitting Requirements. Signs within the CBD zone are subject to the sign permit requirements of Chapter 24.08, Part 6, except as modified by this chapter.

a. Projecting signs and hanging signs that conform to all provisions provided under subsection (5)(b) shall be permitted and do not require a sign permit.

b. Exceptions and variations to the requirements may be considered by the zoning administrator without a public hearing, subject to the exception procedure set forth in Section 24.08.580; sign permit findings set forth in Section 24.08.530; and the following criteria:

The alternate sign design is necessary to achieve visibility due to: 1) the location of existing, permitted sign, awnings/canopies, or other architectural features on surrounding structures, 2) the location of existing vegetation, required landscaping, or other natural elements worthy of preservation, or 3) the physical location of the building.

3. Prohibited Signs. Signs prohibited within the CBD zone are subject to the regulations in Part 4 of Chapter 24.12. Additional types of signs prohibited include:

a. Sandwich board/A-frame signs.

b. Temporary signs that are displayed for longer than thirty days and/or that are prohibited under subsection (5)(f).

4. Definitions. The definitions listed in Section 24.12.312 apply to the CBD District sign regulations.

5. General Guidelines. The following statements are general rules for signs which apply to all parcels within the Central Business District zone.

General	•	Wall signs with large areas of dark colors, and which read as billboards because of size and corporate message, are out of place in the Central Business District zone.
Location	•	Shall not cover windows, roof shapes, or dominate trim.
Number	•	A maximum of 2 different types of the following signs per business: • wall sign • projecting sign • hanging sign • awning sign
Lighting	•	Internally illuminated signs shall be limited to illuminated lettering with an opaque background, neon signs, or halo illumination.
Lighting	•	Exterior Lighting for Signs. All signs should have the capacity of being lit for evening visibility.
Materials and Methods of Construction	•	Any materials or methods of construction are acceptable; however, signs shall be legible and shall be constructed of durable, high quality materials.
Exceptions	•	A Master Sign Program may be created to allow for a coordinated long-term sign plan for a multi-tenant building.
Maintenance	•	All signs, together with all supports, braces, guys and anchors, shall be free from excessive deterioration, rot, rust and loosening, and shall be maintained in safe condition as determined by the building official or community development director. The display surface of all signs shall be kept neat and clean at all times.

6. Development and Design Standards.

a. Wall Signs.

Area	•	The total area of all signs on a building shall be limited to a size equal to 1 square foot of sign per linear foot of frontage of building face, with a minimum allowance of 25 square feet regardless of front footage.
	•	Multiple Tenants. If the ground floor is occupied by more than 1 tenant, each tenant is entitled to a pro-rata share footage based on frontage used by that tenant. Each tenant is entitled to minimum allowance of 25 square feet regardless of frontage.
	•	If a continuous, solid band sign is used, only the area encompassed by the lettering shall be counted toward the total sign area.
Location	•	Either on or above a tenant space fronting a public street, alley or public parking lot.
Location	•	Shall not cover windows, roof shapes, or other distinguishing architectural features.
Height	•	No part of any sign shall extend above the top level of the wall upon or in front of which it is situated.
Projection	•	Not to exceed 12 inches from building face.
Number	•	One, with the exception of corner buildings, which may have one sign per building face fronting a street.
Number	•	Window signs are not included in the maximum number

b. Projecting Signs and Hanging Signs.

Area	•	A maximum of 6 square feet in area for projecting signs on Pacific Avenue and 8 square feet in area on all other streets, as measured on one side of a two-sided sign.	Projecting Sign Hanging Sign
Area	•	A maximum of 6 square feet in area for hanging signs as measured on one side of a two-sided sign.
Location	•	Determined by visibility.
Location	•	Shall be located directly above or to the side of an entrance of a tenant space.
Number	•	A maximum of one projecting sign or one hanging sign per frontage face.
Height	•	A minimum clearance of 8 feet.
Projection	•	For signs with an 8-14 foot clearance, signs may project 2 feet and may project 6 additional inches for each foot of clearance in excess of 8 feet.
Projection	•	Not to exceed 4 feet.
Lettering	•	Usage of establishment’s name on the sign is preferred
Lettering	•	An icon which has only the symbol or image of the store should suggest as nearly as possible those services which are offered, or products which are sold, inside the establishment.

c. Window Graphics.

Area	•	Not to exceed more than 25% of the area of any one window.
Location	•	Shall not obscure pedestrian’s visibility into shop.
Location	•	Shall be integrated into store window displays.
Colors	•	Complementary and suitably contrasting accent colors shall be used.
Methods of Application	•	Hand painted directly onto glass.
	•	Vinyl letters applied to glass.
	•	Clear acrylic panel hung or posted behind glass.

d. Street Address Numbers. Where consistent with the requirements of the city of Santa Cruz fire department, bold number graphics can be used to highlight a store’s address and location. This is especially effective when there is more than one shop per building.

e. Canopy/Awning Signs. Signs painted on or affixed to canopies or awnings which are a part of a building shall be counted toward the total allowable area of wall signs. Signs suspended under canopies shall meet the requirements for a hanging sign provided under subsection (6)(b).

f. Temporary Signs.

(1) Temporary signs, such as hastily, hand-painted “Sale” signs printed on paper and plastered in windows, are not permitted and shall be subject to the enforcement procedures provided under Title 4 of the City of Santa Cruz Municipal Code.

(2) Temporary signs not exceeding two in number and six square feet in total area for each business are allowed.

g. Public Art Exception. The zoning administrator shall determine whether a proposal contains the characteristics of a sign, i.e., whether its principal function is to serve as an advertisement. If the zoning administrator determines that the proposal is a sign, it shall be subject to the requirements of this part and may be subject to building and construction codes or other requirements of the municipal code.

(Ord. 2020-22 § 18, 2020; Ord. 2016-11 § 41, 2016; Ord. 2016-04 § 9, 2016).

24.12.360 PERFORMANCE REGULATIONS – LIGHTING, MOVEMENT, SOUND.

1. Lighting.

a. Lighting of Signs. Where a sign is externally illuminated the light source must be shielded such that it is not visible from the front of the sign or lighting fixture, or from beyond the property line. Illuminated signs are prohibited in residential zone districts. Intermittent or flashing lighting shall be prohibited. Illuminated surfaces with an integral light source, such as electroluminescent paneling, may be used if their illumination intensity does not interfere with surrounding land uses. Lighted signs in the Beach Recreational Area and time and temperature devices in any district are not subject to these restrictions.

b. Searchlights. Portable shielded arc-type searchlights shall be permitted as temporary signs, in commercial and industrial districts only, provided that the beam of the searchlight shall not be projected at less than a forty-five degree angle measured from a horizontal plane, and shall not project upon or reflect upon property or buildings other than the property or buildings of permittee.

2. Movement and Sound.

a. Animated Signs. Movement or semblance of movement of signs shall be limited to three cycles per minute, except that in the Beach Recreational Area, there shall be no limit.

b. Sound. No sign shall be designated for the purpose of emitting sound. See also Section 24.12.328 above (roof signs) and Section 24.12.330 above (flags, etc., regulations).

(Ord. 85-05 § 1 (part), 1985).

24.12.370 CONSTRUCTION AND MAINTENANCE.

The appropriate sections of the Building Code shall apply to the construction of signs.

(Ord. 85-05 § 1 (part), 1985).

24.12.380 NONCONFORMING SIGNS.

1. Nonconforming Signs, Amortization. There are hereby declared to be the following time periods beginning with October 13, 1966 within which all signs within the city shall be altered, removed, or otherwise made to comply with the provisions of this part.

a. Temporary, sandwich board, movable freestanding, tire stacks, and wind signs: sixty days.

b. Signs painted on buildings, walls, or fences: two years.

c. Signs of less than $100.00 in valuation: two years.

d. All off-site advertising signs together with all other signs: seven years.

2. Exceptions. Except that the following time periods shall apply to signs legally erected pursuant to a valid sign permit issued within two years immediately preceding the effective date of this part.

a. Signs painted on buildings, walls, or fences: three years from permit date.

b. Signs of less than $100.00 in valuation: three years from permit date.

c. All other signs: ten years from permit date.

3. Signs Hereafter Rendered Nonconforming.

a. Any sign which becomes nonconforming subsequent to the effective date of this part either by reason of the annexation to the city of the territory upon which the sign is located, or the amendment of this part to render such sign noncomplying or otherwise, shall also be subject to the provisions hereof.

b. The period within which such sign must be abated as provided above, shall commence to run upon the effective date of such annexation or of such amendment, or the date upon which the sign otherwise becomes nonconforming.

4. Abatement. Nonconforming signs shall either be made to conform with the provisions of this part, or abated within the applicable period of time as provided in this part. In the event they are not, the building official shall order the same abated by the owner of the property and any other person known to be responsible for the maintenance of the sign. It shall thereafter be unlawful for any such person to maintain or suffer to be maintained any such sign on any property owned or controlled by him.

5. Manner of Abatement. Unless some other mode of abatement is approved by the building official, in writing, abatement of nonconforming signs shall be accomplished in the following manner.

a. Signs painted on buildings, walls or fences: by removal of the paint constituting the sign or by permanently painting over it in a way that the sign shall not thereafter be or become visible.

b. Other signs: by removal of the sign, including its dependent structures and supports; or pursuant to a sign permit duly issued by modification, alteration, or replacement thereof, in conformity with the provisions of this part.

6. Modification of Nonconforming Signs. No nonconforming sign shall be in any manner altered, reconstructed or moved without being made to comply in all respects with the provisions of this chapter; provided, however, that nothing herein shall prohibit the normal maintenance or repair of any nonconforming sign nor the painting or repainting of the face thereof.

(Ord. 85-05 § 1 (part), 1985).

24.12.390 SIGN AREA TABLES.*

* Editor’s Note: The previous edition of this code did not contain Section 24.12.390, although the section was referred to in other sections of the code. This section was added into the code by the publisher at the time of the 1995 republication.

A. Table 1 – FREESTANDING SIGNS OVER FIVE FEET HIGH

Where total area of parcel of property involved exceeds 100,000 square feet, but has a frontage over 100 and less than 200 feet, sign area may be the same as where frontage is 200 feet.

B. Table 2 – WALL SIGNS (other than residential districts)

Where wall area exceeds 5,000 square feet, sign area may be increased by 10 square feet for each additional 50 square feet of wall area; but no sign shall exceed 300 square feet.

Part 5: HISTORIC PRESERVATION

24.12.400 PURPOSE.

It is hereby found that the protection, enhancement, perpetuation and use of structures, districts, lands, and neighborhoods of historic, archaeological, architectural, and engineering significance, located within the city of Santa Cruz, are of cultural and aesthetic benefit to the community. It is further found that respecting the heritage of the city will enhance the economic, cultural and aesthetic standing of this city. The purpose of provisions in this title related to historic preservation is to:

1. Designate, preserve, protect, enhance, and perpetuate those historic structures, districts, and neighborhoods contributing to cultural and aesthetic benefit of Santa Cruz;

2. Foster civic pride in the beauty and accomplishments of the past;

3. Stabilize and improve the economic value of certain historic structures, districts, and neighborhoods;

4. Protect and enhance the city’s cultural, archaeological and aesthetic heritage;

5. Promote and encourage continued private ownership and use of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be obtained under such policy;

6. Serve as part of the Local Coastal Implementation Plan for the Coastal Program.

(Ord. 2003-14 § 1 (part), 2003: Ord. 94-33 § 60, 1994: Ord. 85-05 § 1 (part), 1985).

24.12.410 HISTORIC PRESERVATION PROCEDURES AUTHORIZED BY THIS TITLE.

The following procedures related to historic preservation are authorized by this title:

1. Historic District Designation (Part 2, Chapter 24.06).

2. Historic Landmark Designation (Section 24.12.420).

3. Archaeological Procedures (Section 24.12.430).

4. Procedure for Amending Historic Building Survey (Section 24.12.440).

5. Procedure; New Construction in Historic Districts (Section 24.12.450).

6. Historic Alteration Permit (Part 10, Chapter 24.08).

7. Historic Demolition Permit (Part 11, Chapter 24.08).

8. Historic Overlay District (Part 22, Chapter 24.10).

(Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.420 HISTORIC LANDMARK DESIGNATION/DELETION.

1. Purpose. The purpose of this procedure is to provide for the designation/deletion of an individual structure or other feature, or group of structures on a single lot or site, or a site having special aesthetic, cultural, architectural, or engineering interest or value of an historical nature as a “landmark.”

2. Procedure.

a. Designation/deletion of landmarks may be proposed by the city council, historic preservation commission, the secretary to the historic preservation commission (planning director), or on application of the owners, or their authorized agents, of the property for which designation is requested.

b. Each proposal shall be considered by the historic preservation commission at a public hearing, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04. The Commission shall encourage public participation in the hearing and the presentation of testimony about the property under consideration. The staff may prepare a summary of information about the property prior to the hearing. When recommending the approval of a designation or a deletion, the Commission shall prepare a report setting forth the factual basis for the required findings.

c. After receiving a recommendation from the historic preservation commission, the city council shall hold a public hearing at the earliest possible date of a regular meeting, allowing time for public notice.

3. Findings Required. Prior to the historic preservation commission recommending approval of landmark designation or deletion to the city council and prior to the city council approving the application, each shall find as appropriate:

a. That the proposed landmark, or group of structures, or features thereof has or no longer has significant aesthetic, cultural, architectural, or engineering interest or value of an historical nature.

b. That approval or modified approval of the application to designate or delete a landmark is consistent with the purposes and criteria of the city’s historic preservation policies set forth in Section 24.12.400 herein, and the Cultural Resources Element of the General Plan.

(Ord. 2003-14 § 1 (part), 2003: Ord. 94-33 § 61, 1994: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES.

1. Policy and Purpose. Existing in Santa Cruz are certain deposits and sites of cultural significance believed to have been left by Native Americans and other early inhabitants. These deposits and sites are unique and irreplaceable phenomena of significance in the history of the city and the understanding of the cultural heritage of our land and of all humankind. Such sites have a deep, spiritual significance to Native Americans, especially the native peoples of the state of California, and constitute a precious archaeological and historical heritage which is fast disappearing as a result of public and private land development. Uncontrolled excavation or modification of these resources would destroy their cultural integrity. This loss would affect future generations and must be prevented in the public interest. Such cultural resources should be preserved in an undisturbed state wherever possible for future generations who should be more skilled and have access to better methods of study. In order to promote the public welfare, it is necessary to provide regulations for the protection, enhancement, and perpetuation of such sites. This section, therefore, is intended to provide a procedure for preserving the valuable cultural resources in the city of Santa Cruz. It should be noted that California Public Resources Code Section 5097.9 and Health and Safety Code Section 7050.5 protect archaeological and paleontological resources and supersede any local regulations.

2. Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits.

3. An archaeological reconnaissance shall include archival research, site surveys and necessary supplemental testing as may be required and shall be conducted by a qualified archaeologist. The significance of identified resources shall be ascertained in accordance with CEQA definitions. If significant impacts are identified, impacts and mitigation measures outlined could include but are not limited to avoidance, project redesign, deposit capping, resource recovery options and/or on-site monitoring by an archaeologist during excavation activities. A written report describing the archaeological findings of the research or survey shall be provided to the city and development applications shall demonstrate compliance with any recommended mitigations identified in the required report.

4. Exemptions for minor development are allowed within “sensitive” areas only. “Minor development” is defined for this purpose as development that involves spot excavation to a depth of twelve inches or less below existing grade or uses that have virtually no potential of resulting in significant impacts to archaeological deposits. Exempt projects may include: building additions, outdoor decks, or excavation in soil that can be documented as previously disturbed.

5. Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development. Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource, shall:

a. Immediately cease all further excavation, disturbance, and work on the project site;

b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking;

c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;

d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

6. Coroner’s Action on Discovery of Remains. If human remains are discovered, the sheriff-coroner or his/her representative shall promptly inspect the remains to determine the age and ethnic character of the remains and shall promptly, after making such determinations, notify the planning director. If the remains are found to be Native American in origin, the sheriff-coroner shall notify the Native American Heritage Commission. The Native American Heritage Commission will identify the Native American most likely descendant who will provide recommendations for the proper treatment of the remains and associated artifacts per California State Resources Code Section 5079.9.

7. Planning Director’s Action on Discovery of Artifacts. If any artifacts are discovered, the planning director shall cause an on-site inspection of the property to be made. The purpose of the inspection shall be to determine whether the discovery is of an archaeological resource or cultural resource. In making a determination, the planning director may also consult with Native American groups, qualified archaeologists, or others with the necessary expertise.

8. Discovery Not an Archaeological/Cultural Resource. Upon determining that the discovery is not of an archaeological/cultural resource, the planning director shall notify the property owner of such determination and shall authorize the resumption of work.

9. Discovery an Archaeological/Cultural Resource. Upon determining that the discovery is of an archaeological/cultural resource, the planning director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other measures have been approved by the director for the protection of the site.

10. Mitigation Plan. The property owner or his/her agent shall prepare any required mitigation plan. The mitigation plan shall include conditions necessary or appropriate for the protection of the resource including, but not limited to, conditions on the resumption of work, redesign of the project, or other conditions deemed appropriate by the planning director. The director shall review the mitigation plan and may consult with Native Americans, archaeologists, or other interested persons to ensure proper protection of the resource. When the director is satisfied that the mitigation plan is adequate and that the development plan has been altered sufficiently to demonstrate compliance with all recommended mitigations of the mitigation plan, the director shall authorize the resumption of work in conformance with the mitigation plan.

11. Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/cultural resource and the decision whether the mitigation plan is adequate to protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public hearings.

(Ord. 2022-19 § 51, 2022; Ord. 2013-09 § 1, 2013: Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.431 PROTECTION OF PALEONTOLOGICAL RESOURCES.

1. The city shall notify applicants with development projects within sensitive paleontological areas of the potential for encountering such resources during construction and condition approvals that work will be halted and resources examined in the event of encountering paleontological resources during construction. If the find is significant, the city will require the treatment of the find in accordance with the recommendations of the evaluating paleontologist. Treatment may include, but is not limited to, specimen recovery and curation or thorough documentation.

(Ord. 2013-09 § 2, 2013).

24.12.440 SANTA CRUZ HISTORIC BUILDING SURVEY.

1. Background – Availability. The Santa Cruz Historic Building Survey, Volume I – prepared for the city of Santa Cruz by Charles Hall Page and Associates Inc., and published in 1976, and Volume II – prepared by John Chase, Daryl Allen and Jeanne Gordon, and published is 1989, is hereby adopted, as amended, as the Santa Cruz Historic Building Survey, and is incorporated herein by reference. Three copies of said building survey are, and shall be, maintained on file in the office of the city clerk, city of Santa Cruz, for the use of, and examination by, the public. See Chapter 24.08 for permits and requirements relating to Historic Building Survey buildings.

2. Procedure for Amending Historic Building Survey.

a. The city council may amend the Historic Building Survey by resolution by adding buildings or property to the survey or deleting buildings or property from the survey. This shall be done following a recommendation by the historic preservation commission. The historic preservation commission shall report to the city council on changes to buildings or property listed on the survey, and the commission shall recommend initiation of a new survey when there is a need to update the Historic Building Survey.

b. A public hearing shall be held by both the city historic preservation commission and the city council, allowing time for notice to the owner or owners of the property and to the public pursuant to the provisions of Chapter 24.04.

c. Actions by both bodies shall be based on the following criteria:

• The property is either a building, site, or object that is:

1. Recognized as a significant example of the cultural, natural, archaeological, or built heritage of the city, state, or nation; and/or

2. Associated with a significant local, state, or national event; and/or

3. Associated with a person or persons who significantly contributed to the development of the city, state, or nation; and/or

4. Associated with an architect, designer, or builder whose work has influenced the development of the city, state, or nation; and/or

5. Recognized as possessing special aesthetic merit or value as a building with quality of architecture and that retains sufficient features showing its architectural significance; and/or

6. Recognized as possessing distinctive stylistic characteristics or workmanship significant for the study of a period, method of construction, or use of native materials; and/or

7. Retains sufficient integrity to accurately convey its significance.

• The district is:

8. Recognized as a geographically definable area possessing a significant concentration of buildings that are well designed and other structures, sites, and objects which are united by past events or by a plan or physical development; or is

9. Recognized as an established and geographically definable neighborhood united by culture, architectural styles or physical development.

d. Upon the initiation of an amendment to the Historic Building Survey to add a building or buildings, no zoning or building or demolition permit shall be issued for a period of sixty days or until final action by the city council, whichever occurs first. An exception may be made where public health and safety require it. A public hearing shall be held upon any initiation of an amendment to the Historic Building Survey.

(Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.445 VARIATIONS TO REGULATIONS FOR BUILDINGS AND SITES ON CITY HISTORIC BUILDING SURVEY AND CONTRIBUTING BUILDINGS WITHIN CITY HISTORIC DISTRICTS.

Purpose: The purpose of these variations is to create incentives to help preserve, maintain and rehabilitate existing historic properties. Another purpose is to ensure that new construction and alterations are allowed in a manner which retains the integrity of the city’s historic landmarks, buildings, sites, objects, and contributing buildings within districts.

1. Procedure. To obtain approval of any variation, an historic alteration permit is required and shall be approved in accordance with Sections 24.08.900 through 24.08.940, and shall also meet all of the relevant additional findings listed in Section 24.12.450. For use variations, an administrative use permit shall be approved by the zoning administrator in accordance with Sections 24.08.010 through 24.08.050 and must also meet all of the relevant additional findings listed in Section 24.12.450. For development within the Coastal Zone, a coastal permit may also be required in conformance with Section 24.08.200 et seq., and the findings and standards specified in the historic alteration permit shall also serve as coastal permit requirements, in addition to all other applicable LCP provisions. In the event of a conflict between the historic alteration permit requirements and the LCP’s coastal resource protection requirements (including related coastal hazards, sensitive habitat, agriculture, public recreational access, and open space), the coastal permit/LCP’s coastal resource protection requirements shall govern.

a. Variations to Development Standards. District regulations for height, stories, parking, setbacks, projections into required yards, open space, lot coverage, rear yard coverage, floor area limitations, fence heights, slope regulations and yards may be modified to the extent that it promotes the preservation, maintenance and rehabilitation of an historic structure or site.

b. Variations to Uses. The following additional uses may be allowed on lots with listed historic buildings and on lots with contributing buildings within an historic district. This provision encourages the adaptive reuse of designated historic resources by permitting an additional use within some areas otherwise zoned primarily for residential, commercial or industrial uses.

1. Multifamily uses in single-family residential zone district, subject to RL zoning density, lot size and lot width standards.

2. Business and professional office uses (not including medical offices) in residential zone districts on up to two parcels where the majority of the parcel is within one hundred feet of commercially zoned property except for CN-zoned properties.

3. Expansion of single-family homes in RM and RT zone districts.

4. Expansion of nonconforming structures and uses.

5. Residential uses may be allowed on the ground floor in commercial zones, except in the Downtown Plan area and in the Mission Street Design Plan area.

(Ord. 2024-11 § 1, 2024; Ord. 2020-19 § 2, 2020; Ord. 2012-19 § 2 (part), 2012: Ord. 2003-14 § 1 (part), 2003: Ord. 91-16 § 1, 1991).

24.12.450 FINDINGS REQUIRED FOR APPROVAL OF HISTORIC VARIATIONS.

In addition to historic alteration permit and administrative use permit findings, and coastal permit findings for projects within the Coastal Zone, the following findings are also required:

1. For All Variations: That the project involves rehabilitation and maintenance of historic structure(s) on the site to promote their long-term preservation.

2. For Lot Coverage and Floor Area Limitation Variations on Substandard Lots: That the variation results in a structure which is compatible with the following standards:

• The maximum allowable lot coverage for structures shall be fifty-five percent;

• The floor area for second stories shall not exceed fifty percent of the first-floor area, except in cases where the first floor constitutes forty percent or less lot coverage.

3. For Use Variations: That the use variation promotes the preservation and maintenance of the historic structure, and the effects of the proposed use, including traffic and parking, will not be detrimental to the surrounding area.

4. For Parking Variations: That such variation will not significantly affect traffic and parking on adjacent and nearby streets and properties.

(Ord. 2024-11 § 2, 2024; Ord. 2012-19 § 2 (part), 2012).

Part 6: MOBILEHOMES

24.12.500 GENERAL.

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

(Ord. 85-05 § 1 (part), 1985).

24.12.510 REQUIREMENT.

Mobilehomes shall be used within the city of Santa Cruz only for residential purposes, and then only under the following circumstances:

1. If such mobilehomes are located in an approved mobilehome park, in conformity with the conditions imposed upon development and use of the mobilehome park; or

2. If such mobilehomes have been granted a certificate of compatibility (Part 16, Chapter 24.08) and are located in zoning districts where single-family homes are a permitted use; or

3. If such mobilehomes have been approved as caretaker residences in an industrial zone by a special use permit.

4. All mobilehome parks shall have a minimum lot area of five acres and be allowed through approval of a PD (planned development) permit.

(Ord. 85-05 § 1 (part), 1985).

Part 7: ANIMALS

24.12.600 PURPOSE.

Specific regulations relating to the care and keeping of animals set forth herein are intended to provide for the compatibility between such animals and neighboring land uses.

(Ord. 85-05 § 1 (part), 1985).

24.12.610 ANIMALS AT LARGE.

It is unlawful for any person owning or having possession, charge, custody, or control of any animal except cats, to cause, permit, or allow the animal to stray, run, or in any other manner to be at large in or upon any public street, sidewalk, park or schoolground, or upon any unenclosed lot or land.

(Ord. 85-05 § 1 (part), 1985).

24.12.620 DOMESTIC ANIMALS.

In any R-District, or in conjunction with any residential uses in any other district, there may be kept on any lot a total of not more than six domestic animals as defined in this title, not more than three of which may be dogs, and not more than one of which may be an unspayed female dog. See Section 24.12.630, Family farm animals.

1. Such animals, except cats, shall under no circumstances be permitted to run at large, but shall be at all times confined within a suitable enclosure (coop or yard) or otherwise be under the control of the owner on the property. Supervision of dogs is covered under Chapter 8.14 of the Municipal Code.

2. Such enclosure shall at all times be maintained in a clean and sanitary condition so as to be at all times free from offensive odors or other nuisance features.

3. No part of any enclosure shall be located less than twenty-five feet from any dwelling, other than the owner’s, or place of business.

(Ord. 85-05 § 1 (part), 1985).

24.12.630 FAMILY FARM ANIMALS.

In any R-District, or in conjunction with any residential uses in any other district, there may be kept on any lot of at least twenty thousand square feet in area, two large family farm animals and ten small family farm animals.

1. Such animals shall be specifically for use by the family on the site and not be for sale, except in the case of an approved young farmer project.

2. Such animals and poultry shall under no circumstances be permitted to run at large, but shall be confined at all times within a suitable enclosure.

3. Such enclosure shall at all times be maintained in clean and sanitary condition so as to be at all times free from offensive odor or other nuisance features.

4. No part of any enclosure shall be located less than forty feet from any neighbor’s dwelling, and twenty feet from owner’s property line.

5. Only small animals may be butchered on property.

6. Domestic farm animals (those defined as domestic animals in Section 24.22.050) shall be counted as part of the total number of domestic animals permitted on any one property.

7. Where one or more large farm animals or seven or more small farm animals are to be maintained, an administrative use permit shall be required for all family farms. The following shall be considered in the approval of such permits:

a. The slope of the land and its bearing on the problems associated with runoff shall be taken into consideration with surface of all corrals and animal areas to be graded so as to prevent the accumulation of storm or casual waters;

b. The applicant’s proposed plan for the removal of animal manure from the site and for screening of that portion of the property where animals are to be kept;

c. Proposed measures for prevention of adverse impacts, such as noise, on adjacent properties or the neighborhood caused by the keeping of such animals.

(Ord. 85-05 § 1 (part), 1985).

24.12.640 HORSES, PONIES, DONKEYS, OR MULES.

In any R-District, there may be kept one horse, pony, donkey or mule for each twenty thousand square feet of land area, subject to the following provisions:

1. The minimum contiguous land area shall be forty thousand square feet, of which twenty thousand square feet shall be open space. Contiguous parcels which are leased pursuant to a written or oral rental agreement may not be considered as part of the minimum lot area requirements hereof.

2. The fenced paddock and corral area and structures for the housing of such animals shall be at least twenty feet from the property line; stables and housing of such animals shall be at least forty feet from property lines; and stables and corrals a minimum of one hundred feet from neighbor’s dwelling. Except that, upon written consent of adjacent property owner and tenant, where applicable, the setback requirements may be reduced. In no case, however, shall paddocks, corral areas, stables or animal housing be less than fifty feet from habitable structures on adjacent properties.

3. Such animals shall be maintained in a fenced paddock or corral area containing at least eight hundred square feet of fenced area per animal. All of said minimum fenced paddock or corral area shall be permanently accessible to such animals. Such animals shall be cared for and kept in a manner which preserves the health and safety of the animals and which complies with Chapter 8.18 of the Santa Cruz Municipal Code;

a. If fenced paddock area is not provided for such animals, each twenty thousand square feet of land area per animal shall be fenced.

4. The land area shall at all times be maintained in a clean and sanitary condition so as to be free from offensive odors or other nuisance features.

5. The fly-control regulations and other restrictions of the environmental health department shall be complied with.

6. A foal of such animal which is lawfully kept on such contiguous land area and which is under the age of one year shall not be counted in determining the number of such animals being kept on the land.

7. An administrative use permit shall be required for all horses, ponies, donkeys and mules. The following shall be considered in the approval of such permits:

a. The slopes of the land and its bearing on the problems associated with runoff shall be taken in consideration, with surface of all corrals and animal areas to be graded so as to prevent the accumulation of storm or casual waters;

b. The applicant’s proposed plan for the removal of animal manure from the site and for screening of that portion of the property where animals are to be kept;

c. Proposed measures for prevention of adverse impacts such as noise on adjacent properties or the neighborhood caused by the keeping of such animal.

(Ord. 85-05 § 1 (part), 1985).

24.12.650 BEES (APIARIES).

1. Purpose. The purpose of this section is to encourage the environmentally beneficial practice of beekeeping in Santa Cruz by ensuring the use of best practices, with a focus on the safety of neighbors, beekeepers and honeybees. This section includes guidance to minimize conflicts between neighbors and the general public while supporting healthy bee colonies.

2. Definitions. For the purposes of this section, the following definitions shall apply:

“Apiary” shall mean any single or group of hives placed together on a property.

“Hive” shall mean the box or boxes in which honeybees are kept and from which honey and honeycomb are collected.

“Responsible beekeeper” shall mean the person or entity responsible for the placement, maintenance and safety of any individual hive or apiary.

3. Standards. In accordance with Section 29000 of the California State Food and Agricultural Code, which states, “A healthy and vibrant apiary industry is important to the economy and welfare of the people of the State of California. Protection and promotion of this important industry is in the interest of the people of the State of California.” Santa Cruz city maintains the lawful keeping of honeybees according to the following standards:

a. The installation and maintenance of apiaries does not require a permit or registration with the city.

b. Apiaries shall be accompanied by a constant, permanent source of water on site with hives. This can be a natural body of water or an artificial water source provided by the responsible beekeeper.

c. Before hives are placed on lots with nonresidential uses, including hives on public land, the responsible beekeeper shall first obtain written consent from the property owner and shall provide written notice to all property owners and tenants within a fifty-foot radius of the hive(s). The notice must include but is not limited to the specific location of the hive(s); the name, telephone, and email contact information for the beekeeper; the name, telephone, and email contact information of the property owner where the hive(s) will be located; and the date on which permission from the property owner is intended to be granted. The notification must be provided to neighbors at least ten days prior to owner permission being granted to the beekeeper. The responsible beekeeper must also clearly stencil their name and phone number on the box’s exterior.

d. Before hives can be placed on multifamily residential-use lots, the responsible beekeeper shall first obtain written consent from the property owner and the homeowner’s association, where one exists, and shall provide written notice to all current residents and owners on the lot or within the residential development that are within a one hundred fifty-foot radius of the hive placement site. The notice must include but is not limited to the specific location of the hive(s); the name, telephone, and email contact information for the beekeeper; the name, telephone, and email contact information of the property owner or homeowner’s association where the hive(s) will be located; and the date on which permission from the property owner or homeowner’s association is intended to be granted. The notification must be provided to neighbors at least ten days prior to owner permission being granted to the beekeeper. The responsible beekeeper must also clearly stencil their name and phone number on the box’s exterior.

e. Within community housing projects or similar developments such as townhouses, hives shall not be placed within ten feet of any private balcony, private yards, or common open space except for those spaces exclusively owned or leased by the responsible beekeeper.

f. Where a hive is located adjacent to a pedestrian right-of-way, including a sidewalk, public trail, or street where no sidewalk has been constructed, hives shall be either:

i. Set back a minimum of ten feet from the pedestrian right-of-way; or

ii. Placed behind a barrier at least six feet in height consisting of a nonpenetrable structure not limited to a fence, wall, building or dense vegetation. Fences, walls, and vegetation used to meet this standard shall also comply with Section 24.12.160, and accessory buildings used to meet this standard shall comply with Section 24.12.140.

g. All apiaries shall be maintained and placed in a manner that encourages bees to disperse, rather than concentrate, before potentially encountering neighbors or other members of the public. This requirement may be achieved by any of the following strategies:

i. Positioning hive entrances in such a way that bees are encouraged to fly across the property on which they are kept, orienting the entrances to face the interior of the property.

ii. Placing hive boxes at least ten feet from property lines.

iii. Placing hives behind a barrier at least six feet in height consisting of a nonpenetrable structure not limited to a fence, wall, building or dense vegetation. Fences, walls, and vegetation used to meet this standard shall also comply with Section 24.12.160, and accessory buildings used to meet this standard shall comply with Section 24.12.140.

iv. Placing hives in an elevated position, a minimum of eight feet off the ground.

(Ord. 2020-24 § 1, 2020: Ord. 85-05 § 1 (part), 1985).

Part 8: UNDERGROUND UTILITIES

24.12.700 GENERAL.

All facilities and wires for the extension of facilities for the supply and distribution of electrical energy and service, including communication service (as defined in Section 12.60.010), shall be placed underground; and further, there exists a need for regulation of certain modifications of existing utility pole lines, all in order to promote and preserve the health, safety, and general welfare of the public, and to assure the orderly development of the city of Santa Cruz.

(Ord. 2022-18 § 18, 2022; Ord. 85-05 § 1 (part), 1985).

24.12.710 PROVISIONS.

1. All new extensions of electrical and communications distribution and service facilities, equipment, and lines carrying less than thirty-four thousand five hundred volts hereafter constructed or installed in the city of Santa Cruz shall be placed underground, unless special permission to construct said facilities above ground is granted, as hereinafter provided.

2. All reallocations of existing overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts required to be relocated by reason of change of grade or alignment or the widening of the street within which such overhead facilities exist shall, upon relocation, be placed underground, unless special permission to reconstruct said facilities above ground is granted, as hereinafter provided. This provision shall apply only to those streets within an area of the city declared by the city council to be an underground utility district.

3. Overhead electrical and communications distribution and service poles supporting lines carrying less than thirty-four thousand five hundred volts shall not be installed to support overhead facilities where such installation would duplicate an existing pole line within an entire city block.

4. Electric and communication service wires or cables to any new building or structure shall be placed underground unless the project is subject to an exception identified in Section 24.12.720.

5. Any new building or structure where an expansion of any electric or planned communication service on or within five hundred feet of the property is planned to occur within five years of construction completion, as demonstrated through related capital projects or private development, and which has not otherwise been permitted for overhead utilities or in-lieu fee payment, shall install dark conduit (as defined in Section 12.60.010) along the project frontage or within the project site, together with any necessary easements for the city to facilitate expansion and future connection to all such service(s) in conformance with the public works dark conduit installation specifications that are current at the time of design review and available from the public works department.

6. Any new building or structure shall be connected to existing or planned electric and communications services by active lines, if available, or dark conduit leading to the building from an adjacent main, in conformance with the applicable public works dark conduit installation specifications that are available from the public works department. Any lots or structures with more than one unit shall provide such connections to every individual unit.

7. Any existing building, site, underground utility installation, or structure, for which trenching is required to, from, or along existing or planned electrical or communications services, shall provide underground utilities or dark conduit connections of consistent form and quality with all the specifications of this section except as provided in Section 24.12.720(7).

8. All conduits, conductors and associated equipment necessary to receive utility service between service conductors or underground pipe or conduit of the supplying utility and the service facilities in the building or structure, and units therein, being served shall be provided by the person building, renovating, owning, operating, leasing or renting said property, subject to applicable rules, regulations and tariffs of the respective utility or utilities on file with the California Public Utilities Commission and to the lawful requirements of state laws and city ordinances. All such infrastructure, upon completion and acceptance by the city, shall be dedicated as public improvements to the city.

(Ord. 2022-18 § 18, 2022; Ord. 85-05 § 1 (part), 1985).

24.12.720 EXCEPTIONS.

The provisions of Section 24.12.710 shall not apply to the following. Applicants shall be responsible for any studies, analysis, and reports required by public works to demonstrate eligibility for any exceptions.

1. Poles used exclusively for police and fire alarm boxes or any similar municipal equipment installed under the supervision of, and to the satisfaction of, the city engineer.

2. Poles or electroliers used exclusively for street lighting.

3. Overhead wires attached to the exterior surface of a building by means of a bracket or other fixture and extended from one location on the building to another location on the same building or to an adjacent building on the same lot or parcel without crossing any street.

4. Radio antennas, their associated equipment and supporting structures used by a utility for furnishing communication services.

5. Equipment appurtenant to underground facilities, such as surface-mounted transformers, pedestal-mounted transformers, pedestal-mounted terminal boxes, and meter cabinets and concealed ducts, and other facilities which are determined by the city engineer as infeasible for undergrounding.

6. The property owner may voluntarily apply to the city engineer to request an alternate discretionary process for the purposes of assessing the applicability of this Part 8 and shall provide public works with any studies, analysis, or reports and payment of any associated fees. Subsequent to such study or analysis, the city engineer may require in-lieu payments, grant exceptions or other modifications to the requirements of this Part 8 on a case-by-case basis.

7. The city engineer may exempt city led projects from the requirement to install dark conduit connections.

(Ord. 2022-18 § 18, 2022; Ord. 85-05 § 1 (part), 1985).

24.12.730 IN-LIEU FEE.

The city council shall, by resolution, establish an underground utility in-lieu fee to be paid where the enforcement of the provisions of Section 24.12.710 are not feasible at the time of construction or would more easily be installed at a later date for the immediate neighborhood. Application for the in-lieu fee option is applicable to single-family and multifamily residential up to four units, and accessory dwelling units and shall be made in the following manner:

1. Written application shall be filed with the zoning administrator, with copy to the director of public works, for approval to pay an in-lieu fee rather than undergrounding the utilities. The in-lieu fee option must be approved prior to the issuance of a building permit for the project.

2. Such application shall include all information necessary to properly apprise the zoning administrator and the director of public works of the circumstances existing which require such exception.

3. The zoning administrator shall consider said application and the purpose to be attained by this part and shall, within thirty days after the filing of said application, administratively grant or deny the request to pay an in-lieu fee rather than undergrounding the utilities. The decision of the zoning administrator is appealable in accordance with the appeal provisions contained in Section 24.04.180.

4. In approving an application to pay an inlieu fee rather than meeting the regulations of this part, at least one of the following findings shall be made:

a. The cost to underground the utility is highly disproportionate to the cost of the improvement; or

b. The immediate neighborhood has aboveground utility and/or communications extensions and the city plans to install underground utilities for the entire area at one time; or

c. The utility company installing the connecting line has said it is physically impossible to make such a connection underground at this time; or

d. The circumstances are similar in nature to those listed above, as determined by the zoning administrator.

5. The in-lieu fee option does not apply to the installation of streetlights as may be required by the conditions of approval for a project.

(Ord. 2020-23 § 6, 2020: Ord. 85-05 § 1 (part), 1985).

24.12.740 EXISTING FACILITIES.

The provisions of Section 24.12.710 shall not prohibit the necessary maintenance and operation of existing overhead facilities, nor prohibit the installation of overhead service lines to facilities already served by at least one overhead utility service, nor prohibit the connection of underground service to existing overhead utility distribution equipment, in areas not designated and declared by the council to be an underground utility district.

(Ord. 85-05 § 1 (part), 1985).

Part 9: BED-AND-BREAKFAST INNS

24.12.800 PURPOSE.*

These regulations are established in order to facilitate bed-and-breakfast uses in commercial districts which cater to visitors; encourage bed-and-breakfast uses in residential districts where they are appropriate, while protecting surrounding residential uses from their commercial impacts; and encourage the preservation and maintenance of buildings listed on the Historic Building Survey.

(Ord. 96-05 § 1 (part), 1996: Ord. 94-33 § 62, 1994: Ord. 85-05 § 1 (part), 1985).

* Editor’s Note: Former Section 24.12.800, “Purpose,” was replaced in its entirety by § 1 of Ord. 96-05.

24.12.810 REGULATIONS.

(1) In districts which allow hotels, motels and lodging, bed-and-breakfast inns shall be subject to the same regulations as hotels and motels. In all R-1, R-L, R-M, R-T(A) and R-T(D) districts, bed-and-breakfast inns shall meet the following requirements:

(a) Bed-and-breakfast inns shall provide breakfast and may provide other meals for registered guests. No meals may be served to unregistered guests or the general public.

(b) No cooking facility shall be allowed in guest rooms.

(d) Guests shall check in and out only between 9:00 a.m. and 8:00 p.m.

(e) Bed-and-breakfast inns shall be managed and occupied by the owner of the property.

(f) Except as provided in subsection (2) of this section, the bed-and-breakfast use shall comply with all requirements of the zoning district in which it is located.

(g) Prior to the zoning board’s public hearing of the application, the applicant shall provide evidence that written comments have been solicited from all owners and occupants of lands adjoining the proposed use. Any written comments received shall be submitted to the zoning board.

(h) A transient occupancy permit shall be obtained prior to activating the use permit.

(2) In addition to the requirements contained in subsection (1) of this section, bed-and-breakfast inns in the R-1 Single-Family Residence District and the R-L Multiple Residence-Low Rise District shall meet the following requirements:

(a) There shall be a distance of either two full blocks or fifteen hundred lineal feet, whichever is greater, between bed-and-breakfast inns.

(b) The structure proposed for a bed-and-breakfast use shall be listed in the city of Santa Cruz Historic Building Survey.

(c) No use permit may be issued to authorize a bed-and-breakfast use if that use would result in a net loss of multiple dwelling units which have been occupied as such for two years prior to the application date.

(d) Signs shall be affixed to the structure, externally lighted only, and turned off by 10:00 p.m.

(3) This section of the Zoning Ordinance is also part of the Local Coastal Implementation Program.

(Ord. 96-05 § 1 (part), 1996).

24.12.820 FINDINGS REQUIRED.

In addition to other findings required by Sections 24.08.030 (Design Permit), 24.08.040 (Special Use Permit), and 24.08.930 (Historic Alteration Permit), all applications for bed-and-breakfast uses within R-1, R-L, R-M, R-T(A) and R-T(D) zoning districts shall be consistent with the following findings:

(a) The proposed use will further the preservation of any historic building(s) involved as evidenced by proposed repairs and improvements to the building and property, and the establishment of an economic use of the building which will support its continued maintenance and improvement.

(b) The proposed use, as conditioned, will not create noise, parking or other detrimental impacts on the residential neighborhood in which it is located.

(c) The proposed use will further General Plan policies related to historic preservation, tourism and economic development.

(Ord. 96-05 § 1 (part), 1996).

Part 10: SERVICE STATION REGULATIONS

24.12.900 PURPOSE.

It is the purpose of this part to protect the public health, safety, and welfare by assuring adequate numbers of service stations which afford equal access to the public, including elderly, handicapped and visitors in need of personal service and minor automobile repair and by establishing reasonable criteria for same. Further, the public safety and welfare is served by regulating conversion of stations from full service to self-service.

(Ord. 85-32 § 1, 1985).

24.12.910 ADMINISTRATION.

No building permit or other permit shall be issued for the establishment, construction, conversion or modification of a service station unless a use permit and a design permit have been issued pursuant to Part 1 of Chapter 24.08, Use Permits, Part 5 of Chapter 24.08, Design Permit, and provisions of this part.

(Ord. 85-32 § 1, 1985).

24.12.920 RESERVED.

24.12.930 CONSTRUCTION/ ESTABLISHMENT OF SERVICE STATIONS – NEW.

All service stations shall comply with the following requirements:

1. Lot Area. Minimum land area for service stations shall be six thousand square feet for the first pump island, plus four thousand square feet for the second pump island; plus one thousand square feet for each additional pump island. In addition, there shall be one thousand square feet for each lubrication or nonmechanical washing bay.

2. Site Improvements. The arrangement of structures, islands, curbcuts, parking, and landscaping shall be such as to provide sufficient space to service vehicles efficiently and entirely on the site; to meet on-site parking, circulation, and maneuvering requirements; and to ensure the safe movement of vehicles and pedestrians to, through, and from the site.

3. Drainage. All drainage from the property shall be collected on-site and conveyed to the storm sewer, if available. Water shall not drain across the sidewalks or any area reserved therefor.

4. Lighting. Lighting shall be directed onto the subject property only, so that the light source is not visible from adjacent properties. No luminaire shall exceed twenty feet above finished grade.

5. Signage. Freestanding signs shall not exceed fifteen feet in height and shall be so located as not to interfere with vehicle or pedestrian sight distances. Signs advertising prices shall be visible according to city regulations.

6. Service Activities. Hydraulic racks and service pits shall be located within a structure.

7. Outdoor Display and Sales. Outdoor display and sales areas for supplies and accessory items shall be limited to pump islands. Vending machines may be placed in approved locations outside of structures.

The sale or rental of automobiles, boats, habitable or utility trailers, trucks, and two-wheeled motor vehicles may be allowed only as part of an approved permit. Such activity shall not conflict with other uses on the site, shall be screened, and subordinate to the service station use.

8. Dead Storage or Refuse. Storage areas and refuse receptacles shall be completely screened from view and shall be of a design consistent with other structures on the site. Any wastes which might be transferred off the property by natural causes or sources, or which might be attractive to rodents or insects, shall be stored in closed containers. Trash enclosures shall be designed consistent with structures on the site.

9. Landscaping. Landscaping shall comprise a minimum of ten percent of the gross site area, exclusive of any required off-site landscaping improvements such as street trees, slope development, and the like. Landscaping shall be protected by a raised concrete curb or other approved material.

Landscaping shall be located so as not to obstruct necessary sight distances and traffic flow, to offer adjacent residential properties a degree of visual and audio screening, and shall be of such quality as to enhance the site and the surrounding area.

a. Parkway and driveway planters shall be located along street property lines as appropriate. Planting material shall be low-growing so as not to obstruct the view of drivers and customers; but shall be of sufficient height so as to clearly delineate driveways.

b. Automatic sprinkler systems shall be required in all landscaped areas.

c. All landscaping shall be permanently maintained.

10. Fences and Decorative Screening. Materials, textures, colors, and design shall be compatible with existing and/or proposed structures on the site, with development on adjacent properties, and the neighborhood. Fencing or screening, where bordering residential properties, is limited to six feet in height on that part of the property to the back of the residential setback line, and not more than three and one-half feet to the front of the setback line. Wheel stops shall be required in front of all fences and hedges.

11. Water, Air. Water and compressed air shall be made available during all business hours.

12. Restrooms. A restroom shall be made available to customers during all business hours.

13. Structures, Location. Pump islands shall be at least fifteen feet from a property line or, where abutting a residential district or use, not less than twenty-five feet from the residential property line; and shall be separated from each other by a distance of not less than twenty feet.

14. Design. Structures, including pump island canopies, shall be individually designed to suit the site, and shall be compatible with surrounding uses and shall have a complete elevation on all four sides of the building.

Reflective, glossy, and fluorescent materials shall not be permitted.

Unless unusual circumstances prevail, lubrication bays shall open to the side or rear of the site.

15. Operation. Operations conducted out of doors shall be limited to the dispensing of motor vehicle fuel, oil, water, compressed air, the changing of tires and minor servicing. The use shall comply with Zoning Ordinance performance standards.

(Ord. 85-32 § 1, 1985).

24.12.940 CONVERSION OF EXISTING SERVICE STATIONS.

Conversion of full-service service stations to self-service stations shall not occur unless a use permit has been issued pursuant to Part 1, Chapter 24.08, Use Permits, and a design permit pursuant to Part 5, Chapter 24.08, Design Permit, in compliance with provisions of Section 24.12.930 of this part.

(Ord. 85-32 § 1, 1985).

24.12.950 CONSTRUCTION/ ESTABLISHMENT OF MULTIPURPOSE SERVICE STATIONS.

No building permit or other permit shall be issued for the construction or establishment of a multipurpose service station or conversion of existing station to a multipurpose service station unless a use permit is issued pursuant to Part 1, Chapter 24.08, Use Permits, and Part 5, Chapter 24.08, Design Permit.

1. In addition to those standards established by Section 24.12.930, the following additional standards shall apply to multipurpose service stations:

a. Parking shall be provided for all existing and approved uses.

b. Structure(s) proposed for use as part of the multipurpose facility shall be of an appropriate design for the new use proposed.

(Ord. 85-32 § 1, 1985).

PART 11: SINGLE-ROOM OCCUPANCY HOUSING*

* Editor’s Note: Prior ordinance history: This Part 11 was originally derived from Ord. 93-21 § 11. This part was amended in its entirety, but specifically not repealed, by Ord. 2002-02.

24.12.1000 PURPOSE.

The purpose of these regulations is to allow the development of reduced-size dwelling units, defined as single-room occupancy (SRO) units, with limited parking requirements to provide additional options for affordable housing opportunities.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1010 UNIT SIZE.

The net area of a SRO unit may range from a minimum of one hundred fifty square feet to a maximum of four hundred square feet, with the average unit size being no greater than three hundred forty-five square feet.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1020 PRIVATE FACILITIES.

1. SRO Units of 220 square feet or more are required to have a kitchen and a full bathroom.

2. Any area that may be used for food preparation must be defined in building plans and meet the requirements of the State of California Health and Safety Code.

3. A full bathroom shall contain at least a toilet, sink and bathtub, shower or bath/shower combination.

4. A partial (or half) bathroom shall have at least a toilet and sink.

5. All SRO units must have a closet.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1030 COMMON FACILITIES.

1. SRO projects shall have at least ten square feet of common usable open space per unit; however, no SRO project shall provide less than two hundred square feet of common outdoor open space and two hundred square feet of common indoor open space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than eight feet wide shall not be included as outdoor common space.

2. Common open spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor spaces may include such items as lounge chair(s) and/or couch(es), table(s) with chairs, writing desk(s), and television(s). Outdoor furnishings may include such items as outdoor bench(es), table(s) with chairs, barbecue(s), and shade umbrella(s).

3. Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room. Additional washers and dryers must be provided for any development that has more than twenty units at the ratio of one washer and one dryer for every additional twenty units.

4. Common bathrooms must be located on any floor with units that do not have full bathrooms. Common bathrooms shall be either single-occupant use with provisions for privacy or multi-occupant use with separate provisions for men and women. Common bathrooms shall have shower or bathtub facilities at a ratio of one for every seven units or fraction thereof. Each shared shower or bathtub facility shall be provided with an interior lockable door.

5. Complete common cooking facilities/kitchens must be provided if any unit within the project does not have a kitchen. One complete cooking facility/kitchen shall be provided within the project for every twenty units or portion thereof or have one kitchen on any floor where units without kitchens are located.

6. All SRO units must have access to a separate usable storage space within the project.

(Ord. 2023-06 § 6, 2023; Ord. 2002-02 § 2 (part), 2002).

24.12.1040 MANAGEMENT.

1. An SRO project with twelve or more units shall provide twenty-four-hour on-site management, and include a dwelling unit designated for the manager.

2. All SRO projects must have a management plan approved by the City of Santa Cruz Director of Planning and Community Development. The management plan shall contain management policies, maintenance plans, rental procedures, tenant rules, and security procedures.

(Ord. 2002-02 § 2 (part), 2002).

24.12.1050 PROGRAM STANDARDS.

1. SRO units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum lot area per dwelling unit shall not apply to SRO units.

2. SRO units shall not be subdivided or individually sold.

(Ord. 2022-02 § 6, 2022).

Part 12: ALCOHOLIC BEVERAGE SALES

24.12.1100 DEFINITIONS.

a. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning:

1. “Low-risk alcohol outlet” is a bona fide restaurant, brewpub or microbrewery when operated in conjunction with a bona fide restaurant, bed-and-breakfast inn, conference center, and similar establishments that include food service but do not include live entertainment except incidental live entertainment, or food store where alcoholic beverages are sold. A tasting room, as defined in subsection (a)(7) below, may also be considered a low-risk alcohol outlet, subject to the requirements for low-risk alcohol outlets provided in Section 24.12.1106 of this chapter. A low-risk alcohol outlet shall not be associated with a license from the Department of Alcoholic Beverage Control that restricts minors from entering the facility or that identifies the use as a bar, tavern, nightclub or any other outlet deemed high-risk outlet according to this chapter.

2. “High-risk alcohol outlet” is a retail outlet where alcoholic beverages are sold such as a bar or winebar, tavern, liquor store, convenience store, nightclub, banquet facility, and/or premises where live entertainment and/or dancing occurs, and/or any on-sale or off-sale alcohol outlet which, as part of its regular operating hours, stays open past midnight on one or more days of the week.

3. Eating and Drinking Establishment – Bona Fide Restaurant. A “bona fide restaurant” is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of serving a variety of meals or menu items to patrons for compensation, and which has (1) suitable kitchen facilities on the premises which contain conveniences for cooking and/or preparing an assortment of foods which may be required for ordinary meals and for which the kitchen must be kept in a sanitary condition and must be in compliance with the local department of health regulations; (2) a primary use of sit-down service to patrons; (3) adequate eating arrangements for patrons on the premises; (4) sale of alcoholic beverages as an incidental use and only when served at tables or counters; (5) does not include live entertainment except incidental live entertainment. A bona fide restaurant, which includes, but is not limited to, any facility which has obtained a Department of Alcoholic Beverage Control license such as a Type 41 or Type 47, does not include any billiard or pool hall, video arcade, game parlor, card room, gambling establishment, bowling alley, shooting gallery or adult entertainment business; and (6) a minimum of fifty-one percent of the monthly gross receipts shall be from the sale of meals, not to include cover or admission charges, or alcoholic beverages sales, during the same period. The owner/operator may be required to submit certified records or evidence pertaining to the sales of meals and alcoholic beverages to the finance department as part of review of the use permit, upon request by city officials, for the purpose of verifying compliance.

4. “Incidental live entertainment” is live entertainment with instrumental and vocal music with small personal amplifiers provided for the listening pleasure of patrons, and which does not include karaoke or a disc jockey format or dancing and has an indoor stage/performance area not exceeding eighty square feet.

5. “Live entertainment” involves music, comedy, readings, dancing, acting or other entertainment performed by one or more persons, whether or not such person or persons are compensated for such performances. This use includes dancing by patrons to live or recorded music.

6. “Nightclub” is a retail establishment which is regularly and in a bona fide manner used and kept open for the principal purpose of providing live entertainment, food, and beer and wine or distilled spirits; is considered a public premises which does not allow entrance to any person under twenty-one years of age; does not allow for sale of alcoholic beverages for consumption off the premises and is considered a high-risk alcohol establishment.

7. “Tasting room” is an area within a building where a small quantity of a product being manufactured on or off the site is provided to the public for tasting. See additional criteria under Section 24.12.1106(9).

b. Use Determination. The zoning administrator may determine at a public hearing that a use not specifically described in this chapter is of the same general character as a “low-risk alcohol outlet” or a “high-risk alcohol outlet” subject to the use permit procedures set forth in Part 1, Chapter 24.08 of this title.

(Ord. 2017-11 § 1, 2017: Ord. 2015-06 § 1, 2015: Ord. 2010-02 § 1 (part), 2010).

24.12.1101 SPECIAL USE PERMIT REQUIREMENT FOR HIGH-RISK ALCOHOL OUTLETS.

1. Special Use Permit Required. In addition to the other requirements set forth in Sections 24.12.1100 through 24.12.1106, on and after the date the ordinance codified in this part becomes effective, no high-risk alcohol outlet, as that term is defined pursuant to Section 24.12.1100(a)(2), whether on-sale or off-sale, shall be established without first obtaining a special use permit from the city of Santa Cruz, in accordance with this part and Chapter 24.08.

2. Posting Requirement. A copy of the conditions of approval for the special use permit shall be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

3. Findings. In approving a special use permit, it shall be determined by the hearing body that all of the following apply:

a. The proposed use complies with all of the mandatory requirements of this section and Section 24.12.1102;

b. The proposed use will not adversely affect the health, safety or welfare of area residents, or uses, or will not result in an undue concentration in the area of high-risk establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine;

c. The operational characteristics of the proposed use, such as live or amplified entertainment, will not have a negative impact upon the surrounding area;

d. The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area; and

e. The proposed use is not located in what has been determined to be a high-crime area, or where a disproportionate number of police service calls occur.

4. Conditions. The planning commission or city council on appeal may deny any application which is inconsistent with the above-noted findings, or may impose any conditions on the applicant or proposed location reasonably related thereto, or to the health, safety or welfare of the community, in addition to the specific requirements set forth in Section 24.12.1102.

(Ord. 2017-11 § 2, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995. Formerly 24.12.1100).

24.12.1102 REQUIREMENTS FOR HIGH-RISK ALCOHOL OUTLETS.

1. Except as provided in subsection (1)(a), no high-risk alcohol outlet shall be located within six hundred feet of any other high-risk alcohol outlet (including legal, nonconforming low-risk outlet approved with an administrative use permit that would be considered a high-risk outlet under the ordinance currently in effect), any public educational use zoned P-F, public park with a playground, hospital, medical clinic, alcohol or other drug abuse recovery or treatment facility, or community care residential facility providing mental health/social rehabilitation services. For the purpose of this subsection, the six-hundred-foot distance requirement shall be measured from the periphery of the property boundary of such establishments. With respect to a public park with playground, the six-hundred-foot distance shall be measured from the periphery of the playground area.

a. The planning commission, or the city council on appeal, may grant an exception to the six-hundred-foot spacing requirement between high-risk alcohol outlets, except in the case of public educational uses, only if the applicant can establish that any public benefit that could be served by the issuance of the special use permit will outweigh concerns affecting public health and safety. The burden of proof is on the applicant to show that the overall effect will be positive.

2. A wall or other appropriate buffer may be required around the parking area of such establishments when said area is adjacent to properties zoned or used for residential purposes or any of the above-referenced sensitive uses.

3. Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing surrounding residential or commercial areas.

4. All establishments shall be required to install and maintain interior and exterior surveillance cameras. In conjunction with an on-going investigation, access to the surveillance footage shall be made available to law enforcement upon request.

5. All establishments shall be required to have a public telephone listing and to control incoming phone calls.

6. The applicant shall be required to provide evidence of the adoption and implementation of responsible beverage service (RBS) policies and practices, including but not limited to participation in a formal RBS training program. For the purposes of this subsection, “formal RBS training program” shall mean any program from a list of vendors or programs approved by the Santa Cruz police department.

7. Employees shall be at least twenty-one years of age to sell and serve alcohol.

8. The applicant must bear the cost of modifications or cease operations if, subsequent to the approval of a special use permit, it is determined pursuant to Section 24.12.1110 that the establishment constitutes a public nuisance.

9. Special Requirements for On-Sale Establishments.

a. The sale of alcoholic beverages for consumption off the premises shall be prohibited; and

b. Special security measures such as security guards and burglar alarm systems may be required.

10. Special Requirements for Off-Sale Establishments.

a. The operation of video or any other electronic games shall be prohibited in conjunction with the sale of alcoholic beverages;

b. If the establishment is located in a shopping center, the sale of alcoholic beverages for consumption on the appurtenant common areas may be prohibited;

c. Exterior public telephones, limited to outgoing calls only, may be located on the premises;

d. Litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove litter and debris on a daily basis; and

e. Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

11. Special Requirements for Establishments with Live Entertainment.

a. A yearly entertainment permit from the police department must be obtained.

b. An acoustical study is required to ensure that sound attenuation techniques have been implemented and that noise generated by the facility meets the performance standards in the zoning ordinance.

c. Security personnel shall be provided on the premises and/or around the perimeter of the property as required by the police department.

d. Security measures such as additional lighting and/or security cameras may be required.

e. The maximum occupancy is limited to the number identified by the fire marshal and may be further limited in the use permit based on land use compatibility issues, parking availability and security personnel.

f. If the public right-of-way is proposed for queuing for patrons, a management plan to control crowds and litter as well as to ensure adequate pedestrian circulation must be made part of the proposal.

g. Adequate ventilation shall be provided so that openings to the outside can be closed when the facility is at full capacity.

12. Conditions. The planning commission, or the city council on appeal, may deny any application which is inconsistent with the findings in Section 24.12.1101(3), or may approve said application with reasonable conditions related to the public health, safety or welfare, including, but not limited to, those set forth in this section.

(Ord. 2017-11 § 3, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1104 ADMINISTRATIVE USE PERMIT REQUIRED FOR LOW-RISK ALCOHOL OUTLETS.

1. Administrative Use Permit Required. In addition to the other requirements set forth in this part, on and after the effective date of the ordinance codified in this chapter, no low-risk alcohol outlet shall be established without first obtaining an administrative use permit from the city of Santa Cruz, in accordance with Chapter 24.08 and this part.

2. Posting Requirement. A copy of the conditions of approval for the administrative use permit must be kept on the premises of the establishment and posted in a place where it may readily be viewed by any member of the general public.

3. Findings. In approving an administrative use permit it shall be determined by the hearing body that:

a. The proposed use complies with all of the requirements of this section and Section 24.12.1106;

b. The proposed use will not adversely affect the health, safety or welfare of area residents, or uses, or will not result in a harmful concentration in the area of establishments dispensing, for sale or other consideration, alcoholic beverages, including beer and wine;

c. The operational characteristics of the proposed use, such as live or amplified entertainment, will not have a negative impact upon the surrounding area; and

d. The proposed use is consistent with the surrounding neighborhood character.

4. Conditions. The zoning administrator, or zoning board or city council on appeal, may deny any application which is inconsistent with the above-noted findings, or may approve said application with reasonable conditions related to the public health, safety or welfare, including, but not limited to, those set forth in Section 24.12.1106.

(Ord. 2017-11 § 4, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1106 REQUIREMENTS FOR LOW-RISK ALCOHOL OUTLETS.

1. A wall or other appropriate buffer may be required around parking areas when said area is adjacent to properties zoned or used for residential purposes or to sensitive uses, including, but not limited to, educational uses (public), public parks with playgrounds, and other similar uses.

2. Exterior lighting of parking areas shall be kept at a sufficient intensity so as to provide adequate lighting for patrons, while not disturbing the surrounding residential or commercial area.

3. The applicant may be required to provide evidence of the adoption and implementation of responsible beverage service (RBS) policies and practices, including, but not limited to, participation in a formal RBS training program. For the purposes of this subsection, “formal RBS training program” shall mean any program from a list of vendors or programs approved by the Santa Cruz police department.

4. The applicant may be required to have employees be at least twenty-one years of age to sell and serve alcohol.

5. The zoning administrator, and the planning commission or city council on appeal, shall have the right to impose additional conditions as are necessary or advisable for the protection of the public health, safety and welfare.

6. All establishments shall be required to have a public telephone listing.

7. The applicant must bear the cost of modifications or cease operations if, subsequent to the approval of an administrative use permit, it is determined pursuant to Section 24.12.1110 that the establishment constitutes a public nuisance.

8. Special Requirements for Eating and Drinking Establishments.

a. Food must be available at all hours that the establishment is open for business; however, the full kitchen need not be open or staffed;

b. Special security measures such as security guards and burglar alarm systems may be required.

9. Special Requirements for Tasting Rooms.

a. The area dedicated to tastings shall be incidental or appurtenant to the manufacturing use of the site. The size of a tasting room shall occupy no more than twenty percent of the gross building floor area or one thousand square feet, whichever is less. The public tasting area within an off-site tasting room shall be limited to five hundred square feet maximum. The calculated size of a tasting area shall be exclusive of bathroom facilities.

b. A tasting room must operate as an individual business and may only share a use with a bona fide restaurant.

c. The product served shall be manufactured by the tenant or property owner and no other products shall be consumed by guests in the tasting room with the exception of snacks and nonalcoholic mixers/sodas for use with spirits.

d. Tastings shall not be served in greater than four ounce pours and shall be limited to one taste of each product/variety per guest unless the ABC licensing is different, in which case the ABC limits shall apply.

e. The hours of operation of a tasting room shall not extend past 10:00 p.m.

f. A tasting room may include incidental live entertainment only.

g. Public and private events require prior approval of an event or entertainment permit from the city police department unless the event is permitted with an existing use permit or entertainment permit.

10. Special Requirements for Off-Sale Establishments.

a. The operation of video or any other electronic games may be prohibited in conjunction with the sale of alcoholic beverages;

b. If the establishment is located in a shopping center, the sale of alcoholic beverages for consumption on appurtenant common areas may be prohibited;

c. Litter and trash receptacles shall be located at convenient locations inside and outside establishments, and operators of such establishments shall remove litter and debris on a daily basis; and

d. Paper or plastic cups shall not be sold in quantities less than their usual and customary packaging.

(Ord. 2017-11 § 5, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1108 MODIFICATION OF EXISTING ESTABLISHMENTS SELLING ALCOHOLIC BEVERAGES.

1. Any establishment lawfully existing prior to the effective date of the ordinance codified in this section and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a special use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operation. For purposes of this part, “substantial change in the mode or character of operation” shall include, but not be limited to: (a) a pattern of conduct in violation of other laws or regulations; (b) an increase of twenty percent or greater of floor area in any five-year period to accommodate retail sale of alcoholic beverages for on-site and/or off-site consumption; or (c) either (1) in the case of an establishment which operates on property being acquired by the city by eminent domain or under threat of condemnation and which is required to discontinue or otherwise cease operation because of construction activities undertaken by the city, a period of closure for at least two years or six months after the city’s construction activities are completed so as to enable said use to resume, whichever is later, or (2) in any other case, a period of closure for at least six months; or (d) there is a request to add dancing, or there is request for a major extension of hours or changes related to type of entertainment.

2. Any establishment which becomes lawfully established on or after the effective date of the ordinance codified in this part and licensed by the state of California for the retail sale of alcoholic beverages for on-site and/or off-site consumption shall obtain a modification of use permit when (a) the establishment changes its type of liquor license within a license classification and/or (b) there is a substantial change in the mode or character of operations of the establishment.

(Ord. 2022-18 § 19, 2022; Ord. 2017-11 § 6, 2017: Ord. 2010-02 § 1 (part), 2010: Ord. 2000-19 § 2, 2000: Ord. 98-13 § 2, 1998: Ord. 95-03 § 1 (part), 1995).

24.12.1110 EXISTING USES DEEMED APPROVED.

Any high- or low-risk alcohol outlet lawfully in existence at the time that the ordinance codified in this part becomes effective shall be deemed approved for such use. However, if the zoning administrator determines, after notice and a hearing in accordance with Sections 24.12.1112 and 24.12.1114, that the failure to adhere to any requirement imposed upon new or expanded uses pursuant to this part is creating a public nuisance, or that such use constitutes a public nuisance in accordance with any other provision of the Santa Cruz Municipal Code, the zoning administrator may impose additional conditions upon the operation of such use as are necessary to abate the nuisance. Such measures may include, but shall not be limited to, any of the specific requirements set forth herein for new high- or low-risk alcohol outlets, and, if necessary, suspension of alcohol sales or revocation of the deemed approved status and discontinuance of the use.

(Ord. 2015-06 § 2, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1112 MODIFICATION, DISCONTINUATION OR REVOCATION.

Notwithstanding any provision of the Santa Cruz Municipal Code to the contrary, for any use permit granted in accordance with the provisions of this part or any deemed approved use subject to this part, the zoning administrator may require the modification, suspension, discontinuance or revocation of any such use permit or deemed approved use, in accordance with the procedures set forth in Section 24.12.1114, if the zoning administrator determines that the use as operated or maintained constitutes a public nuisance. Such a determination shall be made if the zoning administrator determines that any of the following conditions, all of which are hereby declared a public nuisance, exist:

a. Any condition which has caused or resulted in repeated activities which are harmful to the health, peace or safety of persons residing or working or visiting in the surrounding area, as well as to consumers, including, but not limited to, disturbances of the peace, illegal drug activity, public drunkenness, drinking in public, harassment of passersby, gambling, prostitution, sale of stolen goods, public urination, theft, assaults, batteries, acts of vandalism, loitering, excessive littering, illegal parking, excessively loud noises (especially in the late night or early morning hours), traffic violations or traffic safety based upon last-drink statistics, curfew violations, lewd conduct, police detention and arrests, alcohol sales to minors or inebriates, or other conduct detrimental to public health and safety; or

b. Any condition which violates any provision of this part or any other city, state, or federal regulation, ordinance or statute, where the violation creates a public nuisance.

(Ord. 2015-06 § 3, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1114 PROCEDURES, NOTICES, HEARINGS, APPEALS.

1. The police chief or city attorney may give notice to the record owner and lessee of the real property affected to appear at a public hearing before the zoning administrator, at a time and place set forth in the notice, and show cause why the use should not be modified, suspended, discontinued or revoked, as the case may be. A written notice shall be sent by certified mail not less than fourteen days prior to the date of hearing to the owner and lessee of the property involved, and by regular mail or other means to the owners and residents of all property within and outside of the city that is within six hundred feet of the exterior boundaries of the properties involved.

2. After such notice and hearing, the zoning administrator may require the modification, suspension, discontinuance, or revocation of the subject use. As part of any such action, the zoning administrator may impose such conditions as the zoning administrator deems appropriate, including those necessary to protect the public health and safety and the best interest of the surrounding property or neighborhood, and so as to eliminate, lessen, or prevent any detrimental effect thereon, or to assure compliance with other applicable provisions of law.

3. Any such action shall be supported by written findings, including a finding that the action taken does not impair the constitutional rights of any person. However, the zoning administrator may require that a use be discontinued or revoked only if the zoning administrator also finds that:

(a) Prior efforts to compel the owner or lessee to eliminate the problems associated with the use have failed; and

(b) That the owner or lessee has failed to demonstrate, to the satisfaction of the zoning administrator, the willingness and ability to eliminate the problems associated with the use.

4. Notwithstanding Section 24.04.181, any decision of the zoning administrator made pursuant to this section shall be appealable directly to the city council in accordance with the procedures set forth in Sections 24.04.182, 24.04.183, 24.04.184 and 24.04.185.

(Ord. 2015-06 § 4, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

24.12.1116 ENFORCEMENT.

The city attorney is hereby authorized and directed to enforce all orders issued by the zoning administrator, and city council on appeal, in accordance with the procedures set forth in Title 4, in addition to any other remedies available by law.

(Ord. 2015-06 § 5, 2015: Ord. 2010-02 § 1 (part), 2010: Ord. 95-03 § 1 (part), 1995).

PART 13: VEHICLE REPAIR IN RESIDENTIAL DISTRICTS

24.12.1200 VEHICLE REPAIR ALLOWED.

Minor and major vehicle repair as defined in this title shall be allowed on any lot in residential districts as provided below:

(1) Not more than two vehicles registered to or owned by occupants of a dwelling unit on the site where repair is being done shall be undergoing repair at any given time. Not more than six vehicles and not more than two of those six at a time, not owned by or registered to the current occupant of the site where the work is being done, may be repaired per calendar year.

(2) Minor vehicle repair as defined in Section 24.22.883(2) may be performed outside a fully enclosed building in yard areas visible from the street only when the elapsed time between beginning and completion of the repair does not exceed seven consecutive days. Major vehicle repair as defined in Section 24.22.883(1) shall be performed only on a vehicle that is entirely inside a fully enclosed building or carport.

(3) Parts and materials used in vehicle repair shall not be stored in the front or side yards visible to the public. Disposal of material related to vehicle repair shall be in accordance with all applicable laws and regulations, including but not limited to Section 24.14.274.

(4) Minor or major vehicle repair may be allowed as provided by other sections of this title and conditions of permit approvals.

(Ord. 96-03 § 1, 1996).

PART 14: COMMERCIAL MEDICAL AND ADULT USE CANNABIS REGULATIONS*

* Prior ordinance history: This Part 14 was originally derived from Ords. 2000-12, 2010-08, 2010-15 and 2016-12. This part was amended in its entirety by Ord. 2017-21.

24.12.1300 PURPOSE.

The state of California decriminalized the use of medical marijuana under the Compassionate Use Act of 1996. The adult use of nonmedical marijuana was approved by the voters in the state in 2016 through the passage of the Control, Regulate and Tax Adult Use of Marijuana Act (AUMA), modified and updated in 2017 by Senate Bill No. 94 and Assembly Bill No. 133. The regulations contained in this chapter are established to provide direction and to protect the community from negative impacts related to commercial cannabis uses, both medical (medicinal) and adult use (recreational), consistent with state law and the will of the voters of the city. These regulations shall apply to all commercial cannabis businesses, including both for-profit and nonprofit.

(Ord. 2017-21 § 7 (part), 2017).

24.12.1310 ADMINISTRATIVE USE PERMIT REQUIRED.

(a) All commercial cannabis uses allowed within the city must be authorized pursuant to the procedures described in Section 24.08.030 for administrative use permits with the exception of testing laboratories, which are principal permitted uses in IG and IG/PER-2 Districts. So long as state law and/or regulation requires the city to permit delivery by businesses located anywhere within the state, delivery services performed by businesses located outside the county of Santa Cruz are also exempted from this requirement; otherwise, delivery by businesses located outside Santa Cruz County is not permitted within the city, with or without a permit. Legal retail delivery businesses located within any jurisdiction within Santa Cruz County may deliver within the city if they are licensed to do so by the state and the jurisdiction in which they are located. Such businesses may be required to obtain a city of Santa Cruz business license per Chapter 5.04, Business Licenses and Fees, and, if located within the city of Santa Cruz, must also have a valid cannabis retailer license.

(b) Each commercial cannabis business shall meet the siting criteria and performance standards described in other sections of this chapter in addition to: (1) the other requirements of the zoning districts in which they are located; (2) the licensing requirements set forth in Chapter 6.91; and (3) other state and local laws and regulations. For properties with multiple tenant spaces, separate use permits are required for each separate business unless a master use permit is approved per Section 24.08.027.

(c) Each and every provision made in this section shall be deemed independent and severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion thereof shall not affect the validity or enforceability of any other provision thereof.

(Ord. 2022-17 § 1, 2022; Ord. 2019-07 § 1, 2019: Ord. 2017-21 § 7 (part), 2017).

24.12.1320 USE TYPES – SITING CRITERIA.

1. Cultivation. Commercial cultivation of cannabis is allowed in General Industrial (I-G) and General Industrial Performance (IG/PER-2) Districts subject to the approval of an administrative use permit and the obtaining of an appropriate state license for indoor cultivation of less than ten thousand square feet. Such cultivation within the city shall not be subject to the state’s locational restrictions per the state of California Business and Professions Code Section 26054(b); however, the premises of any cultivation facility shall be kept locked and secured at all times. Cannabis cultivation is limited to no more than ten thousand square feet and must be contained within a permanent building.

2. Distribution and Warehousing. Cannabis distribution and warehousing uses are allowed in General Industrial (I-G) and General Industrial Performance (IG/PER-2) Districts subject to the approval of an administrative use permit and the obtaining of a distribution license from the state of California. Distribution and warehousing within the city shall not be subject to the state’s locational restrictions per the state of California Business and Professions Code Section 26054(b); however, the premises of any distribution and warehousing facility shall be kept locked and secured at all times.

3. Testing Laboratories. Cannabis testing laboratories are allowed in the General Industrial (I-G) and General Industrial Performance (IG/PER-2) Districts subject to obtaining a state license for testing laboratories. Testing laboratories shall not be combined with any other cannabis use and no proprietor, partner, or employee of a testing laboratory may own, work for, or be a partner in any other licensed cannabis business. Testing laboratories are not subject to the state’s locational restrictions per the state of California Business and Professions Code Section 26054(b); however, the premises of any cannabis testing facility shall be kept locked and secured at all times.

4. Manufacturing. Cannabis manufacturing facilities are allowed in General Industrial (I-G) and General Industrial Performance (IG/PER-2) Districts subject to the approval of an administrative use permit and the obtaining of a state cannabis manufacturing license. Manufacturing facilities with Level 1 state licenses (using only nonvolatile or no solvents) within the city shall not be subject to the state’s locational restrictions per the state of California Business and Professions Code Section 26054(b); however, the premises of any cannabis manufacturing facility shall be kept locked and secured at all times. Manufacturing facilities with Level 2 state licenses (those that use volatile solvents) shall not be located within six hundred feet, as measured from the property lines, from any school providing instruction in kindergarten or any grades one through twelve, day care center, or youth center (as defined in the state of California Health and Safety Code Section 11353.1) that is in existence at the time the state license for the facility is issued.

5. Cannabis Retail Sales. Cannabis retail sales, including both medical (medicinal) and adult use (recreational) cannabis, for-profit or nonprofit, are allowed in Community Commercial (C-C), Thoroughfare Commercial (C-T), General Industrial (I-G), and General Industrial Performance (IG/PER-2) Districts with approval of an administrative use permit and city cannabis retailer license per Chapter 6.91, and the obtaining of a state cannabis retailer or nonprofit license. Cultivation, manufacturing, and distribution functions of cannabis businesses holding state microbusiness licenses are allowed in General Industrial (I-G) and General Industrial Performance (IG/PER-2) Districts only with an administrative use permit. Retail sales for cannabis businesses holding state microbusiness licenses shall follow all zoning district use and locational criteria and shall obtain both an administrative use permit and a city cannabis retailer license.

Cannabis retail sales facilities, including nonprofit and microbusiness, shall not be located within six hundred feet, as measured from the property lines, from any school providing instruction in kindergarten or any grades one through twelve, day care center, or youth center (as defined in the state of California Health and Safety Code Section 11353.1) that is in existence at the time the state license for the facility is issued. In addition, no new retail sales facility, including a business holding a nonprofit or state microbusiness license, shall be located within six hundred feet from an existing cannabis retail sales facility.

(Ord. 2019-07 § 2, 2019: Ord. 2017-21 § 7 (part), 2017).

24.12.1330 EXCEPTION.

The zoning administrator, or planning commission or the city council on appeal, may grant an exception to the six-hundred-foot distance requirement between a cannabis retail sales facility or a manufacturing facility with a Level 2 state license and other uses as noted above only if findings are made that the general public benefit that could be served by the issuance of the administrative use permit would outweigh concerns regarding intensity of use, land use compatibility, and public health and safety. The burden of proof is on the applicant to demonstrate that the overall effect would be positive.

(Ord. 2017-21 § 7 (part), 2017).

24.12.1340 PERFORMANCE STANDARDS.

Commercial cannabis businesses, once permitted, shall meet the following operating procedures and performance standards for the duration of the use:

1. The business shall meet all the operating criteria, including security procedures, for the cultivation, distribution and warehousing, manufacturing, testing, and retail sales of cannabis and cannabis products as may be required by the state of California, the Santa Cruz city council and police department, and/or the county health department or their designee.

2. No product shall be smoked, ingested, or otherwise consumed on the premises.

3. The hours of operation shall be limited to no more than 7:00 a.m. to 10:00 p.m., dependent upon the specific site characteristics and conditions of approval of the administrative use permit issued for the site. All cannabis retailer businesses holding an administrative use permit prior to October 13, 2020, are allowed to operate and be open to the public until 10:00 p.m. despite the operating hours stated in their original administrative use permit conditions of approval that limit the business to an earlier closure. In general, no cannabis retail business shall open earlier or close later than the other businesses in the vicinity.

4. The business shall prevent loitering by persons outside the establishment, either on the premises or within fifty feet of the premises.

5. A cannabis retail business shall provide litter removal services each day of operation on and in front of the premises and, if necessary, on public sidewalks within fifty feet of the premises.

6. Cannabis businesses shall contain an air filtration system to regulate odor.

7. All exhaust fans directing air outside shall be secured to prevent forced entry to the facility.

8. The business shall provide adequate security on the premises to ensure the safety of persons and to protect the premises from theft. All security shall, at a minimum, meet the requirements of state law for cannabis businesses as well as any additional requirements included as conditions of approval for the site use permit. Minimum city security requirements include:

a. Security alarms for the building that include motion activation and manual activation capabilities;

b. Exterior security lights that provide three-hundred-sixty-degree coverage around the perimeter of all buildings while meeting the performance standards in the zoning ordinance;

c. Exterior security cameras that provide three-hundred-sixty-degree coverage around the perimeter of all egress and ingress into the building. The security camera system shall have the capability to provide the recordings to police within twenty-four hours;

d. Interior cameras within the business itself that cover the doors, windows, and the sales counter area of the business;

e. Doors leading into the vestibules and all rooms used for growing and processing (drying) cannabis must be steel and have a bolt lock or key pad lock;

f. All rooms used for growing and processing shall be fire-rated, with solid-core doors, and shall remain locked;

g. All doors and windows shall be fortified and levered windows replaced with solid windows that have a security coating to prevent illegal entry; and

h. Cannabis retail businesses that are open to the public shall provide an on-site security guard during business hours and adequate security on the premises, including lighting and alarms, to ensure the safety of persons and to protect the premises from theft.

All security procedures and systems shall be reviewed and approved by the police department.

9. Exterior lighting of the parking area shall be kept at a sufficient intensity so as to provide adequate lighting for patrons and employees, while not disturbing surrounding residential or commercial areas.

10. All signage and advertising shall comply with the state of California Business and Professions Code Sections 26150 through 26155 and any modifications or relocations of these code sections. In addition, any form of advertisement or signage that includes pricing of cannabis and cannabis products, details related to specific cannabis products, or photography or graphics of the cannabis plant or cannabis products is prohibited except on a dedicated business website accessible only through an age gate portal. Other than the above-noted restrictions related to pricing, specific cannabis products, photography, and graphics, signage shall be regulated by Part 4, Advertising Devices, Signs and Billboards, of this chapter, Community Design. The above-noted restrictions related to pricing, specific cannabis products, photography, and graphics apply to consumer advertising and signage and do not apply to direct, business-to-business advertising that is not available to the general public.

11. The business shall provide the zoning administrator, the chief of police, and all neighbors located within fifty feet of the establishment with the name, phone number, and facsimile number of an on-site community relations staff person to whom notice can be provided if there are operating problems associated with the establishment. The business shall make every good faith effort to encourage neighbors to call this person to try to solve operating problems, if any, before any calls or complaints are made to the police department or the zoning administrator.

12. The business shall post a copy of the conditions of approval for the administrative use permit on the premises in a place where it may be readily viewed by any member of the general public. A copy of the city cannabis retailer license (for retail businesses) and the state cannabis license (for all cannabis businesses) shall also be posted in a prominent position on the premises.

13. The business shall meet any specific additional operating procedures and measures as may be imposed as conditions of approval by the zoning administrator at the time of issuance of the administrative use permit in order to ensure that the business will be a good neighbor.

14. In addition to the required application materials, the business shall submit an operations manual to describe the operation of the facility in conformance with these performance standards and the requirements of state law. The operations manual shall be consistent with the operations plan submitted to the state in the business’s state license application.

15. To offset power consumption, the business shall install solar panels to provide as much power as possible for the indoor cultivation and manufacturing of cannabis and cannabis products. Businesses that can demonstrate low power usage or that use power from clean energy sources may be excused from this requirement. Commercial cannabis businesses shall meet the city’s green building requirements.

16. Trash containing cannabis and cannabis products or byproducts shall be disposed of securely. The business owner shall work with the police department and the city’s waste/recycling program to create a process for safe and secure disposal of waste materials.

17. A cannabis business is not allowed as an accessory use to any other principal, special, or conditional use. All cannabis businesses are subject to the applicable administrative use permit and cannabis retailer license requirements.

18. A cannabis business shall not be operated as a home occupation.

(Ord. 2020-23 § 7, 2020; Ord. 2018-15 § 1, 2018; Ord. 2017-21 § 7 (part), 2017).

24.12.1350 FINDINGS.

In approving an administrative use permit, it shall be determined by the hearing body that all of the following apply:

1. The proposed use complies with all of the mandatory requirements of this section and other applicable sections of this code and applicable policies of the General Plan and local coastal program if located within the Coastal Zone;

2. The proposed use will not adversely affect the health, safety, or welfare of area residents, businesses, or uses; will not result in an undue concentration of cannabis businesses in any one neighborhood or district; and will not be located within proximity of an incompatible use, such as a children’s school, daycare facility, or youth center;

3. The operational characteristics of the proposed use, including but not limited to hours of operation, noise, odor, amount and location of parking, signage, loitering, and litter, will not have a negative impact upon the surrounding area;

4. The proposed use is compatible with the sizes and types of other neighboring uses in the surrounding area, particularly those used primarily by persons under the age of eighteen;

5. The proposed use is not located in what has been determined by the Santa Cruz police department to be a high-crime area, where a disproportionate number of police service calls occur, or where there is currently parking congestion; and

6. The proposed use shall meet all the building, electrical, and fire code requirements for such occupancy.

(Ord. 2017-21 § 7 (part), 2017).

24.12.1360 CONDITIONS.

The zoning administrator, or planning commission or city council on appeal, may deny any application which is inconsistent with the above-noted findings, or may impose any additional conditions on the applicant or proposed location reasonably related thereto, or to the health, safety, or welfare of the community, in addition to the specific requirements set forth in this section. No use permit shall be approved for any individual or business that owes back taxes to the city unless those taxes are paid prior to the approval of the use permit.

(Ord. 2017-21 § 7 (part), 2017).

24.12.1370 VIOLATIONS AND ABATEMENT.

The zoning administrator may issue a cease and desist order or “stop order” for all activities subject to the administrative use permit for any establishment deemed by the zoning administrator to be in violation of any condition of approval of the administrative use permit or to otherwise constitute a public nuisance. The stop order shall be in effect immediately, pursuant to the procedures of Section 24.04.221. Upon issuance of the stop order, the zoning administrator shall schedule a public hearing to consider the revocation of the administrative use permit pursuant to Section 24.04.225.

(Ord. 2017-21 § 7 (part), 2017).

24.12.1380 EXPIRATION.

An administrative use permit for a cannabis business shall expire if not exercised within one year of approval. Once a permit has been exercised, it remains effective unless terminated (including through expiration as discussed below) or modified, but shall expire and become void where the use has ceased for a period of six consecutive months, whether or not it is the intent of the business and/or property owner to abandon the use. Should a business operating with an approved use permit continue to operate after losing or failing to renew a state or city license, the business shall be considered to have ceased operating upon the date that the state or city license is lost or expires even if the business operator continues operations without the license. If the business fails to obtain or renew the necessary license(s) within six months of the date the license(s) is (are) lost or expire, the use permit shall expire and become void.

(Ord. 2017-21 § 7 (part), 2017).

24.12.1390 AUTOMATIC EXPANSION OF EXISTING USE PERMITS FOR MEDICAL MARIJUANA PROVIDER ASSOCIATION DISPENSARIES.

At the time that these regulations are adopted, the city has two existing use permits for medical marijuana provider association dispensaries, formed under the prior regulations to meet state law at the time those regulations were adopted and the dispensaries established. To prevent the existing dispensaries from operating at a disadvantage to businesses established under the new regulations, the city shall automatically expand the existing use permits for those two businesses to allow the retail sale of adult use (recreational) cannabis. All other state and local laws, regulations, and ordinances apply to these businesses and they must apply for and receive city cannabis retailer licenses and state retail licenses prior to selling adult use (recreational) cannabis and cannabis products.

(Ord. 2017-21 § 7 (part), 2017).

PART 15: WIRELESS TELECOMMUNICATIONS FACILITIES

24.12.1400 PURPOSE.

The purpose of these regulations is to provide a uniform and comprehensive set of standards for the development, siting and installation of wireless telecommunications facilities. The regulations contained herein are designed to protect and promote public safety, community welfare, and the aesthetic quality of the city, while at the same time not unduly restricting the development of wireless telecommunications facilities, and not unreasonably discriminating among wireless telecommunications providers of functionally equivalent services in accordance with the guidelines and intent of the Telecommunications Act of 1996.

These regulations are further intended to:

A. Require the location of new monopoles, towers and antennas in non-residential zoning districts unless technically necessary for provision of the service.

B. Require wireless telecommunications facilities to be designed in a way to minimize adverse visual impacts.

C. Encourage co-location of facilities.

D. Protect the public’s interest in the safe operation of public safety, emergency and medical services.

E. Protect the public from exposure to electromagnetic frequency or radio frequency radiation in excess of federal standards.

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

(Ord. 2004-27 § 1 (part), 2004).

24.12.1405 DEFINITIONS.

A. As used in this chapter, the following terms shall have the meaning set forth below, unless the context clearly dictates a different meaning.

1. “Amateur radio facilities” means antennas and related equipment for the purpose of self-training, intercommunication, or technical investigations carried out by an amateur radio operator who operates without commercial interest, and who holds a written authorization from the Federal Communications Commission to operate an amateur radio facility.

2. “American National Standards Institute” or “ANSI” means a private organization that develops widely accepted standards for various modern-day equipment.

3. “Antenna” means a device or system of wires, poles, rods, dishes, discs or similar devices used for the transmission and/or receipt of electromagnetic waves.

4. “Base transceiver station” or “BTS” means the electronic equipment housed in cabinets that together with antennas comprises a PCS facility or “site.” The cabinets include an air conditioning unit, heating unit, electrical supply, telephone hook-up and back-up power supply.

5. “California Public Utility Commission” or “CPUC” means the state-level regulatory agency responsible for regulating wireless telecommunications.

6. “Cell” means the coverage area through which wireless receiving and transmitting equipment from a particular cell site successfully propagates.

7. “Cell site” means a parcel of real property or public right-of-way on which a wireless telecommunications facility is to be located.

8. “Co-location” means a wireless telecommunications facility comprising a single telecommunications tower, monopole or building supporting antennas owned or used by more than one wireless telecommunications carrier.

9. “Direct-to-home” generally means the distribution or broadcasting of programming or services by satellite directly to the subscriber’s premises without the use of ground receiving or distribution equipment, except at the subscriber’s premises.

10. “Facade-mounted antenna” means an antenna that is directly attached or affixed to any facade of building.

11. “Feasible” means, for the purpose of this part, capable of being accomplished in a successful manner within a reasonable period of time, taking into account environmental, social, and technological factors.

12. “Federal Communications Commission” or “FCC” means the federal agency responsible for licensing and regulating wireless telecommunications providers. The agency has primary regulatory control over communications providers through its powers to control interstate commerce and to provide a comprehensive national system in accordance with the Federal Communications Act.

13. “Freestanding monopole” means a structure composed of a single spire used to support communications equipment.

14. “Ground-mounted” means an antenna with its support structure placed directly on the ground.

15. Monopole. See “Freestanding monopole.”

16. “Non-ionizing electromagnetic radiation” or “NIER” means low energy and low frequency electromagnetic energy, including visible light, television, pagers, AM/FM radio, cellular systems, enhanced specialized mobile radio (ESMR) systems and personal communications services (PCS) systems.

17. “Omni-directional” means an antenna that is equally effective in all directions (three hundred sixty degrees) and is typically cylindrical in shape, the size of which varies with the frequency for which it is designed. Whip antennas are often referenced by this name.

18. “Panel antenna” means an antenna or array of antennas designed to concentrate a radio signal in a particular area. Panel antennas are typically flat, rectangular, long devices generally three square feet in size, although some technologies utilize larger panel antennas. Also known as “directional antennas.”

19. “Roof-mounted” means an antenna directly attached or affixed to the roof of an existing building, water tank, tower or structure other than a telecommunications tower. This type of installation is sometimes called a “freestanding roof mounted antenna.”

20. “Service provider” means a wireless telecommunications provider, a company or organization, or the agent of a company or organization that provides wireless telecommunications services.

21. “Significant gap” means a gap in the service provider’s own wireless telecommunications facilities, as defined in federal case law interpretations of the Federal Telecommunications Act of 1996.

22. “Small cell facilities” means, pursuant to 47 CFR 1.6002, any facilities that meet each of the following conditions:

1. The facilities:

a. Are mounted on structures fifty feet or less in height including their antennas; or

b. Are mounted on structures no more than ten percent taller than other adjacent structures; or

c. Do not extend existing structures on which they are located to a height of more than fifty feet or by more than ten percent whichever is greater;

2. Each antenna associated with the deployment, excluding associated antenna equipment (as defined in the definition of antenna), is no more than three cubic feet in volume;

3. All other wireless equipment associated with the structure, including the wireless equipment associated with the antenna and any preexisting associated equipment on the structure, is no more than twenty-eight cubic feet in volume;

4. The facilities do not require antenna structure registration by the FCC;

5. The facilities are not located on tribal lands, as defined under 36 CFR 800.16(x); and

6. The facilities do not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.

23. “Small cell aesthetic/design standards” means the aesthetic and design standards for small cell wireless facilities adopted by the city council.

24. “Stealth facility” means any telecommunications facility which is designed to blend into the surrounding environment and is visually unobtrusive. Examples of stealth facilities may include architecturally screened roof-mounted antennas, facade-mounted antennas painted and treated as architectural elements to blend with the existing building, or elements designed to appear as vegetation, trees, or commonly expected structures for the area in question. Also known as “concealed telecommunications facilities.”

25. “Stealth technologies/techniques” means camouflaging methods applied to wireless telecommunications facilities which render them visually inconspicuous.

26. “Telecommunications” means any transmission, emission or reception of signals, images and sound or information of any nature by wire, radio, visual or electromagnetic system that work on a “line-of-sight” principle.

27. “Telecommunication tower” means a monopole, lattice tower, freestanding tower or other structure designed to support antennas.

28. “Visual impact” means the placement or design of an antenna or the associated equipment and/or buildings such that they are not screened or shielded or are plainly visible and are likely to be noticeable or otherwise conspicuous.

29. Whip antenna. See “Omni-directional.”

30. “Wireless telecommunications facility” means a land use facility that sends and/or receives radio frequency signals. Wireless telecommunications facilities include antennas and all other types of equipment for the transmission or receipt of such signals; telecommunication towers or similar structures built to support such equipment; equipment cabinets, base transceiver stations, and other accessory development. Also referred to as a “telecommunication facility.”

31. “Wireless telecommunications provider” means any company or organization that provides or who represents a company or organization that provides wireless telecommunications services.

(Ord. 2022-07 § 1, 2022; Ord. 2019-06 § 1, 2019: Ord. 2004-27 § 1 (part), 2004).

24.12.1410 APPLICABILITY.

A. These regulations shall apply to all property owned by private persons, firms, corporations or organizations, and property owned by the city, and property owned by any agencies of the city, or by any local, state, or federal government agency or political subdivision thereof required to comply with local government regulations or by written agreement.

B. These regulations (Chapter 24.12, Part 15) shall not apply to the following facilities:

1. Amateur radio facilities as provided in 47 CFR Part 97.

2. Over the air receptions devices (OTARDs) as defined and further provided in 47 CFR 1.4000, et seq.

3. Wireless telecommunication facilities used solely for public safety purposes, installed and operated by authorized public safety agencies (e.g., county 911 emergency services, police, sheriff, fire departments, first responder medical services, hospitals, etc.) and incorporating stealth technologies.

4. Small cell facilities located in the public right-of-way outside the coastal zone, which are subject to the requirements of Chapter 15.38.

5. Any other antennas and wireless communications facilities identified by the FCC or the CPUC as exempt from local regulations.

(Ord. 2022-07 § 2, 2022; Ord. 2019-06 § 2, 2019: Ord. 2004-27 § 1 (part), 2004).

24.12.1415 PERMIT REQUIREMENTS AND FINDINGS.

A. Unless a coastal exclusion or exemption as defined in Sections 24.08.230 through 24.08.230.2 applies, and in addition to any other required permit or authorization, a coastal permit shall be required for all wireless telecommunication facilities located within the coastal zone, as follows:

1. For all wireless telecommunication facilities other than small cell facilities located in the public right-of-way as specified in subsection (A)(2), the coastal permit shall be governed by the findings and standards in the Local Coastal Program (LCP), including, but not limited to, Chapter 24.08, Part 3, as well as the standards and findings specified herein at Chapter 24.12, Part 15.

2. For small cell facilities in the public right-of-way, the coastal permit shall be governed by the findings and standards in the LCP, including, but not limited to, Section 24.08.200 et seq., as well as the standards and findings specified herein at Sections 24.12.1425 and 24.12.1434. City approval of the coastal permit may be appealed directly to the California Coastal Commission (as further provided in Section 24.04.186).

In case of conflict between the coastal permit and any other permit or authorization, the requirements of the coastal permit shall prevail.

B. Any proposed facade-mounted or roof-mounted wireless telecommunications facility (other than small cell facilities located in the public right-of-way, which are covered by Sections 24.12.1425 and 24.12.1434) that is determined by the zoning administrator to be consistent with all of the requirements of this part, and that incorporates stealth technologies and/or is not visible from public areas, shall require a design permit from the zoning administrator based on the following findings:

1. The wireless telecommunications facility has demonstrated consistency with Sections 24.12.1430 and 24.12.1435 (as applicable).

2. The wireless telecommunications facility has been located and designed so as to be compatible with the purpose of this part and the goals and objectives of the General Plan and the Local Coastal Program (if applicable).

3. The wireless telecommunications facility is in compliance with all FCC and California PUC standards and requirements and with all other applicable requirements of this part.

C. Small cell facilities located in the public right-of-way within the coastal zone are exempt from the requirements of subsections (B) and (D), regarding design permit and administrative use permit requirements. Instead, such small cell facilities shall require, in addition to a coastal permit as specified in subsection (A)(2), the following:

1. A small cell wireless facilities permit in compliance with Chapter 15.38 and the city’s small cell aesthetic/design standards;

2. A master license agreement, in a form approved by the city attorney for the use of a city pole in a specified license area, and shall pay a license fee subject to the city’s fee schedule, if any small cell facilities are proposed to be installed on a city pole controlled by the city and located within the public right-of-way. Any applicant seeking a master license agreement shall pay a master license agreement administrative fee subject to the city’s fee schedule to reimburse the city for reasonable costs in connection with its preparation, review of, and action upon the request for such an agreement. The absence of a city-approved master license agreement shall be an independently sufficient basis to deny any application for a small cell facility on such a city pole.

D. All wireless telecommunications facilities that do not meet the criteria defined in subsection (B) or (C) above, shall require an administrative use permit with a public hearing before the zoning administrator, in addition to a design permit with the required findings provided in subsection (B) above.

E. In approving an application, the city may impose such conditions as it deems appropriate or necessary to further the purposes of this chapter, including, but not limited to, requiring the redesign or relocation of the facility. Alternatively, the city may direct the applicant to resubmit a revised proposal for further consideration.

F. Minor modifications to wireless telecommunications facility equipment design, location, height, and other elements may be allowed, subject to the approval of the zoning administrator, if such modifications are in keeping with the architectural statement and layout design of the original approval, and meet the requirements of this chapter.

(Ord. 2022-07 § 3, 2022; Ord. 2004-27 § 1 (part), 2004).

24.12.1420 SUBMITTALS.

A. In addition to meeting standard application submittal requirements for all proposed wireless telecommunications facilities, the wireless telecommunications provider shall provide the following with their application:

1. Site Plan. Provide a site plan that shows the location and the relationship of the proposed telecommunications antennas, base transceiver stations, equipment cabinets and buildings and appurtenant structures to the location of existing features of the site including existing structures, roads, landscaping, trees and other significant natural and constructed features and to structures on adjacent properties.

2. Elevations. Provide elevations of all proposed communication structures and appurtenances and composite elevations from the street of all structures on site, including screening.

3. Section Drawings. Provide section drawings (elevations) of all proposed communication structures and appurtenances and composite elevations from the street of all structures on site, including screening.

4. Visual Analysis. Provide a visual impact analysis including before and after photo simulations from various locations and/or angles from which the public would typically view the site, and a map depicting where the photos were taken. Where the installation would be readily visible from the public right-of-way or from surrounding properties, the application shall include an explanation as to why, if screening or other techniques to minimize visibility are not proposed, such approaches to reduce the visibility of the installation would not be effective. The zoning administrator may require the submission of photo overlays, scaled models, renderings, and/or field mock-ups to assess any potential visual impact including proper coloration and blending of the facility with the proposed site.

5. Existing and Future Facilities Map. Provide a map, to scale, of the wireless telecommunications provider’s existing and planned facilities and service area(s), including information about the location, height and design, coverage, and significant gaps within the city limits and within one mile therefrom.

6. Miscellaneous and Appurtenant Structures. Provide in all relevant plans all facility related structures and support equipment to be installed. This includes, but is not limited to, the location(s) and method(s) of placement, support, protection, screening, paint and/or other treatments of the antennas, base transceiver stations, equipment cabinets and buildings, cables, and other appurtenances.

7. Screening Techniques. Provide a report describing the proposed means of visually screening unsightly public views of facilities, including submittals of sample exterior materials and colors of towers, antennas, accessory structures (such as equipment cabinets and structures), and security walls. This statement should include a justification of why the proposed height and visual impact of the wireless telecommunications facility cannot be reduced.

8. Equipment Inventory. Provide the number, type and dimensions of antennas, equipment cabinets, and related facilities proposed for use by the wireless telecommunications provider. The size of equipment cabinets and related facilities are not required if the cabinets and related facilities are located completely underground or entirely within a building, not including an equipment cabinet.

9. Structural Engineering Report. Provide a report from a structural engineer, licensed by the state, regarding the number and type of antennas that the proposed or existing structure is designed to support.

10. Site Selection Process. Provide a report indicating whether, and why, each site identified is essential for completion of the wireless telecommunications provider’s coverage objective and need. This report should describe the site selection process including information about other sites which were considered that could service the same or similar coverage area and the reasons for their rejection.

11. Co-location. Provide a report indicating whether the facility could be co-located elsewhere and, if not, why co-location is not being proposed. This report should also state the wireless telecommunications provider’s commitment to allow other wireless telecommunications providers to co-locate antennas on their proposed facilities wherever structurally and technically feasible, and to demonstrate how the facilities have been designed to allow co-location of other carriers (if applicable). Additional information may be requested by the zoning administrator to aid in determining whether or not another wireless telecommunications provider could co-locate on/near their facilities if approved.

12. Federal Communications Commission Compliance. Provide a report prepared by a professional engineer registered in the State of California: (a) stating the power rating for all antennas and backup equipment proposed; (b) verifying that the system, including the antennas, and associated equipment cabinets/structures, conforms to the non-ionizing electromagnetic radiation (NIER) standards adopted by the Federal Communications Commission (FCC), including operating within its frequency assigned by the FCC; and (c) confirming that operation of the facilities, both individually and cumulatively if located adjacent to other wireless communications facilities, will not exceed all adopted FCC standards. The report should confirm that the proposed wireless telecommunications facility shall be operated in a manner, which complies with the FCC’s regulations regarding signal interference. FCC compliance information should be presented in a concise and easy-to-read format that clearly demonstrates in a non-technical manner the current site conditions, conditions with the proposed project, and FCC thresholds as they relate to all applicable emissions standards.

13. Easements. Provide information about any necessary easements.

14. Safety/Security Plan. Provide a report of the proposed measures to ensure that the public would be kept at a safe distance from any NIER transmission source associated with the proposed wireless communications facility, consistent with the NIER standards of the FCC or any potential future superseding standards. The submitted plans must show that the outer perimeter of the facility site (or NIER hazard zone in the case of rooftop antennas) will be posted with bilingual NIER hazard warning signage that also indicates the facility operator and an emergency contact who is available on a twenty-four-hour a day basis and is authorized by the applicant to act on behalf of the applicant regarding an emergency situation.

15. Maintenance and Monitoring Program. Provide a report to the zoning administrator, which describes in detail the maintenance and monitoring program for the facilities.

B. The zoning administrator may require the applicant to submit additional documentation, which the zoning administrator deems necessary to evaluate the proposed cell site or facility, including but not limited to the following:

1. Other Agency Permits and Licenses. Information sufficient to determine that the wireless telecommunications provider has applied for and received all applicable operating licenses or other approvals required by the FCC and California Public Utilities Commission to provide wireless telecommunications within the city.

2. Alternative Equipment Configuration. The types and range of sizes of antennas and equipment cabinets, which could serve as alternatives for use by the wireless telecommunications provider.

3. Site Selection Data. Technical data related to the site selection process.

4. Noise Impact Analysis. Provide noise and acoustical information for the base transceiver stations, equipment buildings and associated equipment such as air conditioning units and back-up generators.

5. Proof of Irrigation Facilities. Written proof of the availability of any required irrigation facilities on-site prior to permit issuance. This may be in the form of a letter from the owner of the land allowing the wireless telecommunications provider the use of required water facilities for landscaping.

6. Landscape Plan. A landscape plan may be required that shows existing vegetation, indicating any vegetation proposed for removal, and identifying proposed plantings by type, size, and location. This may be required depending on the potential visual impacts of ground-mounted equipment. If deemed necessary by the zoning administrator, an arborist’s report may be also required to verify that the existing landscaping will not be adversely affected by the installation of the facility. The arborist’s report may recommend protective measures to be implemented during construction.

7. Third-Party Technical Review. The applicant will pay the reasonable actual costs and a reasonable administrative fee for the city to hire an independent qualified radio frequency or electrical engineers to evaluate any technical aspect of the proposed telecommunication facility including, but not limited to, compliance with applicable federal emission standards, feasibility of collocation, need for proposed location and suitability of alternative sites, potential for interference with existing or planned public safety emergency response telecommunication facilities, or analysis of feasibility of alternative screening methods or devices. Any proprietary information disclosed to the city or the consultant in confidence (as noted by the applicant) shall, to the extent permitted by law, not be considered a public record and shall remain confidential and not be disclosed to any third party without the express consent of the applicant. The city shall return all proprietary information to the applicant and not retain any copies of such information once its decision is final.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1425 LOCATION STANDARDS.

A. Prohibited Zoning Districts. Wireless telecommunications facilities shall not be allowed in the zoning districts listed below, except as set forth in subsection (B). This prohibition shall also not apply to small cell facilities in the public right-of-way.

1. Single-Family Residence (RS, R-1).

2. Multiple-Family Residence (RL, RM, RH).

3. Beach Residential (RT(A), RT(D), RT(E)).

4. Ocean Front Recreational (OFR).

5. Flood Plain (FP).

6. Agriculture (EA-20).

B. Wireless telecommunications facilities may be sited in the prohibited zoning districts described in subsection (A) with an administrative use permit, in addition to any other required permits; provided, that the applicant can demonstrate to the zoning administrator that:

1. The proposed wireless telecommunications facility would eliminate or substantially reduce one or more significant gaps in the applicant carrier’s network; and

2. There are no viable, feasible, and environmentally (e.g., visually) equivalent or superior potential alternatives (i.e., sites/facility types) outside the prohibited zoning districts that could eliminate or substantially reduce said significant gap(s).

C. Location preference for all wireless telecommunications facilities should be given to the following locations:

1. Locations that do not adversely impact significant public views (e.g., of the beach, shoreline, ocean, natural areas, etc.).

2. Industrial or commercial sites.

3. Facilities attached or sited adjacent to existing structures. Appropriate types of existing structures may include but not be limited to buildings, traffic signals, flagpoles, signs and sign standards.

4. Sites which are not highly visible from adjacent roadways, public areas, parks, schools, greenbelts or other visually sensitive areas, as determined by the zoning administrator.

5. Sites outside the coastal zone, and particularly sites located within the Coastal Zone Overlay zone district (as defined in Chapter 24.10, Part 26), where city decisions can be appealed.

D. When feasible and in conformance with other provisions of this chapter, wireless telecommunications providers shall be encouraged to locate their wireless telecommunications facilities on publicly owned or controlled property.

E. Wireless telecommunications facilities are prohibited in all natural areas designated in the General Plan or LCP.

F. To the maximum extent feasible, wireless telecommunication facilities are prohibited within one thousand feet of any public elementary school or daycare facility.

G. Additional Site Location Standards for Small Cell Facilities in the Public Right-of-Way and in the Coastal Zone. In addition to the requirements listed above, the following location standards shall also apply to small cell facilities located in the public right-of-way and within the coastal zone:

1. Site locations shall be selected in the following order of preference:

a. Area not visible to the public or area that does not significantly impair public views (such as in alleys, on rooftops, near property corners or side property lines, or in inconspicuous areas);

b. Attached or sited adjacent to existing structures. Appropriate types of existing structures may include but not be limited to telephone/utility poles and nondecorative light standards;

c. Area not requiring the removal of existing infrastructure, parkway trees or reductions of the parkway landscape planters;

d. Within the public parkway landscaping and requiring only minor alterations to the existing parkway landscaping (including planter size) and/or infrastructure;

e. Within the public right-of-way in a manner that requires significant but feasible alteration to the existing public improvements and/or infrastructure.

2. To the maximum extent feasible, the following site locations shall be prohibited:

a. Facility site locations that lead to removal of any existing public parking areas.

b. Facility site locations directly in front of residences and businesses.

c. Facilities with components located within driveway and intersection sight lines.

d. Site locations in Residential and Commercial Zoning Districts that are within one thousand five hundred feet of another small cell facility and any associated equipment; provided, however, that this restriction may be waived by the zoning administrator upon a demonstration that the refusal to allow an additional facility within a one-thousand-five-hundred-foot radius will otherwise violate an applicable state or federal law.

e. Facilities on strand or overhead lines.

f. Facility site locations that will negatively impact public recreation and access, or damage a known or sensitive archaeological site.

g. Site locations that adversely impact significant public views (e.g., of the beach, shoreline, ocean, natural areas, etc.), including those locations identified in Map CD-3 of the Local Coastal Program.

(Ord. 2022-07 § 4, 2022; Ord. 2019-06 § 3, 2019: Ord. 2009-01 § 1, 2009: Ord. 2004-27 § 1 (part), 2004).

24.12.1430 PREFERRED ANTENNA SITING AND MOUNTING TECHNIQUES.

The following wireless telecommunications facilities and mounting techniques are listed in order of preference:

A. facade-mounted facilities.

B. Roof-mounted facilities.

C. Ground-mounted facilities.

D. Freestanding monopole facilities.

A. Facade-Mounted Wireless Telecommunications Facilities.

1. Facade-mounted antennas shall be integrated architecturally with the style and character of the structure or otherwise made as unobtrusive as possible. If possible, antennas should be located entirely upon an existing or newly created architectural feature so as to be completely screened from view. Otherwise, antennas should be painted and/or textured to match the wall surface on which it is to be mounted. To the extent feasible, facade-mounted antennas should not be located on the front or most prominent facade of a structure and should be located out of the pedestrian line-of-sight unless stealth techniques will reasonably eliminate visual impacts and are designed to appear as an integral part of the structure. Facade-mounted equipment shall not project more than eighteen inches from the face of the building or other support structure, unless specifically authorized by the zoning administrator.

2. Facade-mounted antennas shall be camouflaged by incorporating the antennas as part of a design element of the building or by painting and/or texturing to match exterior wall background.

B. Roof-Mounted Wireless Telecommunications Facilities.

1. Roof-mounted antennas shall not be allowed when they are placed in locations where they significantly affect scenic views as specified in the General Plan. However, such facilities may be allowed with incorporation of appropriate stealth techniques.

2. The height of roof-mounted wireless telecommunications facility shall be based on a visual analysis demonstrating that views of the facility are minimized or are substantially screened from residential land uses, or other sensitive land uses such as parks, schools, greenbelt areas or major streets, and on an engineering analysis justifying the height of the proposed wireless telecommunications facility. The zoning administrator may require an independent review, paid for in advance by the applicant, to evaluate the applicant’s request. Factors to be considered are: whether or not another site exists where the standards can be met; whether there is another method of installation that would result in a project that complies with the standards; whether the addition of another wireless telecommunications facility would allow the reduction in height of the proposed facility; and whether there is any other technically feasible method of siting the facility that would reduce the height. If it is determined that a height above the maximum allowed in Section 24.12.1430(B)(6) is necessary, additional screening may be required to mitigate adverse visual impacts.

3. All roof-mounted antennas shall be located in an area of the roof where the visual impact is minimized. Screening panels may be used to mitigate visual impacts but must be designed to blend with the architecture of the building in terms of scale, material and color. The cost to provide such screening of visual equipment shall not by itself provide justification to allow conspicuous equipment or antennas to remain visible.

4. All roof-mounted facilities shall be painted with a non-reflective matte finish using an appropriate color that blends with the backdrop. The final choice of colors shall be determined by the zoning administrator on a case-by-case basis, in accordance with this subsection.

5. Whenever feasible, all rooftop equipment installations shall be set back such that they are not viewed from the adjoining public right-of way. The equipment cabinets, base transceiver stations, cables and other appurtenant equipment, if located on the rooftop of buildings, shall be so located as to be not visible from adjoining public rights-of-way. Roof screening in compliance with this section may be required in cases where equipment is considered a visual impact.

6. Notwithstanding any other provision of this section, no roof-mounted antennas, including support structures, shall exceed fifteen feet in height above the highest existing roof surface.

C. Ground-Mounted Wireless Telecommunications Facilities.

1. The height of ground-mounted antennas shall adhere to the relevant guidelines for roof-mounted antennas as described above in Section 24.12.1430(B).

2. Ground-mounted facilities shall be painted using non-reflective matte finished shades designed to blend with the backdrop. However, the final choice of colors shall be determined on a case-by-case basis upon determination of the color that best blends into the backdrop. If equipment cannot be painted, adequate screening shall be provided that blends with the predominant architectural design and material of adjacent buildings, including material, finish and texture. A photo simulation may be required to illustrate the blending.

3. Substantial screening by landscaping shall be used as natural screening to minimize any visual impacts. All proposed vegetation shall be compatible with existing vegetation in the area.

4. All ground-mounted antennas that are located on undeveloped sites, where allowed, shall be converted to roof- or facade-mounted antennas with the development of the site when technically feasible.

5. Ground-mounted antennas and related equipment shall not be located in front of main structures and/or along major street frontages where they will be readily visible.

6. Ground-mounted antennas and related equipment shall not extend over a sidewalk, street or other public right of way, except that ground-mounted antennas and related equipment on streetlight poles, traffic signals, and existing telephone poles may extend over a sidewalk or street, subject to director of public works approval.

7. Notwithstanding any other provision of this section, no ground-mounted antennas, including support structures shall exceed fifteen feet in height, except as allowed in subsection (C)(6), above.

D. Freestanding Monopole Wireless Telecommunications Facilities.

1. Freestanding monopoles shall be located and designed to minimize visual impacts. For example, a monopole could be located in a grove of existing trees so that natural screening or background is provided. Freestanding monopoles in high visibility locations shall incorporate “stealth techniques” to camouflage them as a piece of art/sculpture, a clock tower, flag pole, tree or other interesting, appropriate and compatible visual form. Such stealth installations shall be used when the siting and surrounding environment helps them to blend with the setting. Freestanding monopoles may not be located within the required front yard setback of any property, unless appropriate architectural elements for a “stealth facility” are incorporated in the design of the monopole.

2. Freestanding monopoles shall be prohibited in the Central Business District and the Coastal Zone Overlay District unless all other types of wireless telecommunications facility structures are considered not technically feasible.

3. Freestanding monopoles shall generally not be allowed within 1,000 feet of each other except when the cumulative visual impacts are not significant and co-location is not technically feasible.

4. Freestanding monopoles shall be designed at the minimum functional height required. The height of monopoles shall be reviewed on a case-by-case basis for the visual impact on the neighborhood and community. The zoning administrator may require an independent review through a supplementary report, paid for in advance by the applicant, to evaluate the applicant’s request. Factors to be considered are: whether or not another site exists where a more preferred method of installation could be met; whether the future addition of another wireless telecommunications facility could affect the future height of the proposed facility; and whether there is any other technically feasible method of siting the facility that would reduce the overall proposed height.

5. Notwithstanding any other provision of this section, no freestanding monopole antennas shall exceed the height required for the zoning district in which it is located.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1434 REQUIREMENTS FOR SMALL CELL FACILITIES IN THE PUBLIC RIGHT-OF-WAY AND WITHIN THE COASTAL ZONE.

Small cell facilities located in the public right-of-way and which require a coastal permit shall comply with the following standards and requirements:

A. Pole Type Preferences. Facilities on poles shall be sited in the following order of preference:

1. On an existing or replacement street light pole;

2. On an existing or replacement structure other than a street light pole or utility pole;

3. On an existing or replacement utility pole.

B. Equipment Preferences. Equipment (including, but not limited to, radio units, power supplies, voltage converters, electrical service connections, shut-off switches and electric meters) shall be sited in the following order of preference:

1. Within a below-grade equipment vault;

2. In an at-grade equipment cabinet, provided the size of the cabinet is minimized to the maximum extent feasible. At-grade equipment cabinets shall participate in the traffic graphics program or pay an in-lieu fee depending on the location (i.e., commercial or residential areas) at the discretion of the decision making body;

3. Enclosed at the base of the pole on which the antenna is mounted provided the size of the base of the pole is minimized to the maximum extent feasible;

4. Equipment boxes using stealth techniques mounted on a utility pole, provided the size of the boxes is minimized to the maximum extent feasible.

C. Visual, Public Access, and Archaeological Impact Avoidance. To the maximum extent feasible, such facilities shall be sited and designed in a manner that avoids overall visibility, and eliminates or substantially reduces their visual and aesthetic impact upon the surrounding public right-of-way, archaeological resources, public views and public access. Measures to achieve this objective may include but are not limited to the following:

1. The number of antennas on each site shall be minimized to the maximum extent feasible with the goal of minimizing adverse visual impacts.

2. To the maximum extent feasible, the antenna size, cabinet equipment and other facilities shall minimize visual clutter.

3. The project shall use the smallest and least visible antennas feasible to accomplish the coverage objectives. Facilities that are proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within one hundred feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

4. To the maximum extent feasible, facilities shall not be designed in such a manner that will negatively impact public recreation and access, or damage a known or sensitive archaeological site.

5. Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts of the facilities to the maximum extent feasible. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as conditions of approval for a coastal permit when determined to be necessary to mitigate adverse visual impacts.

D. Design Standards.

1. Any pole to be installed in the public right-of-way shall be disguised to resemble a utility pole to the maximum extent feasible. Facility’s antennas shall not exceed a diameter of fifteen inches. All antennas and screening devices shall be painted or finished to match the pole. All poles or equipment shall be painted or otherwise coated to be visually compatible with existing poles and equipment. Facilities shall be placed on the same vertical axis as the center of the pole.

2. Small cell facility installations on existing city infrastructure shall be placed in a manner so that the size, appearance and function of the final installation is essentially identical to the installation prior to the antenna installation taking place.

3. Small cell facility installations shall not be located on decorative street light poles.

4. Small cell facility equipment located above the surface grade in the public right-of-way including but not limited to those on certain street lights shall consist of small equipment components that are compatible in structure, scale, function and proportion to the poles they are mounted on. Equipment shall be painted or otherwise coated to be visually compatible with the subject pole (may include public art). Underground vaults shall employ flush-to-grade access portals and vents that are heel shoe safe and slip safe; provided, however, that this restriction shall not apply in flood-prone areas.

5. All cables and conduits shall be routed through the interior of the subject pole to be screened from public view; provided, however, that for wood poles, all cables shall be contained within conduit, and conduits shall be mounted and routed in a manner calculated to minimize their visibility to the maximum extent feasible.

6. All base-mounted accessory equipment must be installed within a shroud, enclosure or pedestal integrated into the base of the support structure. All cables, wires and other connectors routed between the antenna and base-mounted equipment shall be concealed from public view.

7. Small cell facilities may not encroach onto or over any private or other property outside the public right-of-way without the property owner’s express written consent.

8. To reduce clutter and deter vandalism, excess fiber optic or coaxial cables shall not be spooled, coiled or otherwise stored on the pole outside equipment cabinets or shrouds.

E. Noise Standards. Facilities and all accessory equipment and transmission equipment shall comply with all applicable noise control standards and regulations in the LCP and shall be operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities to the maximum extent feasible. To the maximum extent feasible fans shall not be used. If not feasible, noise attenuation measures shall be required for all fans. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1. Testing and maintenance activities of small cell facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities which do not generate audible noise may occur at any time, unless otherwise prohibited by the zoning administrator.

F. Lighting Standards. Small cell facilities shall not include any lights that would be visible from publicly accessible areas except for during night maintenance checks or emergencies, and except as may be required under Federal Aviation Administration, FCC, or other applicable regulations for health and safety. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety. All small cell facilities and equipment (such as indicator or status lights) must be installed in locations and within enclosures that mitigate illumination impacts visible from publicly accessible areas, and shall avoid glare and illumination of adjacent properties to the maximum extent feasible. The provisions in this subsection shall not be interpreted or applied to prohibit installations on streetlights or luminaires installed on new or replacement poles as may be required by the city.

G. Signage. Small cell facilities must include signage that accurately identifies the site owner/operator, the owner/operator’s site name or identification number and a toll-free number to the owner/operator’s network operations center. Small cell facilities shall also include signage for hazardous or toxic materials warning where applicable. Small cell facilities may not bear any advertisements, identifying logos, or any other signage unless expressly approved by the city, required by law or recommended under FCC, OSHA or other United States governmental agencies for compliance with RF emissions regulations. To the maximum extent feasible, signs shall be above eye level and hidden from public view with background matching the color of equipment unless otherwise required by the FCC or other regulatory agencies. All signs shall be legible from a distance of at least ten feet from the small cell facility. No sign shall be greater than two square feet in size. The design, materials, colors and location of any signage shall be subject to zoning administrator’s review and approval.

H. Maintenance and Repair.

1. Small cell facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless telecommunications provider in good condition and in their approved and/or required state. This shall include keeping all facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

2. Any landscaping associated with or required in connection with the permitting of the small cell facility, including landscaping of the public right-of-way, shall be maintained in good, healthy condition at all times. Any dead or dying landscaping shall be promptly replaced or rehabilitated by the wireless telecommunications provider.

3. The applicant or successor in interest shall repair, at its sole cost and expense, any damage (including but not limited to subsidence, cracking, erosion, collapse, weakening, or loss of lateral support) to public utilities, infrastructure, and property, including city streets, sidewalks, walks, curbs, gutters, trees, parkways, or utility lines and systems, underground utility line and systems, or sewer systems or sewer lines that results from any activities performed in connection with the installation and/or maintenance of a small cell facility by applicant or successor in interest. In the event the applicant or successor in interest fails to complete said repair within the number of days stated on a written notice by the city, the city shall cause said repair to be completed and shall invoice the applicant or successor in interest for all costs incurred by city as a result of such repair.

4. All sidewalk panels affected by any work associated with the installation of a small cell facility shall be restored to their original condition.

5. Structural foundations must be removed when removing structures from the right-of-way.

I. Security and Safety.

1. Facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. Facilities may incorporate reasonable and appropriate site security measures, such as locks and anti-climbing devices. No barbed wire, razor ribbon, electrified fences or any similarly dangerous security measures shall be permitted. All exterior surfaces on small cell facilities shall be constructed from or coated with graffiti-resistant materials.

2. Small cell facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:

a. Within forty-five days of initial operation or modification of a small cell facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five-day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.

b. All small cell facilities shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission (FCC). The wireless telecommunications provider shall hire a professional engineer registered in the state of California, and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the FCC’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the FCC standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the FCC standard, the zoning administrator may schedule a public hearing to consider revocation of the permit in accordance with Section 24.04.225.

J. Natural Disaster. Small cell facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1. Openings in all above ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

2. The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

3. Small cell facilities shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

4. All connections between various components of the small cell facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

5. Measures shall be taken to keep small cell facilities in operation in the event of a disaster.

6. An electrical permit from the planning and community development department shall be required for the electric service associated with construction, installation, repair or alteration of all support structures for small cell facilities.

K. Cessation, Abandonment, or Revocation. Upon six months after the cessation or abandonment of the use of a small cell facility under this section for any reason, or revocation of any applicable permits, the wireless telecommunications provider shall restore the site to its original preconstruction condition to the satisfaction of the city and comply with any notice or other requirements provided in subsection (J).

L. Transfer of Ownership. In the event that the original permittee sells its interest in or transfers ownership of a small cell facility under this section, the succeeding carrier shall provide proof of obtaining all required approvals to operate the small cell facility satisfactory to the city, shall assume all responsibilities concerning the facility, and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and community development department within thirty days of transfer of interest of the facility. Any required signs by the city shall be updated within thirty days to reflect the name and phone number of the new wireless telecommunication provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

M. Compliance with Applicable Laws.

1. The applicant or successor in interest shall install and maintain permitted small cell facilities in compliance with the requirements of the Uniform Building Code, National Electrical Code, and any and all applicable federal and state laws, codes, and regulations.

2. The applicant or successor in interest shall also install and maintain permitted small cell facilities in compliance with any applicable city noise standards, the city’s small cell aesthetic/design standards, and all other applicable local codes, laws, and regulations, except to the extent that such standards conflict with those specified herein, in which case this section shall apply.

3. Americans with Disabilities Act. All small cell facilities and their locations shall comply with the Americans with Disabilities Act.

(Ord. 2022-07 § 5, 2022).

24.12.1435 GENERAL REQUIREMENTS.

The following requirements are applicable to all wireless telecommunications facilities, except for small cell facilities in the public right-of-way and within the coastal zone, and except for exempt facilities described in Section 24.12.1410:

A. Visual Effect. All proposed wireless telecommunications facilities shall be located so as to minimize their visual impact to the maximum extent feasible. Measures to achieve this objective may include but are not limited to the following:

1. The applicant shall use the smallest and least visible antennas feasible to accomplish the owner’s/operator’s coverage objectives. All wireless telecommunications facilities proposed for locations where they would be readily visible from the public right-of-way or from the habitable living areas of residential units within one hundred feet shall incorporate appropriate techniques to camouflage or disguise the facility, and/or blend it into the surrounding environment, to the maximum extent feasible.

2. Facilities shall be compatible in scale and integrated architecturally with the design of surrounding buildings or the natural setting. Wireless telecommunications facilities shall not be located on city, state or federal registered historic buildings. When proposed within a designated historic district wireless telecommunications facilities shall be limited to facade-mounted facilities only and integrated architecturally with the style and character of the structure and the district or otherwise made unobtrusive. No wireless telecommunications facility shall be sited such that its design and/or construction will damage a known or sensitive archaeological site.

3. Whenever possible, base transceiver stations, equipment cabinets and buildings, back-up generators, and other equipment associated with building-mounted antennas should be installed within the existing building envelope. If this is not feasible, the equipment shall be low profile, screened, fenced, landscaped, painted, or otherwise treated architecturally to minimize its appearance from off-site locations and to visually blend with the surrounding natural and built environment. Equipment buildings should be designed in an architectural style and constructed of exterior building materials that are consistent with surrounding development and/or land use setting (if applicable) and should be a visually pleasing feature.

4. All ground-mounted base transceiver stations, equipment cabinets, and utility panels for telecommunications facilities shall be limited to a maximum height of ten feet above grade unless other techniques are adopted to ensure minimal visual impact. Base transceiver stations, equipment cabinets, and utility panels that are taller may be partially buried underground or installed by use of another technique to maintain the ten-foot height limit. Greater height may be granted upon a finding that it is not possible to meet the height limitation and that adequate screening of the equipment is provided.

5. No advertising signage or identifying logos shall be displayed on wireless telecommunication facilities, except for small identification plates used for emergency notification or hazardous or toxic materials warning.

6. Applicants are encouraged to consider providing architectural treatments and to use “stealth techniques” to reduce potential visual impacts for all telecommunication facilities. Stealth techniques are especially encouraged in areas easily visible from a major traffic corridor or commercial center or in residential areas. Stealth techniques may be required as conditions of approval when determined to be necessary to mitigate adverse visual impacts.

7. All facilities shall be designed to be resistant to and minimize opportunities for unauthorized access, climbing, vandalism, graffiti, and other conditions that would result in hazardous conditions, visual blight, or attractive nuisances. The zoning administrator may require the provision of warning signs, fencing, anti-climbing devices, or other techniques to prevent unauthorized access and vandalism when, because of their location and/or accessibility, antenna facilities have the potential to become an attractive nuisance. The design of the fencing and other access control devices shall be subject to review. The use of chainlink fencing is discouraged and the use of razor wire is prohibited.

B. Landscaping. Landscaping may be required to visually screen wireless telecommunications facilities from adjacent properties or public view and/or to provide a backdrop to camouflage the facilities. All proposed landscaping is subject to the zoning administrator’s review and approval. Landscaping guidelines include but are not limited to the following:

1. To the extent feasible, existing on-site vegetation shall be preserved or improved, and disturbance of the existing topography shall be minimized. Additional trees and other vegetation shall be planted and maintained around the facility, in the vicinity of the project site, and along access roads in appropriate situations where such vegetation is deemed necessary to provide screening of wireless communications facilities and related access roads.

2. All trees used in landscaping shall be a minimum of fifteen gallons in size and all shrubs a minimum of five gallons, unless otherwise approved.

3. Existing trees and other screening vegetation in the vicinity of the proposed facility and associated accessways shall be protected from damage both during and after construction.

4. The applicant shall enter into a landscape performance and maintenance agreement with the city to ensure the installation and establishment of required landscaping. This agreement shall be secured by financial guarantees acceptable to the zoning administrator in an amount equal to one hundred fifty percent of the estimated cost of materials and labor for required improvements. The duration of the landscape maintenance agreement shall be for the length of the permit.

5. All landscape design shall meet the water efficiency landscaping requirements of this code, including installing or upgrading existing irrigation systems if necessary.

C. Access Roads. All wireless telecommunications facilities shall use existing access roads, where available. Unless visual impacts can be adequately mitigated, no new access roads shall be allowed with any proposed wireless telecommunications facility.

D. Setbacks. Wireless telecommunication facilities shall comply with all applicable setback regulations of the zoning district in which they are situated.

1. All setbacks shall be measured from the furthest extent of a wireless telecommunications facility to the closest applicable property line or structure, with the exception of equipment shelters.

2. Ground-mounted or freestanding monopole facilities shall be set back at a distance not less than the height of the structure from any residentially zoned land.

3. Equipment shelters shall be measured from the outside wall of the shelter to the closest applicable property line or structure. Underground equipment shelters or cabinets may adjoin property lines, if approved by the building official.

E. Number of Antennas and Facilities Permitted. The number of antennas allowed per site shall be determined on a case-by-case basis by the zoning administrator with the goal of minimizing adverse visual impacts.

F. Noise. All wireless telecommunications facilities shall be constructed and operated in such a manner as to minimize the amount of noise impacts to adjacent uses and activities. Noise attenuation measures shall be required for all air-conditioning units. Backup generators shall only be operated during power outages and for testing and maintenance purposes. At any time, noise attenuation measures may be required by the zoning administrator when deemed necessary.

1. Testing and maintenance activities of wireless telecommunications facilities which generate audible noise shall occur between the hours of 8:00 a.m. and 5:00 p.m., weekdays (Monday through Friday, non-holiday) excluding emergency repairs, unless allowed at other times by the zoning administrator. Testing and maintenance activities which do not generate audible noise may occur at any time, unless otherwise prohibited by the zoning administrator.

G. Interference. All wireless telecommunications facilities shall be operated in a manner which complies with the Federal Communications Commission’s regulations regarding signal interference.

H. Maintenance and Safety. All wireless telecommunications providers shall provide signage, as required by the zoning administrator, which shall identify the name and phone number of the wireless telecommunications provider for use in case of an emergency.

1. The design, materials, colors and location of the identification signs shall be subject to zoning administrator’s review and approval. All signs shall be legible from a distance of at least ten feet from the wireless telecommunications facility. No sign shall be greater than two square feet in size.

2. If at any time a new wireless telecommunications provider takes over operation of an existing wireless telecommunications facility, the new wireless telecommunications provider shall notify the planning and community development department of the change in operation within thirty days and the required and approved signs shall be updated within thirty days to reflect the name and phone number of the new wireless telecommunications provider. The colors, materials and design of the updated signs shall match those of the required and approved signs.

3. All wireless telecommunications facilities, including, but not limited to, antennas, towers, equipment, cabinets, structures, accessory structures, and signs shall be maintained by the wireless telecommunication provider in good condition. This shall include keeping all wireless telecommunications facilities graffiti-free and maintaining security walls/fences in good condition. All graffiti must be removed as soon as practicable, and in no instance more than seventy-two hours from the time of notification by the city.

4. All wireless telecommunications facilities shall be reviewed by an electrical engineer licensed by the state according to the following guidelines:

a. Within forty-five days of initial operation or modification of a wireless telecommunications facility, the wireless telecommunications provider shall submit to the zoning administrator a written certification by an electrical engineer licensed by the state that the wireless telecommunications facility, including the actual radio frequency radiation of the facility, is in compliance with the application submitted, any conditions imposed, and all other provisions of this chapter in order to continue operations past the forty-five-day period. At the wireless telecommunications provider’s expense, the zoning administrator may employ on behalf of the city an independent technical expert to confirm and periodically reconfirm compliance with the provisions of this chapter.

b. Every wireless telecommunications facility shall demonstrate continued compliance with all radio frequency standards adopted by the Federal Communications Commission. The wireless telecommunications provider shall hire a professional engineer registered in the state of California and approved by the zoning administrator to measure the actual radio frequency radiation of the approved facility and determine if it meets the Federal Communications Commission’s standards. A report of all calculations, required measurements, and the engineer’s findings with respect to compliance with the Federal Communications Commission standards shall be submitted to the zoning administrator every three years thereafter. In the case of a change in standards, the required report shall be submitted within ninety days of the date the said change becomes effective. In order to assure the objectivity of the analysis, the city may require, at the wireless telecommunications provider’s expense, independent verification of the results of any analysis. If a wireless telecommunications provider fails to supply the required reports or remains in continued noncompliance with the Federal Communications Commission standard, the zoning administrator may schedule a public hearing to consider revocation of the permit. After conducting the hearing, if the hearing body determines that the wireless telecommunications provider has failed to supply the required reports or remains in continued noncompliance, the hearing body may modify or revoke all approvals.

I. Natural Disaster. All wireless telecommunications facilities providing service to the government or general public shall be designed to survive a natural disaster without interruption in operation. To this end, the following measures shall be implemented:

1. Nonflammable exterior wall and roof covering shall be used in the construction of all above-ground equipment shelters and cabinets.

2. Openings in all above-ground equipment shelters and cabinets shall be protected against penetration by fire and windblown embers.

3. The material used as supports for the antennas shall be fire resistant, termite proof, and subject to all the requirements of the Uniform Building Code.

4. Wireless telecommunications facility towers shall be designed to withstand the forces expected during an earthquake in a manner subject to the requirements of the Uniform Building Code. All equipment mounting racks and attached equipment shall be anchored in such a manner that such a quake will not tip them over, throw the equipment off its shelves, or otherwise act to damage it.

5. All connections between various components of the wireless telecommunications facility and with necessary power and telephone lines shall be protected against damage by fire, flooding and earthquake.

6. Measures shall be taken to keep wireless telecommunications facilities in operation in the event of a disaster.

7. All equipment shelters and wireless telecommunications facility towers shall be reviewed and approved by the city fire department.

8. A building permit shall be required for the construction, installation, repair or alteration of all support structures for wireless telecommunications facilities equipment. Wireless telecommunications facilities must be stable and must comply with the Uniform Building Code and any conditions imposed as a condition of issuing a building permit.

9. All reports, certifications and verifications required to be prepared and maintained by this section shall at all times be readily available for public examination and review. To this end, upon the request of any person to the city or any wireless telecommunications provider, the city or provider shall promptly make any such report, certification or verification available for review and/or copying. Reasonable copying cost reimbursement may be required. In addition, the wireless telecommunications provider shall post all current reports, certifications and verifications at the site of the wireless telecommunications facility to which they pertain.

J. Cessation of Operation On Site.

1. Wireless telecommunications providers shall provide the city with a notice of intent to vacate a site a minimum of thirty days prior to the vacation.

2. A new permit shall be required if a site is to be used again for the same purpose as permitted under the original permit if a consecutive period of six months have lapsed since cessation of operations.

3. All equipment associated with a wireless telecommunications facility shall be removed by the property owner after cessation of the said use for more than six consecutive months, and the site shall be restored to its original preconstruction condition. An exception to this subsection may be made by the zoning administrator for one extension of up to twelve months if the property owner continues to make a good faith attempt to sell or lease the property as a wireless telecommunications facility site, as certified by a licensed real estate broker who is under contract with a right to sell or lease the property.

4. Any wireless telecommunications provider that is buying, leasing, or is considering a transfer of ownership of an already approved facility shall submit a letter of notification of intent to the zoning administrator.

K. Transfer of Ownership. In the event that the original permittee sells its interest in a wireless telecommunications facility, the succeeding carrier shall assume all responsibilities concerning the project and shall be held responsible to the city for maintaining consistency with all project conditions of approval, including proof of liability insurance. A new contact name for the project shall be provided by the succeeding carrier to the planning and community development department within thirty days of transfer of interest of the facility.

L. Co-location. Where technically, legally, and fiscally feasible, co-location of new wireless telecommunications facilities onto existing telecommunications ground-mounted and freestanding monopole towers shall be required. Co-location may require that height extensions be made to existing towers or wireless telecommunications facilities to accommodate additional users, or may involve constructing new multi-user facilities that replace existing single-user capacity towers.

M. Lighting. The use of exterior lighting shall be manually operated and used only during night maintenance checks and emergencies unless specifically required by the Federal Aviation Administration or other governmental agencies. Facility lighting shall be designed so as to meet but not exceed minimum requirements for security and safety and in all instances be designed so as to avoid glare and illumination of adjacent properties.

(Ord. 2022-07 § 6, 2022; Ord. 2004-27 § 1 (part), 2004).

24.12.1440 NONCONFORMING WIRELESS TELECOMMUNICATIONS FACILITIES.

A. The wireless telecommunications facility which was approved by the city or legally installed prior to the effective date of this chapter and which does not comply with these regulations on the date of its adoption shall be considered a preexisting legal nonconforming use.

1. Legal nonconforming wireless telecommunications facilities shall be permitted to remain until the lessor’s lease, including exercised renewals, with the property expires.

2. Legal nonconforming wireless telecommunications facilities shall not be altered or modified unless approved by the zoning administrator subject to the determination that the alteration or modification will cause the wireless telecommunications facility to be in greater conformance with this chapter.

B. Wireless telecommunications facilities approved by the city prior to the effective date of this chapter, which comply with the provisions of this chapter, shall be subject to the regulations in this chapter.

C. A wireless telecommunications facility, approved by the city prior to the effective date of this chapter, that ceases operations for a period of six months or more shall be immediately removed, unless the wireless telecommunications facility complies with the permit requirements found in Section 24.12.1415.

D. If a wireless telecommunications facility approved by the city after the effective date of this chapter meeting the requirements of this chapter, but it is no longer allowed in its applicable zoning district, the wireless telecommunications facility shall be permitted to remain until such time as the lessor’s lease, including renewals, with the property expires.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1445 COMPLIANCE AND REVOCATION OF APPROVAL.

A. Should the zoning administrator determine that the wireless telecommunications facility may no longer be in compliance with this chapter, the zoning administrator may, at his/her discretion, schedule a public hearing before the previous decision maker at which time the decision maker may modify or revoke an approval if the decision maker finds that:

1. The report showing that the wireless telecommunications facility complies with the current Federal Communications Commission radio frequency standards, as required in Section 24.12.1435(H)(4) of this chapter, has not been submitted to the zoning administrator.

2. The wireless telecommunications facility fails to comply with the requirements of this chapter as they exist during the compliance review, and the wireless telecommunications provider has failed to supply assurances acceptable to the zoning administrator that the facility will be brought into compliance within ninety days.

3. The wireless telecommunications provider has failed to comply with the conditions of approval imposed.

4. The wireless telecommunications facility has not been properly maintained as defined in this ordinance.

5. The wireless telecommunications provider has not agreed in writing to upgrade the wireless telecommunications facility within six months to minimize the facility’s adverse visual impact to the greatest extent permitted by the technology that exists during the compliance review. The zoning administrator, with the aid of an independent industry expert, shall determine if a new technology shall further minimize a facility’s adverse visual impact and if a facility shall be required to be upgraded. A wireless telecommunications facility shall not be upgraded unless it shall continue to comply with the requirements of this chapter, as they exist at that time.

Notwithstanding the foregoing, no public hearing to schedule modification or revocation pursuant to this section shall be calendared until the zoning administrator has first provided a written notice to the wireless telecommunications provider including with reasonable specificity: (a) the nature of the deficiency or violation; (b) a reasonably ascertainable means to correct such deficiency or violation; and (c) a reasonable opportunity to cure the same if the deficiency or violation is curable, which time period in no event shall be less than thirty days from the date of notification or such lesser period as may be warranted by virtue of a public emergency.

B. The decision to modify or revoke may be appealed pursuant to Section 24.04.180 of this code.

C. An approval for a wireless telecommunications facility may be modified or revoked as described in this section.

D. The terms of this section shall not apply to preexisting legal nonconforming wireless communications facilities.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1450 CHANGE IN FEDERAL OR STATE REGULATIONS.

All wireless telecommunications facilities shall meet the current standards and regulations of the Federal Communications Commission, the California Public Utilities Commission, and any other agency of the federal or state government with the authority to regulate wireless telecommunications providers. If such standards and regulations are changed, the wireless telecommunications provider shall bring its facilities into compliance with such revised standards and regulations within ninety days of the effective date of such standards and regulations, unless a more stringent compliance schedule is mandated by the controlling federal or state agency. Failure to bring wireless telecommunications facilities into compliance with such revised standards and regulations shall constitute grounds for the immediate removal of such facilities at the wireless telecommunications provider’s expense.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1455 INDEMNITY AND LIABILITY.

A. The wireless telecommunications provider shall defend, indemnify and hold harmless the city or any of its boards, commissions, agents, officers and employees from any claim, action or proceeding against the city, its boards, commissions, agents, officers or employees to attack, set aside, void or annul the approval of the project, unless such claim, action or proceeding is based on the city’s negligence or misconduct. The city shall promptly notify the providers of any such claim, action or proceeding. Nothing contained in this subsection shall prohibit the city from participating in a defense of any claim, action or proceeding if the city bears its own attorney fees and costs, and the city defends the action in good faith.

B. Wireless telecommunications providers shall be strictly liable for any and all sudden and accidental pollution and gradual pollution from the usage of their wireless telecommunications facilities within the city. This liability shall include responsibility for clean-up, injuries or damages to persons or property. Additionally, wireless telecommunications providers shall be responsible for any sanctions, fines or other monetary costs imposed as a result of the release of pollutants from their operations.

C. Wireless telecommunications providers shall be strictly liable for any and all damages resulting from electromagnetic waves or radio frequency emissions in excess of the current Federal Communication Commission’s standards.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1460 REVIEW OF ORDINANCE.

A. Wireless telecommunications technology is currently subject to rapid change. Innovations may render the need for specific sections of this chapter obsolete. The city shall review this ordinance at least once every five years from the date of adoption.

B. Whenever a wireless telecommunications facility provider applies to locate a significantly different type of technology in the city, the city shall review this chapter for its applicability prior to the approval of the placement and/or design of the new technology.

C. The city shall review, and may revise, this chapter after a change to the Federal Communication Commission’s regulations, which states that local governments may regulate wireless telecommunications facilities based on their health effects.

(Ord. 2004-27 § 1 (part), 2004).

24.12.1465 SEVERABILITY.

If any section or portion of this chapter is found to be invalid by a court of competent jurisdiction, such finding shall not affect the validity of the remainder of the chapter, which shall continue in full force and effect.

(Ord. 2004-27 § 1 (part), 2004).

Part 16: FLEXIBLE DENSITY UNIT HOUSING

24.12.1500 PURPOSE.

The purpose of these regulations is to provide additional options for housing by producing incentives for the development of reduced size dwelling units, defined as flexible density units (FDU). This unit type encourages developers to create a community where a variety of income levels and household sizes interact.

(Ord. 2022-02 § 7, 2022; Ord. 2006-18 § 1 (part), 2006).

24.12.1510 DEFINITION.

“Flexible density unit” or “FDU” is a dwelling unit ranging from two hundred twenty to six hundred fifty square feet that is exempt from General Plan and zoning ordinance density standards. Developments including this unit type may consist solely of FDUs or include other residential units.

(Ord. 2022-02 § 7, 2022; Ord. 2006-18 § 1 (part), 2006).

24.12.1520 DEVELOPMENT STANDARDS.

1. Density. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum lot area per dwelling unit shall not apply to FDU units.

2. Unit Size. The floor area of FDU units may range from a minimum of two hundred twenty square feet to a maximum of six hundred fifty square feet.

3. Minimum Dwelling Units Requirement. Residential or mixed-use projects shall contain at least three dwelling units to qualify for use of the FDU unit type. FDU units can count towards this requirement.

4. Open Space. FDU units shall comply with the underlying development standards of the zoning district in which they are located, except that requirements for minimum open space per dwelling unit shall not apply to FDU units. In lieu of the district regulations for open space, minimum usable open space per dwelling unit for FDU units shall be defined by Section 24.12.1530.

5. Storage Facilities. All FDU units shall have access to private usable storage space containing a minimum of two hundred cubic feet. The required storage space may be incorporated into private garages or carports; provided, that the garage or carport has adequate space for a vehicle, as required by Part 3 of this chapter.

6. Bicycle Parking. One Class 1 bicycle storage facility shall be provided for each FDU unit. The required private usable storage space provided for each FDU unit may be utilized to meet this requirement.

7. Covered Parking. Covered parking is not required.

8. Zoning. In addition to the permitted land use districts in Chapter 24.10, FDUs shall be permitted in the Central Business District (CBD) pursuant to the Development Standards and Design Guidelines section of the Downtown Plan.

9. FDUs in Density Bonus Projects. When FDUs are proposed as part of a density bonus application, subsections (9)(a) and (b) shall be used to calculate the allowable residential density, or conforming base project, upon which the density bonus application is based. Both of the following conditions shall apply to the units in the density bonus application:

a. The average unit size for the base project must be equal to or greater than the average unit size for the density bonus application.

b. The percentage of units in the base project that are FDUs must be equal to or less than the percentage of units in the density bonus project that are FDUs.

(Ord. 2023-14 § 1, 2023; Ord. 2023-06 § 7, 2023; Ord. 2022-02 § 7, 2022; Ord. 2007-21 § 1, 2007: Ord. 2006-18 § 1 (part), 2006).

24.12.1530 OPEN AND COMMON SPACE.

1. Residential or mixed-use projects containing FDUs shall contain at least one hundred fifty square feet of usable open space per FDU unit. This requirement may be met by any combination of private space, outdoor open space, or indoor common space.

2. Residential or mixed-use projects containing FDUs shall require a minimum of two hundred square feet of outdoor open space and two hundred square feet of indoor common space. Maintenance areas, laundry facilities, storage (including bicycle storage), and common hallways shall not be included as usable indoor common space. Landscape areas that are less than ten feet wide shall not be included as outdoor open space.

3. Outdoor open spaces and indoor common spaces shall be designed to accommodate appropriate furnishings and shall be furnished for use by residents. Appropriate furnishings for indoor common space may include such items as lounge chairs and/or couches, tables with chairs, writing desks, and televisions. Appropriate furnishings for outdoor open spaces may include such items as outdoor benches, tables with chairs, barbecues, and shade umbrellas.

4. In any residential or mixed-use development containing FDUs, common laundry facilities shall be provided on site at the rate of one washer and one dryer per ten residential units that do not contain both a washer and a dryer. Fractional ratios shall be rounded up to the next whole number.

5. Laundry facilities that have a minimum of two washers and two dryers must be provided in a separate room.

(Ord. 2022-02 § 7, 2022; Ord. 2008-14 § 4, 2008: Ord. 2006-18 § 1 (part), 2006).

Part 17: EMERGENCY SHELTERS

24.12.1600 PURPOSE.

The purpose of these regulations is to provide a definition and development standards for emergency shelters. The regulations contained herein are designed to make such uses compatible with surrounding uses.

(Ord. 2012-01 § 1 (part), 2012).

24.12.1610 DEFINITION.

An “emergency shelter” is housing with minimal supportive services that is limited to occupancy of six months or less by a homeless person. No individual or household may be denied emergency shelter in this facility because of an inability to pay. However, emergency shelter providers are not obligated to accept individuals if the shelter is at its approved capacity.

(Ord. 2012-01 § 1 (part), 2012).

24.12.1620 DEVELOPMENT STANDARDS.

Emergency shelters shall comply with the underlying development standards of the zoning district in which they are located. In addition, the following standards shall be met:

1. Lighting. Adequate external lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of an intensity compatible with the neighborhood.

2. Security. Facility shall have city-accepted on-site security during hours of operation. Parking and outdoor facilities shall be designed to provide security for residents, visitors and employees.

3. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of 8:00 a.m. and 10:00 p.m.

4. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with the requirements of the public works department.

5. Emergency Shelter Provider. The agency or organization operating the shelter shall comply with the following requirements:

a. Temporary shelter shall be available to residents for no more than six months.

b. Staff and services shall be provided to assist residents to obtain permanent shelter and income.

c. The provider shall have a written management plan including, as applicable, provisions for staff training, good neighbor policies, security, transportation, client supervision, food services, screening of residents to ensure compatibility with services provided at the facility, and for training, counseling, and treatment programs for residents. Such plan shall be submitted to and approved by the planning, inspections, police and other appropriate departments prior to operation of the emergency shelter. The plan shall include a floor plan that demonstrates compliance with the physical standards. The operator of each emergency shelter shall annually submit the management plan to the planning and community department with updated information for review and approval. The city council may establish a fee by resolution, to cover the administrative cost of review of the required management plan.

6. Limited Terms of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

7. Parking. The emergency shelter shall provide on-site parking at a rate of one space per staff member plus one space per six occupants allowed at the maximum capacity.

8. Bed Space. The number of beds or persons permitted to be served by the facility will be limited by the standards set forth in this section and other applicable sections of the zoning and building codes.

9. Laundry facilities shall be provided for shelters with ten or more beds.

(Ord. 2023-06 § 8, 2023; Ord. 2012-01 § 1 (part), 2012).

Part 18: RESIDENTIAL SHORT-TERM RENTALS

24.12.1700 PURPOSE.

The purpose of these regulations is to provide a set of standards governing the renting or leasing of residential property on a short-term basis in the city of Santa Cruz. The regulations contained herein will help ensure that short-term rental activities do not become a nuisance or threaten the public health, safety, or welfare of neighboring properties while helping to maintain long-term rental housing stock in the city.

Residential short-term rentals also serve to support a variety of visitor-serving options for visitors to the city. These regulations recognize that the city of Santa Cruz has always been a desirable vacation and tourist destination, with second and vacation homes being a familiar part of the community fabric, including those that have long history of being registered with the city and paying transient occupancy tax.

Short-term rental permits provide an added financial benefit to owners of residential properties and help individuals meet their mortgage and family living expenses. Insofar as the number of short-term rental permits is limited, the goal of the short-term rental program is to issue short-term rental permits to the widest population base and not grant a special privilege to individuals who own multiple properties.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1705 DEFINITIONS.

As used in this chapter, the following definitions apply:

1. “Booking service” means any reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between an owner and a prospective transient user, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction.

2. “Dwelling” or “dwelling unit” means a building or portion of a building including one or more rooms which is/are designed for residential use by a single family, with living facilities including provisions for sleeping, eating, food preparation, and sanitation. A dwelling unit shall have only one domestic food preparation facility and shall have interior access between all habitable spaces.

3. “Existing short-term rental” means a short-term rental property for which the owner has been issued a transient occupancy registration certificate under Chapter 3.28 prior to September 26, 2017, and is in compliance with the transient occupancy tax provisions of Chapter 3.28, including payment of all taxes, penalties, and interest due for the short-term rental property.

4. “Home exchange” means an arrangement under which an owner of a dwelling unit of a residential property allows the use of the dwelling to a third party in equal exchange for the owner’s use of another dwelling in another location, and for which neither party receives additional consideration of any kind in money, goods, labor or otherwise.

5. “Hosted short-term rental” means a dwelling unit where the owner with the majority interest in the residential property, or an owner holding an equal share interest if no other owner owns a greater interest, occupies a dwelling unit as his or her principal residence and offers the dwelling a habitable portion thereof, or any other single unit on the same assessor’s parcel number, for transient occupancy by others.

6. “Hosting platform” means a person or entity that participates in the short-term rental business by providing and collecting or receiving a fee for booking services through which an owner may offer a short-term rental unit for transient occupancy. Hosting platforms usually, though not necessarily, provide booking services through an online platform that allows an owner to advertise the short-term rental unit through a website provided by the hosting platform and the hosting platform conducts a transaction by which prospective transient users arrange for transient occupancy and payment, whether the transient pays rent directly to the owner or to the hosting platform.

7. “Non-hosted short-term rental” means a dwelling unit that is offered for transient occupancy where the owner does not occupy the dwelling unit that is offered for transient occupancy as his or her principal residence.

8. “Owner” means any person who holds legal title and a majority interest in the residential property.

9. “Principal residence” means the dwelling a person physically occupies and lives in on a day-to-day basis. A person may have only one principal residence at a time. If a person alternates between two or more properties, the principal residence will be the one lived in the majority of days during the year. In addition, a principal residence is as documented by at least two of the following: the address listed on the homeowner’s federal and state tax returns, bank account, car registration, driver’s license, voter registration and employment records; utility bill; and residence address for purposes of a homeowner’s tax exemption.

10. “Residential property” means a parcel of real property with a separate assessor’s parcel number that contains one or more dwelling units.

11. “Short-term rental property or short-term rental unit” means a residential property that contains a dwelling unit or habitable portion thereof that is offered for hire for transient occupancy for periods of thirty days or less that would require the owner to comply with the requirements of Chapter 3.28, Transient Occupancy Tax.

12. “Transient occupancy” means the use or possession of, or the right to the use or possession of, any room or rooms in a dwelling unit on a residential property for lodging or sleeping purposes for a period of thirty consecutive calendar days or less, counting portions of calendar days as full days.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1710 APPLICABILITY.

This chapter shall apply to short-term rental property as defined herein. The regulations set forth in this chapter are independent from and do not apply to other special uses that may be regulated by other zoning standards, such as hotels, motels, bed and breakfast inns, lodging houses, and boarding houses. In addition, these regulations do not apply to home exchanges as defined herein. Legally restricted affordable housing units shall not be used as short-term rentals.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1715 PERMIT REQUIREMENTS TO OPERATE SHORT-TERM RENTAL.

1. No person shall offer any dwelling on residential property for transient occupancy of thirty days or less as a short-term rental property unless a permit to operate a short-term rental (“short-term rental permit”) is obtained pursuant to this chapter.

2. An owner of a short-term rental property may apply for a short-term rental permit from the director of the department of planning and community development, as specified in this chapter.

3. All short-term rental permits are revocable and nontransferable.

4. Application for a short-term rental permit shall be in a form prescribed by the department of planning and community development with all information determined by the director of the department of planning and community development to be necessary to evaluate the eligibility of the applicant, consistent with this chapter.

5. The department of planning and community development shall in its sole discretion consider the following factors when evaluating applications for a short-term rental permit:

a. The timeliness and completeness of an application.

b. Evidence of compliance with the provisions of transient occupancy tax, Chapter 3.28, including evidence of a transient occupancy registration certificate, payment of all taxes, penalties, and interest due for any short-term rentals prior to the date of application.

c. Submission of plans relating to the short-term rental property, which do not need to be drawn by a professional, drawn to scale and including the following:

(1) Plot plan showing location of all existing buildings and location and dimensions of on-site parking.

(2) Floor plan showing all rooms with each room labeled as to room type.

(3) Description of rooms or dwelling unit to be used for the short-term rental.

(4) Photograph of the front of the residential unit.

d. Whether the applicant has ever violated this chapter, or the terms of a short-term rental permit or had the same or similar type of permit suspended or revoked.

e. Whether the applicant and/or applicant’s agents associated with applicant’s short-term rental have ever made a false, misleading, or fraudulent statement:

(1) In the application for a short-term rental permit;

(2) In any report or record required to be filed with the city; or

(3) In response to inquiries by the city.

f. Whether the issuance of a permit to the applicant is in the interest of the public health, safety and welfare.

g. Payment of a processing fee established by resolution of the city council for the application in accordance with the provisions of Section 24.12.1725.

h. Any other additional information necessary to demonstrate applicant’s eligibility and compliance with this chapter.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1720 CONDITIONS OF APPROVAL.

Short-term rental permits are issued at the sole discretion of the director of planning and community development, and are subject to the following conditions:

1. The short-term rental permit is issued to one owner of the residential property which is the principal residence of the owner.

2. The owner must demonstrate full conformance with the Santa Cruz Municipal Code, including, but not limited to:

a. Chapter 3.28, including filing timely and accurate transient occupancy tax returns and remitting any tax and any penalties and interest due as required; and

b. This part.

3. The short-term rental must demonstrate annual short-term rental activity, as evidenced by accurate reporting and full remittance of transient occupancy taxes owed to the city.

4. The short-term rental permit shall automatically lapse if the subject unit is not used as a short-term rental for two full years.

5. The owner shall ensure that all advertising, including, but not limited to, in any written publication or on any online website, or any other medium that lists or offers the availability or existence of the short-term rental property, shall include the city-issued short-term rental permit number and transient occupancy registration certificate number.

6. All short-term rental properties shall be registered and comply with the city’s residential rental inspection program, and shall not be exempt from the program. Short-term rental properties shall complete any corrections found during any inspections within a reasonable time period, as determined by the director of planning and community development.

7. Any eligible short-term rental property must not be subject to any outstanding building, electrical, plumbing, fire, health, housing, police, or planning code violations or enforcement actions, including any notices of violation, notices to cure, orders of abatement, cease and desist orders, or correction notices. If such a violation occurs while a dwelling unit is subject to a short-term rental permit, the city shall suspend and/or revoke the short-term rental property’s registration and registration number if any and all violations have not been cured.

8. An owner of a hosted short-term rental shall submit proof of principal residency to the department of planning and community development as part of the rental inspection program or at any time upon request by the department of planning and community development.

9. A prior revocation of a short-term rental permit will disqualify the applicant in being able to apply for a subsequent short-term rental permit for any residential property for two years from the date of the prior revocation.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1725 REQUIREMENTS FOR HOSTING PLATFORMS.

1. All hosting platforms shall provide the following information in a notice to any user listing a short-term rental property located within the city through the hosting platform’s service. The notice shall be provided to the user listing the short-term rental property after the effective date of this chapter and shall include the following information: the requirements of this chapter regulating short-term rental property and the transient occupancy tax obligations to the city.

2. A hosting platform, if required to collect and remit all required transient occupancy taxes, shall not be relieved of liability related to an owner’s failure to comply with the requirements of Chapter 3.28, Transient Occupancy Tax. A hosting platform shall then be required to maintain a record demonstrating that the taxes have been remitted to the city.

3. A hosting platform may provide, and collect a fee for, booking services in connection with short-term rentals for short-term rental property located in the city only when the hosting platform exercises reasonable care to confirm that those short-term rental units are lawfully permitted at the time the short-term rental property is rented for short-term rental. Whenever a hosting platform complies with administrative guidelines issued by the department of planning and community development to confirm that the short-term rental property is lawfully permitted, the hosting platform shall be deemed to have exercised reasonable care for the purpose of this subsection.

4. For not less than four years following the end of the calendar year in which the short-term rental transaction occurred, the hosting platform shall maintain and be able, in response to a lawful request, to provide to the city for each short-term rental transaction for which a hosting platform has provided a booking service, the following, including, but not limited to:

a. The name of the owner who offered a short-term rental unit;

b. The address of the short-term rental unit;

c. The dates for which the tourist or transient user procured use of the short-term rental unit using the booking service provided by the hosting platform;

d. The permit number for the short-term rental unit.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1730 PERMIT FEES.

The department of planning and community development shall assess fees for a short-term rental permit, as set by the city council. Fees set forth in this section may be adjusted each year by the city council, reflecting the costs of administering the short-term rental permit, and enforcing the requirements of this chapter.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1735 NO PROPERTY RIGHT.

The issuance of a short-term rental permit or any renewal thereof does not give the permittee any vested property rights, and is not a covenant that runs with the land.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1740 NONTRANSFERABILITY OF SHORT-TERM RENTAL PERMIT.

The short-term rental permit is nontransferable, so that if any interest or title in the short-term rental property identified in the permit is transferred or assigned to another person or business entity in any manner, the short-term rental permit shall be deemed revoked, expired and void, and not renewable as of the date of the property transfer. Any new transferee, assignee, or successor owner of the short-term rental permit shall have no right to use the residential property for transient occupancy. The permittee shall notify the department of planning and community development in writing no later than thirty days prior to any changes in ownership that may affect the validity of the permit. Failure to provide notice to the city has no effect on the city’s right to enforce this provision or this chapter.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1745 EXCEPTION TO NONTRANSFERABILITY OF SHORT-TERM RENTAL PERMIT.

The only exception to nontransferability of the short-term rental permit as set forth in Section 24.12.1740 is when a property transfer qualifies as an exemption from property tax reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Santa Cruz County assessor. The applicant shall provide verification of the exemption to the department of planning and community development in order to prove eligibility for a short-term rental permit, and avoid invalidation of the permit.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1750 MAXIMUM SHORT-TERM RENTAL PERMITS, ELIGIBILITY AND PRIORITIES.

1. Existing Short-Term Rentals – Hosted and Non-Hosted.

a. Commencing from the effective date of this chapter, an owner of a hosted or non-hosted short-term rental, which meets the definition of an existing short-term rental, as defined in Section 24.12.1705, will be eligible to apply for a short-term rental permit.

b. An existing short-term rental is subject to all applicable conditions specified in this chapter and shall be considered a nonconforming (“grandfathered”) activity.

2. Existing Short-Term Rental – Ownership Limitation. An owner of more than two existing short-term rental is subject to ownership limitations specified in Section 24.12.1780.

3. New Non-Hosted Short-Term Rentals – Not Permitted. Other than the existing non-hosted short-term rental permits allowed in subsection (1), no new non-hosted short-term rentals shall be allowed.

4. New Hosted Short-Term Rentals. Commencing from the effective date of this chapter, the city shall allow up to a maximum of two hundred fifty hosted short-term rentals, which may be comprised of existing hosted short-term rental property and any new hosted short-term rental property. The city council may, by resolution, modify the maximum number of short-term rentals allowed under this section.

5. Application and Priority.

a. Owners of existing short-term rentals, hosted and non-hosted, shall submit all application requirements within ninety days following the effective date of this chapter.

b. After registration of the existing short-term rental properties, hosted and non-hosted, new hosted short-term rental permit applications will be considered on a first-come-first-served basis to issue short-term rental permits for a maximum of two hundred fifty hosted short-term rentals. When the maximum number of short-term rental permits has been issued, applications will be placed in a queue for consideration as permits become available.

6. Retroactive Payment of Transient Occupancy Tax. In addition to the permit requirements in Section 24.12.1715, prior to consideration for a short-term rental permit related to any existing or new short-term rental unit, the property owner shall comply with the following requirements:

a. Proof of retroactive payment of the transient occupancy tax amount and all applicable penalties and interest due to the city, to the extent allowed by law, for the entire time during which a dwelling unit was being used as a short-term rental is required.

b. Complete and accurate records shall be provided to the finance department showing historic use of the dwelling unit as a short-term rental. Applicants for short-term rental permits are subject to audit and subpoena of records. Incomplete or inaccurate documentation may disqualify applicants from obtaining a short-term rental permit.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1755 PROPERTIES WITH ACCESSORY DWELLING UNITS.

1. Short-term rentals are not permitted in an accessory dwelling unit or in the main house of an accessory dwelling unit property, except as provided below.

2. An existing accessory dwelling unit property may apply for a short-term rental permit in cases where the accessory dwelling unit property:

a. Was issued a transient occupancy registration certificate prior to November 10, 2015; and

b. Is in the same ownership as when the transient occupancy registration certificate obtained prior to November 10, 2015, was issued; and

c. Is in compliance with the provisions of Chapter 3.28, including payment of all taxes, penalties, and interest due, for any short-term rentals; and

d. Is in compliance with the principal residency requirements specified in this chapter; and

e. Has remitted transient occupancy tax to the city within the previous calendar year.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1760 PROPERTY DEVELOPMENT STANDARDS – EXISTING SHORT-TERM RENTALS.

1. Dwelling Expansion. Additions to or expansion of short-term rental properties shall be subject to all development standards pursuant to the zoning district within which the subject property is located. Additions or expansions that increase the property’s parking requirements shall require planning department permit review to ensure compliance with applicable zoning code parking standards.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1765 PROPERTY DEVELOPMENT STANDARDS – NEW HOSTED SHORT-TERM RENTALS.

1. Parking. On-site parking must comply with the minimum residential standards for the site. Where a parking reduction has been granted for a shared-use or mixed use property, these properties will be reviewed by the zoning administrator for evaluation of impacts to neighborhood. The zoning administrator shall determine, pursuant to Chapter 24.12, Part 3, Off-Street Parking and Loading Facilities, whether any noncompliance with residential parking standards is of such significance to the neighborhood to deny a short-term rental permit.

2. Number of Allowed Short-Term Rentals. Only one short-term rental is allowed per assessor’s parcel number.

3. Dwelling Expansion. Additions to or expansion of short-term rental properties shall be subject to development standards pursuant to the zoning district within which the subject property is located. Additions or expansions that increase the unit’s parking requirements shall require planning department permit review to ensure compliance with applicable zoning code parking standards.

4. Review Process for Multiple-Bedroom Houses. Short-term rental units containing five or more bedrooms shall be subject to a zoning administrator public hearing pursuant to the provisions of Chapter 24.04.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1770 OPERATIONAL STANDARDS.

The following standards shall apply to all existing and new short-term rentals:

1. Maximum Overnight Occupancy. Overnight occupancy for short-term rentals shall be a maximum of two persons per bedroom, plus two additional persons regardless of the age of the occupant.

2. Rental Agreements. Only one rental agreement may be in effect in a short-term rental at any one time.

3. Maximum Number of Vehicles. The maximum number of vehicles allowed at the short-term rental shall be limited to: one vehicle per one bedroom unit, two vehicles per two or three bedroom unit, and one additional vehicle per additional bedroom for units in excess of three bedrooms.

4. Noise Limits. All transient occupants shall be required to follow all standards set forth in Chapter 9.36. Quiet hours shall be between the hours of 10:00 p.m. and 8:00 a.m.; this shall include all amplified noise.

5. Special Events. Short-term rentals are intended to be overnight accommodations in residential neighborhoods. They are not meant to host weddings, parties, or other large engagements. Special events are not allowed in short-term rentals.

6. Local Contact Person. All short-term rental owners shall designate a local contact person, who, if designated to act as such, shall be available twenty-four hours per day, seven days a week, who lives within twenty miles of the short-term rental for the purpose of being able to physically respond within thirty minutes of notification of a complaint regarding the condition, operation or conduct of occupants of the dwelling, and taking remedial action necessary to resolve any such complaint. A local contact person may be the owner or the owner’s agent.

7. Posting of Standards. Short-term rental rules shall be posted inside the short-term rental in a location readily visible to all guests. The rules shall include but are not limited to the following:

a. Maximum number of guests;

b. Prohibition of special events, parties and large engagements;

c. Number of vehicles and parking requirements;

d. Noise regulations including an explicit statement that fireworks are not legal in the city of Santa Cruz;

e. Trash management.

8. Trash and Recycling. Property owner shall inform tenants of trash and recycling days and where to place trash/recycling receptacles. Trash and recycling shall not be stored within public view, except in proper containers for the purpose of collection by the responsible trash hauler and between the hours of 5:00 p.m. the day before and 8:00 p.m. the day of the scheduled trash collection. The owner of the short-term rental property shall provide sufficient trash collection containers and service to meet the demand of the occupants. The short-term rental property shall be free of debris both on-site and in the adjacent portion of the street.

9. Signs. All short-term rentals shall have a sign identifying the structure as a permitted short-term rental and listing a twenty-four-hour local contact responsible for responding to complaints and providing general information, which shall be placed no more than twenty feet back from the nearest street. The sign may be of any shape, but may not exceed two hundred sixteen square inches (i.e., twelve inches by eighteen inches). There is no minimum sign size provided the information on the sign is legible from the nearest street. A sign required by this subsection shall be continuously maintained while the dwelling unit is rented.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1775 OWNERSHIP AND PARCEL LIMITATIONS.

Except as provided for in Section 24.12.1780, the following limitations apply:

1. One short-term rental is allowed per each unique assessor parcel number assigned to a residential property; and

2. Only one owner associated with a short-term rental property is eligible for a short-term rental permit. It shall be unlawful for any other person, even if that person meets the qualifications of an owner, to offer the residential property as a short-term rental property; and

3. A maximum of two short-term rental permits shall be issued to an owner, regardless of whether the person owns multiple residential properties; and

4. All new hosted short-term rentals shall be located in the unit that is the principal residence of the owner, with the exception of duplex or multifamily properties, which may apply for a short-term rental permit for any one unit on the property, so long as one of the units is the principal residence of the owner.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1780 EXCEPTIONS TO PERMIT ISSUANCE TO OWNERS OF MULTIPLE PROPERTIES OR UNITS ON ONE PARCEL.

An owner of multiple existing non-hosted short-term rental properties or more than one existing short-term units on any one parcel (assessor parcel number) may be eligible to retain those multiple short-term rental permits for a limited period of three years from the effective date of the ordinance codified in this part. After the three-year period, the owner(s) of more than two short-term rental, except for accessory dwelling units specified in Section 24.12.1755, may select two of the short-term rentals, provided they meet the requirements of this chapter, for continued use as a short-term rental. Any other dwelling under the same ownership shall not be eligible for a short-term rental permit and any short-term rental permits issued to those units shall be null and void.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1785 REVOCATION OR SUSPENSION OF PERMIT.

1. The director of planning and community development may revoke, or suspend a short-term rental permit for one or more of the following reasons:

a. A property transfer triggering property tax reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Santa Cruz County assessor such that the short-term rental permit associated with the property shall expire and shall also become nonrenewable at the time of the property transfer.

b. The permittee has made a false, misleading or fraudulent statement of material fact in the application for the short-term rental permit, in the information required to be submitted to the city, or in response to inquiries by the city.

c. The permittee engaged in any of the following conduct related to this chapter that:

i. Resulted in a citation or conviction against the permittee;

ii. Violated local, state or federal law;

iii. Constituted a public nuisance;

iv. Breached any condition, requirement, or restriction of the short-term rental permit; or

v. Constituted a hazard to public peace, health, or safety.

d. Failure to pass inspections required under the provisions of Chapter 21.06.

e. Three or more verified and valid complaints of any violation of the Santa Cruz Municipal Code, state or federal law, as determined by the director of planning and community development, within a twelve-month period, shall be grounds for permit revocation.

2. A short-term rental permit may be revoked, suspended, or additional conditions may be imposed by the department of planning and community development by providing written notice to the permittee setting forth the basis of the intended action and giving the permittee an opportunity, within fourteen calendar days, to present responding information to the department of planning and community development.

3. After the fourteen-day period, the director of planning and community development shall determine whether to revoke the permit, suspend the permit, or impose additional conditions upon the permit and thereafter, give written notice of its decision to the permittee. The permit shall be deemed to be valid until the written notice of the decision has been issued.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1790 ENFORCEMENT AND PENALTIES.

1. Any person or entity operating a short-term rental in the city in violation of any of the provisions of this chapter or in violation of any of the conditions set forth in the applicable short-term rental permit shall constitute an infraction for the first two violations of this chapter in a one-year period, which shall be punishable by a fine in a bail established by the city council by resolution. Each such person or entity may be charged with a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person or entity and shall, upon conviction, be punished accordingly. Three violations within a one-year period shall constitute a misdemeanor, which shall be punishable by a fine of one thousand dollars and/or by imprisonment in the county jail for a period of not more than six months.

2. Any hosting platform that provides a booking service for a short-term rental unit in violation of the hosting platform’s obligations under this chapter, shall be guilty of a misdemeanor, punishable by a fine of one thousand dollars. Each booking service transaction by a hosting platform in violation of the chapter shall constitute a separate offense.

3. In addition to any other remedy provided by this code, this chapter may be enforced by injunction issued by the superior court upon a suit brought by the city of Santa Cruz, or upon a suit brought by any aggrieved party. Pursuant to Section 4.04.020, as part of a civil action filed to enforce provisions of this chapter, a court may assess a maximum civil penalty of two thousand five hundred dollars per violation of this chapter for each day during which any person commits, continues, allows or maintains a violation of any provision of this chapter.

4. The city council declares that this chapter was enacted for the significant public benefit promoting public health, safety and welfare to minimize any adverse impact on the community due to unregulated short-term rental property and to maintain long-term rental housing stock in the city. Therefore, if a private attorney general plaintiff successfully brings an action to enforce this chapter against any offenders of this chapter, it is the desire and intent of the city of Santa Cruz that the successful plaintiff be able to recover its reasonable attorneys’ fees under Code of Civil Procedure Section 1021.5, or any similar private attorney general successor statute.

5. The city council hereby finds and declares that repeated violations of this chapter constitute a public nuisance and which may be enjoined under all applicable law, including but not limited to Municipal Code Section 4.04.020 and Code of Civil Procedure Section 731. Therefore, pursuant to Municipal Code Sections 4.25.010 and 4.25.020, the prevailing party to an action or proceeding to enjoin a public nuisance arising from violations of this chapter shall recover the amount of its reasonable attorneys’ fees.

6. The city may take any other action permitted by law to ensure compliance with this title and other city ordinances subject to its administration, including, but not limited to, general municipal code enforcement procedures in Title 4, and inspections and other enforcement procedures provided in Chapter 24.04.

7. The remedies provided herein shall be cumulative and not exclusive. No remedy provided in this chapter shall be deemed to be a prerequisite to the taking of any other action provided for herein.

(Ord. 2017-18 § 1 (part), 2017).

24.12.1795 APPEALS.

Any operator aggrieved by any decision of the director of the department of planning and community development with respect to the provisions of these regulations may appeal the decision in accordance with Section 24.04.180. The short-term rental permit shall be deemed to be suspended during the pendency of any appeal.

1. Hearing before Planning Commission.

a. The applicant or permittee may appeal a decision of the director of planning and community development to deny, revoke, suspend, or modify a short-term rental permit.

b. An appeal must be initiated by submitting a written statement to the department of planning and community development and payment of an appeal fee to the city clerk within ten calendar days of the date of the notice of the director’s decision. Notice of the hearing to be scheduled for the earliest regular meeting of the decision-making body shall be provided by the city clerk to the appellant not less than five days prior to the hearing date. The appellant shall have the opportunity to present an opening statement, evidence, and a closing statement. Thereafter, the decision-making body shall consider the relevant evidence and the record of the matter, and determine whether to affirm, set aside, or modify the decision appealed therefrom. Thereafter, the appellant shall be notified of the final decision via first class mail.

2. Appeal to City Council. The decision of the planning commission is appealable to the city council within ten calendar days of the date of the notice of its decision in accordance with Section 24.04.185. The decision of the city council shall be final, subject to judicial review applying the burden of proof as set forth in Section 24.04.200, and pursuant to Code of Civil Procedure Sections 1094.5 and 1094.6.

(Ord. 2017-18 § 1 (part), 2017).