Chapter 24.14 ENVIRONMENTAL RESOURCE MANAGEMENT

The purpose and intent of the conservation regulations is to protect the public health, safety and community welfare; and to otherwise preserve the natural environmental resources of the city of Santa Cruz in areas having significant and critical environmental characteristics. The conservation regulations have been developed in general accord with the policies and principles of the General Plan, as specified in the Environmental Quality Element, the Safety Element of the General Plan, and the Local Coastal Program, and any adopted area or specific plans. It is furthermore intended that the conservation regulations accomplish the following:

1. Minimize cut, fill, earthmoving, grading operations, and other such man-made effects on the natural terrain;

2. Minimize water runoff and soil erosion caused by human modifications to the natural terrain;

3. Minimize fire hazard and risks associated with landslides and unstable slopes by regulating development in areas of steep canyons and arroyos and known landslide deposits;

4. Preserve riparian areas and other natural habitat by controlling development near the edge of ponds, streams, or rivers;

5. Encourage developments which use the desirable, existing features of land such as natural vegetation, climatic characteristics, viewsheds, possible geologic and archaeological features, and other features which preserve a land’s identity;

6. Maintain and improve to the extent feasible existing water quality by regulating the quantity and quality of runoff entering local watercourses;

7. Maintain and improve to the extent feasible existing air quality by achieving or exceeding state air quality guidelines;

8. Serve as part of the Local Coastal Implementation Plan of the Local Coastal Program.

(Ord. 2006-02 § 4 (part), 2006: Ord. 94-33 § 63, 1994: Ord. 85-05 § 1 (part), 1985).

24.14.020 GENERAL PROVISIONS.

1. Applicability. The conservation regulations in this part apply to every zoning district within the city of Santa Cruz, except as specifically provided herein. Where conflict in regulations occurs, the regulations set forth in this part shall apply.

2. Relationship to Minor Land Divisions and Subdivisions. No minor land division or subdivision shall create lots which would necessitate exceptions to these regulations.

Areas where construction shall not occur because of environmental constraints may be specified on parcel and tentative maps so that maximum feasible conformance with this part can be attained. Where such areas are designated, they shall prevail over setbacks set forth in this title.

3. Relationship to Environmental Impact Reports (EIRs) and Negative Declarations. Appropriate measures recommended in EIRs and negative declarations to mitigate identified significant environmental impacts shall be incorporated in project design, unless appropriate findings, as required by CEQA, are made.

4. Setback Requirements – General. In its review of a development proposal, the zoning board may require building setbacks greater than those required by the zoning district in which a project is located, if it determines that the additional setback is necessary to achieve the purposes set forth in Section 24.14.010 of Part 1, Conservation Regulations.

5. In the Coastal Zone all development that involves alteration of or discharge into wetlands or streams and riparian vegetation shall be subject to review by the Department of Fish and Game whose requirements shall be incorporated into development plans prior to approval of the coastal development permit. However, standards of the certified LUP which are more protective of resources shall prevail over Department of Fish and Game requirements.

(Ord. 94-33 § 64, 1994: Ord. 88-55 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.14.030 SLOPE REGULATIONS (OUTSIDE THE COASTAL ZONE).

1. Applicability and Purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by combustible vegetation and steep and/or unstable slopes. Minor sculpted landforms, such as berms or swales, shall be exempt from the following regulations. A further purpose is to avoid excessive height, bulk, and mass normally associated with building on slopes.

a. Building permit applications for new structures on slopes of ten percent or greater shall include an accurate topographic map. The map shall contain contours of two-foot intervals for slopes of twenty percent grade.

b. Slopes thirty percent or greater shall not be considered in the density determination of a property.

c. Construction of buildings (as defined in Section 24.22.154) or structures (as defined in Section 24.22.822) on or within twenty feet of slopes fifty percent or greater shall require approval of a slope development permit at a public hearing before the zoning administrator, unless they are exempted pursuant to subsection (1)(g). Construction of buildings (as defined in Section 24.22.154) on or within twenty feet of slopes greater than or equal to thirty but less than fifty percent shall require administrative approval of a slope development permit with no public hearing required, unless they are exempted pursuant to subsection (1)(g).

d. When a slope development permit is required pursuant to subsection (1)(c), a site-specific geological review consistent with the California Division of Mines and Geology guidelines shall be provided by a state-qualified professional. The review shall include consideration of material, height of slope, slope gradient, load intensity, and erosion characteristics of slope material. The recommendations contained in the review, including but not limited to California Building Code requirements, shall be incorporated into the design of the building project to prevent slope instability as a result of new development.

e. All development on slopes shall be designed so that drainage water to and from the site complies with applicable local, Regional Water Quality Control Board, and state standards.

f. Proposed buildings on parcels within or adjacent to fire hazard areas as designated in the safety element of the general plan shall maintain separation from combustible vegetation as required by the city fire department. Removal of combustible vegetation may also be required as part of project approval.

g. Minor development not including buildings (as defined in Section 24.22.154) or grading over fifty cubic yards, may encroach on slopes greater than or equal to thirty percent. Minor development can include things such as walkways, fences, retaining walls less than three feet high above existing grade, planter boxes, stairways, decks extending not more than five feet into a slope greater than or equal to thirty percent, and similar features, or similar minor development as determined by the zoning administrator, may encroach on slopes greater than or equal to thirty percent without a slope development permit.

h. No new lot shall be created that does not comply with the requirements of Section 23.04.050.3, Subdivision principles – Buildable lots.

i. For all development within one hundred feet of a coastal bluff, a site-specific geologic report consistent with the California Division of Mines and Geology guidelines shall be prepared by a state qualified professional.

2. Driveway Design Standards.

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

b. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight.

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

d. Driveways within slopes that are thirty percent or greater shall require a slope development permit per Part 9 of Chapter 24.08.

(Ord. 2022-18 § 20, 2022; Ord. 2022-08 § 4, 2022; Ord. 95-30 § 4, 1995: Ord. 94-34 § 16, 1994: Ord. 94-33 § 65, 1994: Ord. 88-13 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.14.030a SLOPE REGULATIONS (IN THE COASTAL ZONE).

1. Applicability and Purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by combustible vegetation and steep and/or unstable slopes. Such areas include canyons, arroyos, slopes over thirty percent (see Maps EQ-6 and EQ-7 in the General Plan). Minor sculpted landforms, such as berms or swales, shall be exempt from the following regulations. A further purpose is to avoid excessive height, bulk and mass normally associated with building on slopes.

b. Slopes thirty percent or greater shall not be considered in the density determination of a property.

c. Parcels with a portion of the area in slopes of thirty percent or greater shall require the minimum lot area of the applicable zoning district in slopes of less than thirty percent. The area in slopes of less than thirty percent must be contiguous to the proposed building site.

d. No building shall be located on a slope of thirty to fifty percent, or within twenty feet of a thirty to fifty percent slope, unless an exception is granted pursuant to Section 24.14.040 or a variance is granted pursuant to Section 24.08.800a.

e. No structure shall be located on a slope greater than fifty percent.

f. Proposed buildings on parcels within or adjacent to fire hazard areas as designated in the safety element of the General Plan (Map S-11) shall maintain separation from combustible vegetation as required by the city fire department. Removal of combustible vegetation may also be required as part of project approval.

g. No development except minor development on parcels of one-half acre or less, such as walkways, fences, retaining walls less than three feet high above existing grade, planter boxes and similar features, will be allowed to encroach on thirty percent slopes without an exception listed in Section 24.14.040.

h. No new lot shall be created which will require the house to be sited within twenty feet of a thirty percent slope.

i. For all development within one hundred feet of a coastal bluff, a site-specific geologic investigation prepared by a qualified professional consistent with the California Division of Mines and Geology guidelines shall be prepared.

2. Driveway Design Standards.

a. Driveways shall be designed with existing contours to the maximum extend feasible.

b. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight.

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

d. Driveways within slopes that are thirty percent or greater shall require an exception listed in Section 24.14.040.

(Ord. 2022-08 § 4, 2022).

24.14.040 EXCEPTION (IN THE COASTAL ZONE ONLY).

The zoning administrator may, through slope modification permit procedures, grant exception to Section 24.14.030a(1)(d) when the exception is no less than ten feet from the top edge of the slope and to Section 24.14.030a(1)(g) when the exception is not a building, where strict compliance with that subsection creates a particular physical hardship and there are no reasonable alternatives to the exception, and when the applicable conditions in Section 24.08.810a are found.

(Ord. 2022-08 § 4, 2022; Ord. 95-30 § 5, 1995: Ord. 94-34 § 17, 1994: Ord. 91-14 § 6, 1991; Ord. 88-13 § 3, 1988: Ord. 85-05 § 1 (part), 1985).

24.14.050 DRAINAGE CONTROL.

1. General Provisions.

a. Applicability. A drainage plan shall be provided for all large and small projects, as defined below, when existing drainage patterns would be altered by new construction. All drainage plans for properties adjacent to watercourses and wetlands shall be in conformance with requirements of Section 24.08.2100 (Watercourse Development Permit) and with the policies of the City-wide Creeks and Wetlands Management Plan. Drainage plans shall be submitted and reviewed as part of project approval.

b. Roof Drainage. All roof drains shall be discharged so as to minimize erosion.

c. Disposition of Stormwaters. Where storm drainage from the project is to be discharged into natural watercourses, the drainage plan shall include methods to safeguard or enhance existing water quality.

d. Stormwater Runoff. Storm drainage runoff resulting from project development should be minimized. To that end, devices such as detention basins, percolation ponds, or sediment traps may be required, where appropriate or as specified in an adopted area plan or wetlands management plan.

e. Surface Water. All surface water shall be directed to a public or private street, driveway, public right-of-way, drainage easement, or watercourse.

2. Small Project Drainage Plan.

a. Requirement. A drainage plan, pursuant to Section 24.14.050, subsection (2)(b), prepared by a licensed civil engineer or other qualified licensed professional, shall be required of projects which involve:

(1) Residential, commercial, public or quasi-public or industrial development or additions thereto, constructed on slopes of less than ten percent and parking lots of five or fewer spaces;

(2) Minor land divisions involving lands with slopes of ten percent or greater.

b. Contents. Drainage plans for small projects as defined above shall indicate the direction of water flow and the ultimate disposition of surface water. This plan shall be reviewed as part of project approval.

3. Large Project Drainage Plan.

a. Requirements. A drainage plan, pursuant to Section 24.14.050, subsection (3)(b), prepared by a licensed civil engineer or other qualified licensed professional, shall be required of projects which involve:

(1) Residential subdivisions or cluster developments when development potential exceeds four units;

(2) Residential, commercial, public or quasi-public or industrial development or additions thereto, if constructed on lands with slope in excess of ten percent and parking lots of more than five spaces;

(3) Any development adjacent to an environmental constraint area identified in the Environmental Quality and Safety Elements of the General Plan or the Local Coastal Program;

(4) Projects for which the planning director determines that such a plan is warranted by existing site conditions.

b. Contents. Drainage plans for large projects shall be prepared by a qualified professional and shall contain at least the following:

(1) A site plan indicating existing and proposed contours;

(2) The direction of water flow;

(3) Details on drainage control facilities such as size and location of all culverts, pipe drains, drain inlets, berms, ditches, interceptor drains or swales, and energy dissipaters where necessary;

(4) Erosion control methods as outlined in Section 24.14.060.

(Ord. 2006-02 § 4 (part), 2006: Ord. 94-33 § 66, 1994: Ord. 85-05 § 1 (part), 1985).

24.14.060 EROSION HAZARD AREAS.

1. Applicability. An erosion control plan shall be required for all projects located within, or adjacent to, erosion hazard areas as designated in Maps EQ-6 and EQ-7 in the Environmental Quality Element of the General Plan. An erosion control plan, as defined in subsection (3), of this section, shall also be required for development proposals on slopes in excess of ten percent for all major development proposals and for all development adjacent to streams and wetland areas. When required, an erosion control plan shall be prepared in accordance with subsection (4) of this section.

2. General Provisions.

a. Measures shall be employed during construction phases to protect exposed soils from erosion.

b. Site development shall be fitted to the topography and soil so as to create the least potential for erosion.

c. Vegetation removal shall be limited to that amount necessary and as indicated on approved erosion control plans.

d. As the permanent vegetation cover is maturing, temporary vegetation, sufficient to stabilize the soil, shall be established on all disturbed areas as needed and as each stage of grading is completed. New planting shall be protected by using jute netting, mulching, fertilizing, and irrigation.

e. The applicant shall replace destroyed vegetation and trees planned and approved for retention. Protection of tree crowns and root zones shall be required for all trees planned for retention.

f. Land shall be developed in increments of workable size which can be completed in a single construction season. Erosion and sediment control measures shall be coordinated with a sequence of grading, development, and construction operations. Erosion control measures shall be put into effect prior to the commencement of the next inclement period.

g. All on-site erosion-control facilities, both temporary and permanent, shall be properly maintained by the owners so that they do not become nuisances with stagnant water, odors, insect breeding, heavy algae growth, debris, and/or safety hazards.

h. Prior to final planning department clearance for occupancy of the development project, all approved permanent erosion control measures shall be installed.

i. In the Coastal Zone grading periods shall be consistent with LUP Policy EQ 3.1.2.1. (page 64).

3. Erosion Control Plan. For major development proposals as defined below, the erosion control plan shall be prepared by a registered civil engineer, professional forester, qualified soil scientist or other qualified erosion control specialist. Major proposals include, but are not limited to:

a. Residential development with four or more units;

b. Grading in excess of one thousand cubic yards;

c. Nonresidential development with floor area greater than ten thousand square feet, when constructed on slopes in excess of ten percent; or

d. Additions to residential, commercial, or industrial developments when constructed on slopes in excess of ten percent;

e. Any development within an erosion hazard area as identified in Map EQ-6 of the Environmental Quality Element or the Local Coastal Program.

4. Contents and Preparation. Two sets of erosion-control plans shall be submitted for each application. The plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed. Erosion control plans shall include the following information:

a. Location and assessor’s parcel number of the proposed site.

b. North arrow, scale, and the name and location of the nearest public road intersection.

c. Existing contours of the site, as well as finished contours to be achieved by grading. Contours shall be at two-foot intervals for ground slope areas of twenty percent or less; and/or at five-foot intervals for ground slope areas of more than twenty percent. Such contours shall relate to the bench mark system established by the city engineer.

d. Detailed plans of all surface and subsurface drainage devices, dams, and other erosion control measures to be constructed with, or as a part of, the proposed work.

e. Delineation of areas to be cleared during development activities.

f. Vegetation proposed for all surfaces exposed or expected to be exposed during development activities, including cut-and-fill slopes.

g. Approximate location and drip line of existing trees or tree stands with an eight-inch or greater trunk caliper. Any trees proposed to be removed shall be so designated.

h. Name and address of owner.

i. Name, address, professional status, license number, if applicable, and phone number of the person who prepared the plan.

5. Exceptions. Applications for activities where no land disturbance is anticipated may be accompanied by a statement to that effect, for planning director approval, in lieu of an erosion control plan. Such activities may include, but are not limited to:

a. Change of use where there would be no expansion of land-disturbing activities.

b. Construction within an existing structure.

(Ord. 94-33 § 67, 1994: Ord. 85-05 § 1 (part), 1985).

24.14.070 SEISMIC HAZARDS.

1. Applicability. This section shall apply to project sites within areas identified as having potential for liquefaction as designated in the Safety Element of the General Plan (Map S-6).

2. Requirements. A site-specific investigation prepared by a qualified professional shall be conducted for new residential developments of more than four units, new commercial, industrial, public, and quasi-public structures proposed for construction in areas defined in subsection (1) herein. This investigation shall assess the degree of potential for liquefaction and/or seismic disturbance and shall suggest mitigation measures.

In addition, in the Coastal Zone seismic hazard areas a site-specific investigation shall be prepared for all habitable structures.

3. Action. When reviewing projects located in designated liquefaction areas, the zoning administrator or board shall find that appropriate mitigation measures from the required site investigation report have been incorporated into the design of the project. Further, if the zoning administrator or board finds that proposed mitigation measures, including engineering techniques, cannot reduce identified hazards to acceptable risk levels, then the location of the proposed project shall be modified and/or the project disapproved.

(Ord. 94-33 § 68, 1994: Ord. 85-05 § 1 (part), 1985).

24.14.080 WILDLIFE HABITATS AND PLANT COMMUNITIES.

1. Applicability. The provisions of this section shall apply to Wildlife Habitat Areas and Plant Communities identified in Maps EQ-8 and EQ-9 of the Environmental Quality Element of the General Plan and Coastal Land Use Plan or as designated as part of an environmental review process.

2. Precise Boundaries of Designated Areas. Except for areas defined by the City-wide Creeks and Wetlands Management Plan, the precise boundary of areas identified in subsection (1), above shall be determined on a case-by-case basis by a biologist with relevant academic training and experience in instances of uncertainty.

3. Wildlife Habitats and Plant Communities. Construction, grading or removal of vegetation shall be permitted within wildlife habitats and plant communities where:

a. The development or project is in conformance with Section 24.08.2100 and with the policies of the City-wide Creeks and Management Plan.

b. Existing vegetation is preserved to the maximum extent possible;

c. The integrity of the area as a habitat is not compromised;

d. Landscaping is designed to provide a natural buffer and provide native food-bearing plant species to the greatest extent feasible;

e. Protected species under the federal Endangered Species Act, the California Endangered Species Act, and the California Native Plant Protection Act are not present or jurisdictional permits from the appropriate state or federal agency have been received for their removal.

4. Preservation of Vegetation. In conjunction with any of the above-listed uses, the following shall apply with regard to the preservation of existing vegetation:

a. Removal or planting of vegetation shall be in conformance with Section 24.08.2100 and with the policies of the City-wide Creeks and Wetlands Management Plan.

b. Existing vegetation shall be preserved to the maximum extent possible.

c. Existing trees or tree stands located on a site for which a discretionary permit is required shall not be removed until such a permit is approved by the decision-making body.

d. Trees subject to the Heritage Tree Ordinance and other trees designated for protection by a development proposal shall be protected through the use of barricades or other appropriate methods during the construction phases.

e. Landscaping, grading and building design shall ensure ongoing viability of remaining vegetation.

f. Wherever removal of vegetation is necessitated by any of the above uses, replacement vegetation of an equivalent kind, quality and quantity shall be provided.

(Ord. 2006-02 § 4 (part), 2006: Ord. 94-33 § 69, 1994: Ord. 88-55 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

24.14.090 GROUNDWATER RECHARGE AREAS.

Development within groundwater recharge areas identified by Map EQ-2 in the Environmental Quality Element of the General Plan shall be planned to minimize adverse environmental impacts. Structures and other impervious surfaces constructed in the R-1, R-L, and R-M Zoning Districts shall not cover more than fifty-five percent of the project site.

(Ord. 94-33 § 70, 1994: Ord. 85-05 § 1 (part), 1985).

Part 2: PERFORMANCE STANDARDS

24.14.200 PURPOSE.

The purpose of performance standards in the control of land uses in the city is to enable potential nuisance factors to be measured factually and objectively where possible and to protect the community as a whole from hazards and nuisances which can be prevented by modern processes and methods of control and elimination. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 94-33 § 71, 1994: Ord. 85-05 § 1 (part), 1985).

24.14.210 GENERAL APPLICATION.

Potential nuisance factors such as vibration, odor, glare and noise shall be considered as part of use permit and environmental review for all proposed projects. Other nuisance factors such as fire and explosion hazards, radioactivity, air and water contamination are regulated by other agencies of the government (local, state and federal) and regulations of such agencies are adopted herein by reference.

(Ord. 85-05 § 1 (part), 1985).

24.14.220 GENERAL PROVISIONS.

No land or building in any district shall be used or occupied in any manner so as to constitute any dangerous, injurious, noxious, or otherwise objectionable public nuisance; or fire, explosive, or other hazard; or to create noise or vibration; smoke, dust, odor, or any other form of air pollution; glare, heat, cold, dampness; electrical or other disturbance; radioactivity; liquid or solid refuse and wastes, or any form of water or soil pollution; or other substance, condition, or element in such a manner or in an amount as to adversely affect the surrounding area or adjoining premises.

(Ord. 85-05 § 1 (part), 1985).

24.14.225 PROHIBITED USES.

Basic industrial processing of extracted or raw materials, processes utilizing flammable or explosive materials (i.e., materials which ignite easily under normal manufacturing conditions), and processes which create hazardous or commonly recognized offensive conditions are prohibited. This includes any use which produces or uses asbestos in any manufacturing process.

(Ord. 85-05 § 1 (part), 1985).

24.14.230 ENFORCEMENT, CONTINUED COMPLIANCE.

The owner or operator of each land use to which performance standards apply shall be responsible for maintaining a continuing level of performance within the limits set by this part and within the limits established by regional environmental standards. Initial and continued compliance with performance standards prescribed herein is required of every use in the city, and provisions for the enforcement of continued compliance with performance standards shall be invoked by the zoning administrator against any use, if there are reasonable grounds to believe that performance standards are being violated by such use. The zoning administrator shall investigate any purported violation of performance standards and, for such investigation, may employ qualified experts. If such investigation discloses that a violation does, in fact, exist, or that a violation has occurred and that, without corrective action, such violation may reoccur, the zoning administrator shall forward to the zoning board a report of his/her investigation and findings.

(Ord. 85-05 § 1 (part), 1985).

24.14.240 PROCEDURE.

1. Upon receipt of the zoning administrator’s report on a violation of performance standards, a public hearing to consider said matter shall be held by the zoning board.

2. Upon a finding of the zoning board that a violation exists or that corrective action is necessary to prevent the occurrence or the reoccurrence of a violation, the operator of the violating facility shall be ordered to cease and desist; and all permits, zoning clearances or any other approvals for the said operation shall be voided and terminated until such time as the required corrective action is taken and approved by the zoning board following a report by the zoning administrator.

3. Where special qualified consultants have been retained by the city to determine the existence or the extent of a violation, and where the zoning board has ordered corrective action, no permits or approvals for reinstatement of the operation shall be authorized until the operator of the facility shall reimburse the city, in full, for the cost of employing the special qualified consultants.

(Ord. 85-05 § 1 (part), 1985).

24.14.250 POINTS OF MEASUREMENT.

The determination of the existence of any dangerous and objectionable elements shall be made at the location of the use creating the same, and at any points where the existence of such elements may be most apparent (herein referred to as “at any point”); provided, however, that the measurement necessary for the enforcement of performance standards having to do with noise, vibration, odors, or glare, shall be taken at the following points of measurement:

1. For activities located in any district except the C-B or the I-G Districts: at any point on or outside the property plane of the property upon which the activity is conducted;

2. For activities located in the I-G Districts: at any point on or outside the boundary of the district within which the activity is conducted;

3. For activities located in the C-B Districts: at any point over one thousand one hundred feet from the point of emission.

4. For activities located in any district, except the C-B or I-G Districts, where a noise conflict may result from a mix of uses on one property: at any one point along a wall, ceiling, floor, door or passageway which separates the use from which the noise emanates, from other uses on the same property.

5. The appropriate methodology and standards for the preparation of noise reports shall be prepared by and on file with the department of planning and community development for use in the enforcement of this chapter.

(Ord. 85-34 § 1, 1985: Ord. 85-05 § 1 (part), 1985).

24.14.260 NOISE.

At the points of measurement specified in this part, the maximum sound level shall not exceed the following limits:

1. Noise Limits, Residential Property. No person shall produce, suffer or allow to be produced by any machine, animal or device, or any combination of the same, on residential property, a noise level more than five dBA above the local ambient. The local ambient shall establish the maximum noise limit. More stringent noise limits may be established for specific uses through the conditions of a use permit.

2. Noise Limits, Commercial and Industrial Property. No person shall produce, suffer or allow to be produced by any machine or device, or any combination of same, on nonresidential property, a noise level more than six dBA above the local ambient at the points of measurement established in this part. The local ambient shall establish the maximum noise limit. More stringent noise limits may be established for specific uses through the conditions of a use permit.

3. Corrections. The allowable noise level in relation to the ambient level shall be reduced for noise of unusual character. The allowable noise level will be adjusted as follows for unusual noise:

dBA

a. Noise with no unusual character..........0

b. Noise containing a piercing,
pure tone............................. +5*

c. Noise that is impulsive,
rattling, rising or falling
in pitch or volume, humming,
screeching, throbbing,
pulsating, etc........................ +5

d. Noise which contains speech,
music or other information content.... +5

* By adding to the measured noise, the unusual noise is penalized 5dBA.

(Ord. 85-34 § 1, 1985: Ord. 85-05 § 1 (part), 1985).

24.14.261 RESERVED.

* Editor’s Note: § 1 of Ordinance 91-18, on the topic of “Noise – Construction Activities,” was formerly codified herein. Said ordinance was originally effective 6/11/91, and was scheduled to expire 1/3/92: it was subsequently extended until 1/13/93 by § 1 of Ord 92-02.

24.14.262 VIBRATION.

No vibration (other than from transportation facilities or temporary construction work) shall be permitted which is discernible without instruments at the points of measurement specified in this part.

(Ord. 85-05 § 1 (part), 1985).

24.14.264 ODORS.

No emission shall be permitted of odorous gases or other odorous matter in such quantities as to be readily detectable when diluted in the ratio of one volume of odorous air to four volumes of clean air, at the points of measurement specified in this part, or at the point of greatest concentration.

1. Any process which may involve the creation or emission of any odors may be required to provide a secondary safeguard system, so that control will be maintained if the primary safeguard system should fail.

2. There is hereby established as a guide in determining such quantities of offensive odors, Table III, Odor Thresholds, in Chapter 5, Air Pollution Abatement Manual, copyright 1951, by Manufacturing Chemists’ Association, Inc., Washington, D.C., and said manual and/or table as subsequently amended.

(Ord. 85-05 § 1 (part), 1985).

24.14.266 GLARE.

No direct or sky-reflected glare, whether from floodlights or from high-temperative processes, such as combustion or welding, so as to be visible at the points of measurement specified in this part, shall be permitted. This restriction shall not apply to signs or lighting of buildings or grounds for advertising or protection otherwise permitted by the provisions of this title.

(Ord. 85-05 § 1 (part), 1985).

24.14.268 FIRE AND EXPLOSION HAZARDS.

All storage of, and all activities involving inflammable and explosive materials shall be provided at any point with adequate safety devices against, the hazards of fire and explosion, as well as with adequate firefighting and fire-suppression equipment and devices standard in the industry. Burning of waste materials in open fires is prohibited at any point.

(Ord. 85-05 § 1 (part), 1985).

24.14.270 RADIOACTIVITY OR ELECTRIC DISTURBANCE.

No activities shall be permitted which emit dangerous radioactivity at any point, or electrical disturbance adversely affecting the operation at the point of measurement of any equipment other than that of the creator of such disturbance.

(Ord. 85-05 § 1 (part), 1985).

24.14.272 SMOKE, FLY ASH, DUST, FUMES, VAPORS, GASES, AND OTHER FORMS OF AIR POLLUTANTS OR CONTAMINANTS.

No emission shall be permitted from any source which shall exceed the permissible amounts or limits established for such emissions by the Rules and Regulations of the Monterey-Santa Cruz Counties Unified Air Pollution Control District.

(Ord. 85-05 § 1 (part), 1985).

24.14.274 SOLID OR LIQUID WASTES.

No discharge of any materials of such nature or temperature as may contaminate any water supply, interfere with bacterial processes in sewage treatment, or otherwise cause the emission of dangerous or objectionable elements, shall be permitted at any point into public or private sewage systems, or streams, or onto or into the ground, except in conformance with the standards and limitations established by the State Department of Health, the Central Coastal Regional Water Quality Control Board, or the applicable sections of the Santa Cruz Municipal Code. No material or wastes shall be deposited on any property in such form or manner that they may be transferred off the property by natural causes or forces. Any wastes which might be attractive to rodents or insects shall be stored outdoors only in closed containers.

(Ord. 85-05 § 1 (part), 1985).

24.14.290 DRIVE-THROUGH USES.

No drive-through use shall be located adjacent to a residential district. No drive-through use shall be located within one-quarter mile of any other drive-through use. No drive-through use shall be located on a parcel, any part of which is within three hundred feet of the nearest point of a signalized intersection.

(Ord. 85-05 § 1 (part), 1985).

Part 3: ENVIRONMENTAL REVIEW REGULATIONS

24.14.300 GENERAL APPLICATION.

All projects shall be subject to environmental review in accordance with the California Environmental Quality Act (CEQA) and Procedures for Implementing the California Environmental Quality Act of 1970, City of Santa Cruz, as periodically approved and amended by the city council.

(Ord. 85-05 § 1 (part), 1985).

Part 4: FLOODPLAIN MANAGEMENT

24.14.400 PURPOSE.

It is the purpose of this chapter to promote the public health, safety, and general welfare, and to minimize public and private losses due to flood conditions in flood hazard areas through regulations designed to:

1. Protect human life and health;

2. Minimize expenditure of public money for costly flood-control projects;

3. Minimize the need for rescue and relief efforts associated with flooding and generally undertaken at the expense of the general public;

4. Minimize prolonged business interruptions;

5. Minimize flood damage to public facilities and utilities such as water and gas mains; electric, telephone, and sewer lines; and streets and bridges located in areas of special flood hazard;

6. Maintain a stable tax base by regulating development in areas of special flood hazard so as to minimize flood blight areas;

7. Ensure that potential buyers are notified that property is in an area of special flood hazard;

8. Ensure that those who occupy the areas of special flood hazard assume responsibility for their actions;

9. Restrict or prohibit uses which are dangerous to health, safety and property due to water or erosion hazards, or which result in damaging increases in erosion or in flood heights or velocities;

10. Require that uses vulnerable to floods, including facilities which serve such uses, be protected against flood damage at the time of initial construction;

11. Control the alteration of natural floodplains, stream channels and natural protective barriers, which help accommodate or channel floodwaters;

12. Control filling, grading, dredging, and other development which may increase flood damage; and

13. Prevent or regulate the construction of flood barriers which will divert floodwaters or which may increase flood hazards in other areas;

14. Meet the requirements of the National Flood Insurance Program; and

15. Serve as part of the Local Coastal Implementation Plan of the Local Coastal Program.

(Ord. 2005-24 § 1 (part), 2005: Ord. 94-33 § 72, 1994: Ord. 87-03 § 1, 1987: Ord. 85-05 § 1 (part), 1985).

24.14.410 DEFINITIONS.

The definitions below apply to terms as used in this chapter. Unless specifically defined below, words or phrases used in this chapter shall be interpreted so as to give them the meaning they have in common usage and to give this part its most reasonable application.

1. Accessory Use. A use which is incidental and subordinate to the principal use of the parcel of land on which it is located.

2. Appeal. A request for a review of the interpretation of the director of planning and community development, or his/her designee, of any provisions of this part or a request for a variance.

3. Base Flood. A flood having a one percent chance of being equaled or exceeded in any given year (also called the “100-year flood”).

4. Basement. Any area of the building having its floor subgrade, i.e. below ground on all sides.

5. Breakaway Walls. Any type of walls, constructed of any suitable building material and whether solid or lattice, which is not part of the structural support of the building and which is designed to break away under abnormally high tides or wave action without causing any damage to the structural integrity of the building on which they are used or any buildings to which they might be carried by flood waters. A breakaway wall shall have a safe design loading resistance of not less than ten and no more than twenty pounds per square foot. Use of breakaway walls must be certified by a registered engineer or architect and shall meet the following conditions:

a. breakaway wall collapse shall result from a water load less than that which would occur during the base flood, and

b. the elevated portion of the building shall not incur any structural damage due to the effects of wind and water loads acting simultaneously in the event of a base flood.

6. Coastal High Hazard Area. The area subject to high-velocity waters, including, but not limited to coastal and tidal inundation or tsunamis. The area is designated on a Flood Insurance Rate Map as Zone V1-V30, VE, or V.

7. Development. Any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials located within the area of special flood hazard.

8. Encroachment. The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.

9. Flood. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source.

10. Flood Boundary and Floodway Map (FBFM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway.

11. Flood Hazard Area or Special Flood Hazard Area. The land in the floodplain subject to one-percent or greater chance of flooding in any given year. This area is designated as Zone A, A1-30 and V on the FIRM.

12. Flood Hazard Boundary Map. The official map on which the Federal Emergency Agency or Federal Insurance Administration has delineated the areas of flood hazard.

13. Flood Insurance Rate Map (FIRM). The official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk of premium zones applicable to the community.

14. Flood Insurance Study. The official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood.

15. Floodplain Administrator. The individual appointed to administer and enforce the floodplain management regulations.

16. Floodplain Area. The land on either side of a creek or other watercourse which may be subject to flooding. Includes the one-hundred-year floodplain and floodway as determined by the Federal Flood Insurance Program and shown on both the currently effective Flood Insurance Program and the currently effective Flood Insurance Rate Map and Flood Boundary and Floodway Map 7.

17. Floodplain Management. The operation of an overall program of corrective and preventative measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.

18. Floodproofing. Any combination of structural and nonstructural additions, changes or adjustments to structures which reduce or eliminate flood damage to real estate or improved property, water and sanitary facilities, structures and their contents. (Refer to FEMA Technical Bulletins TB1-93, TB3-93, and TB7-93 for guidelines on dry and wet floodproofing.)

19. Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. The floodway is delineated on the Flood Boundary and Floodway Map.

20. Fraud and Victimization. Variances granted in accordance with the part must not cause fraud on or victimization of the public. In examining this requirement, the Floodplain Administrator will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject during all those years to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs, inconvenience, danger, and suffering that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.

21. Functionally Dependent Use. A use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not include long-term storage or related manufacturing facilities.

22. Highest Adjacent Grade. The highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure.

23. Levee. A man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control, or divert the flow of water so as to provide protection from temporary flooding.

24. Lowest Floor. The lowest floor of the lowest enclosed area, including basement.

a. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non-elevation design requirements, including, but not limited to:

(i) The wet floodproofing standard in Section 24.14.460.1.c.(4);

(ii) The anchoring standards in Section 24.14.460.1.a;

(iii) The construction materials and methods standards in Section 24.14.460.1.b; and

(iv) The standards for utilities in Section 24.14.460.5.

b. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements. This prohibition includes below-grade garages and storage areas.

25. Manufactured Home. A structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when connected to the required utilities. The term does not include a “recreational vehicle”.

26. Manufactured Home Park or Subdivision. A parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale.

27. Market Value. Determined by estimating the cost to replace the structure adjusted by the amount of any depreciation which may have accrued since the structure was constructed. The cost of replacing the structure shall be based on a fair market value appraisal or a standard value per square foot derived from a building cost estimating guide recognized by the building construction industry. Use of replacement costs or accrued depreciation factors different from those contained in recognized building cost estimating guides may be considered only if such factors are included in a report prepared by an independent professional appraiser and supported by a written explanation of the differences.

28. Mean Sea Level. For purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929 or other datum to which base flood elevations shown on a community’s Flood Insurance Rate Map are referenced.

29. New Construction. For floodplain management purposes, structures for which the “start of construction” commenced on or after the effective date of this part, and includes any subsequent improvements to such structures.

30. Obstruction. Includes, but is not limited to, any dam, wall, wharf, embankment, levee, bridge, culvert, fence, fill, structure, vegetation, or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.

31. Public Safety and Nuisance. As related to Section 24.14.450 of this chapter, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, or any navigable lake, or river, bay, stream, canal or basin.

32. Recreational Vehicle. A vehicle which is built on a single chassis; 400 square feet or less when measured a the largest horizontal projection; designed to be self-propelled or permanently towable by a light-duty truck; and designated primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.

33. Regulatory Floodway. The channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot.

34. Riverine. Relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.

35. Start of Construction. For other than new construction or substantial improvements under the Coastal Barrier Resources Act (Pub. L. 97-348), includes substantial improvement, and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, placement, or other improvement was within one hundred eighty days of the permit date. The “actual start” means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufactured home on a foundation. “Permanent construction” does not include land preparation, such as clearing, grading or filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.

36. Structure. A walled and roofed building that is principally above ground, including a gas or liquid storage tank or a manufactured home.

37. Substantial Damage. Damage of any origin sustained by a structure whereby the cost of restoring the structure to its condition prior to damage would equal or exceed 50 percent of the market value of the structure before the damage occurred.

38. Substantial Improvement. Any repair, reconstruction, or improvement of a structure, the cost of which equals or exceeds fifty percent of the market value of the structure before the improvement or repair is started. This term includes structures which have incurred “substantial damage”, regardless of the actual repair work performed.

This term does not, however, include either:

a. Any project for improvement of a structure to comply with existing state or local health, sanitary, or safety code specifications which are solely necessary to assure safe living conditions, or

b. Any alteration of a structure listed on the National Register of Historic Places or the State Inventory of Historic Places.

39. Variance. A grant of relief from the requirements of this part which permit construction in a manner that would otherwise be prohibited by this part.

40. Violation. The failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such a time as that documentation is provided.

41. Water Surface Elevation. The height, in relation to the National Geodetic Vertical Datum of 1929 (or other datum where specified) of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.

42. Watercourse. A lake, river, creek, stream, wash, arroyo, channel, or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

(Ord. 2005-24 § 1 (part), 2005: Ord. 87-03 § 1 (part), 1987: Ord. 85-05 § 1 (part), 1985).

24.14.420 FLOODPLAIN MANAGEMENT – ADMINISTRATION.

1. Appointment of Floodplain Administrator. The director of planning and community development or the director’s designee is appointed to implement this part.

2. Base Flood Elevation Data. The director shall collect, record, and maintain base flood elevation data as follows: the director shall obtain, review and reasonably utilize any base flood elevation and floodway data available from a federal, state, or other source, as criteria for requiring that new construction, substantial improvements, or other development in Zone A as follows:

a. The actual elevation (in relation to mean sea level) of the lowest habitable floor (including basement) of all new or substantially improved structures;

b. For all new or substantially improved floodproofed structures:

(1) The actual elevation (in relation to mean sea level), and

(2) The floodproofing certifications required in Section 24.14.460, subsection (1)(c)(3)(c).

3. Maintenance of Flood Protection Measures. The director shall require maintenance to be provided within the altered or relocated portion of an altered watercourse so that the flood-carrying capacity is not diminished.

4. Notifying Adjacent Communities. The director shall notify the county of Santa Cruz and other appropriate agencies (e.g. the California Department of Water Resources) prior to any alteration or relocation of a watercourse, and submit evidence of such notification to the Federal Insurance Administration. The flood carrying capacity within the altered or relocated portion of the watercourse shall be maintained.

5. Public Records. The department of planning and community development shall maintain for public inspection all records pertaining to the provisions of this part.

6. Interpretation of Flood Hazard Area Boundaries. The director of planning and community development or the director’s designee may make interpretations where needed, as to the exact location of the boundaries of the areas of special flood hazards. Where there appears to be a conflict between a mapped boundary and actual field conditions, grade and base flood elevations shall be used to determine the boundaries of the special flood hazard area. Persons contesting the location of the boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section 24.14.450.

(Ord. 2005-24 § 1 (part), 2005: Ord. 87-03 § 1 (part), 1987: Ord. 85-05 § 1 (part), 1985).

24.14.430 LANDS TO WHICH THIS ORDINANCE APPLIES.

The floodplain management regulations in this part shall apply to the Floodplain District (FP) and Floodplain Overlay District (FP-0) and Small Craft Harbor District (SC-H) and all areas of special flood hazards within the jurisdiction of the city of Santa Cruz. Where a conflict in regulations occurs, the regulations set forth in this part apply.

(Ord. 2005-24 § 1 (part), 2005: Ord. 91-41 § 1, 1991: Ord. 87-03 § 1 (part), 1987: Ord. 85-05 § 1 (part), 1985).

24.14.435 BASIS FOR ESTABLISHING THE AREA OF SPECIAL FLOOD HAZARD.

The areas of special flood hazard identified by the Federal Insurance Administration of the Federal Emergency Management Agency in the flood insurance study dated June 17, 1986, the flood insurance rate map dated February 15, 1985 (as modified by the Letter of Map Revision dated June 26, 2002), and all subsequent amendments and/or revisions are hereby adopted by reference and declared to be a part of this chapter. This flood insurance study and attendant mapping are the minimum area of applicability of this chapter and may be supplemented by studies for other areas which allow implementation of this chapter by the floodplain administrator. The study and flood insurance rate maps are on file at City Hall, 809 Center Street, Santa Cruz.

(Ord. 2005-24 § 1 (part), 2005: Ord. 91-41 § 2, 1991).

24.14.440 FLOODPLAIN MANAGEMENT PROCEDURE.

Application Procedure. Application for any permit required for new construction or substantial improvements to existing structures in the flood hazard area shall be accompanied by the following information:

a. Site plan, including but not limited to:

(i) For all proposed structures, spot ground elevations, at building corners and 20-foot or smaller intervals along the foundation footprint, or one-foot contour elevations throughout the building site;

(ii) Proposed locations of water supply, sanitary sewer, and utilities;

(iii) Base flood elevation from the Flood Insurance Study and/or Flood Insurance Rate Map, if available; and

(iv.) Location of the regulatory floodway, if applicable.

b. Foundation design detail, including but not limited to:

(i) Elevation drawings showing mean sea level of the lowest floor, including basement, of all proposed structures, certified by a registered surveyor, engineer, or architect;

(ii) For a crawl-space foundation, location and total net area of foundation openings as required in Section 24.14.460.1.c.(4) of this chapter and FEMA Technical Bulletins 1-93 and 7-93; and

(iii) For foundations placed on fill, the location and height of fill, and compaction requirements (compacted to 95% using the Standard Proctor Test method)

c. Elevation drawings showing the mean sea level to which any proposed structure has been floodproofed as required in Section 24.14.460(c) of this chapter and FEMA Technical Bulletin TB3-93;

d. Certification by a registered professional engineer or architect that the floodproofing methods for any proposed nonresidential structure meet the development standards; and

e. Description of the extent to which any watercourse will be altered or relocated as a result of proposed development.

2. Permit Requirements. Applicants for development permits in flood hazard areas must demonstrate that:

a. The permit requirements of this part have been satisfied;

b. All necessary permits have been obtained from federal, state or local governmental agencies from which prior approval is required;

c. The cumulative effect of the proposed development when combined with all other existing and anticipated development in any flood hazard area where a base flood elevation has been determined but a floodway has not been designated will not increase the water surface elevation of the base flood more than one foot at any point;

d. Demonstrate that the site is reasonably safe from flooding.

e. When base flood elevation and floodway data has not been provided on the Flood Insurance Rate Map, the applicant shall obtain any base flood elevation data available from a federal, state, or other source, in order to comply with the provisions of this part. If no base flood elevation data is available from a federal or state agency or other source, then a 100 year or base flood elevation shall be obtained using one of the following methods established by FEMA:

(i) The appropriate regression equation found in a U.S. Geological Survey publication, or the discharge-drainage method; and base flood elevation shall be obtained using the Quick-2 computer program developed by FEMA; or

(ii) Using the detailed methods identified in FEMA Publication 265 (1995) titled Managing Floodplain Development in Approximate Zone A Areas – A Guide for Obtaining and Developing Base (100 Year) Flood Elevations.

(Ord. 2005-24 § 1 (part), 2005: Ord. 87-03 § 1 (part), 1987: Ord. 85-05 § 1 (part), 1985).

24.14.450 VARIANCE PROCEDURE.

1. The zoning board is designated to hear and review applications for variances from the requirements of this part. The zoning board shall also hear and decide appeals from parties aggrieved by the administrator’s interpretations of this part.

2. Conditions for variances shall be:

a. Variances may be issued for the reconstruction, rehabilitation or restoration of structures listed on the National Register of Historic Places or the State Inventory of Historic Places. Upon a determination that the proposed repair or rehabilitation will not preclude the structure’s continued designation as an historic structure and the variance is the minimum necessary to preserve the historic character and design of the structure.

b. Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result.

c. Variances shall only be issued upon a determination that the variance is the minimum necessary, considering the flood hazard, to afford relief. “Minimum necessary” means to afford relief with a minimum of deviation from the requirements of this ordinance.

d. Variance shall only be issued upon:

(1) A showing of good and sufficient cause.

(2) A determination that failure to grant the variance would result in exceptional hardship to the applicant. The hardship must be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations, physical handicaps, personal preferences, or the disapproval of one’s neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended.

(3) A determination that the granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or, victimization of, the public, or conflict with existing local laws or ordinances.

(4) Variances may be issued by a community for new construction, substantial improvements and for other development necessary for the conduct, of a functionally dependent use provided that the criteria of paragraphs (1) through (3) above are met and the structure or other development is protected by methods that minimize flood damages during the base flood and create no additional threats to public safety.

e. In passing upon such variances, the decision-making body shall consider all technical evaluations, and all relevant factors and standards specified in other sections of this part; and

(1) The danger that materials may be swept onto other lands to the injury of others.

(2) The danger of life and property due to flooding or erosion damage.

(3) The susceptibility of the proposed facility and its contents to flood damage and the effect of such damage on the individual owner.

(4) The importance of the services provided by the proposed facility in the community.

(5) The necessity to the facility of a waterfront location, where applicable.

(6) The availability of alternative locations for the proposed use which are not subject to flooding or erosion damage.

(7) The compatibility of the proposed use with existing and anticipated development.

(8) The relationship of the proposed use to the comprehensive plan and floodplain management program for that area.

(9) The safety of access to the property in times of flood for ordinary and emergency vehicles.

(10) The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters and the effects of wave action, and allowance for debris, if applicable, expected at the site.

(11) The costs of providing governmental services during and after flood conditions, including maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water system, and streets and bridges.

f. Generally, variances may be used for new construction and substantial improvements to be erected on a lot contiguous to and surrounded by lots with existing structures constructed below the base flood level, providing items (1) through (11) in subsection (2)(e) above have been fully considered and the land use is consistent with the General Plan and Coastal Land Use Plan.

g. Upon consideration of the factors of this section, the reviewing body may attach such conditions to the granting of variances as it deems necessary to further the purposes of this part.

h. Any applicant to whom a variance is granted shall be given written notice that the structure will be permitted to be built with a lowest floor elevation below the base flood elevation, and that the cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.

i. As a condition of the variance’s approval, the property owner shall be required to record a copy of this notice at the Santa Cruz County Recorders Office in such a manner that it appears in the chain of title of the affected parcel in order to inform future owners of the potential risks to life and property.

(Ord. 2005-24 § 1 (part), 2005: Ord. 87-03 § 1 (part), 1987: Ord. 85-05 § 1 (part), 1985).

24.14.460 GENERAL PROVISIONS – FLOODPLAINS.

1. Standards for Construction in Floodplain Areas. In all floodplain areas, the following standards are required:

a. Anchoring.

(1) All new construction and substantial improvements shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

(2) All manufactured homes shall meet the anchoring standards of subsection (3)(a).

b. Construction Materials and Methods.

(1) All new construction and substantial improvements shall be constructed with flood resistant materials as specified in FEMA Technical Bulletin TB 2-93, and utility equipment resistant to flood damage.

(2) All new construction and substantial improvements shall use methods and practices that minimize risk of flood damage.

(3) All elements that function as a part of the structure, such as electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities shall be elevated to or above the base flood elevation or depth number specified on the Flood Insurance Rate Map.

c. Elevation and Floodproofing.

(1) The lowest habitable floor, including basement, of any new structure and new substantial improvement to a structure shall be elevated to or above the base flood elevation. (The State of California recommends the lowest floor to be elevated at least two feet above the base flood elevation.) In an A zone, the base flood elevation shall be determined as described in Section 24.14.440.2.f. Nonresidential structures may meet the standards in subsection (1)(c)(3) below. Upon completion of the structure, the elevation of the lowest habitable floor, including basement, shall be certified by a registered professional engineer or surveyor or verified by the local building inspector that elevation requirement has been met. Notification of compliance shall be maintained as set forth in Section 24.14.420, subsection (2).

(2) New construction and substantial improvement of any structure in Zone AO shall have the lowest floor, including basement, elevated to or above the depth number specified on the Flood Insurance Rate Map. If there is no depth number on the flood insurance map, the lowest floor, including basement, shall be elevated to a depth of at least two feet above the highest adjacent grade. Notwithstanding this requirement, nonresidential structures need only meet standards in subsection (1)(c)(3) below. Upon completion of the structure, compliance to the elevation requirement shall be verified by a registered professional engineer or surveyor or verified by the local building inspector. Notification of compliance shall be maintained as set forth in Section 24.14.420, subsection (2).

(3) Nonresidential new construction or substantial improvements to structures shall either be elevated in conformance with subsection (1)(c)(1) or (1)(c)(2) together with attendant utility and sanitary facilities:

(a) Be floodproofed so that below the base flood level, the structure is watertight with walls substantially impermeable to the passage of water; examples of floodproofing include, but are not limited to:

(i) Installation of watertight doors, bulkheads, and shutters,

(ii) Reinforcement of walls to resist water pressure,

(iii) Use of paints, membranes, or mortars to reduce seepage through walls,

(iv) Addition of mass or weight to structure to resist flotation,

(v) Armor protection of all fill materials from scour and/or erosion;

(b) Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and

(c) Be certified by a registered civil engineer or architect that the design and methods of construction are in accordance with the accepted standards of practice for floodproofing. Such certification shall be provided to the official as set forth in Section 24.14.420, subsection (2).

(4) All new construction and substantial improvement with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access, or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement shall follow the guidelines in FEMA Technical Bulletins TB 1-93 and TB 7-93 and must exceed the following minimum criteria:

(a) Have a minimum of two openings with a total net area of not less than one square inch per square foot of enclosed area subject to flooding. The bottom of such openings shall be no higher than one foot above grade. Openings may be equipped with screens, louvers, valves, or other coverings provided that they permit automatic entry and exit of floodwater; or

(b) Be certified by a registered professional engineer or architect.

(5) Manufactured homes shall meet the above standards and also the standards in Section 24.14.420, subsection (3).

(6) Structures in coastal high hazard areas shall meet the requirements in Section 24.14.480 of these rules.

(7) All neighboring communities shall be notified of any alteration in the carrying capacity or other watercourse alteration which could impact their community.

2. Standards for Subdivisions in Floodplain Areas. The following standards shall apply to subdivisions proposed for the floodplain area.

a. All preliminary subdivision proposals shall identify the floodplain area and the elevation of the one-hundred-year flood.

b. All final subdivision plans will provide the elevation of proposed structure(s) and pads. If the site is filled above the one-hundred-year flood elevation, the final pad elevation shall be certified by the registered civil engineer or licensed land surveyor and provided to the director of public works.

c. All subdivision proposals shall be consistent with the need to minimize flood damage.

d. All subdivision proposals shall have all utilities and facilities under the control of the city of Santa Cruz located and constructed to minimize flood damage.

e. All subdivision proposals shall have adequate drainage provided to reduce exposure to flood damage.

3. Standards for Manufactured Homes and Manufactured Home Parks and Subdivisions.

a. All manufactured homes shall be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation) and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement. This shall apply to all manufactured homes placed or substantially improved within Zones A1-30, AH and AE on the community’s Flood Insurance Rate Map, on sites located 1) outside a manufactured home park or subdivision; 2) in a new manufactured home park or subdivision; 3) in an expansion to an existing manufactured home park or subdivision; or 4) in an existing manufactured home park or subdivision on a site upon which a manufactured home has incurred “substantial damage” as the result of a flood. Manufactured homes placed or substantially improved within Zones V1-30, V, and VE on the community’s Flood Insurance Rate Map shall also meet the requirements of Section 24.14.480.

b. For manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zones A1-30, AH, AE, V1-30, and VE on the community’s Flood Insurance Rate Map that are not subject to the provisions of Section 24.14.460.3.a., above, will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:

(i) lowest floor of the manufactured home is at or above the base flood elevation (the State of California recommends at least two feet above the base flood elevation); or

(ii) manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade.

Upon completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered professional engineer or surveyor, and verified by the local building inspector to be properly elevated. Such certification and verification shall be provided to the Floodplain Administer.

4. Standards for Recreational Vehicles.

a. All recreational vehicles placed on sites within Zones A1-30, AH, and AE on the community’s Flood Insurance Rate Map will either:

(i) be on the site for fewer than 180 consecutive days, and be fully licensed and ready for highway use (i.e., it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions); or

(ii) meet the permit requirements of Section 24.14.440 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 24.14.460.3.

b. Recreational vehicles placed on sites within Zones V1-30, V, and VE on the community’s Flood Insurance Rate Map will meet the requirements of subsection a, above, and Section 24.14.480.

5. Standards for Storage of Materials and Equipment in Floodplain Area.

a. The storage or processing of materials that are, in time of flooding, buoyant, flammable, explosive, or could be injurious to human, animal, or plant life is prohibited.

b. Storage of other material or equipment may be allowed if not subject to major damage by floods and firmly anchored to prevent flotation or if readily removable from the area within the time available after flood warning.

6. Standards for Utilities in Floodplain Areas.

a. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate infiltration of floodwaters into the system and discharge from systems into floodwaters.

b. On-site waste disposal systems shall be located to avoid impairment to them or contamination from them during flooding.

(Ord. 2005-24 § 1 (part), 2005: Ord. 88-02 § 1, 1988: Ord. 87-03 § 1 (part), 1987; Ord. 86-11 § 1 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.14.470 GENERAL PROVISIONS – FLOODWAYS.

Located within the flood hazard areas are areas designated as floodways. Since the floodway is an extremely hazardous area due to the velocity of floodwaters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. The following are prohibited: encroachments, including fill, new construction, substantial improvements, and other development unless certification by a registered professional engineer or architect is provided demonstrating that encroachments shall not result in any increase in the base flood elevation during the occurrence of the base flood discharge.

2. If subsections (1) above is satisfied, all new construction and substantial improvements shall comply with all applicable flood hazard reduction provisions of Section 24.14.460, subsections (1) and (2).

(Ord. 2005-24 § 1 (part), 2005: Ord. 87-03 § 1 (part), 1987: Ord. 86-11 § 1 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.14.480 STANDARDS FOR COASTAL FLOOD AREA.

Coastal high hazard areas (V Zones) are located within the areas of special flood hazard established by the Coastal Flood Insurance Rate Map. These areas have special flood hazards associated with high-velocity waters from coastal and tidal inundation or tsunamis; therefore, the following provisions shall apply:

1. Locations of Structures.

a. All buildings or structures shall be located landward of reach of the mean high tide.

2. Construction Methods.

a. Elevation. All new construction or substantial improvement shall be elevated so that the lowest horizontal portion of the structural members of the lowest floor, except pilings or columns, is elevated to or above the base flood level. The space below the lowest floor shall be free of obstructions or constructed with breakaway walls as defined in Section 24.14.410 of this chapter. Such enclosed space shall not be used for human habitation and will be usable solely for parking of vehicles, building access, or storage.

b. Structural Support.

(1) All buildings or structures shall be securely anchored on pilings or columns.

(2) Pilings or columns used as structural support shall be designed and anchored so as to resist flotation, collapse, and lateral movement due to the effects of wind and water loads associated with the base flood acting simultaneously on all building components. Water loading values shall be those associated with the base flood and wind loading values shall be those required by applicable state or local building standards.

(3) There shall be no fill used for structural support.

c. Certification. A registered civil engineer or architect shall develop or review the structural design specifications and plans for construction and certify they are in accordance with accepted standards of practice for meeting the provisions of this section. Such certification shall be provided to the official as set forth in Section 24.14.420, subsection (2).

3. Proposed will not alter the shoreline and sand dunes so as to increase potential flood damage. Sand dunes are defined as naturally occurring accumulations of sand in ridges or mound landward of the beach.

(Ord. 2005-24 § 1 (part), 2005: Ord. 87-03 § 1 (part), 1987: Ord. 86-11 § 1 (part), 1986: Ord. 85-05 § 1 (part), 1985).

24.14.490 NONCONFORMING STRUCTURES IN FLOODPLAIN.

A structure which was lawful before enactment of this part, but which violates this part, may be continued as a nonconforming structure subject to the following conditions:

1. Any substantial improvement of a nonconforming structure shall be made in compliance with the provisions of this part.

2. If any nonconforming structure is destroyed by flood, fire, or any other cause to the extent of fifty percent or more of its market value immediately prior to the destruction, it shall not be reconstructed except in conformity with the provisions of this part.

(Ord. 2005-24 § 1 (part), 2005: Ord. 87-03 § 1 (part), 1987: Ord. 85-05 § 1 (part), 1985).

24.14.500 STANDARDS FOR A-99 FLOOD ZONE AREA.

The A-99 flood hazard area has been designated by a Federal Emergency Management Agency Letter Map Revision dated June 26, 2002. These areas have received additional flood protection due to the construction of the new San Lorenzo River levee improvements by the U.S. Army Corps of Engineers. No base flood elevation has been designated for the A-99 flood hazard area. Standards for construction in the A-99 flood hazard area are set forth in this section.

1. Standards for Construction.

a. The floodplain management requirements of Sections 24.14.460 subsections (1) – (3) and 24.14.470 do not apply to the A-99 flood hazard area.

b. All neighboring communities shall be notified of any alteration in the carrying capacity or other watercourse alteration which could impact their community.

2. Standards for Manufactured Homes and Manufactured Home Parks and Subdivisions.

a. All new manufactured homes and additions to manufactured homes shall be anchored to resist flotation, collapse, or lateral movement by providing an anchoring system designed to withstand horizontal forces of fifteen pounds per square foot and uplift forces of fifteen pounds per square foot.

3. Notice to Permit Applicants.

a. In connection with any new construction or rehabilitation in the A-99 zone the permit applicant shall be provided a written notice of the flood danger in a form acceptable to the city attorney. The applicant shall acknowledge the receipt of the written notice and acknowledge in writing that they elect not to voluntarily comply with the construction requirements of Section 24.14.460, subsections (1) – (3), and Section 24.14.470.

4. Warning and Disclaimer of Liability.

a. The degree of flood protection required by this section is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur on rare occasions. Flood heights may be increased by man-made or natural causes. This section does not imply that land in the A-99 special flood hazard area will be free from flooding or flood damages. This section shall not create liability on the part of the city, any officer or employee thereof, or the Federal Insurance Administration, for any flood damages that result from reliance on this section or any administrative decision lawfully made thereunder.

(Ord. 2005-24 § 1 (part), 2005: Ord. 2002-47 § 1, 2002: Ord. 2002-38 § 1, 2002).