Chapter 12.06
DEMOLITION OR CONVERSION OF RESIDENTIAL STRUCTURES
Sections:
12.06.040 Application procedure.
12.06.050 Relocation of habitable residential structures.
12.06.060 Requirements regarding demolished or converted affordable housing within the Coastal Zone.
12.06.080 Regulations of chapter deemed additional.
12.06.010 Purpose.
In order to ensure, to the maximum extent feasible, that parcels currently used for residential use be continued as residential when feasible, that habitable residential structures be relocated when feasible, and that replacement residential units be provided when demolitions or conversions of such structures take place. This section is in part designated to meet the requirements of Section 65590 of the Government Code. [Ord. 3477 § 1, 1983; Ord. 3427 § 1, 1983; Ord. 3322 § 1, 1982].
12.06.020 Amendment.
Any revision to this chapter which applies to the Coastal Zone shall be reviewed by the Executive Director of the California Coastal Commission to determine whether it constitutes an amendment to the Local Coastal Program. When an ordinance revision constitutes an amendment to the Local Coastal Program, such revision shall be processed pursuant to the hearing and notification provisions of Chapter 18.60 SCCC and shall be subject to approval by the California Coastal Commission. [Ord. 3477 § 1, 1983; Ord. 3427 § 1, 1983; Ord. 3322 § 1, 1982].
12.06.025 Definitions.
As used in this chapter:
(A) “Conversion” means a change of a residential dwelling, including a mobile home, as defined in Section 18008 of the Health and Safety Code, or a mobile home lot in a mobile home park, as defined in Section 18214 of the Health and Safety Code, or a residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code, to a condominium, cooperative, or similar form of ownership, or to a nonresidential use.
(B) “Demolition” means the demolition of a residential dwelling, including a mobile home, as defined in Section 18008 of the Health and Safety Code, or a mobile home lot in a mobile home park, as defined in Section 18214 of the Health and Safety Code, or a residential hotel, as defined in paragraph (1) of subdivision (b) of Section 50519 of the Health and Safety Code.
(C) “Replacement dwelling unit” means an affordable housing unit, as defined in Chapter 17.10 SCCC, and subject to the provisions of that chapter. [Ord. 4507 § 1, 1998].
12.06.030 Scope.
Prior to the issuance of any development or building permit involving the demolition of any residential structure, except for a structure declared by the County to be a public nuisance, the requirements of this chapter shall be satisfied. [Ord. 3477 § 1, 1983; Ord. 3451-A § 5, 1983; Ord. 3427 § 1, 1983; Ord. 3322 § 1, 1982].
12.06.040 Application procedure.
Every application for the demolition of a residential structure shall be processed according to Chapter 18.10 SCCC, Level III. [Ord. 3477 § 1, 1983; Ord. 3427 § 1, 1983].
12.06.050 Relocation of habitable residential structures.
Reasonable efforts shall be made by the applicant to provide for the relocation and continued use of habitable residential structures. The following procedures shall be followed to ensure this:
(A) Determination of Habitability. Upon receipt of an application for a demolition permit, it shall be the responsibility of the County Building Official to inspect the structure to be demolished to determine habitability, within 10 working days of the date of application for such demolition permit. If said structure is structurally sound, and structurally capable of being relocated in the judgement of the County Building Official, the structure shall be deemed habitable for the purpose of this section. If the structure is deemed not to be habitable, the requirements of this section shall not apply.
(B) Public Notice Requirements. Any individual, firm, business or organization applying for a demolition permit for the demolition of a habitable residential structure shall provide proof of publication in a newspaper of general circulation within the community where the structure is located, of the following notice:
THIS STRUCTURE IS AVAILABLE FOR SALE OR REMOVAL, ARRANGEMENTS TO PURCHASE OR RELOCATE THE STRUCTURE MUST BE MADE BY __________ (30 days after the first publication of the notice).
The notice shall be published at least once a week for a period of 30 days, and shall contain a photograph of the structure, the address of the structure, and the telephone number and/or address of the owner of the structure, or the person authorized to arrange for the sale or relocation of the structure if some person other than the owner is so authorized. The notice shall also contain a statement encouraging persons interested in purchasing or relocating the structure to contact the County Planning Department for full information on the procedures applicable to relocation of structures. The notice shall be at least three inches by four inches. In addition, the notice shall be posted on the structure in a conspicuous location. The notice shall contain the telephone number of the County Planning Department.
(C) Relocation Requirements. The owner of a residential structure scheduled for demolition which has been determined to be habitable shall allow 90 days from the end of the public notice period for the relocation of the structure; provided, that a good faith offer to purchase or relocate the structure has been received. No demolition of a structure which has been determined to be habitable shall be permitted if an offer to purchase or relocate the structure is received within 30 days after first publication of the notice required by subsection (B) of this section, and if relocation is accomplished within the period specified in this section. [Ord. 3477 § 1, 1983; Ord. 3427 § 1, 1983; Ord. 3322 § 1, 1982].
12.06.060 Requirements regarding demolished or converted affordable housing within the Coastal Zone.
Within the Coastal Zone, the requirements for replacement housing as provided in Government Code Sections 65590 and 65590.1, and any amendments thereto, shall apply to the demolition or conversion of affordable housing. These requirements shall be in addition to any other applicable provisions and requirements as set forth in State and Federal statutes and regulations, the Housing Element of the County’s General Plan, the Santa Cruz County Code, including but not limited to Chapter 8.45 SCCC, and any other policies of the County of Santa Cruz. [Ord. 4507 § 2, 1998; Ord. 3882 § 1, 1987; Ord. 3477 § 1, 1983].
12.06.070 Requirements regarding demolished or converted lower income housing outside the Coastal Zone.
(A) The following provisions and requirements shall apply to the demolition or conversion of lower income housing outside the Coastal Zone. These requirements shall be in addition to any other applicable provisions and requirements as set forth in State and Federal statutes and regulations, the Housing Element of the County’s General Plan, the Santa Cruz County Code, and any other policies of the County of Santa Cruz.
(B) The conversion or demolition of existing residential dwelling units occupied by lower income persons or households as defined in Section 50079.5 of the Health and Safety Code shall not be authorized unless the requirements of either subsection (B)(1) or (B)(2) of this section are satisfied:
(1) Relocation assistance is provided to each permanent resident of such a dwelling unit who, as a result of the conversion or demolition of such dwelling unit, relocates off site, as follows:
(a) Reimbursement of actual moving expenses, not to exceed $800.00 per adult resident; and
(b) The right of first refusal for purchase, rental or leasing of a replacement dwelling unit, if any, including the right to require the owner of such replacement unit to participate in any housing assistance program benefitting the displaced resident; and
(c) Payment of a relocation payment in the same amount established pursuant to Chapter 8.45 SCCC; or
(2) Provision has been made for the replacement of those dwelling units with units for persons and families of low or moderate income in like manner as is required under SCCC 12.06.060 inside the Coastal Zone. [Ord. 4507 § 3, 1998].
12.06.080 Regulations of chapter deemed additional.
SCCC 12.06.060 and 12.06.070 are intended to be in addition to and in no way to override, alter or diminish:
(A) Procedural protections designed to prevent abuse of the right to evict tenants;
(B) Either Section 65863.7 of the Government Code relating to the withdrawal of accommodations that comprise a mobile home park from rent or lease or subdivision (f) of Section 798.56 of the Civil Code relating to a change of use of a mobile home park; or
(C) Any other relevant requirements, limitations or prohibitions imposed by Federal, State or local law or regulation. [Ord. 4507 § 4, 1998].