Chapter 12.32 REGULATIONS FOR LIMITED-DENSITY OWNER-BUILT RURAL DWELLINGS

This chapter is adopted in accordance with the provisions of Health and Safety Code Section 17958.2 and Article 8, Subchapter 1, Chapter l, Division 1, of Title 25, California Code of Regulations. [Ord. 5369 § 1, 2021].

12.32.020 Purpose.

The purpose of this chapter is to make Article 8 (commencing with Section 74) of Subchapter 1 of Chapter 1 of Division 1 of Title 25 of the California Code of Regulations, as modified herein, operative on limited-density owner-built rural dwellings in Santa Cruz County, and to provide minimum requirements for the protection of life, limb, health, property, safety, and welfare of the general public and the owners and occupants of such dwellings and appurtenant structures. [Ord. 5369 § 1, 2021].

12.32.030 Intent and application.

The provisions of this chapter shall apply to the construction, enlargement, conversion, alteration, repair, use, maintenance, and occupancy of limited-density owner-built rural dwellings and appurtenant structures. It is the intent of this chapter that the requirements contained herein shall apply to seasonally or permanently occupied dwellings, detached bedrooms, and guest houses, located in rural areas and solely occupied as the principal residence of the property owner and/or the owner’s family. The requirements will also apply to barns, sheds, shops or other appurtenant structures, not intended for human habitation, to be constructed and used solely by the property owner and/or the owner’s family. [Ord. 5369 § 1, 2021].

12.32.040 Definitions.

For the purposes of this chapter the following definitions shall apply:

(A) “Limited-density owner-built rural dwelling” means any structure consisting of one or more rooms intended or designed to be occupied as facilities for living and sleeping, with use restricted to rural areas that fulfill the requirements of this chapter.

(B) “Owner-built” means construction that meets the following requirements:

(1) Constructed by any person or family who acts as the general contractor for, or the provider of, part or all of the labor necessary to build housing to be occupied as the principal residence of that person or family, and not intended for sale, lease, rent or employee occupancy.

(2) Constructed by a general contractor licensed to practice in the State of California who contracts directly with the person or persons owning the property at the time construction is commenced for occupancy as the principal residence of that person or persons owning the property.

(3) For the purposes of this chapter the sale, lease, renting or employee occupancy of owner-built structures within three years of final inspection approval shall be presumptive evidence that the structure was erected for the purpose of sale, lease, rent, or employee occupancy. The three-year period of required owner occupancy may be waived in cases of hardship and in cases where the tenants that were displaced by the fire will reoccupy their previous dwellings after rebuilding.

(C) “Rural” means, for the purposes of this chapter only, those legal parcels in unincorporated areas of the County that meet each of the following criteria:

(1) Located within the area of unincorporated Santa Cruz County known as Last Chance with primary access provided by Last Chance Road;

(2) Parcels located within a zone or zones of unincorporated Santa Cruz County that allow for single-family residences as a permitted use and that contained structures serving as a primary residence prior to the 2020 CZU August lightning complex fires (“fires”) and where any of the structures were destroyed by the fires; and

(3) Located in an area not served by, or reasonably projected to be served by, public or private utilities.

(D) “Appurtenant structures” means structures directly related to the primary residential use, including but not limited to detached bedrooms or hobby rooms used as living space, garages, or pump houses. Appurtenant structures also include, but are not limited to, shops, barns, or sheds, including those considered accessory to the zone.

(E) “Substandard building” means a structure in which there exists any condition that endangers the life, health, property, safety or welfare of the public or the occupants thereof.

(F) “Sound structural condition” means all portions of the structure are adequately constructed to resist expected gravity and lateral forces from wind and seismic forces. Building plans must provide sufficient detail to determine how gravity and lateral forces are distributed vertically and horizontally from their points of origin to the load resisting elements. Portions of the structures that are irregular in shape, complex design, or incorporate unusual building materials or practices may require design by a California registered design professional at the discretion of the Building Official.

(G) “Unreasonable hardship” means when the Building Official determines that compliance with the requirement for a minimum of three years of owner or family occupancy is unfeasible due to circumstances that require the owner to rent or sell the property and supported by sufficient information. [Ord. 5369 § 1, 2021].

12.32.050 Regulation of use.

(A) For the purposes of this chapter, the sale, lease, renting or employee occupancy of owner-built structures within three years of the issuance of a certificate of occupancy shall be presumptive evidence that the structure was erected for the purpose of sale, lease, renting, or employee housing. The three-year period of required owner or owner’s family occupancy may be waived in cases of unreasonable hardship and in cases where the tenants that were displaced by the fire will reoccupy their previous dwellings after rebuilding.

(B) Recreational use of property as a nonprimary residence shall be acceptable grounds for permit application to erect structures that support such recreational activities as were enjoyed prior to the fires and used solely by the owner of the property or by the owner’s family. [Ord. 5369 § 1, 2021].

12.32.060 Abatement of substandard buildings.

All structures or portions thereof which are determined by the Building Official to constitute a substandard building shall be declared to be a public nuisance and shall be abated by repair, rehabilitation, or removal in accordance with SCCC 12.10.425 and Health and Safety Code Sections l7980 through 17995. [Ord. 5369 § 1, 2021].

12.32.070 Recording.

Prior to issuance of a permit for a limited-density owner-built rural dwelling, the owner of the parcel or parcels shall be required to record a notice regarding limited-density owner-built rural dwelling, including an indemnification of the County, with the County Recorder regarding the methods of construction, alternative facilities, or other factors that may be of value in the full disclosure of the nature of the dwelling and appurtenant structures. The notice shall be in a form approved by the County of Santa Cruz and shall include acknowledgments and agreements, as applicable to the specific project. [Ord. 5369 § 1, 2021].

12.32.080 Permits.

Permits shall be required for the construction of limited-density owner-built rural dwellings and appurtenant structures. The application, plans, and other data filed by an applicant for such a permit shall clearly state that it is for a Title 25 limited-density owner-built rural dwelling structure and shall be reviewed by the Planning Department to verify compliance with the provisions of this chapter. When the Building Official determines that the structure(s) will comply with the provisions of this chapter, and the project complies with all other applicable portions of the SCCC, the Building Official shall issue a permit to the applicant. [Ord. 5369 § 1, 2021].

12.32.090 Exemptions.

Permits shall not be required for small or unimportant work listed in SCCC 12.10.315. Exempt structures must meet all other applicable requirements of the Santa Cruz County Code, including required minimum distances from property lines. Exemption from the permit requirements of the Santa Cruz County Building Code shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of Santa Cruz County. [Ord. 5369 § 1, 2021].

12.32.100 Application.

To obtain a permit, the applicant shall first file an application with the Planning Department. Permit applications shall contain the following information:

(A) Name and mailing address of the applicant;

(B) Address, assessor’s parcel number, and location of the proposed structure(s);

(C) A general description of the structure(s), which shall include mechanical installations with all clearances and venting procedures detailed, electrical installations, plumbing fixtures, foundation, structural, and construction details;

(D) A plot plan indicating the location of the dwelling in relation to property lines, other structures, sanitation and bathing facilities, water resources and water ways;

(E) A preapplication clearance for an individual water system and the installation of a private sewage disposal system or alternate waste disposal system approved by the Santa Cruz County Health Officer;

(F) A preapplication clearance from the local fire agency which addresses access and fire protection requirements;

(G) A preapplication clearance from Environmental Planning regarding geologic hazards;

(H) A stipulation by the applicant that the building or structure is to be owner-built;

(I) The signature of the owner, contractor, or authorized agent; and

(J) The use or occupancy for which the work is intended. [Ord. 5369 § 1, 2021].

12.32.110 Plans.

Plans shall consist of a general description of the structure(s), including all necessary information to facilitate a reasonable judgment of conformance by the Building Official. This shall include a diagram of the floor plan and site elevation in order to determine the appropriate dimensions of structural members. Architectural drawings and structural analyses shall not be required. For structures of complex design or unusual conditions for which the Building Official cannot make a reasonable judgment of conformance to this chapter based upon the general description and simplified plan(s), the Building Official may require additional supporting information sufficient to make a judgment as to the integrity of the design. A soils report may be required where there is a reasonable expectation that the foundation system will be subjected to serious vertical or lateral movement due to unstable soil conditions. [Ord. 5369 § 1, 2021].

12.32.120 Waiver of plans.

The Building Official may waive the submission of any plans if he or she finds that the nature of the work applied for is such that the reviewing of plans is not necessary to obtain compliance with this chapter. [Ord. 5369 § 1, 2021].

12.32.130 Modifications.

Modifications to the design, materials, and methods of construction are permitted; provided, that the structural integrity of the building or structure is maintained, the building continues to conform to the provisions of this chapter, and the Building Official is notified in writing of the intended modification. The Building Official may require additional supporting information sufficient to make a judgment as to the integrity of the design pursuant to SCCC 12.32.110. [Ord. 5369 § 1, 2021].

12.32.140 Expiration of permits.

Timelines for expiration of the permits shall be in accordance with SCCC 12.10.335. [Ord. 5369 § 1, 2021].

12.32.150 Inspections.

All construction or work for which a permit is required pursuant to this chapter shall be subject to inspection by the Building Official. Required inspections shall consist of (1) a foundation inspection prior to placement of concrete, (2) a concrete slab or under-floor inspection, (3) a rough framing, plumbing, electrical, and mechanical inspection prior to covering of walls, and (4) a final inspection. The final inspection shall be conducted after the structure(s) is completed and ready for occupancy to determine compliance with the provisions of this chapter. Other inspections may be required by the local fire agency, Environmental Planning, or Environmental Health Services. Structures of conventional or simple construction shall be inspected at a single inspection, if possible, because all components to be inspected are simultaneously ready for inspection. [Ord. 5369 § 1, 2021].

12.32.160 Additional inspections.

Additional inspections may be conducted under the following circumstances: The application indicates that interior wall coverings or construction elements will conceal underlying construction, electrical or mechanical systems; or where an unconventional construction method is indicated which would preclude examination at a single inspection. [Ord. 5369 § 1, 2021].

12.32.170 Inspection waivers.

Inspections may be waived by the Building Official for structures which do not contain electrical or mechanical installations or for alterations, additions, modifications, or repairs that do not involve electrical or mechanical installations or where the applicant states in writing that the work has been conducted in compliance with the permit application and the provisions of this chapter. [Ord. 5369 § 1, 2021].

12.32.180 Certificate of occupancy.

The final approvals noted on the inspection permit card for a residential project shall act as the certificate of occupancy provided all department holds are released. [Ord. 5369 § 1, 2021].

12.32.190 Temporary occupancy.

Use and occupancy of a portion or portions of a limited-density owner-built rural dwelling or appurtenant structure prior to the completion of the entire structure pursuant to this chapter shall be allowed; provided, that approved water supply and sanitary facilities are functional as approved at the site and that the work completed does not create any condition that endangers life, health, or safety of the public or occupants. The occupants of any such uncompleted structure shall assume sole responsibility for the occupancy of the structure or portion thereof. Requests for occupancy of portions of the structure prior to the issuance of a certificate of occupancy shall be in writing and shall be approved by the Building Official. The Building Official may require such portions of the structure inspected prior to occupancy. [Ord. 5369 § 1, 2021].

12.32.200 Fees.

Fees shall be assessed as set forth in the Santa Cruz County Planning Department adopted fee schedule and pursuant to SCCC 12.10.350. [Ord. 5369 § 1, 2021].

12.32.210 General requirements.

(A) Each structure shall be maintained in a sound structural condition to be safe, sanitary, and to shelter the occupants from the elements.

(B) Except as amended by the provisions of this chapter and except as otherwise preempted by statute, each structure shall be constructed in accordance with the applicable requirements contained in Subchapter 2-12, Title 24, California Code of Regulations, and those requirements shall be used in determining compliance with the standards of this chapter.

(C) Generators may only be used during construction and shall not be the permanent source of power to the structure. Generators shall comply with the standards in Chapter 13.15 SCCC, Noise Planning. [Ord. 5369 § 1, 2021].

12.32.220 Technical codes to be a basis of approval.

Except as otherwise required by this chapter, dwellings and appurtenant structures constructed pursuant to this chapter need not conform with the construction requirements prescribed by the latest adopted editions of the California Building, Plumbing, Mechanical, and Electrical Codes, or other applicable technical codes; however, it is not the intent of this section to disregard nationally accepted technical and scientific principles relating to design, materials, methods of construction, and structural requirements for the erection and construction of dwelling and appurtenant structures. Such codes shall be a basis for approval. [Ord. 5369 § 1, 2021].

12.32.230 Construction requirements.

(A) Structural Requirements. Buildings or structures constructed pursuant to this chapter may be of any type of construction which will provide for a sound structural condition.

(B) Foundations. Pier foundations, stone masonry footings and foundation systems, pressure treated lumber, poles, or equivalent foundation materials or designs may be used; provided, that the bearing and lateral stability is sufficient for the purpose intended.

(C) Materials. Owner-produced or used materials and appliances may be utilized unless found not to be of sufficient strength or durability to perform the intended function; owner-produced or used lumber may be utilized unless found to contain dry rot, excessive splitting, or other defects obviously rendering the material unfit in strength or durability for the intended purpose.

(D) Heating Capacity. A heating facility or appliance shall be installed in each dwelling subject to the provisions of this chapter; however, there shall be no specified requirement for heating capacity or temperature maintenance. The use of a solid fuel or solar heating device shall be deemed as complying with the requirements of this section. If a nonrenewable fuel is used in these dwellings, the conditioned space shall be in accordance with the requirements of the latest applicable edition of the California Energy Code.

(E) Room Requirements. There shall be no requirements for room dimensions; provided, that there is adequate light and ventilation and adequate means of ingress and egress. [Ord. 5369 § 1, 2021].

12.32.240 Sanitation requirements.

(A) Sanitation Facilities. A bathtub or shower and a lavatory, or alternate bathing and washing facility shall be provided at the dwelling site. A water closet shall not be required. Waterless toilets are allowed, but it shall not substitute for an adequate septic system that satisfies the requirements of the Santa Cruz Health Officer.

(B) Plumbing Specifications. Where conventional plumbing, in all or in part, is installed within a dwelling, it shall be installed in accordance with the Plumbing Code for the County of Santa Cruz. Alternative materials and methods shall be permitted if the design complies with the intent of Plumbing Code for the County of Santa Cruz, and such alternatives shall perform to protect health and safety for the intended purpose.

(C) Water Supply. Potable water shall be available at the dwelling site and approved by the Santa Cruz County Health Officer. [Ord. 5369 § 1, 2021].

12.32.250 Mechanical requirements.

Fireplaces, heating and cooking appliances, and gas p1umbing installed in buildings constructed pursuant to this chapter shall be installed and vented in accordance with the applicable requirements contained in the most currently adopted version of the California Mechanical Code, Part 4, Title 24, California Code of Regulations. [Ord. 5369 § 1, 2021].

12.32.260 Electrical requirements.

No dwelling or appurtenant structure constructed pursuant to this chapter shall be required to be connected to a source of electrical power, or wired, or otherwise fitted for electrification. An approved battery-operated smoke detector (or combination detector) with a 10-year battery shall be installed in each room used for sleeping. An approved battery-operated carbon monoxide detector (or combination detector) shall be installed on each level of the structure if there are fuel burning appliances or an attached garage associated with the dwelling. [Ord. 5369 § 1, 2021].

12.32.270 Electrical installation requirements.

Where electrical wiring or appliances are installed, the installation shall be in accordance with the applicable requirements contained in the most recently adopted version of the California Electrical Code, Part 3, Title 24, California Code of Regulations. Alternative energy sources shall be encouraged. [Ord. 5369 § 1, 2021].

12.32.280 Exceptions to electrical installation requirements.

In structures where electrical usage is confined to one or more rooms of a structure, the remainder of the structure shall not be required to be wired or otherwise fitted for electrification. It is the intent of this section to apply to buildings in which there exists a workshop, kitchen, or other single room which may require electrification, and where there is no expectation of further electrical demand. [Ord. 5369 § 1, 2021].

12.32.290 Plumbing requirements.

Plumbing equipment and installation shall be in accordance with the applicable requirements contained in the most recently adopted version of the California Plumbing Code, Part 5, Title 24, California Code of Regulations. [Ord. 5369 § 1, 2021].

12.32.300 Chapter expiration.

This chapter is a pilot program. This chapter will expire and be of no further force and effect after May 28, 2024, unless extended. Notwithstanding the foregoing, applications that have been submitted prior to said expiration date may be processed, including but not limited to permit issuance, completion of construction, final inspection of said construction, and issuance of a certificate of occupancy. [Ord. 5369 § 1, 2021].