Chapter 13.10 ZONING REGULATIONS

Code reviser’s note: Ord. 3186 adopted the recodification of prior code Chapter 13.04 SCCC. Ord. 3315 renumbered various chapters of the Santa Cruz County Code, including renumbering Chapter 13.04 SCCC to Chapter 13.10 SCCC.

Prior legislation: Ords. 560, 639, 640, 653, 681, 693, 708, 740, 746, 747, 758, 839, 931, 1019, 1029, 1048, 1080, 1087, 1092, 1118, 1136, 1156, 1188, 1191, 1217, 1219, 1282, 1283, 1418, 1424, 1465, 1508, 1543, 1578, 1581, 1582, 1608, 1639, 1682, 1683, 1703, 1704, 1739, 1786, 1806, 1817, 1834, 1863, 1891, 1907, 1924, 1943, 1985, 2047, 2051, 2066, 2117, 2142, 2171, 2202, 2244, 2245, 2259, 2261, 2263, 2287, 2289, 2294, 2328, 2336, 2349, 2391, 2402, 2428, 2429, 2431, 2449, 2450, 2452, 2459, 2472, 2478, 2493, 2506, 2520, 2540, 2581, 2622, 2661, 2672, 2681, 2750, 2759, 2761, 2762, 2763, 2764, 2769, 2770, 2771, 2775, 2776, 2779, 2787, 2788, 2800, 2801, 2804, 2822, 2823, 2824, 2841, 2848, 2849, 2853, 2857, 2858, 2868, 2872, 2874, 2913, 2946, 2986, 3015, 3035, 3036, 3051, 3058, 3076, 3115, 3116, 3117, 3152, 3164, 3172, 3173, 3182, 3186, 3212, 3223, 3233, 3265, 3266, 3277, 3278, 3311, 3315, 3344 and 3360.

Part I. AUTHORITY AND PURPOSE

13.10.110 Title of chapter and definition of Zoning Ordinance.

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

13.10.120 Purpose.

The purposes of this chapter and of the Zoning Ordinance are:

(A) To implement the General Plan and Local Coastal Program, and any applicable town, village, or area plan, by providing specific regulations as to the allowable uses of land and structures;

(B) To promote and protect the public health, safety, peace, morals, comfort, convenience, and general welfare;

(C) To protect the character, stability, and satisfactory interrelationships of residential, commercial, industrial, agricultural, recreational, and open space areas of the County; and

(D) To protect the natural environment in compliance with the California Environmental Quality Act. [Ord. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

13.10.130 Scope.

Pursuant to California Government Code Section 65850, this chapter contains provisions to:

(A) Regulate the use of buildings, structures, and land as between industry, business, residents, and open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes;

(B) Regulate signs and billboards;

(C) Regulate location, height, bulk, number of stories, and size of buildings and structures; the size and use of lots, yards, courts, and other open spaces; the percentage of a lot which may be occupied by a building or structure; and the intensity of land use;

(D) Establish requirements for off-street parking and loading; and

(E) Establish and maintain building setback lines. [Ord. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

13.10.140 Applicability.

(A) Compliance With Zoning Ordinance. No person shall construct, enlarge, or move a building, and no person shall establish a new use of land or expand or intensify an existing use unless it conforms to the permitted uses provided in the zone district or conforms to a permit and regulations authorizing a discretionary use or discretionary development in the zone district in which the land is located. All construction, alteration, reconstruction, or enlargement of buildings and all uses of buildings and land shall comply with all provisions of this chapter and other applicable chapters of the Zoning Ordinance except as otherwise provided for nonconforming structures and uses.

(B) Conformance by Government Agencies. No government unit whether city, County special district, or State agency shall be exempt from the provisions of this chapter and other chapters of the Zoning Ordinance, except for State agencies and cities engaged in a sovereign activity or a local public agency exempted by Sections 53090 et seq., of the California Government Code. Except as specifically exempted from coastal development permit requirements of the Coastal Act and the LCP by State law, all development in the Coastal Zone that is proposed by such government unit shall be subject to the same LCP requirements as any other proposed development. [Ord. 5423 § 1, 2022; Ord. 5182 § 4, 2014; Ord. 4166 § 5, 1991; Ord. 4027 § 2, 1989; Ord. 3432 § 1, 1983].

13.10.150 Amendment.¹

Any amendment to this chapter or the Zoning Ordinance as defined by SCCC 13.10.110 or to the official zoning map, which changes property from one zone district to another, or imposes any land use development regulation not previously imposed, or removes or modifies any such regulation previously imposed, shall be processed as a legislative matter pursuant to Chapters 18.10 and 18.40 SCCC. [Ord. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

13.10.160 Environmental protection.1

All approvals pursuant to this chapter shall be processed in accordance with the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and any local County procedures that may be adopted pursuant to Chapter 16.01 SCCC. [Ord. 5423 § 1, 2022; Ord. 3432 § 1, 1983].

13.10.170 General Plan and Local Coastal Program, and village, town, or area plan consistency.1

(A) Consistency Requirement. The Zoning Ordinance and the planning and zoning regulations established by this chapter shall be consistent with the General Plan, and any applicable Village, Town, or Area Plan.

(B) Consistent Zone Districts. The following zoning implementation table denotes the basic zone districts that implement and are consistent with the various General Plan land use, resource, and constraint designations.

Table 13.10.170-1: Zoning Implementation Table
General Plan/Local Coastal Program Land Use Designation	Zone District pursuant to SCCC 13.10.311 et seq., and SCCC 13.10.400 et seq.

All Land Use Designations
(Except Agricultural Resource Lands)	SU—Special Use

Agricultural:
AG—Agriculture	A—Agriculture
	RA—Residential Agriculture
	CA—Commercial Agriculture
	TP—Timber Production
	PR—Parks, Recreation and Open Space
	AP—Agricultural Preserve (for existing AP Districts only)

Commercial:
C-N—Neighborhood Commercial	C-1—Neighborhood Commercial
	CT—Tourist Commercial
	PA—Professional and Administrative Offices
C-C—Community Commercial	C-1—Neighborhood Commercial
	C-2—Community Commercial
	C-3—Workplace Flex
	CT—Tourist Commercial
	VA—Visitor Accommodations
	PA—Professional and Administrative Offices
C-V—Visitor Accommodations	VA—Visitor Accommodations
	CT—Tourist-Commercial
C-S—Service Commercial/Light Industry	M-1—Light Industrial
	PA—Professional and Administrative Offices
	C-3—Workspace Flex
	C-4—Commercial Services
C-O—Professional and Administrative Offices	PA—Professional and Administrative Offices
	C-3—Workplace Flex

Public Facility/Institutional:
P—Public/Institutional Facilities	PF—Public and Community Facilities

Residential:
R-M—Mountain Residential	RR—Rural Residential
	RA—Residential Agriculture
	TP—Timber Production
	A—Agriculture
	R-1—Single-Family Residential** (5,000 square feet to one acre lot size)
R-R—Rural Residential	RR—Rural Residential
	RA—Residential Agriculture
	A—Agricultural
	R-1—Single-Family Residential** (5,000 square feet to one acre lot size)
R-S—Suburban Residential	RR—Rural Residential
	RA—Residential Agriculture
	R-1—Single-Family Residential** (5,000 square feet to one acre lot size)
R-UVL—Urban Very Low Residential	R-1—Single-Family Residential*
R-UL—Urban Low Residential	R-1—Single-Family Residential*
	RB—Ocean Beach Residential*
	RM—Multifamily Residential*
R-UM—Urban Medium Residential	R-1—Single-Family Residential*
	RB—Ocean Beach Residential*
	RM—Multifamily Residential*
R-UH—Urban High Residential	R-1—Single-Family Residential*
	RM—Multifamily Residential*
	R—Regional Housing Needs Combining District*
R-UFH—Urban Flex High Residential	RF—Residential Flex
All Residential Designations	PR—Parks, Recreation and Open Space

Open Space Uses:
O-R—Parks, Recreation and Open Space	PR—Parks, Recreation and Open Space
	TP—Timber Production
O-C—Resource Conservation	PR—Parks, Recreation and Open Space
	TP—Timber Production
	A—Agriculture
O-L—Lakes, Reservoir, Lagoon	PR—Parks, Recreation and Open Space
O-U—Urban Open Space	PR—Parks, Recreation and Open Space

Industrial:
I—Heavy Industry	M-1—Light Industrial
	M-2—Heavy Industrial
Q—Quarry	M-3—Mineral Extraction

General Plan/Local Coastal Program Resource:
Agricultural Resource Lands	AP—Agricultural Preserve Zone District
	A-P—Agriculture with Agricultural Preserve Zone District
	CA—Commercial Agriculture
	TP—Timber Production
Timber Resource Lands	TP—Timber Production

General Plan/Local Coastal Program Constraint:
Coastal Bluffs and Beaches	GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC 13.10.400)
Fault Zones	GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC 13.10.400)
Liquefaction Areas	GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC 13.10.400)
Landslide Areas	GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC 13.10.400)
Floodplains and Tsunami Inundation Areas	GH—Geologic Hazards Combining Zone District with any other zone district (see SCCC 13.10.400)

Other Designation or Condition:
Combining Districts listed in SCCC 13.10.400, Combining districts, which are added to zone districts to indicate special limitations or planning control.

* Zone district designations shall be considered consistent with the General Plan and Local Coastal Program land use plan when in conformance with the residential density allowed by Figure 2-3 of the General Plan and Local Coastal Program land use plan.

** This zone district is established for the sole purpose of recognizing as conforming parcels those legal parcels of record located outside the urban services line of the County that, prior to the adoption of the 1994 General Plan and Local Coastal Program land use plan, were zoned R-1-5, R-1-6, R-1-7, R-1-8, R-1-9, R-1-10, R-1-12, R-1-15, R-1-20, R-1-32, R-1-40 or R-1-1 acre and developed with or intended for development of a single-family residence and any permitted accessory structures. Such development, including additions or remodels, is subject to the site and development standards of the specified zone district for the parcel. All land divisions must be consistent with the provisions of the Rural Residential Density Determination Ordinance (Chapter 13.14 SCCC) and with the residential density allowed by Figure 2-2 of the General Plan and Local Coastal Program land use plan.

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

13.10.180 Zoning map.

A zoning map shall be established pursuant to this chapter containing the designations, locations, and boundaries of the various zone districts for parcels within the unincorporated portion of Santa Cruz County. The zoning map shall be maintained in the County’s geographic information system and considered an integral part of this chapter. [Ord. 5423 § 2, 2022].

13.10.185 Zoning map amendment.

(A) Amendment Policy. The County zoning map is intended to reflect a comprehensive assessment and projection of the County’s present and future needs for various types of land uses and developments, which are shown broadly on the adopted General Plan and Local Coastal Program Land Use Maps. In order to maintain a stable, desirable, well-balanced pattern of development throughout the unincorporated County area, amendments to the zoning map are made only upon adequate justification and subject to required procedures in Chapters 18.10 and 18.40 SCCC and findings pursuant to SCCC 18.10.230(C) and 18.40.060. [Ord. 5423 § 2, 2022].

Part II. ORDINANCE AND PERMIT ADMINISTRATION

13.10.210 Zoning plan.

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

13.10.215 Zoning plan amendment.

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

13.10.220 Use permits.

(A) Purpose. To regulate discretionary uses to ensure that these uses, and their location and operation, are compatible and appropriately integrated with surrounding land uses; protect health, safety, welfare, and the environment; comply with all pertinent county policies and ordinances; and are consistent with the General Plan.

(B) Definitions. “Use permit” means a discretionary permit which authorizes uses of land on a site that are not principally permitted or “by right” uses within the zoning district and rules that apply to the site. A “conditional use permit” (“CUP”) is considered after public notice and through a required public hearing, and if approval is granted it is usually subject to identified conditions of approval. A “minor use permit” (“MUP”) does not require public notice or public hearing. An “administrative use permit” (“AUP”) requires public notice but does not require a public hearing. Any type of use permit may be granted subject to conditions of approval.

(C) Procedures. All regulations and procedures regarding application, review, findings and conditions of approval, findings on appeal of a denial, enforcement, and other requirements for a use permit shall be in accordance with the provisions of Chapters 18.10 and 19.01 SCCC. Pursuant to SCCC 18.10.240, the approving body may apply permit conditions related to the operational aspects of a use including but not limited to the following: hours of operation; use of outdoor areas; exterior lighting; safe and adequate site access; use of parking and loading areas; and adequate control of noise, dust, heat, glare, odors, smoke, hazardous materials, pollutants, and other environmental or neighborhood impacts. A proposed use may be conditioned to require the installation of or improvements to landscaping, in conformance with SCCC 13.11.070(D). Conditions of approval of existing valid discretionary permits relating to a site may also be in effect or applied to a use permit. [Ord. 5423 § 4, 2022; Ord. 4836 § 4, 2006; Ord. 3432 § 1, 1983].

13.10.225 Emergency use permit.

(A) Emergency use permits may be granted at the discretion of the Planning Director to allow the temporary relocation of a use when the use has been displaced from its original location as a result of damage or destruction by a natural disaster for which a local, State or Federal emergency has been declared by the Board of Supervisors or as a result of a catastrophic event such as an earthquake, fire, or flood.

(B) Application for review of the occupancy under the provisions of this chapter and Chapter 18.10 SCCC shall be made within 90 days of the date of issuance of the emergency permit or the use shall be terminated. [Ord. 5423 § 4, 2022; Ord. 4160 § 1, 1991; Ord. 4030 § 2, 1989].

13.10.227 Site development permit.

(A) Purpose. To regulate the physical development of a site to ensure the proposed development, and its design and location, is compatible and appropriately integrated with surrounding land uses; protects health, safety, welfare, and the environment; and complies with the SCCC and all pertinent county policies and ordinances and is consistent with the General Plan.

(B) Definition. “Site development permit” (“SP”) means a discretionary permit authorizing the physical development or improvement of a site. A “conditional site development permit” (“CSP”) is considered after public notice and through a required public hearing, and if approval is granted it may be subject to identified conditions of approval. A “minor site development permit” (“MSP”) does not require public notice or public hearing. An “administrative site development permit” (“ASP”) requires public notice but does not require a public hearing. Any type of site development permit may be granted subject to conditions of approval. Modification of an existing site or structure with a valid discretionary permit may be processed as an amendment to the existing discretionary permit in accordance with SCCC 18.10.134. Modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, are processed in accordance with SCCC 13.10.260 et seq.

13.10.230 Variance approvals.

(A) Description. A variance approval is a discretionary authorization of exceptions to the zoning district site and development standards for a property including design standards and guidelines and regulations for special uses. The power to grant variance approvals does not allow changes in use which are affected only by use approvals pursuant to SCCC 13.10.220, rezoning of the property pursuant to SCCC 18.40.055, or amendment to the regulations of this chapter. Variances to site area requirements may be approved only in the case where no new additional building sites would thereby be created (relief in which case may be provided only through rezoning of the property), or in any of the following instances:

(1) To facilitate certificates of compliance;

(2) To facilitate dedications of rights-of-way or other required improvements for public benefit; or

(3) To allow the consideration of the creation of new lots when the size of the lot is within one percent of the zoning requirement and is consistent with the General Plan.

(B) Procedures. All regulations and procedures regarding application, review, approval, appeal, enforcement, etc., for a variance approval shall be in accordance with the provisions of Chapter 18.10 and 19.01 SCCC for a Level V approval and “findings” in subsection (C) of this section, except that site area variances which create new building sites under the circumstances described in subsection (A) of this section shall be processed at Level VII.

(C) Findings. The following findings shall be made prior to granting a variance approval in addition to the findings required for the issuance of a development permit pursuant to Chapter 18.10 SCCC:

(1) That because of special circumstances applicable to the property, including size, shape, topography, location, or surroundings, the strict application of the Zoning Ordinance deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning classification;

(2) That the granting of such variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety, or welfare or injurious to property or improvements in the vicinity; and

(3) That the granting of such variance shall not constitute a grant of special privileges inconsistent with the limitations upon other properties in the vicinity and zone in which such is situated. [Ord. 5423 § 6, 2022; Ord. 5087 § 1, 2011; Ord. 4836 §§ 5, 6, 2006; Ord. 3632 §§ 3, 4, 1985; Ord. 3432 § 1, 1983].

13.10.235 Minor exceptions.

(A) Purpose. To provide a streamlined discretionary review process to allow consideration of minor variations from the zoning district site standards established for height, setbacks, separation between structures on the same property, lot coverage, and floor area ratio.

(B) Applicability. Minor exceptions to the zoning site standards contained in the site and structural dimensions charts may be considered for the following zone districts: agricultural districts; residential districts; commercial districts; industrial districts; parks, recreation, and open space districts; public and community facilities districts; timber production districts; and special use districts. Minor exceptions do not apply to special site standards contained in combining zone districts, specific plans, or PUDs, unless specifically indicated.

Minor exceptions shall be limited to the following:

(1) Height. Up to a five percent increase in the allowed height. For example, a 28-foot height limit could be increased by up to 16.8 inches (28 feet times 0.05 = 1.4 feet).

(2) Setbacks. Up to a 15 percent reduction in the required front, side, or rear setback. For example, a five-foot setback may be reduced by up to nine inches (five feet times 0.15 = 0.75 feet).

(3) Separation Between Structures. Up to a 15 percent exception from the 10-foot separation requirement between structures on the same property, allowing a reduction of up to 1.5 feet, or an 8.5-foot separation.

(4) Floor Area Ratio. Up to a 7.5 percent increase in the total allowable 50 percent FAR for lots 4,000 square feet or less, allowing up to 57.5 percent FAR.

(5) Lot Coverage. On parcels with a net site area of 6,000 square feet or greater, up to a 15 percent increase of the total allowable lot coverage; on smaller parcels, up to a 25 percent increase of the total allowable lot coverage, resulting in the following maximum allowable increases:

Table 13.10.235-1: Maximum Additional Lot Coverage
Lot Coverage Allowed by Applicable Zone District	Maximum Additional Lot Coverage Allowed With a 25% Minor Exception on Parcels of Less than 6,000 Square Feet	Maximum Additional Lot Coverage Allowed With a 15% Minor Exception on Parcels of 6,000 Square Feet or Greater
40%	10%	6%
20%	—	3%
10%	—	1.5%

Minor exceptions apply only to the zoning site standards noted above, and do not apply to or supersede limits or building setbacks required in other sections or chapters of the County Code, such as for riparian corridors, geologic hazards, sensitive habitats, or agricultural buffers. If a coastal development permit is required (pursuant to Chapter 13.20 SCCC), then the minor exception shall be processed as part of and pursuant to the coastal development permit process, including that hearing requirements, noticing, appeal procedures, etc., shall be those required for coastal development permits, and all required coastal development permit findings shall also be required.

(1) Application. The application for the minor exception shall contain such information as required by the Planning Department.

(2) Application Review. The Planning Director or designee shall review and make a determination on the application for a minor exception. At the discretion of the Planning Director, the project may be referred to the Zoning Administrator or Planning Commission for a public hearing.

(3) Noticing. Noticing shall be as provided by SCCC 18.10.116 and 18.10.121.

(4) Required Findings. Findings shall be in accordance with findings required for variance approvals in SCCC 13.10.230(C), and in accordance with the findings required in SCCC 18.10.230 for discretionary approvals. In addition, the following finding shall be required for minor exceptions allowing an increase in lot coverage:

(a) That there is no increase in stormwater leaving the property as a result of additional impermeable area created by a minor increase in lot coverage. The project as approved incorporates measures or conditions that direct runoff to the landscape, use permeable paving material, reduce existing impermeable area, or incorporate other low impact drainage design practices to control any increase in stormwater runoff.

(5) Project Conditions. The project may be conditioned as needed to ensure compliance with County policies and ordinances, in accordance with SCCC 18.10.240.

(6) Appeal. The procedures for appeals shall be as provided by SCCC 18.10.310 and 18.10.324. [Ord. 5423 § 6, 2022; Ord. 5181 § 1, 2014; Ord. 5126 § 1, 2012; Ord. 5119 §§ 3, 4, 2012; Ord. 5087 § 2, 2011].

13.10.240 Previous permits.

Any planned unit development approved pursuant to Chapter 18.30 SCCC, variance, use permit, or other approval or development permit previously issued by the County pursuant to previous regulations of the Zoning Ordinance shall continue to be administered in accordance with existing permits. Actions to amend, review, revoke, or enforce such permits shall be subject to the regulations and procedures of this chapter and Chapter 18.10 SCCC, except for existing PUD permits that were adopted by ordinance and must be administered in accordance with the ordinance by which the PUD was adopted. [Ord. 5423 § 6, 2022; Ord. 3432 § 1, 1983].

13.10.250 Interpretation.

The Zoning Administrator shall be responsible for the interpretation of the provisions of this chapter for their application to any specific case or situation or interpretation of the boundary location of a zone district, based on the following guidelines, subject to appeal to the Board of Supervisors pursuant to Chapter 18.10 SCCC:

(A) In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public health, safety, comfort, convenience, and general welfare;

(B) Whenever the district boundary is indicated as being a road or a property line, then, unless otherwise definitely indicated on the zoning plan map, the center line of the road or the property line shall be assumed to be the district boundary; and

(C) Where the location of district boundary lines is not indicated by dimensions, the boundaries shall be located by use of the scale to which the map is drawn. [Ord. 5423 § 6, 2022; Ord. 3432 § 1, 1983].

13.10.260 Nonconforming uses and structures—General provisions.

(A) Purpose. To establish regulations for nonconforming structures and uses that recognize the prevalence of legally established nonconforming uses and structures, the neighborhood benefit of well-maintained buildings, and the need to preserve and improve existing housing stock and commercial space. To allow legal nonconforming uses and structures to continue to exist, and to be improved, within appropriate parameters that address potential impacts to public health, safety, and welfare. To establish a threshold for when changes to existing nonconforming uses and structures are subject to discretionary review, and establish findings for approval of discretionary permits to protect public health, safety, welfare, and the environment. To establish provisions whereby nonconforming uses that are determined to be detrimental to public health, safety, or welfare may be terminated by the Board of Supervisors.

(B) Definitions. The following words and phrases, whenever used in this section, or SCCC 13.10.261 or 13.10.262, shall have the following meanings:

(1) “Intensification of use, nonresidential” means any change or expansion of a nonresidential use which will result in (a) a greater than 10 percent increase in vehicle trips or more than 110 new daily vehicle trips, whichever is smaller; or (b) a 10 percent increase in hazardous materials use or storage, water use, and/or sewage generation.

(2) “Intensification of use, residential” means any change to a residential use which will result in an increase in the number of bedrooms, as defined in SCCC 13.10.700(B).

(3) “Major structural components” means the foundation, floor framing, exterior wall framing and roof framing of a structure. Exterior siding, doors, window glazing, roofing materials, decks, chimneys, and interior elements including but not limited to interior walls and sheetrock, insulation, fixtures, and mechanical, electrical, and plumbing elements are not considered major structural components. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.

(4) “Nonconforming structure” means a structure that was lawfully erected prior to the adoption, revision, or amendment of this chapter but that does not conform with standards for lot coverage, setbacks, height, number of stories, distance between structures, or floor area ratio currently prescribed in the regulations for the zoning district in which the structure is located.

(5) “Nonconforming use” means a use of structure or land that was legally established and maintained prior to the adoption, revision, or amendment of this chapter, but does not conform to the current use standards, and density standards where applicable, of both the zone district and/or the General Plan/Local Coastal Program land use designation in which the use is located. A nonconforming structure is not a nonconforming use. A legally established use shall not be deemed nonconforming due to the lack of a use permit.

(6) “Reconstruction” means modification or replacement of 65 percent or more of the major structural components (see subsection (B)(3) of this section) of an existing structure within any consecutive five-year period. The extent of alterations to major structural components will be calculated in accordance with administrative guidelines adopted by resolution of the Board of Supervisors.

(1) Determination of Nonconforming Status. The property owner shall have the burden of proof in establishing the legal status of any nonconforming use or structure, in accordance with any administrative procedures that may be established by the Planning Director.

(2) Compliance With Other Provisions of the County Code. The permits required in this section and SCCC 13.10.261 and 13.10.262 are in addition to all other reviews and permits required by the Santa Cruz County Code, including requirements in Chapters 13.11, 13.20, 18.10 SCCC, and SCCC Title 16. Approvals issued pursuant to this section and SCCC 13.10.261 and 13.10.262 do not alter or supersede the permit and review requirements of other provisions of the Santa Cruz County Code. Work performed on a nonconforming structure or a structure accommodating a nonconforming use shall be pursuant to a building permit as required by Chapter 12.10 SCCC, and shall meet the requirements of these nonconforming structures and uses regulations (this section, SCCC 13.10.261 and 13.10.262) unless a waiver or exception is granted as provided in these regulations. Except as provided by SCCC 13.10.262(A)(6), Reconstruction of a Nonconforming Structure After a Catastrophic Event, or as specifically authorized by other provisions of the SCCC, relocation of a nonconforming structure that does not result in a conforming structure shall require either variance approval or minor exception in accordance with SCCC 13.10.230 or 13.10.235.

(3) Regulations in Effect at the Time of Construction. Nothing contained in this section shall be deemed to require any change in the plans, construction, or designated use of any structure upon which actual construction or operation was or will be lawfully initiated in accordance with applicable regulations in effect at the time when a planning or building permit was approved.

(4) Nonconforming Parking. In accordance with the limitations of SCCC 13.16.030(B), no legal existing use of land or structure shall be deemed to be a nonconforming use solely because of the lack of off-street parking or loading facilities.

(5) Exception for Compliance With Accessibility Requirements. Work performed solely to comply with the Americans With Disabilities Act or with Chapter 11 of the State Building Code shall be excluded from calculations of reconstruction or alteration for the purposes of this section, SCCC 13.10.261 and 13.10.262.

(6) Exception for Properties That Have Been Designated as Historic Resources Pursuant to Chapter 16.42 SCCC, or for Corrective Work on Dangerous Building Elements. Work performed solely to comply with Federal standards for rehabilitation of historic properties or with Chapter 16.42 SCCC, or solely to comply with a notice or requirement of the County Building Official to correct dangerous building elements, shall be excluded from calculations of reconstruction or structural alteration for the purposes of this section, SCCC 13.10.261 and 13.10.262.

(7) Other Regulations Pertaining to Nonconformity. The following code sections establish additional regulations for nonconforming uses or structures:

(a) Nonconforming Signs. See SCCC 13.10.585;

(b) Nonconforming Greenhouses. See SCCC 13.10.636(C);

(d) Nonconforming Recycling Collection Facilities. See SCCC 13.10.658(B);

(e) M-1 Zone District Uses Not in Compliance With SCCC 13.10.345(A). Uses in the M-1 Light Industrial Zone District which are not in compliance with the provisions of SCCC 13.10.345(A)(1) through (A)(6) are considered nonconforming uses subject to SCCC 13.10.345(A)(7) and (A)(8);

(f) Lands designated with a P Combining District. Modification or expansion of uses on lands designated with a P Agricultural Preservation Combining District shall be processed as set forth in SCCC 13.10.473; and

(g) Expansion of organized camps with nonconforming densities. See SCCC 13.10.353(B)(3). [Ord. 5423 § 6, 2022; Ord. 5119 § 6, 2012].

13.10.261 Nonconforming uses.

(A) Applicability. This section applies to nonconforming uses in all zone districts.

(B) General Requirements.

(1) Continuation of Nonconforming Uses and Nonconforming Rights. The lawful use of land existing on the effective date of the adoption, revision, or amendment of the zoning designation or of the zoning regulations that affect a property may be continued, even if the use no longer conforms to the regulations specified by Chapter 13.10 SCCC for the district in which the land is located. A nonconforming use that is not in use for at least three out of the past five years loses its status as a legal nonconforming use, and use of the land or site must conform to current uses allowed by the zone district. If cessation of use is caused involuntarily by fire or other catastrophic event, nonconforming rights are retained for three years after the event, by which time a building permit must be obtained and exercised to repair or reconstruct the nonconforming use in order to retain nonconforming rights. If nonconforming rights are lost due to failure of the use to be continued in three of the past five years or due to the failure to obtain and exercise a building permit within three years after a catastrophic event, and a conforming use has not been subsequently established at the site, the property owner may apply for a conditional use permit to reinstate the legal nonconforming use. The conditional use permit for reinstatement shall be subject to the findings required in subsection (F) of this section, as well as to all applicable requirements of the Santa Cruz County Code, and consistent with applicable General Plan and Local Coastal Program policies.

(2) Termination of Use. The Board of Supervisors may order a nonconforming use to be terminated, upon recommendation of the Planning Commission, if such a use represents a threat to public health, safety, welfare, or the environment, or has been determined to be a public nuisance. The Planning Commission shall conduct a public hearing 15 or more days after written notice to the operator of the nonconforming use and the property owner. If the operator and/or property owner has not made a substantial investment in furtherance of the use, or if the investment can be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a minimum of one year after the date of the order. If the operator and/or property owner has made a substantial investment in furtherance of the use, or if the investment cannot be substantially utilized or recovered through a currently permitted use, the order may require complete termination of the nonconforming use within a longer reasonable amount of time. Nonconforming uses that are determined to be an imminent threat to public health or safety may be terminated immediately, pursuant to Chapter 1.14 SCCC. In making a recommendation or determination, the Planning Commission and the Board of Supervisors shall consider:

(a) The total cost of land and improvements;

(b) The length of time the use has existed;

(d) The cost of moving and reestablishing the use elsewhere;

(e) Compatibility with the existing land use patterns and densities of the surrounding neighborhood;

(f) The degree of threat to public health, safety, or welfare; and

(g) Other relevant factors.

Failure to comply with a Board of Supervisors order to terminate a nonconforming use shall constitute a violation of this chapter and shall constitute a determination that the use is a public nuisance subject to abatement in accordance with Chapter 1.14 SCCC.

(3) Dwelling Groups—Conforming Unit. Where two or more residential dwelling units exist on a parcel of land as nonconforming units because the zoning of the property no longer allows more than one primary dwelling unit, one of the units shall be deemed as conforming to the zone district. The owner may choose, one time only, which unit shall be considered as conforming. Accordingly, that unit may be repaired, structurally altered, enlarged, or reconstructed in accordance with the site and structural dimensions of the zone district in which the parcel is located. The other unit(s) shall be considered nonconforming and subject to the requirements of this section.

(1) Modifications to a Structure Accommodating an Existing Nonconforming Use. The following types of modifications may be allowed to a structure that accommodates a nonconforming use, subject to obtaining the required permit and to the required findings noted in subsection (F) of this section.

Table 13.10.261-1: Changes to Nonconforming Use
Modifications to a Structure Accommodating a Nonconforming Use	Permit Required
Repairs and improvements to an existing structure, altering up to 65 percent of the major structural components.	Permitted upon issuance of a building permit and any approvals that may be required by other sections of the County Code and General Plan/Local Coastal Program, including a site development permit where indicated in site development regulations for the zone district.
Reconstruction (as defined in SCCC 13.10.260(B)(6)) of an existing structure.	Conditional use permit (see subsections (E) and (F) of this section).
Conforming additions not exceeding 50 percent of the square footage of the existing building, limited to once within a five-year period.	Administrative use permit (see subsections (D) and (F) of this section).
Conforming additions exceeding 50 percent of the square footage of the existing building, limited to once within a five-year period.	Conditional use permit (see subsections (E) and (F) of this section).
Reconstruction (as defined in SCCC 13.10.260(B)(6)) of a structure accommodating a nonconforming use after a catastrophic event.	Administrative use permit (see subsections (D) and (F) of this section).

(2) Modifications to an Existing Nonconforming Use. The following changes related to an existing legal nonconforming use may be allowed, subject to obtaining the required permit and to the required findings noted in subsection (F) of this section.

Table 13.10.261-2: Changes to Nonconforming Use
Type of Change to a Nonconforming Use	Permits Required
Expansion of an existing nonconforming use throughout an existing structure, with no intensification of the use.	Administrative use permit (see subsections (D) and (F) of this section).
Intensification of an existing nonconforming use as defined in SCCC 13.10.260(B)(2) for residential uses and SCCC 13.10.260(B)(1) for nonresidential uses.	Conditional use permit (see subsections (E) and (F) of this section).
Change of an existing nonconforming use to another nonconforming use with no intensification.	Administrative use permit (see subsections (D) and (F) of this section).

(D) Procedures for Administrative Use Permit. Procedures for an administrative use permit shall be in accordance with those established for administrative approvals in Chapter 18.10 SCCC. In addition, the findings in subsection (F) of this section shall be required for approval of an administrative use permit.

(E) Procedures for a Conditional Use Permit. Procedures for a conditional use permit shall be in accordance with those established in Chapter 18.10 SCCC, including the requirement for a public hearing and required findings.

(F) Additional Findings Required. Approval of an administrative or conditional use permit pursuant to subsections (D) and (E) of this section is subject to the following additional findings:

(1) That additional parking requirements created by the project can be met in accordance with SCCC 13.10.551;

(2) That the proposed project will not significantly impair economic vitality goals or key land use goals of the General Plan;

(3) For a change of a use to a different nonconforming use of a site, conformance with uses currently allowed for the zone district is not feasible due to conditions on the site and surrounding land uses, or due to economic conditions; and

(4) For a nonconforming commercial, industrial, or residential use on a site adjacent to residential property, the proposed modification to the nonconforming use, or the proposed reestablishment of a legal nonconforming use pursuant to subsection (B)(1) of this section, does not unreasonably infringe on adequate light, air, solar access, privacy, or the quiet enjoyment of adjacent residences, and does not create excessive noise, vibration, illumination, glare, odors, dust, dirt, smoke, or hazards such as noxious fumes to a level that substantially exceeds that of the existing or former legal nonconforming use of the site. [Ord. 5423 § 6, 2022; Ord. 5119 § 7, 2012].

13.10.262 Nonconforming structures.

(A) Changes to Nonconforming Structures—Permits Required. The requirements of this section are in addition to and do not supersede requirements or permit approvals required in other sections of the Santa Cruz County Code, including but not limited to SCCC Titles 12, 13, 16 and 18.

(1) Structural Alterations. Except as noted in subsection (A)(4) of this section, structural alterations to an existing nonconforming structure within a consecutive five-year period that do not constitute reconstruction as defined by SCCC 13.10.260(B)(6) are permitted upon issuance of a building permit and any approvals or permits that may be required by other sections of the SCCC including a site development permit where indicated in site development regulations for the zone district.

(2) Conforming Additions. Conforming additions that do not increase the nonconforming dimensions of the structure are permitted upon issuance of a building permit and any approvals that are required by other sections of the SCCC, including a site development permit for sites in the commercial and industrial zone districts where indicated in site development regulations for the district. Nonconforming additions are not permitted unless a variance or minor exception is granted in accordance with SCCC 13.10.230 or 13.10.235.

(3) Reconstruction. Reconstruction of a nonconforming structure requires an administrative site development permit (see subsection (B) of this section). Except as provided by subsections (A)(6) and (A)(7) of this section, or as specifically authorized by other provisions of the Santa Cruz County Code, any relocation of a nonconforming structure shall require approval of a variance or minor exception in accordance with SCCC 13.10.230 or 13.10.235.

(4) Structural Alteration or Reconstruction of a Nonconforming Structure Located Over a Property Line, Within a Riparian Corridor, Within Five Feet of a Vehicular Right-of-Way or Within Five Feet of a Planned Vehicular Right-of-Way Improvement. Altering more than 50 percent of the major structural components (up to and including reconstruction) within any consecutive five-year period requires an administrative site development permit. The purpose of this review is to provide adequate opportunity to address potential impacts to the environment or public health, safety, or welfare. For nonconforming structures located within five feet of a vehicular right-of-way or within five feet of a planned vehicular right-of-way improvement, the Planning Director may waive the requirement for an administrative site development permit for altering more than 50 percent of the major structural components if they determine that the proposed project will not adversely affect the environment or public health, safety, or general welfare. If the requirement is waived, then the requirement for an administrative site development permit for reconstruction as specified in subsection (A)(3) of this section shall apply. Nothing in this chapter is intended to allow encroachment without necessary legal authorization, either by easement, quiet title action, or other legal means.

(5) Exceptions. Exceptions to the requirements of subsections (A)(1) through (A)(4) of this section are as follows:

(a) Exception for Structures Designated as Historic Resources. Modifications to a nonconforming structure which has been designated as a historic resource pursuant to Chapter 16.42 SCCC are permitted upon issuance of only those building permits and/or development permits that are required by other sections of the County Code, including Chapter 16.42 SCCC, if one or more of the following criteria are met:

(i) The proposed alteration, reconstruction, or addition conforms to the Secretary of the Interior’s Standards for Rehabilitation of Historic Properties, and does not increase the nonconforming dimensions of the structure;

(ii) The proposed alteration, reconstruction, or addition does not conform to the lot coverage, yard setback, floor area ratio, or height regulations of the zoning district in which it occurs, but is within the structural outline of the structure and does not expand the perimeter foundation line of the structure. The structural outline of a structure shall include that space which is enclosed by the structural posts, columns, beams, trusses, and girders of the structure; or

(iii) The proposed modifications are required to provide access for persons with disabilities to the structure.

(b) Exception for Corrective Work on Dangerous Building Elements. Work performed to comply with a notice or requirement of the County Building Official to correct dangerous building elements shall not count towards overall limits on reconstruction in subsection (A)(3) of this section.

(6) Reconstruction of a Nonconforming Structure After a Catastrophic Event. Except as noted in subsection (A)(7) of this section, reconstruction of a legal nonconforming structure after a catastrophic event is allowed upon issuance of a building permit and any approvals that may be required by other sections of the County Code, including a site development permit where indicated in site development regulations for the district, if the reconstructed structure does not increase the nonconforming dimensions of the structure and is located in substantially the same location as the current/prior structure. New locations on the site may be considered without the need for an administrative site development permit if the Planning Director finds that the new location results in greater conformance with code requirements. Relocation that does not result in greater conformance with code requirements requires variance approval in accordance with SCCC 13.10.230 or minor exception pursuant to SCCC 13.10.235. (Note: Additional permits may be required for reconstruction after a catastrophic event by other provisions of the SCCC, including SCCC Title 16 and Chapter 13.20 SCCC.)

(7) Structural Alteration and Reconstruction After a Catastrophic Event, for a Nonconforming Structure Located Over a Property Line, Within a Riparian Corridor, Within Five Feet of a Vehicular Right-of-Way, or Within Five Feet of a Planned Vehicular Right-of-Way Improvement. Structural alteration after a catastrophic event, altering less than 65 percent of the major structural components, is allowed upon issuance of a building permit and permits that may be required by other sections of the County Code.

Reconstruction after a catastrophic event requires an administrative site development permit. The purpose of this review is to provide adequate opportunity to address potential impacts to the natural environment or public health, safety, or welfare. New locations on the site may be considered as part of the administrative site development permit if it is determined that the new location results in greater conformance with code requirements. Relocation that does not result in greater conformance with code requirements shall require approval of a variance or minor exception in accordance with SCCC 13.10.230 or 13.10.235.

For nonconforming structures located within five feet of a vehicular right-of-way or within five feet of a planned vehicular right-of-way improvement, the Planning Director may waive the requirement for an administrative site development permit for reconstruction if they determine that the proposed project will not adversely affect the natural environment or public health, safety, or general welfare. If the requirement is waived, then reconstruction shall conform to the requirements noted in subsection (A)(6) of this section.

(Note: Additional permits may be required for reconstruction after a catastrophic event by other provisions of the Santa Cruz County Code, including SCCC Title 16 and Chapter 13.20 SCCC. Nothing in this chapter is intended to allow encroachment without necessary legal authorization, either by easement, quiet title action, or other legal means.)

(B) Procedures for a Nonconforming Structure Administrative Site Development Permit. Procedures for an administrative site development permit as required pursuant to this section shall be in accordance with those established in Chapter 18.10 SCCC, subject to the additional findings in subsection (C) of this section.

(C) Findings. The following findings apply to site development permits for nonconforming structures as required under subsection (A) of this section:

(1) Any additional parking requirements created by the project can be met in accordance with SCCC 13.10.551;

(2) The proposed project will not significantly impair economic development goals or key land use goals of the General Plan;

(3) For nonconforming commercial, industrial, or residential structures adjacent to residential property, the nonconforming structure does not unreasonably infringe on adequate light, air, solar access, privacy, or the quiet enjoyment of adjacent residences;

(4) For nonconforming structures over a property line, within a riparian corridor, or within five feet of an existing or planned right-of-way, the proposed project has been conditioned to require greater conformance to current site development standards, or has been required to eliminate the nonconformity where feasible, considering economic factors and site conditions including size, shape, topography, existing development or improvements, and environmental constraints; and

(5) For projects within a riparian corridor, a condition of approval of the site development permit has been imposed to require riparian protection, preservation, and/or enhancement on the site, as reasonably related to the project and in accordance with General Plan/Local Coastal Program Policy ARC-3.3.2. [Ord. 5423 § 6, 2022; Ord. 5119 § 8, 2012].

13.10.265 Nonconforming structures.

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

13.10.270 Appeals.

All appeals of actions taken pursuant to the provisions of this chapter shall be made in conformance with the procedures of Chapter 18.10 SCCC. [Ord. 3432 § 1, 1983].

13.10.275 Violations of zoning use regulations.

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

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

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

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

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

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

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

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

13.10.276 Violations of conditions of approval.

(A) It shall be unlawful for any person to exercise any development permit which authorizes uses under this chapter without complying with all of the conditions of such permit.

(B) It shall be unlawful for any person to exercise any development permit which authorizes a variance under this chapter without complying with all of the conditions of such permit. [Ord. 5423 § 7, 2022; Ord. 3451-A § 7, 1983].

13.10.277 Violations of development standards.

(A) Yard Setback Requirements. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for any construction of structures within the yard setback areas required by the regulations of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction.

(B) Height Limitations. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for construction of a structure of a height in excess of the maximum height limitation of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction.

(C) Lot Coverage Limitations. It shall be unlawful for any person to do, cause, permit, aid, abet or furnish equipment or labor for construction of a structure which exceeds the maximum percentage of lot coverage of the zone district in which the site is located unless a development permit has been obtained and is in effect which authorizes a variance for such construction. [Ord. 3451-A § 8, 1983].

13.10.278 Violations of density limitations.

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

13.10.279 Continuing violations.

(A) Unlawful Actions. It shall be unlawful for any person to allow a situation to continue contrary to the provisions of this chapter or to any permit conditions required pursuant to this chapter, regardless of whether the violation was originally committed by a prior owner or other third person.

(B) Declaration as Nuisance. Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained, contrary to the provisions of this chapter, and/or any use of any land or premises, established, conducted, operated, or maintained contrary to the provisions of this chapter, shall be, and the same is hereby declared to be, unlawful and a public nuisance and the District Attorney or the County Counsel shall, upon written request of the Planning Director or upon order of the Planning Commission or the Board of Supervisors, immediately commence actions or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law. [Ord. 4390A, 1996].

13.10.280 Enforcement penalties, remedies and procedures for violations.

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

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

Part III. DISTRICTS

Article I. Agricultural Districts

13.10.311 Purposes of agricultural districts.

(A) CA Commercial Agriculture. The purposes of the CA Commercial Agriculture Zone District are to preserve the commercial agricultural lands within Santa Cruz County which are a limited and irreplaceable natural resource, to maintain the economic integrity of the economic farm units comprising the commercial agricultural areas of the County, to implement the agricultural preservation policy of SCCC 16.50.010, and to maintain and enhance the general welfare of the County as a whole by preserving and protecting agriculture, one of the County’s major economic sectors. Within the CA Commercial Agriculture Zone District, commercial agriculture and associated activities related to the viability of the commercial agricultural sector such as produce stands and agri-tourism/education shall be encouraged, and development of non-agricultural uses which may conflict with commercial agriculture shall be excluded.

(B) A Agriculture. The purposes of the A Agriculture Zone District are to support a diversity of farm operations on agricultural land in the County which is not designated Type 1, Type 2, or Type 3, but which contributes to open space and/or rural character and may constitute a productive natural resource; to encourage noncommercial agricultural uses such as family farming, gardening, and animal raising; to allow limited appropriately scaled commercial agricultural activities on the small amounts of agricultural land remaining in the County which are not designated as commercially suitable, but which still constitute a productive natural resource; to provide for agricultural uses of a higher intensity in rural areas than those allowed in the RA Residential Agricultural Zone District where such use is compatible with the surrounding land uses and the environmental constraints of the land; to provide for agricultural support uses such as agricultural service establishments, agricultural processing facilities, and produce markets, and agriculturally related uses such as tree service and kennels as scaled, sited, and designed to protect agricultural production, minimize land use conflicts and to maintain the public health and general welfare; to maintain options for a diversity of farm operations; to implement the agricultural preservation policy of Chapter 16.50 SCCC; and to maintain productive open space and rural character in the County.

(C) Agricultural Preserve and Farmland Security (-P) Combining District. Lands enrolled in the Williamson Act Program under the California Land Conservation Act of 1965 are subject to the requirements in Government Code Section 51200 et seq., and SCCC 13.10.471 through 13.10.473, and are designated as falling within an Agricultural Preserve and Farmland Security (P) Combining District, to denote lands that are restricted by Williamson Act contracts, and to regulate permitting on lands so restricted.

(D) Interpretation of Provisions. The provisions of this chapter shall be liberally interpreted insofar as they apply to accommodating agricultural pursuits and services and shall not be deemed or construed to interfere with any normal accessory use conducted in conjunction therewith. It is the intention of the County to retain commercially viable agricultural areas for commercial agricultural production, and to encourage the commercial agricultural use of lands designated by the Board of Supervisors as Type 1, Type 2, or Type 3 agricultural lands as identified in the County GIS System; to provide maximum protection to existing and future agricultural enterprises from restrictions which may be instituted later at the request of future residents; to restrict incompatible development on or adjacent to agricultural land; and to maintain the existing parcel sizes for parcels zoned CA, except where it is clearly demonstrated that any division of such parcels shall not diminish the productivity or in any way hamper or discourage the long-term commercial viability of agricultural operations on said parcels or adjoining or nearby parcels. [Ord. 5423 § 8, 2022; Ord. 3432 § 1, 1983].

13.10.312 Uses in agricultural districts.

(A) Allowed Uses. The uses allowed in the agricultural districts shall be as provided in the agricultural uses chart in subsection (D) of this section. Certain disallowed uses that are preexisting on a parcel and were legally established may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses.

(B) Use Permits. A discretionary permit for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the agricultural uses chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures. All conditional use permits in the CA Zone District are also subject to the special findings required by SCCC 13.10.314.

(C) Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC 13.11.037, a coastal development permit pursuant to SCCC 13.20.050, or other discretionary review.

(D) Agricultural Uses Chart. Allowed uses and permit requirements for agricultural zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use may be permitted subject to the same permit requirements as the identified use.

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) or the Board of Supervisors (BOS) is specified.
A	Use must be ancillary to the main agricultural use of the subject parcel; or where so indicated in SCCC 13.10.631—13.10.639, ancillary to a farming operation on another parcel or parcels in the County, owned or leased by the same entity.
NA	Use not allowed in this zone district.
“Development area” refers to the area of a parcel or site associated with an allowed use or development that is covered with structures, paving, or other impermeable or semi-permeable surface material such as baserock or gravel which may affect the long-term agricultural viability of the underlying soil.

Table 13.10.312-1: Agricultural Uses Chart
USE			PERMIT REQUIRED BY ZONE		REFERENCES AND NOTES
USE			CA	A
Agriculture
Apiculture			P	P	Chapter 7.32
Aquaculture (fish, shellfish, or other animals)			CUP	CUP
Biomedical livestock operations			CUP	CUP	13.10.647
Container crops, including horticulture and food production, outdoor					13.10.639
1 acre or less			ZC	ZC	13.10.639
Area larger than 1 acre			MUP	MUP
Crop production			P	P	13.10.700-C
Dairy			MUP	CUP	Chapter 7.08, 16.22.060
Farmworker Housing: EHA (Employee Housing Act) project as defined in SCCC 13.10.631, providing permanent, temporary, or seasonal housing for five or more farmworkers (agricultural employees). Includes employer-provided farmworker housing, rural farmworker housing, streamlined EHA project*, and EHA small farmworker housing project.			P	P	13.10.631 16.50.095(F) 13.11.037 *Streamlined project allowed outside Coastal Zone only.
Small farmworker housing project not subject to EHA, consisting of 1 to 4 dwelling units housing no more than 4 farmworkers total:					13.10.631 16.50.095(F) 13.11.037
Inside Coastal Zone:			CUPA	CUP
Outside Coastal Zone:			PA	P
Affordable rental farmworker housing project pursuant to development reserve, outside the Coastal Zone only (see SCCC 13.10.631 for map of eligible areas)			CUP-BOS	CUP-BOS	13.10.631 16.50.095(F) 13.11.037
Greenhouse, hoop house			P/ ZC	P/ ZC	13.10.636 13.20.073 13.11.037 ZC required for greenhouses > 500 sf.
Hatchery facility, poultry			P	P	SCCC 13.10.700-H
Hydroponic farm			MUP	AUP
Livestock production and grazing
Large animals (horses, cows, llamas) up to 8 per acre; hogs up to 2 per acre; medium animals (sheep, goats, alpacas) up to 16 per acre; small animals (rabbits, mink, poultry) up to 100 animals per acre, in any combination			P	P	13.10.645 13.10.646 16.22.060 13.10.313
Animals at a greater density			P	AUP	13.10.645 13.10.646 16.22.060 13.10.313
Timber harvesting and associated operations (allowed outside the Coastal Zone only)			P	NA
Water pollution control facility, agricultural, to comply with waste discharge requirements or other orders of the Regional Water Quality Control Board			MUP	MUP	16.20, 16.22 16.30
Agricultural Support
Agri-tourism and education					13.10.633; 13.10.700-A 13.11.037 Agri-tourism facility buildings limited to a total of 3,500 sf.
School visits, preschool—12th grade, no limit on number of events per year or number of students			PA	P
Other agri-tourism and education events, not exceeding 12 per year	50 or fewer guests per event		PA	P
	51—100 guests per event	Parcel less than 15 acres	PA	AUP
	51—100 guests per event	Parcel 15 acres or larger	PA	P
Other agri-tourism and education events, exceeding 12 per year or number of guests provided above			MUPA	AUP/CUP*	*CUP for events located within 200 feet of a residentially zoned parcel or within 200 feet of a residence.
Any agri-tourism and education event(s) with outdoor amplified music			AUPA	AUP/CUP*	*CUP for event(s) located within 200 feet of a residentially zoned parcel or within 200 feet of a residence.
Administrative offices, agricultural			PA	PA	13.11.037
Agricultural processing facility					13.11.037
Up to 5,000 sq. ft. development area			MUP	AUP	13.10.632 13.10.700-A 13.11.037 *CUP inside Coastal Zone
>5,000 sq. ft. up to 60,000 sq. ft. development area			AUP/CUP*	AUP
>60,000 sq. ft. development area			NA	CUP
Agricultural service establishment					13.10.638 13.10.700-A 13.11.037
<1,000 sq. ft. development area			MUPA	MUP	* On CA, limited to a total development area of 10,000 sf.
1,000 to 7,500 sq. ft. development area			CUPA	AUP
>7,500 sq. ft. development area*			CUPA-PC	CUP
Consumer harvesting			P	P
Farmstay/homestay			MUPA	MUPA	13.10.641, 13.10.700-F
Fuel storage tanks and pumps			ZC	ZC
Home occupation			PA/CUPA	PA/CUPA	See 13.10.613 to determine when a CUP is required
Indoor growing facility for mushrooms or other crops, excluding greenhouses					13.10.634 13.11.037
Up to 1,000 sq. ft.			P	P
>1,000 sq. ft.—20,000 sq. ft total indoor structure area on the parcel			P	CUP
Kennel			MUPA	AUP	13.10.646 13.11.037
Lumber mill			NA	CUP
Museum, agriculture or natural history			CUPA*-PC	CUP-PC	*On CA, limited to a total development area of 12,000 sf.
Produce sales area, temporary; produce stand
< 800 sq. ft.			PA	MUPA	13.10.640 13.11.037
800 sq. ft. to 1,600 sq. ft.			PA	MUPA	13.10.640 13.11.037
Produce market					13.10.640 13.11.037
Up to 1,800 sq. ft.			NA	MUPA
1,800 to 3,600 sq. ft.			NA	CUPA
Research and development establishment, agricultural			PA	P	13.10.644 13.11.037 On CA, limit of 35,000 sf development area, excluding areas for container crops.
Storage of agricultural equipment and supplies, indoor or outdoor					13.10.635 13.11.037 *ZC required for storage buildings, and for storage areas larger than 1,000 sf 13.10.313(E)
Up to 12,000 sq. ft. development area			PA/ZC*	P/ZC*
>12,000 sq. ft. development area, located off Type 1—3 soils			MUPA	AUP
>12,000 sq. ft. development area on Type 1—3 soils			CUP/PCA	CUP
Stable, commercial riding or boarding; riding academy			P/CUPA	P/CUP	See 13.10.644 for permit requirements
Tree service			NA	AUP
Veterinary office, animal hospital			CUPA	CUP	13.10.644 13.11.037 On CA, limited to a total development area of 15,000 sf.
Water wells, storage tanks and distribution lines, well covers, and small pump houses utilized for agriculturally related activities			ZC	ZC	13.20.073
Winery, brewery, or distillery					See 13.10.637 for features that may increase permit requirements. On CA, limited to a total development area of 35,000 sf.
Production only, less than 1,000 gallons			PA	PA
Small: up to 10,000 gallons wine or spirits, or 3,000 barrels beer, per year			MUPA	MUPA
Medium: >10,000 – 30,000 gallons wine or spirits, or 3,000 – 6,000 barrels beer, per year			AUPA	AUPA
Large: >30,000 gallons wine or spirits, or >6,000 barrels beer, per year			CUPA	CUPA
Winery signs					13.10.637
Up to 12 sq. ft., non-illuminated			PA	PA
Greater than 12 sq. ft. or illuminated			MUPA	MUPA
Zoo			NA	CUP	13.10.644 13.10.700-Z 13.11.037
Zoo, petting			PA	PA	13.10.644 13.11.037
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC 13.10.650 (Non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC.
Indoor cultivation: existing legal structure (including greenhouses)			P	AUPX	X: CUP for non-Class CG licensed cultivation activities, and greenhouses over 20,000 square feet
Greenhouse replacement, reconstruction, or structural alteration			P	CUP	Subject to 13.10.636(B) and (C)
Indoor cultivation: new non-greenhouse structure					New structures not permitted in the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities.
≤ 2,000 sf			MUP	AUPX
> 2,000 sf			CUP	CUP
Indoor cultivation: new greenhouse					New structures not permitted in the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. N: AUP if adjacent parcel is developed with a residential structure in the PR, A, TP, SU, or any residential zone district.
< 2,000 sf			MUP	AUPX
2,000 – 20,000 sf			MUPN	NA
> 20,000 sf			AUP	NA
Outdoor cultivation (including hoop house)			P	AUPX	New hoop houses not permitted in the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities.
Water tank			PA	MUPA	A: Accessory to cannabis cultivation
Manufacturing, Class 1 and 2					New structures not permitted in the coastal zone and 1-mile buffer.
Outside the coastal zone and 1-mile buffer:
≤ 2,000 sf			MUP	MUPA*±
> 2,000 sf			AUP	AUPA*±
Inside the coastal zone and 1-mile buffer:					A: Cannabis manufacturing uses must be ancillary to on- site commercial cannabis cultivation in the A district. ±: CUP if manufacturing activity involves cannabis imported from off site or employees (not including the owner). *CUP on parcels < 5 acres.
≤ 2,000 sf			MUP	MUP±
> 2,000 sf			CUP	CUP
Manufacturing, Class 3			AUP*	NA	New structures not permitted in the coastal zone and 1-mile buffer. *CUP for existing structures > 2,000 sf in the coastal zone
Distribution, Class 1: existing legal structure					A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation in the A district.
≤ 2,000 sf			P	MUPA
> 2,000 sf			P	CUPA
Distribution, Class 1: new structure					New structures not permitted in the coastal zone and 1-mile buffer. A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation in the A district.
≤ 2,000 sf			MUP	MUPA
> 2,000 sf			AUP	CUPA
Distribution, Class 2: existing legal structure			P	NA	Class 2 distribution is not permitted in new structures in agricultural zone districts.
Distribution, transport only			P	P
Community and Public Facilities
Energy facilities, cogeneration			MUPA	MUP	13.10.700-C; 13.11.037 On CA land, limited to a total development area of 5,000 sf.
Energy facilities, microgrid			CUPA	AUP	13.10.700-M; 13.11.037 On CA land, limited to a total development area of 5,000 sf.
Facilities for fish and wildlife enhancement and preservation			P	P
Fire protection facilities			NA	AUP	13.11.037
Flood control works, including channel rectification and alteration, for agricultural use			ZC	ZC
Flood control projects, other than for agricultural use
1 acre or less			CUP	CUP
More than 1 acre			CUP-BOS	CUP-BOS
Dams, canals, and aqueducts of public water projects			CUP-PC	CUP-PC	13.11.037
Public or private recreational uses (such as playfields) that do not include permanent structures or paving			CUP	CUP	13.11.037
Reservoirs					13.11.037
25 acre feet or less			CUP	CUP
>25 acre feet			CUP-BOS	CUP-BOS
Sanitary landfill, publicly owned or contracted, as an interim public use			CUP-PC	CUP-PC	13.10.639; 13.11.037
Septic tank sludge disposal sites approved by County Health Officer, outside the Coastal Zone			NA	CUP-PC	Chapter 7.42
Wastewater treatment plant for the production of recycled water for agricultural irrigation use			CUP-PC	CUP-PC	13.10.643; 13.11.037
Wireless communication facilities			P/CUP	P/CUP	*Refer to 13.10.660 et seq., for permitting requirements Subject to SCCC 13.10.660 through 13.10.664, inclusive
Other public facility and public/quasi-public community facilities as defined in SCCC 13.10.700-P, where determined to be of significant benefit to public health, safety, and welfare, with any loss of agricultural land mitigated			NA	CUP-PC	13.10.314; 13.10.635(D) 13.10.700-M (microgrid) 13.10.700-P; 13.11.037
Housing and Accessory Uses
Single-family dwelling, < 5,000 sf					13.10.313(F); 13.10.314(B); 13.10.324(C); 13.11.037; 16.50.095 13.10.313(E) On CA, limit of one single- family dwelling per parcel.
Inside Coastal Zone			CUPA	P
Outside Coastal Zone			P	P
Single-family dwelling, >5,000 sf			CUP	CUP
Dwelling groups (other than agricultural employee housing and caretaker units or accessory dwelling units), subject to dwelling group density standards					13.10.313 16.50.095
2—4 units			NA	AUP
5 or more units			NA	CUP-PC
Accessory dwelling unit (ADU) or junior ADU located within 100 feet of the primary dwelling			PA	P	13.10.313; 13.10.681 13.11.037; 13.20.107—108 16.50.095
Residential accessory structure, habitable* or non-habitable			PA	P	*Limit of one habitable accessory structure in CA, located within 100 feet of the primary dwelling 13.10.313; 13.10.611; 13.11.037; 16.50.095
Foster homes for seven or fewer children, not including those of the proprietary family			P	P	On CA, allowed only within the main dwelling. 13.10.700-F; 16.50.095
Foster homes for eight or more children, not including those of the proprietary family			CUP	AUP
Residential care home serving 6 or fewer residents			P	P	In CA, allowed only within the main dwelling. 13.10.700-R; 16.50.095
Family (child) day care home (must be in conjunction with residential use)			PA	PA	Serving up to 14 children. SCCC 13.10.613; 13.10.700-D 16.50.095
Home occupations			PA/CUPA	PA/CUPA	13.10.616
Visitor Accommodations
Bed and breakfast inn			CUPA-PC	CUP	13.10.691; 13.11.037 Not allowed on sites with a farmstay use. In CA, allowed only in the main dwelling.
Hosted rental			ZCA	ZCA	13.10.690
Vacation rentals, new, with 3 or fewer bedrooms and all vacation rental renewals			AUPA	AUPA	In CA, allowed only within the main dwelling. 13.10.694
Vacation rentals, new, with 4 or more bedrooms			CUPA	CUPA	In CA, allowed only within the main dwelling. 13.10.694

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

13.10.313 Development standards in agricultural districts.

(A) Site and Structural Dimensions. The following site area per dwelling unit, site width, frontage, yard dimensions, and building height limits shall apply to all agricultural zone districts except that maximum height limits and exceptions therefrom for residential structures in all agricultural districts shall be determined in accordance with the provisions of SCCC 13.10.323 applicable to parcels in the residential zone districts. On legal lots of record less than two and one-half acres in size, all site and structural dimensions of the residential districts as indicated in SCCC 13.10.323 shall apply, based on the pre-existing parcel size.

Table 13.10.313-1: Agricultural Site and Structural Dimensions
Designation	Parcel Size	Width	Frontage	Front Yard
A	Less than 5 acres	100'	60'	20'
A	5 acres or more	300'	100'	20'
CA	(All)	300'	100'	20'

Designation	Setbacks*:			Maximum Height **:
Designation	Front	Side	Rear	Agricultural Structures	Residential Structures
A	20'	20'	20'	40'	28'
CA	20'	20'	20'	40'	28'

* For soil-dependent greenhouses, including hoop houses that meet the definition of an agricultural shade structure (SCCC 12.10.315(A)(11)) or those that require a building permit solely because of having mechanical, electrical, or plumbing equipment; the setback from all property lines abutting, on, or across a street or road from another agriculturally zoned parcel is 10 feet. Where an abutting agriculturally zoned parcel is under common ownership or leasehold, hoop houses may be constructed with a zero foot setback from the side and rear property lines.

** Agricultural windmills and wind machines for crop production are exempt from the height provisions of this chapter.

(B) Distance Between Structures. Incidental and accessory structures may be attached to and have a common wall with a main structure on a site or may be connected with a main structure by a breezeway; provided, that a structure housing livestock shall not be attached to a structure used for human habitation. Where there is more than one structure on a site, the minimum distance between a structure used for human habitation and another structure shall be 10 feet. The minimum distance between dwelling units shall be 10 feet. The minimum distance between a structure used for human habitation and a structure housing livestock shall be 50 feet. Exceptions to the minimum distance between structures require approval of a minor exception or variance.

(C) Buffer Requirements. Habitable structures, and uses involving intensive human activity, including residential development, and commercial or industrial establishments, that are adjacent to parcels zoned Commercial Agriculture (CA) and/or on lands designated as Type 1—3, Agricultural Resource Land shall provide a buffer setback in accordance with the provisions of SCCC 16.50.095. Where required to comply with agricultural buffer setback requirements, an ADU may be located more than 100 feet from the main dwelling, with the additional distance from the main dwelling limited to the minimum distance required to meet the buffer setback requirements. Agricultural buffers shall not be required between nonagricultural and commercial agricultural uses on the same parcel unless otherwise specified by the SCCC. For buffer requirements for farmworker housing, see SCCC 13.10.631.

(D) Dwelling Group Densities. Dwelling groups within the A Agriculture Zone District may be allowed at a density per dwelling unit pursuant to Chapter 13.14 SCCC pertaining to rural residential density determinations. Agricultural employee housing in accordance with SCCC 13.10.631 is considered an agricultural use for the purpose of calculating density for zoning purposes.

(E) Total Development Area On CA.

(1) Residential and Agricultural Support Uses.

(a) The total combined development area on Type I-III agricultural soils for residential and agricultural support uses as identified in the Agricultural Uses Chart (excluding access roads) shall not exceed 60,000 square feet or 10 percent of the gross site area, whichever is larger.

(b) For proposed residential or agricultural support uses that would result in a combined development area for residential and agricultural support uses on Type 1—3 soils greater than 35,000 square feet, a conditional use permit and master plan shall be required, and the following findings shall apply:

(i) An alternative sites analysis provided by the applicant and supported by technical studies demonstrates that there are no feasible sites available on the subject parcel or on other parcels owned or leased by the applicant that are located off Type 1—3 agricultural land and viable agricultural soils that could accommodate the proposed use;

(ii) There are no feasible alternatives for site design, surfacing materials, or other measures available to accommodate the proposed use that would reduce the total development area on Type 1—3 soils below 35,000 quare feet and substantially reduce impacts to viable agricultural land; and

(iii) Farmable portions on the subject parcel, or farmable areas on other sites owned by the agricultural operator equal or greater in size than the total development area of the subject parcel, have been placed in a permanent agricultural easement to protect the land for future farming use.

(2) Discretionary Community and Public Facility Structures on CA Land. For discretionary community and public facility structures allowed in the CA Zone District (excluding wastewater treatment plants for the production of recycled water for agricultural irrigation use which are subject to findings provided in SCCC 13.10.643), the following findings shall apply to development areas that exceed 35,000 square feet, in addition to findings required pursuant to SCCC 13.10.314(A)(2) and (3):

(a) There are no feasible alternatives for site design, surfacing materials, or other measures available to accommodate the proposed use that would reduce the total development area on Type 1—3 soils below 35,000 square feet and substantially reduce impacts to viable agricultural land; and

(b) Farmable portions on the subject parcel, or farmable areas on other commercial agricultural sites equal or greater in size than the total development area of the subject parcel, have been placed in a permanent agricultural easement to protect the land for future farming use.* [Ord. 5423 § 8, 2022; Ord. 5321 § 3, 2019; Ord. 5152 § 2, 2013; Ord. 4836 §§ 42—44, 2006; Ord. 4416 § 3, 1996; Ord. 4406 § 3, 1996; Ord. 4346 § 8, 1994; Ord. 4314 § 1, 1994; Ord. 4097 § 3, 1990; Ord. 4037 § 2, 1989; Ord. 3755 § 1, 1986; Ord. 3432 § 1, 1983].

* The Pajaro River Flood Risk Management Project and other flood control projects for which environmental documentation compliant with CEQA has been prepared are exempt from this finding.

13.10.314 Required special findings for CA uses.

(A) Nonresidential Conditional Uses. For parcels within the CA Commercial Agriculture and the Agricultural Preserve (-P) Combining Zone Districts, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve any nonresidential project listed under SCCC 13.10.312 that requires a conditional use permit, except agricultural uses and agricultural buffer determinations:

(1) That the establishment or maintenance of this use will enhance or support the continued operation of commercial agriculture on the parcel (excepting public/quasi-public community facilities of significant benefit to public health, safety, and welfare) and will not reduce, restrict, or adversely affect agricultural activities or resources, or the economic viability of commercial agricultural operations, in the area;

(2) The use is sited on the property to avoid removing land from production and to preserve agricultural resource soils. If avoidance and preservation are not possible, remove as little land as possible from agricultural production and future production. Technical reports may be required to demonstrate conservation of farmland to the maximum extent feasible; and

(3) That the use or structure is ancillary to the principal agricultural use of the parcel, or to parcels owned or leased by the operator where so indicated in SCCC 13.10.312(D), Agricultural Uses Chart, or:

(a) That no other agricultural use is feasible for the parcel;

(b) That the use consists of an interim public use which does not impair long-term agricultural viability;

(c) The use consists of a permanent public use that will result in the production of recycled wastewater facility solely for agricultural irrigation and that limits and mitigates the impacts of facility construction on agriculture consistent with the requirements of SCCC 13.10.635 and 13.10.643; or

(d) The use consists of a permanent discretionary community or public facility use as allowed in the Agricultural Uses Chart that the County has determined to be of significant benefit to the public health, safety, and welfare, subject to the following additional findings:

(i) Loss of commercial agricultural land is mitigated, which may include a permanent agricultural conservation easement on land of at least equal quality and size, as partial compensation for the direct loss of agricultural land, mitigations consistent with SCCC 13.10.643(D), or other feasible mitigations;²

(ii) For public facility uses with a development area greater than 12,000 square feet, an analysis is provided of two alternate sites located off agricultural resource land, identifying why development on these sites is not feasible;

(iii) The public facility use does not significantly degrade air and water quality;

(iv) If located in the Coastal Zone, the public facility use is consistent with the California Coastal Act; and

(v) If located on Type 3 agricultural land in the Coastal Zone, the public facility use does not impair agricultural viability through increased assessment costs to other agricultural parcels in the area.1

(B) Discretionary Residential Uses in the Commercial Agriculture (CA) and Agricultural Preserve (-P) Combining Zone Districts. In the CA or -P zone districts, to establish a residential use requiring a Use Permit or Site Development Permit pursuant to SCCC 13.10.312(D) and 13.11.037, including a single-family dwelling, the following special findings shall be made in addition to those required by Chapter 18.10 SCCC. These findings shall be based upon a review and determination by the decision-maker. These special findings do not apply to the establishment of agricultural employee housing or a caretaker’s unit, which are considered agricultural uses (see SCCC 13.10.631 for applicable standards).

(1) That the use will be sited to minimize conflicts with commercial agricultural activities on site, where applicable, or in the area;

(2) That the use is sited on the property to avoid removing land from production and to preserve agricultural resource soils. If avoidance and preservation are not possible, remove as little land as possible from agricultural production and future production;

(a) Conditions of approval related to the above finding may include one or more of the following: siting the proposed use on the perimeter of good agricultural soils, locating on the least agriculturally viable area of the parcel clustering near existing buildings and/or other site development, utilizing existing site access or locating the development on the site to minimize the total area required for new site access, and minimizing the use of paving materials or other impervious surfacing to that necessary to accommodate the proposed use;

(3) That the owners of the parcel have executed binding hold harmless covenants with the owners and agricultural operators of adjacent agricultural parcels. Such covenants shall run with the land and shall be recorded prior to issuance of the use permit; and

(4) For the establishment of a single-family dwelling or ADU on a CA parcel in the Coastal Zone, the following additional finding applies: that the parcel is less than one acre in size; or that the parcel has physical constraints (such as adverse topographic, geologic, hydrologic, or vegetative conditions) other than size that preclude commercial agricultural use; or that the residential use will be ancillary to commercial agricultural use of the parcel based on the fact that either:

(a) The farmable portion of the parcel, exclusive of the building site, is large enough in itself to constitute a minimum economic farm unit for three crops, other than greenhouses, suited to the soils, topography and climate of the area; or

(b) The owners of the subject parcel have a long-term binding arrangement for commercial agricultural use of the remainder of the parcel, such as an agricultural easement.

(1) For parcels within the CA Commercial Agricultural Zone District, the following special findings must be made in addition to the findings required by Chapter 18.10 SCCC in order to approve recreational playfields:

(a) That the use will not impair the long-term use of the parcel for commercial agricultural purposes;

(b) That the use does not involve permanent structures or paving and does not require the extension of urban infrastructure such as water or sewer lines or conflict with LAFCO or Coastal Commission policies. Surfacing of a pedestrian access to meet the requirements of the Americans with Disabilities Act shall not be prohibited by this provision;

(c) That the use will not conflict with commercial agricultural activities on site, where applicable, or in the area; and

(d) That the use will be sited to remove as little land as possible from production. [Ord. 5443 § 1, 2024; Ord. 5423 § 8, 2022; Ord. 5265 § 2, 2018; Ord. 5264 § 3, 2018; Ord. 4836 § 45, 2006; Ord. 4821 § 1, 2006; Ord. 4439 §§ 1, 2, 1996; Ord. 4094 § 3, 1990; Ord. 3646 § 2, 1985; Ord. 3432 § 1, 1983].

13.10.315 CA land division criteria.

(A) All Parcels in the CA Zone District.

(1) All land divisions of fewer than 20 lots in the CA Zone District shall require a public hearing before the Planning Commission, and land divisions of 20 or more lots require a public hearing before the Board of Supervisors, pursuant to SCCC 18.10.110 and Chapter 14.01 SCCC, Subdivision Regulations.

(2) All proposed land divisions within the CA Zone District shall be reviewed by the Agricultural Policy Advisory Commission for a recommendation for approval or denial of the proposed division, and for a determination of the ability to make the special findings required by this section, the potential for conflicts from the proposed division, and where appropriate, the minimum parcel size necessary to allow for economic farming of the parcels.

(3) No land divisions shall be permitted in the CA Zone District for the purpose of using the new parcel(s) for nonagricultural uses. Dividing off land which is not usable for agriculture from viable commercial agricultural land is permitted only where the division is for a public purpose, and will not adversely impact commercial agriculture in the area.

(4) Divisions of land not zoned CA from land zoned CA are governed by SCCC 16.50.085.

(B) Type 1 Parcels. The following findings shall be made prior to the approval of any land division in the CA Zone District for land designated as Type 1 land pursuant to Chapter 16.50 SCCC:

(1) That the resulting parcels are not less than 10 arable acres in size, except for the following:

(a) The creation of a new parcel no less than one acre in size for an affordable rental farmworker housing (ARFH) project pursuant to SCCC 13.10.681 may be allowed on Type 1 or 2 agricultural land when necessary to obtain financing for construction of the project. Such a parcel is not required to be of sufficient size to allow for economic farming, and shall not include a condominium map;

(2) That the division is for exclusively agricultural purposes, which includes the creation of a new parcel for an ARFH project;

(3) That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, or on adjoining or nearby parcels;

(4) That the division is necessary for continued commercial agricultural use of the subject parcels. In the event a recorded agricultural preserve (Williamson Act contract), or conservation easement exists on a parcel proposed to be divided under this section, said contract or easement shall constitute evidence of a long-term commitment to continued agricultural use and shall satisfy the requirement for this finding;

(5) That all parcels shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, except for parcels created solely for the purpose of an ARFH project pursuant to SCCC 13.10.681, which are not subject to this requirement. Technical reports may be required to confirm the crop types that are suited to a particular soil. With respect to parcels restricted by a Williamson Act contract the finding shall be made either that (a) all parcels created shall be of sufficient size to allow for economic farming of the parcels for crop types suited to the particular soils in question, or that (b) the owners of all parcels created have recorded an agreement with the County that guarantees the original owner the right to continue to use the newly created parcel for exclusive commercial agricultural uses. Land subject to a Williamson Act contract that is approved for division shall continue to be restricted in the aggregate to the permitted and discretionary uses which would have been available to the original parcel under the Williamson Act contract had the original parcel remained undivided; and

(6) That no conflicts with adjacent agricultural operations shall result from the division.

(C) Type 2 Parcels. The following findings shall be made prior to the approval of any land division in the CA Zone District for land designated as Type 2 land pursuant to Chapter 16.50 SCCC:

(1) That the resulting parcels are not less than 20 arable acres in size, except for the following:

(a) The creation of a new parcel no less than one acre in size for an ARFH project pursuant to SCCC 13.10.681 may be allowed on Type 1 or 2 agricultural land when necessary to obtain financing for construction of the project. Such a parcel is not required to be of sufficient size to allow for economic farming, and shall not include a condominium map;

(2) That the division is for exclusively agricultural purposes, including the creation of a new parcel for an ARFH project;

(3) That the division will result in agriculturally viable parcels; and

(4) That no conflicts with adjacent or nearby commercial agricultural uses will result from the division.

(D) Type 3 Parcels. The following findings shall be made prior to the approval of any parcel division in the CA Zone Districts for land designated as Type 3 land pursuant to Chapter 16.50 SCCC:

(1) That the resulting parcel sizes are not less than 20 arable acres;

(2) That the division is necessary for continued commercial agricultural use of the subject parcels;

(3) That the proposed parcel sizes will not be detrimental to the economic viability of commercial agricultural operations on said parcels, adjoining, or nearby parcels;

(4) That the division is exclusively for agricultural purposes;

(5) That all parcels are of sufficient size to constitute a minimum economic farm unit for three crop types, other than greenhouse agriculture, suited to the soils, topography, and climate of the area;

(6) That no conflicts with adjacent agricultural operations shall result from the division;

(7) That such division will not create the potential for residential use other than that determined to be ancillary to commercial agriculture pursuant to SCCC 13.10.314(A) and (B); and

(8) That such division will not hamper or discourage long-term commercial agricultural operations. [Ord. 5423 § 8, 2022; Ord. 5321 § 4, 2019; Ord. 4836 §§ 46, 47, 2006; Ord. 4346 § 9, 1994; Ord. 3845 § 2, 1987; Ord. 3432 § 1, 1983].

13.10.316 Land division criteria in the Agriculture (A) Zone District.

The minimum average parcel size in net developable acres for new parcels created in the A Zone District outside the urban services line (USL) shall be within the range of two and one-half to 20 or 10 to 40 acres per dwelling unit and shall be consistent with the requirements of the General Plan/Local Coastal Program Land Use Plan, Chapter 16.50 SCCC, pertaining to protection of noncommercial agricultural land, and Chapter 13.14 SCCC pertaining to rural residential density determinations. [Ord. 5423 § 9, 2022].

13.10.317 Minimum parcel sizes for lot line adjustments.

The required minimum parcel sizes for lot line adjustments in the CA and A Zoning Districts shall be as follows, based on net site area except as noted:

(A) A District. For parcels with a General Plan designation of Agriculture (AG), parcels shall not be reduced in size below the minimum size in net developable acres provided by Chapter 13.14 SCCC, Rural Residential Density Determinations. For parcels with a General Plan designation of R-M, the minimum parcel size shall be 10 acres. For parcels with a General Plan designation of R-R, the minimum parcel size shall be two and one-half acres.

(B) CA District.

(1) No parcel designated as Type 1—3 agricultural resource land shall be reduced in size by a lot line adjustment, unless it can be demonstrated that the proposed adjustment will not adversely affect the agricultural viability of agricultural land which is located on the subject parcels or on adjacent parcels. The Planning Director may refer the determination of agricultural viability to the Agricultural Policy Advisory Commission.

(2) Except as provided in subsections (C) and (D) of this section, in no case shall parcels with both a General Plan designation as Agriculture, and designated, all or in part, as Type 1 Agricultural Resource, be reduced to a net site area of less than 10 arable acres; parcels designated, all or in part, as Type 2 or Type 3 Agricultural Resource, shall not be reduced to a net site area of less than 20 arable acres.

(C) In the A or CA zoning districts, a parcel no less than one acre in size for an affordable rental farmworker housing (ARFH) project pursuant to SCCC 13.10.631 may be allowed when necessary to obtain financing for construction of the project. Such a parcel shall not include a condominium map.

(D) Exceptions. Minimum parcel sizes for lot line adjustments in the A and CA zoning districts shall not apply, where:

(1) The sole purpose and effect of the lot line adjustment is to remedy a driveway encroachment, or a structural encroachment otherwise lawfully developed where the resulting property line meets the required minimum setback or any approved variance therefrom, in which case APAC review is not required; or

(2) The lot line adjustment results in an equal exchange of land and each resulting parcel and arable land area are the same size after the lot line adjustment as before; APAC review is still required if the area of arable land is reduced on a parcel, in which case APAC review is not required. [Ord. 5423 § 9, 2022].

13.10.318 Agricultural Policy Advisory Commission review.

Agricultural Policy Advisory Commission (APAC) review, and approval where indicated, shall be required for all of the following development projects having the potential to affect agricultural lands, as designated on the County’s Agricultural Resources Map:

(A) Approval of agricultural buffer setback reduction permits pursuant to SCCC 16.50.095;

(B) Lot line adjustments to reduce the size or arable area of a CA zoned parcel, as provided by SCCC 13.10.317;

(C) Applications for residential uses requiring a use or site development permit on parcels zoned CA in the Coastal Zone pursuant to SCCC 13.10.314(B);

(D) Land divisions on lands designated as Agricultural Resources in the County General Plan;

(E) Amendments to agricultural resource designations;

(F) Actions to establish, amend, or cancel Williamson Act contracts;

(G) Determinations of agricultural viability associated with the conversion of Commercial Agricultural lands (Agricultural Resource Lands) to noncommercial lands, such as a proposal to rezone lands out of the Commercial Agricultural Zone District, or findings of nonviability;

(H) Any use on Commercial Agricultural Land which requires review by the Planning Commission or Board of Supervisors per SCCC 13.10.312(D);

(I) Any other project for which APAC review is required pursuant to the Santa Cruz County Code, General Plan, or other applicable regulations; and

(J) Matters referred to the APAC by the Board of Supervisors. [Ord. 5423 § 9, 2022].

13.10.319 Other standards and conditions for agricultural districts.

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

Table 13.10.319-1: Other Development Standards Applicable in Agricultural Zone Districts
Development Standards	SCCC
Nonconforming uses and structures	13.10.260 et seq.
General site standards	13.10.500—13.10.600
Accessory structures, home occupations, weddings and community events, and temporary uses	13.10.611—13.10.616
Use of nondevelopable land	13.10.671
Accessory dwelling units	13.10.681
Design review and site development	Chapter 13.11
Parking and circulation	Chapter 13.16
Coastal Zone regulations	Chapter 13.20
Roadway and roadside improvements	Chapter 15.10
Environmental and resource protection restrictions	Title 16
Agricultural buffers/setbacks	16.50.095

[Ord. 5423 § 9, 2022].

Article II. Residential Districts

13.10.321 Purposes of residential districts.

(A) General Purposes. In addition to the general objectives of this chapter the residential districts are included in the Zoning Ordinance in order to achieve the following purposes:

(1) To provide areas of residential use in locations and at densities consistent with the County General Plan;

(2) To preserve areas for primarily residential uses in locations protected from incompatible effects of nonresidential land uses;

(3) To establish a variety of residential land use categories and dwelling unit densities which provide a choice of diversified housing opportunities to meet the housing needs of the community consistent with public health and safety;

(4) To achieve patterns of residential settlement that are compatible with the physical limitations of the land and the natural resources of the County and that do not impair the natural environment;

(5) To ensure adequate light, air, privacy, and open space for each dwelling unit;

(6) To maximize efficient energy use and energy conservation in residential districts, and to encourage the use of locally available renewable energy resources;

(7) To provide adequate space for off-street parking of automobiles;

(8) To provide areas of residential use consistent with the capacity of public services, the urban services line and rural services line and the reserve capacity policy of the Local Coastal Program Land Use Plan for tourist services. To minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; and

(9) To protect residential properties from nuisances, such as noise, vibration, illumination, glare, heat, unsightliness, odors, dust, dirt, smoke, traffic congestion, and hazards such as fire, explosion, or noxious fumes.

(B) Specific RA Residential Agricultural District Purposes. To provide areas of residential use where development is limited to a range of nonurban densities of single-family dwellings in areas outside the urban services line and rural services line; on lands suitable for development with adequate water, septic system suitability, vehicular access, and fire protection; with adequate protection of natural resources; with adequate protection from natural hazards; and where small-scale commercial agriculture, such as animal-keeping, truck farming, and specialty crops, can take place in conjunction with the primary use of the property as residential.

(C) Specific RR Rural Residential District Purposes. To provide areas of residential use where development is limited to a range of nonurban densities of single-family dwellings in areas having services similar to RA areas, but which are residential in character rather than agricultural due to the pattern of development and use in the area and/or the presence of constraints which would preclude the use of the property for agriculture.

(D) Specific R-1 Single-Family Residential District Purposes. To provide for areas of predominantly single-family residential development in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services, or are planned for a full range of urban services.

(E) Specific RB Single-Family Ocean Beach Residential District Purposes. To accommodate single-family dwellings on existing lots of record in the vicinity of the cliffs and the ocean beach; where lots abut on and obtain access from a street which is generally parallel to both the beach and the cliff, and which has an elevation of not more than 20 feet above sea level; and where either the seaward right-of-way line of the street or the seaward boundary line of the lots on the ocean side of the street abut open beachlands which are unobstructed to the mean high tide line.

(F) Specific RM Multifamily Residential District Purposes. To provide for areas of residential uses with a variety of types of dwellings in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services.

(G) Specific RF Residential Flexible District Purposes. To accommodate a greater intensity of residences along and near public transportation corridors within the County’s urban services line, creating opportunities for infill housing available to residents at various income levels and household sizes, including workers, students, singles, and seniors, specifically by encouraging compact attached housing units. Parcels within the RF Zone District shall be located in areas with a full range of urban services and in close proximity to commercial services, schools/colleges, major employment centers, and/or multimodal corridors as mapped in the Santa Cruz County General Plan/Local Land Use Plan.

Ground-floor commercial uses may be appropriate in the RF district if compatible with adjacent land uses. [Ord. 5423 § 11, 2022; Ord. 4496-C § 5, 1998; Ord. 4416 §§ 4, 5, 1996; Ord. 4406 §§ 4, 5, 1996; Ord. 4346 §§ 10, 11, 1994; Ord. 3501 § 1, 1984; Ord. 3432 § 1, 1983].

13.10.322 Uses in residential districts.

(A) Allowed Uses. The uses allowed in residential districts shall be as provided in the Residential Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses.

(B) Use Permits. A discretionary approval for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Residential Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(C) Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC 13.11.035, a Coastal Development Permit pursuant to SCCC 13.20.050, or other discretionary review.

(D) Residential Uses Chart. Allowed uses and permit requirements for residential zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.
A	Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.
NA	Use not allowed in this zone district.

Table 13.10.322-1: Residential Uses Chart
USE	PERMIT REQUIRED BY ZONE						REFERENCES AND NOTES
USE	RA/ SU	RR	R-1	RB	RM	RF	REFERENCES AND NOTES
Housing—Residential Units
Dwelling unit, single-family detached	P	P	P	P	NA*	NA*	*Exception per 13.10.324(F) (AB803). CUP for units >5,000 sf per 13.10.324(C). 13.10.700-D
Dwelling unit, single-family attached	P	P	P	P	P	P
Dwelling units, single-family dwelling groups	ZC	ZC	ZC	ZC	NA	NA
Dwelling units, multifamily	NA*	NA*	NA*	NA*	P	P	*Exception for duplexes where allowed per CA Gov. Code 65852.1 (SB9) 13.10.700-D
Senior rental housing	NA	NA	NA	NA	CUP	CUP	13.10.700-S
Foster home: 7 or fewer children	P	P	P	P	P	P	13.10.700-F
Foster home: 8 or more children	CUP	CUP	CUP	CUP	CUP	CUP	13.10.700-F
Mobile home park	NA	NA	NA	NA	CUP	NA	13.10.684
Permanent room housing	CUP-PC	CUP-PC	CUP-PC	NA	CUP-PC	NA	13.10.425—13.10.428
Accessory dwelling unit (ADU)	PA	PA	PA	PA	PA	PA	13.10.681
Junior ADU	PA	PA	PA	PA	PA	NA	JADU must be associated with a single-family dwelling unit. 13.10.681
Residential accessory structure, habitable and non-habitable	P*	P*	P*	P*	P*	P*	*See 13.10.611 for when a discretionary permit is required.
Housing - Institutional and Care Facilities
Residential care home (six or fewer residents)	P	P	P	P	P	P	Residential care homes are considered a residential use if less than 7 residents. Larger facilities are commercial. 13.10.700-R
Residential care home, (seven or more residents)	CUP	CUP	CUP	CUP	CUP	CUP
Skilled nursing facility, residential care facility for the elderly, continuing care retirement community with fewer than 100 occupants, group quarters	CUP	CUP	CUP	NA	CUP	CUP	These are all considered non-residential uses. 13.10.700-C, 13.10.700-G, 13.10.700-R, 13.10.700-S
Continuing care retirement community with over 100 occupants	CUP-PC	CUP-PC	CUP-PC	NA	CUP-PC	CUP-PC
Residential Units—Commercial Uses (Ancillary to Residential Use)
Tract offices	CUP	CUP	CUP	CUP	CUP	CUP
Family day care home	PA	PA	PA	PA	PA	PA	Serving up to 14 children (see 13.10.700-D). Subject to 13.10.613.
Home occupations	PA/ CUPA	PA/ CUPA	PA/ CUPA	PA/ CUPA	PA/ CUPA	PA/ CUPA	See 13.10.613 to determine when a CUP is required.
Hosted rentals	ZCA	ZCA	ZCA	ZCA	ZCA	ZCA	Hosted rental permit required per 13.10.690.
Vacation rentals	AUPA/ CUPA	AUPA/ CUPA	AUPA/ CUPA	AUPA/ CUPA	AUPA/ CUPA	AUPA/ CUPA	MUP for new rentals with ≤ 3 bedrooms. AUP for renewals. CUP for new rentals with > 3 bedrooms. Vacation rental permit required per 13.10.694.
Visitor Accommodations
Bed and breakfast inns, 12 or fewer rooms	CUP	CUP	CUP	NA	CUP	NA	13.10.689, 13.10.691
Commercial visitor accommodations, small scale, coastal special community							13.20 13.10.689 13.10.692
New construction	NA	NA	CUP	NA	CUP	NA
Conversion of existing structure	CUP	CUP	CUP	NA	CUP	NA
Organized camps	CUP-PC	CUP-PC	CUP-PC	NA	CUP-PC	NA	13.10.689
Commercial Uses
Active commercial uses (businesses open to the general public)							Active commercial uses allowed on the ground floor only. Uses may include the following commercial use categories per 13.10.332(D): eating and drinking; entertainment; fitness and recreation; and neighborhood/community sales and services.
≤ 10,000 sf	NA	NA	NA	NA	CUP	CUP
> 10,000 sf	NA	NA	NA	NA	NA	CUP-PC
Recreation, Events and Community Facilities
Clubs, lodges, private meeting halls, and recreational facilities such as golf courses, tennis clubs							In the RF district, must be ancillary to residential use.
≤ 10,000 sf	CUP	CUP	CUP	NA	CUP	CUPA
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	NA	CUP-PC	CUP-PCA
Commercial weddings and similar celebrations	CUP	CUP	NA	NA	NA	NA	Subject to 13.10.615.
Community centers
≤ 10,000 sf	CUP	CUP	CUP	NA	CUP	CUP
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	NA	CUP-PC	CUP-PC
Open space uses, noncommercial, not involving structures, such as ecological preserves, playgrounds, and unpaved sports fields	P	P	P	P	P	P
Parks: local, public, and associated facilities	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC
Public structures and facilities
≤ 10,000 sf	CUP	CUP	CUP	CUP	CUP	CUP
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC
Religious facilities
≤ 10,000 sf	CUP	CUP	CUP	NA	CUP	CUP
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	NA	CUP-PC	CUP-PC
Recycling collection facilities, small	MUPA	MUPA	MUPA	MUPA	MUPA	MUPA	Must be associated with a community or public facility, subject to 13.10.658. No use permit required for reverse vending machines.
Day care centers							13.10.700-D
≤ 10,000 sf	CUP	CUP	CUP	NA	CUP	NA
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	NA
Schools	CUP	CUP	CUP	NA	CUP	NA
Animal Keeping
Dogs and cats	P	P	P	P	P	P	Maximum 4 cats or dogs.
Kennels (5 or more dogs or cats over 4 months old)	CUP	NA	NA	NA	NA	NA	13.10.646
Small animal keeping	P*	P*	P*	NA	NA	NA	*CUP required to exceed density limits specified in 13.10.645. 13.10.700-A
Large animal keeping	P*	CUP	NA	NA	NA	NA
Public stables and riding	CUP	NA	NA	NA	NA	NA	13.10.645
Bee keeping	P/ CUP	P/ CUP	NA	NA	NA	NA	P in RA and RR for 2 hives. 13.10.645
Fish hatcheries	CUP	CUP	CUP	NA	NA	NA
Agriculture
Gardening, family; community garden	P	P	P	P	P	P	13.10.700-G
Agriculture, small scale commercial	PA	CUPA	CUPA	NA	NA	NA	On-site retail such as Christmas tree farms allowed on RA with MUP. 13.10.327
Greenhouse							Subject to development standards in 13.10.323(C).
≤ 1,000 sf	P	P	P	P	P	P
> 1,000 sf	MUP	MUP	NA	NA	NA	NA
Nurseries, commercial	CUP	NA	NA	NA	NA	NA
Wineries (<1,000 gallons annual production: home occupation)	P	P	P	P	P	P	13.10.613
Wineries, small	CUP	CUP	NA	NA	NA	NA	13.10.637
Wineries, medium	CUP-PC	CUP-PC	NA	NA	NA	NA	13.10.637
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC 13.10.650 (Non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC.
Indoor cultivation (including greenhouses): outside coastal zone and 1-mile buffer							Commercial cannabis cultivation not permitted within the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. *: CUP for new structures over 2,000 sf.
≤ 2,000 sf	AUPX	NA	NA	NA	NA	NA
> 2,000 sf	AUP*	NA	NA	NA	NA	NA
Greenhouse replacement, reconstruction, or structural alteration	AUPX	NA	NA	NA	NA	NA	X: CUP for non-Class CG licensed cultivation activities.
Outdoor cultivation (including hoop houses): outside coastal zone and 1- mile buffer	AUPX*	NA	NA	NA	NA	NA	Commercial cannabis cultivation not permitted within the coastal zone and 1-mile buffer. X: CUP for non-Class CG licensed cultivation activities. *: CUP for cultivation area > 500 sf.
Water tank	MUPA	NA	NA	NA	NA	NA	A: Accessory to cannabis cultivation.
Manufacturing, Class 1 or 2 (outside coastal zone and 1-mile buffer)	CUPA*	NA	NA	NA	NA	NA	Class 1 or 2 manufacturing not permitted within the coastal zone and 1-mile buffer. Class 3 manufacturing not permitted anywhere in residential districts. A: Cannabis manufacturing uses must be ancillary to on-site commercial cannabis cultivation. *: MUP if 0 employees (not including owner), and structure < 2000 sf, and cannabis is not imported from off site.
Distribution, Class 1 (outside coastal zone and 1-mile buffer)							Class 1 distribution not permitted within the coastal zone and 1-mile buffer. Class 2 distribution not permitted anywhere in residential districts. A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation.
< 2,000 sf	MUPA	NA	NA	NA	NA	NA
≥ 2,000 sf	CUPA	NA	NA	NA	NA	NA
Distribution, transport only	P	P	P	P	P	P
Infrastructure and Utilities
Air strips	CUP-PC	CUP-PC	NA	NA	NA	NA	13.10.700-A
Energy cogeneration	MUP	MUP	MUP	MUP	MUP	MUP	13.10.700-C
Utility facility	CUP	CUP	CUP	CUP	CUP	CUP	Includes private and public utilities, and microgrids (see SCCC 13.10.700-M).
Wireless communication facilities	ZC P/CUP	ZC P/CUP	ZC P/CUP	ZC P/CUP	ZC P/CUP	ZC P/CUP	Subject to SCCC 13.10.660 through 13.10.664, inclusive

1. Table indicates use permits only. Other discretionary permits may be required.

(E) Use Conditions.

(1) Signage. Signage is allowed, subject to SCCC 13.10.580, with an MSP for non-residential signage per SCCC 13.11.037.

(2) Temporary/seasonal use is allowed pursuant to a temporary use permit (TUP), subject to SCCC 13.10.616.

(3) Additional conditions for specific uses are found in other code sections as referenced in the Residential Uses Chart. [Ord. 5439 § 2, 2023; Ord. 5423 § 11, 2022; Ord. 5402 § 2, 2022; Ord. 5365 § 2, 2021; Ord. 5345 § 2, 2020; Ord. 5336 § 3, 2020; Ord. 5334 § 3, 2020; Ord. 5326 § 4, 2020; Ord. 5325 § 4, 2020; Ord. 5305 § 2, 2019; Ord. 5272 § 3, 2018; Ord. 5266 § 2, 2018; Ord. 5265 § 3, 2018; Ord. 5264 § 4, 2018; Ord. 5239 § 3, 2017; Ord. 5229 § 2, 2016; Ord. 5152 § 3, 2013; Ord. 5092 § 2, 2011; Ord. 5061 §§ 9—12, 2009; Ord. 5018 §§ 1, 7, 2008; Ord. 4921 § 5, 2008; Ord. 4836 §§ 48—66, 2006; Ord. 4808 §§ 7, 8, 2005; Ord. 4770 § 2, 2004; Ord. 4751 § 5, 2003; Ord. 4744 § 2, 2003; Ord. 4737 § 1, 2003; Ord. 4727 § 4, 2003; Ord. 4715 § 2, 2003; Ord. 4646 § 2, 2001; Ord. 4641 § 2, 2001; Ord. 4577 §§ 2, 3, 1999; Ord. 4496-C § 6, 1998; Ord. 4495 §§ 3—5, 1998; Ord. 4460 § 2, 1997; Ord. 4457-A §§ 1, 2, 1997; Ord. 4346 § 12, 1994; Ord. 4099 § 3, 1990; Ord. 4097 § 4, 1990; Ord. 4036 § 4, 1989; Ord. 3925 § 1, 1988; Ord. 3895 § 1, 1988; Ord. 3843 § 3, 1987; Ord. 3756 § 1, 1986; Ord. 3632 § 6, 1985; Ord. 3593 § 4, 1984; Ord. 3461 § 2, 1983; Ord. 3432 § 1, 1983].

13.10.323 Development standards in residential districts.

(A) Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a “site development permit.” SCCC 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(1) Design review is required for some site development permits pursuant to SCCC 13.11.040 through 13.11.080.

(2) Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC 13.10.260 et seq.

(B) Site Area for the Creation of New Sites.

(1) Calculation of Land Area. Inside the urban services line or rural services line, land area is based on gross site area, minus any coastal bluffs, beaches, and land seaward of the mean high tide line of Monterey Bay. Outside the urban and rural services lines, land area is based on net developable site area. See SCCC 13.10.700 for definitions of “site area, gross” and “site area, net developable.”

(2) Maximum Land Area per Dwelling Unit (Minimum Density). Maximum land area allowed for each dwelling unit on a new site shall be determined by the density range provided by the General Plan designation for the parcel.

(3) Minimum Land Area per Dwelling Unit (Maximum Density).

(a) RA and RR Residential Districts. Minimum land area required for each dwelling unit on each site shall be established by the rural residential density determination matrix (Chapter 13.14 SCCC) outside the urban services line and rural services line or shall be one acre inside the rural services line.

(b) R-1 and RM Residential Districts. Zone district names shall be combined with a number which shall indicate the minimum land area required for each dwelling unit on each site in the district. For example: “R-1-6” means a minimum land area of 6,000 square feet per dwelling unit. The R-1 Single-Family Residential District located outside the urban services line recognizes as conforming those parcels that are generally less than one acre in size, are legal lots of record, and were developed with or intended for development of a single-family residence. Newly created parcels outside the urban services line shall not be zoned R-1.

(d) RF Residential Flex District. Maximum density is 45 dwelling units per acre (968 square feet per dwelling unit).

(4) Parcel size shall be consistent with the General Plan, Local Coastal Program Land Use Plan, the Geological Hazards Ordinance (Chapter 16.10 SCCC), and the minimum parcel size standards in SCCC 13.10.510(G).

(5) In the zone districts listed in subsections (B)(3)(a) through (d) of this section, one single-family dwelling is permitted on existing parcels regardless of the site area standards if other infrastructure requirements can be met, such as water and sewer, and if all other applicable LCP requirements are met.

(C) Site and Structural Dimensions Chart. The following single-family and multifamily charts show development standards for residential zone districts. These standards shall apply within all residential R zone districts, except as noted elsewhere in this section, and in the general exceptions as noted in SCCC 13.10.510 et seq.

Table 13.10.323-1: Single-Family Residential Site and Structural Dimensions Chart
Development Standards	Standards by Zone1,2
Development Standards	RB	R-1-2.5 to R-1-4	R-1-5	R-1-6 to R-1-9	R-1-10 to R-1-15	R-1-16 to R-1<1 acre	RR, RA, R-1>1 acre
Parcel Dimensions (new parcels)
Minimum site width (feet)	40	35	35	60	60	90	1-5 acres: 100 > 5 acres: 150
Minimum parcel frontage (feet)	40	35	35	60	60	60	1-5 acres: 60 > 5 acres: 100
Building Massing1
Maximum building height	25 (17 for beach lots)	28	28	28	28	28	28
Maximum number of stories	2 (1 for beach lots)	2	2	2	2	2	3
Maximum floor area ratio (FAR)3	0.5	R-1-2.5: 0.7 R-1-3: 0.6 R-1-4: 0.6	0.5	0.5	0.5	NA	NA
Maximum parcel coverage (“lot coverage”)	40%	45%	40%	40%	40%	20%	10%
Building Setback Distance From Property line1,4,5
Front yard setback (feet)	10	15	15	20	20	20	20
Side yard setbacks—interior (feet)	0 & 5	5 & 5	5 & 8	5 & 8	10 & 10	15 & 15	20 & 20
Side yard setback—street-facing (feet)	10	8	10	10	10	15	20
Rear yard setback (feet)	10 (0 for beach lots)	15	15	15	15	15	20
Front, side, or rear yard setback—garage/carport entrance (feet)	20	18	20	20	20	20	20

1. Building massing and setback standards are provided for primary dwellings. See SCCC 13.10.611 for development standards for accessory structures, including detached garages. See SCCC 13.10.681 for development standards for accessory dwelling units (ADUs).

2. Exceptions to site development standards apply per subsection (E) through (G) of this section.

3. To calculate FAR, see SCCC 13.10.510 and 13.10.700 for “floor area ratio” and related definitions.

4. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC 15.10.050 and County Design Criteria.

5. See SCCC 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements.

Table 13.10.323-2: Multifamily Residential Site and Structural Dimensions Chart
Development Standards	Standards by Zone 1,2
Development Standards	RF	RM-1.5 to RM-2.5	RM-3 to RM-4	RM-4.5	RM-5 to RM-6	RM-6.5 to RM-9
Parcel Dimensions (new parcels)
Minimum site width (feet)	50	35	35	35	50	60
Minimum parcel frontage (feet)	50	35	35	35	50	60
Building Massing1
Maximum building height	40	28 (outside USL) 35 (within USL)	28 (outside USL) 35 (within USL)	28	28	28
Maximum number of stories	3	3	3	2	2	2
Maximum floor area ratio (FAR)3	1.1 (< 30 du/acre) 1.5 (≥30 du/acre)	0.7	0.6	0.5	0.5	0.5
Maximum parcel coverage (“lot coverage”)	NA	45%	45%	45%	45%	45%
Building Setback Distance from Property Line1,4,5
Front yard setback (feet)	10	15	15	15	20	20
Side yard setbacks—interior (feet)	5 & 5	5 & 5	5 & 5	5 & 5	5 & 8	5 & 8
Side yard setback—street (feet)	8	8	8	8	8	8
Rear yard setback (feet)	15	15	15	15	15	15
Front, side, or rear yard setback—Garage/carport entrance (feet)	18	18	18	20	20	20
Third story setback (feet)	Minimum of 50% of exterior walls of the third story set back at least 10 feet from property setback lines			NA	NA	NA

2. Exceptions to site development standards apply per subsections (E) through (G) of this section.

3. To calculate FAR, see SCCC 13.10.510 and 13.10.700 for definition of “Floor Area Ratio” and related definitions. See SCCC 13.10.323(F)(8) for FAR exemption.

(D) Usable Open Space. In RM and RF Districts, common and private usable open space shall be provided according to the following table:

Table 13.10.323-3: Usable Open Space Requirements
Type of Open Space	RM Districts	RF District
Common open space	Minimum of 200 sf per unit. Minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre.	Minimum 15% of gross site area (common and/or private space). If group open space provided, apply a minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre.
Private open space (must be directly accessible from the dwelling unit served)	Minimum of 60 sf per unit, with a minimum dimension of 6'.	Minimum of 60 sf per unit for 50% or more of units included in project, with a minimum dimension of 6'.

All required usable open space:

(1) Shall be planted with lawn or ground cover, or surfaced with dust-free material;

(2) Shall be screened from streets and adjacent sites;

(3) If above ground, shall be open on at least one side;

(4) Shall not be located in a parking area, driveway, or service area;

(5) Shall not have a slope of more than 10 percent; and

(6) Shall not be obstructed except by improvements that enhance its usability, such as swimming pools, fountains, sunshades, and plantings.

(E) Site and Structural Dimensions Exceptions Relating to Parcels.

(1) Parcels Created From New Land Divisions. Within any new land division project, all development standards on all lots or parcels which abut the periphery of the project site are subject to all the restrictions stated in this section unless a variance is obtained. On individual lots or parcels within any land division project not abutting the periphery of the project site, site and structural dimensions may vary from the general requirements for the zone district; provided, that the approved standards and dimensions for each new lot or parcel are specifically indicated on the approved tentative map.

(2) Nonconforming Parcels. On a lot which contains less than 80 percent of the minimum site area required in the applicable zone district, or has less than 80 percent of the minimum width, or frontage, the building setbacks required shall be equal to those in the zone district having a minimum site area or dimensions which most closely correspond to those of the substandard lot.

(3) Parcels Reduced Due to Right-of-Way Dedications.

(a) A site area variance approval shall not be required for a new single-family dwelling or additions to an existing single-family dwelling on an existing lot of record which is reduced in size to less than the minimum site area required in the applicable zone district due to requirements for a public dedication of right-of-way.

(b) For a new or existing single-family dwelling on an existing lot of record which becomes nonconforming due to a public dedication of right-of-way, variances to building setback and structural dimension requirements shall not be required; provided, that the front yard setback is not less than 15 feet and the street side yard setback is not less than six feet.

(4) Parcels With Agricultural, Geological or Environmental Resources and/or Constraints. For setbacks from fault zones, floodplains/floodways, and coastal bluffs and beaches, see SCCC 16.10.070. For setbacks from riparian corridors see SCCC 16.30.040. For setbacks from sensitive habitats, see SCCC 16.32.090. For setback/buffer requirements for parcels abutting commercial agricultural, CA zoned parcels, see SCCC 16.50.095.

(5) Parcels With Steep Slopes.

(a) In all residential zone districts, if the elevation of the lot at a point 50 feet from the center line of the traveled roadway is seven feet or more above or below the elevation of said center line, an attached or detached carport which (in the interest of public safety) is unenclosed on all sides may be built to within five feet of the front property line or edge of right-of-way of the lot. Open safety railings no more than 42 inches in height may be constructed to the property line without a development permit, except that in the Coastal Zone a coastal development permit will be required for all such development unless it is exempt from coastal development permit requirements pursuant to SCCC 13.20.060 or 13.20.070.

(b) In the RB District, where the site abuts an existing street, road, or easement for road purposes recorded in the County Recorder’s Office before March 25, 1969, and where the front 30 feet of the site exceeds a slope of 25 percent, no front yard is required.

(6) Parcels With Double Frontage. When both the front and rear property lines of a parcel abut on a right-of-way to which it has legal access, the required front yards shall be measured from both rights-of-way. Only one of the front yards shall be required to meet the off-street parking criteria described in Chapter 13.16 SCCC.

(7) Parcels With Narrow Width. Non-corner parcels with parcel width less than 60 feet may apply side yard setbacks of five feet, if a greater side yard setback is usually required for the zone district where the parcel is located.

(8) For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC, the maximum parcel coverage shall be 1.25 times that of the applicable zone district, and the floor area ratio (FAR) shall be 0.6:1 in any zone district where the standard FAR is 0.5:1. Development shall be consistent with State Office of Historic Preservation guidance and with Chapter 16.42 SCCC.

(9) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in an SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.

(F) Site and Structural Dimension Exceptions Relating to Structures.

(1) Structural Encroachments. Eaves, chimneys, bay windows (less than 60 inches in height), uncovered, unenclosed porches, decks, stairways, and landings may extend into required front and rear yard by six feet; provided, that balconies or decks must be cantilevered in order to encroach. Eaves, chimneys and uncovered, unenclosed stairways and landings may extend into required side yard three feet. Decks less than 18 inches high may be constructed to property lines. Second story rooftop decks and landings are not permitted. Structural encroachments associated with accessory dwelling units must preserve minimum two-foot interior side and rear setbacks.

(2) Affordable Housing. Variations from maximum structural height, maximum number of stories and maximum floor area as defined by FAR may be approved with a residential development permit by the appropriate approving body for affordable housing unit developments built on site or off site in accordance with SCCC 13.10.681, 13.10.685 and Chapter 17.10 SCCC.

(3) Missing Middle Housing.

(a) Per California Government Code Section 65913.11 (SB 478), certain small housing projects shall have no maximum density and a maximum FAR as follows:

(i) Three to seven housing units: maximum FAR 1.0.

(ii) Eight to 10 housing units: maximum FAR 1.25.

(b) Eligible housing projects for subsection (F)(3)(a) of this section must be located within a Census designated urban area, in the RM or RF Zone District, and not within the “L” combining zone district.

(c) On sites with multiple parcels, attached single-family homes may be constructed with their attached wall along the property line.

(4) Structures Designed for Solar Access.

(a) Criteria for New Construction. In cases where it is not possible to orient a new building southward within the applicable yard requirements for the purpose of incorporating an active or passive solar energy system, a reduction in such yard requirements may be authorized with an MSP issued pursuant to Chapter 18.10 SCCC; provided, that:

(i) The purpose of the reduction is to incorporate an active or passive solar energy system into the new building;

(ii) The building envelope would comply with all zoning provisions if oriented parallel to the lot lines;

(iii) The reduced yard requirement will not restrict emergency access or present a fire hazard; and

(iv) The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks.

(b) Criteria for Structural Additions. In cases where it is not possible to make additions to an existing structure within the applicable yard requirements for the purpose of attaching an active or passive solar energy system, reduction in such yard requirements may be authorized with an MSP issued pursuant to Chapter 18.10 SCCC; provided, that:

(i) The reduced yard requirement will not restrict emergency access, or present a fire hazard;

(ii) The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks; and

(iii) The portion of the addition within the required setback is designed for the primary purpose of collecting solar energy.

(5) Structures Larger Than 5,000 Square Feet. No residential structure shall be constructed which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures, unless a CUP is obtained pursuant to the provisions of SCCC 13.10.324(C).

(6) Structures Exceeding Zoning District Height Limit.

(a) With Increased Yards. An additional height allowance is allowed if all required yards are increased five feet for each foot over the permitted building height, and planning approvals are obtained according to the following table:

Parcel Size (Net Site Area)	Maximum Height Above Existing Grade	Planning Approvals Required
Less than 2-1/2 acres	Over zoning district height limit	AUP
2-1/2 acres or larger	Over zoning district height, up to 7 additional feet	MUP
2-1/2 acres or larger	Over zoning district height, over 7 additional feet	AUP

(b) With Design Review. An additional height allowance of up to five feet may be allowed without increased yards or variance approval, subject to design review and CUP approval.

(7) Front Yard Averaging.

(a) On a site situated between sites improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average depth of the front yards on the improved sites adjoining the side lines of the site but in no case shall be less than 10 feet.

(b) Where a site is not situated between sites improved with buildings and where sites comprising 40 percent of the frontage on a block are improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average of the existing front yard depths on the block but in no case shall be less than 10 feet.

(c) In computing average front yard depths, the figure 30 feet shall be used in lieu of any front yard depth greater than 30 feet.

(d) Proposed garages or carports shall meet the minimum front yard setbacks shown in this section, site and structural dimensions charts, or as allowed by subsection (E)(5) of this section, Parcels With Steep Slopes. The required front yard setback for other accessory structures may be reduced as allowed by SCCC 13.10.611(D).

(8) FAR Parking Exemption. Within the USL, Residential Flex, RM-1.5 to RM-2.5 and RM-3 to RM-4 projects that incorporate at least 75 percent of parking spaces with underground garages, multi-story above-ground garages, or podium parking located on or off site are not subject to a maximum FAR.

(G) Additional Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC 13.10.235), variance (SCCC 13.10.230), or planned unit development (SCCC 18.30.183). [Ord. 5423 § 11, 2022; Ord. 5382 § 2, 2021; Ord 5326 §§ 5—7, 2020; Ord. 5325 §§ 5—7, 2020; Ord. 5265 §§ 4, 5, 2018; Ord. 5264 § 4, 6, 2018; Ord. 5239 §§ 4, 5, 2017; Ord. 5181 § 2, 2014; Ord. 5152 § 4, 2013; Ord. 5126 § 2, 2012; Ord. 5124 § 1, 2012; Ord. 5119 §§ 17, 18, 2012; Ord. 5115 § 1, 2012; Ord. 5095 § 1, 2011; Ord. 5087 §§ 3, 4, 2011; Ord. 5042 §§ 1, 2, 2009; Ord. 5018 §§ 1, 8—15, 2008; Ord. 4921 §§ 7, 8, 2008; Ord. 4850 §§ 1, 2, 2007; Ord. 4836 §§ 67—76, 2006; Ord. 4808 §§ 9—16, 2005; Ord. 4782 § 3, 2005; Ord. 4751 § 6, 2003; Ord. 4737 § 2, 2003; Ord. 4727 § 5, 2003; Ord. 4646 § 3, 2001; Ord. 4641 § 3, 2001; Ord. 4496-C §§ 7, 8, 9, 1998; Ord. 4495 § 6, 1998; Ord. 4460 § 3, 1997; Ord. 4416 § 6, 1996; Ord. 4406 § 6, 1996; Ord. 4371 § 1, 1995; Ord. 4346 § 13, 1994; Ord. 4324A § 1, 1994; Ord. 4314 § 2, 1994; Ord. 4312 § 2, 1994; Ord. 4286 § 2, 1993; Ord. 4281 § 1, 1993; Ord. 4194 §§ 1, 4, 5, 1992; Ord. 4159 § 1, 1991; Ord. 4122 § 3, 1991; Ord. 4119 § 3, 1991; Ord. 4097 § 5, 1990; Ord. 4095 §§ 1—6, 1990; Ord. 3746 §§ 1—3, 1986; Ord. 3632 §§ 7, 8, 1985; Ord. 3593 §§ 5—7, 1984; Ord. 3501 § 2, 1984; Ord. 3432 § 1, 1983].

13.10.324 Special standards and conditions for residential districts.

(A) Design and Operating Criteria for Senior Rental Housing. All provisions of Chapter 13.11 SCCC and SCCC 13.10.323 shall be met. The design and operation of senior rental housing shall comply with State law.

(B) Within the Pleasure Point Commercial Corridor Area (Portola Drive between 26th Ave. and 41st Ave., and 41st Ave. between Portola Drive and the Capitola city limit), any parcels rezoned from a commercial to a residential zone district shall continue to be subject to the special standards applicable to properties in the Commercial Corridor provided in SCCC 13.10.334(D) and follow the guidance provided in Appendix B of the Santa Cruz County Design Guidelines: Design Principles for the Pleasure Point Commercial Corridor.

(1) Approvals. No single-family dwelling unit shall be constructed which will result in 5,000 square feet or more of “net floor area,” exclusive of accessory structures associated with the residential use, unless a CUP is obtained pursuant to the provisions of this section.

(2) Findings. All applications subject to this section shall be approved only if at least one of the following findings can be made:

(a) The proposed structure is compatible with its surroundings given the neighborhood, locational or environmental context and its design is consistent with the large dwelling design guidelines in subsection (C)(4) of this section; or

(b) The proposed structure, due to site conditions, or mitigation measures approved as part of the application, will be adequately screened from public view and will not adversely impact public viewsheds, neighboring property privacy or solar access, and its design is consistent with the large dwelling design guidelines set forth in subsection (C)(4) of this section. (For structures within the Coastal Zone requiring a coastal development permit, additional findings shall be made pursuant to Chapter 13.20 SCCC.)

(3) Conditions. Conditions of project approvals made pursuant to this section may include mitigation measures necessary to preserve the neighborhood character in which the proposed structure(s) will be located, to preserve neighboring property privacy or solar access, and/or to screen the structure(s) from the road. Such measures may include, but are not limited to: house and accessory structure re-siting, additional landscape screening and house redesign, including possible reduction in floor area.

(4) Large Dwelling Design Guidelines. New large dwellings and related accessory structures regulated by this section are subject to the following design guidelines. The intent of these guidelines is to assist the applicant in meeting the requirements of the large dwelling regulations, and to assist the Planning Director and Zoning Administrator in reviewing applications.

Large dwellings and their related accessory structure should be designed so that:

(a) Changes in the natural topography of the building site are minimized;

(b) Grading cuts and fills are minimized, and when allowed, are balanced;

(d) Colors and material are used to reduce the appearance of building bulk. Use of earthtone colors is encouraged;

(e) Building height appearance is minimized by varying the height of roof elements and setting back higher portions of the structure from prominent viewpoints;

(f) Ridgeline silhouettes remain unbroken by building elements. Building envelopes should be allocated to the lower portions of hillside lots, where feasible;

(g) The structure(s) is compatible in terms of proportion, size, mass, and height with homes within the surrounding neighborhood;

(h) Architectural features break up massing. This can be accomplished by varying roof lines, puncturing large wall expanses with bay windows or recessed wall planes, or using a combination of vertical and horizontal architectural elements;

(i) Landscaping helps blend the structure(s) with the natural environmental setting of the site. This can be done by preserving existing vegetation as much as possible, siting the structure(s) to take advantage of existing trees and land forms, and by planting fast-growing, native landscaping to screen elements visible from viewpoints located off the parcel on which the structure is located;

(j) The view to adjacent properties is controlled. This can be done by minimizing second-story windows facing close neighboring properties, orienting upper floor balconies and decks toward large yard areas, locating the structure on the site as far from property lines as possible, and using landscaping to enhance privacy; and

(k) The location of the structure(s) on the site minimizes view blockage within public viewsheds.

(D) Application of State Density Bonus Law for Affordable Housing. Within the Coastal Zone, the approving body (or the Coastal Commission on appeal) may approve a project that deviates from local coastal program (LCP) requirements (in terms of additional units and/or concessions, waivers, and/or incentives) where such deviations emanate from state density bonus law provisions (Government Code Section 65915), if the following criteria are met:

(1) The project (including additional units and/or concessions, waivers, and/or incentives) is consistent with Government Code Section 65915; and

(2) The project is found to be in conformity with all LCP provisions requiring avoidance of significant coastal resource impacts (including but not limited to impacts to sensitive habitat, agriculture, public viewsheds, public recreational access, and open space), where such finding shall be based on an analysis that compares the project (including with any concessions/waivers/incentives and/or increases in otherwise allowable density applied) with an LCP-consistent project (i.e., one without any such deviations applied that meets all LCP requirements) that clearly identifies all LCP deviations, coastal resource impacts associated with such deviations, and affordable housing benefits being provided; and

(3) The project is found to: (a) encourage housing opportunities for persons of low and moderate income while minimizing deviation from the LCP; and (b) lead to no significant adverse coastal resource impacts.

(E) Small-Scale Commercial Agriculture in RA, RR, and R-1 Zone Districts. Small-scale commercial agriculture such as crop raising is an allowed use in the RA Zone District, and may be allowed a conditional use permit in the RR and R-1 Zone Districts, when conducted at a scale and in a manner appropriate and secondary to the primary residential use of the parcel and where compatible with nearby residential land uses. Small-scale commercial agriculture is allowed only on sites with an existing residence. Agricultural uses which create hazardous fumes, odors, unsightliness, dust, or noise levels inappropriate to a residential area are not considered small-scale agriculture and are not allowed within residential zone districts. Small-scale commercial agriculture shall be compatible with residential land uses in terms of hours of operation, use of machinery and mechanical equipment, and pesticide usage. Small-scale commercial agriculture with on-site retail sale of products grown or produced on site such as Christmas tree farms or produce stands selling produce grown on site may be considered in the RA zone district only, subject to the approval of a conditional use permit, where the use is found to be compatible with nearby residential uses and other required findings and standards. In the RR and R-1 districts, small-scale commercial agriculture is also considered a home occupation and is therefore subject to SCCC 13.10.613, Home occupations as secondary uses.

(F) Small Lot Single-Family Development in RM and RF Zone Districts. Single-family detached development is only allowed in RM and RF Zone Districts per the provisions of California Government Code Section 66499.40 (AB 803). [Ord. 5443 § 2, 2024; Ord. 5423 § 11, 2022; Res. 79-2019, 2019; Ord. 5286 § 4, 2018; Ord. 5202 § 1, 2015; Ord. 5182 § 5, 2014; Ord. 5152 § 5, 2013; Ord. 5119 § 19, 2012; Ord. 5055 § 2, 2009; Ord. 4496-C §§ 10, 11, 1998; Ord. 4312 § 1, 1994; Ord. 4286 § 1, 1993; Ord. 4159 §§ 2—4, 1991; Ord. 4133 §§ 2, 6, 1991; Ord. 4126 § 3, 1991; Ord. 4122 §§ 4—7, 1991; Ord. 4119 §§ 4—7, 1991; Ord. 4097 § 6, 1990; Ord. 3756 § 2, 1986; Ord. 3632 § 9, 1985; Ord. 3501 §§ 3—6, 1984; Ord. 3490 § 1, 1984; Ord. 3432 § 1, 1983].

13.10.325 Public facilities requirements for residential districts.

(A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

(B) All requirements of the local sanitation district and water district, or requirements for on-site sanitation and water systems if applicable to the site location, shall be met.

(C) All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).

(D) The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For industrial projects of 6,000 square feet or larger, a letter indicating the Transit District’s recommendation shall be submitted with the project applications.

(E) Project features located in the right-of-way, such as street lighting, street trees, and utility poles, shall be designed and constructed per the Santa Cruz County Design Criteria. [Ord. 5423 § 11, 2022; Ord. 4836 § 77, 2006; Ord. 4496-C § 12, 1998; Ord. 4346 § 14, 1994; Ord. 4263 § 1, 1993].

13.10.326 Other standards and conditions for residential districts.

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

Table 13.10.326-1: Other Use and Development Standards Applicable to Residential Districts
Topic	SCCC Section
Nonconforming uses and structures	13.10.260, et seq.
General site standards	13.10.500—13.10.600
Accessory structures, home occupations, weddings and community events, and temporary uses	13.10.611—13.10.616
Use of nondevelopable land	13.10.671
Use of urban open space land	13.10.672
Accessory dwelling units	13.10.681
Design review and site development	13.11
Parking and circulation	13.16
Coastal Zone regulations	13.20
Roadway and roadside improvements	15.10
Environmental and resource protection restrictions	Title 16

[Ord. 5423 § 11, 2022].

Article III. Commercial Districts

13.10.331 Purposes of commercial districts.

In addition to the general objectives of this chapter, the commercial districts are included in the Zoning Ordinance to achieve the following purposes:

(A) General Purposes.

(1) To provide for retail stores, offices, service establishments, recreational establishments, and wholesale businesses offering a range of commodities and services adequate to meet the needs of County residents and visitors.

(2) To contain commercial facilities in appropriately located areas, enhancing multimodal corridors and activity centers, and providing opportunities for commercial uses to concentrate for the convenience of the public and in mutually beneficial relationships to each other.

(3) To ensure that commercial facilities and uses are compatible with the level of available public facilities and services, minimizing traffic congestion and preventing the overloading of utilities and public services.

(4) To ensure that commercial development is compatible with natural resource protection, environmental quality, and the scenic setting of the County.

(5) To ensure that commercial facilities are constructed and operated such that they are compatible with adjacent development, and that high standards of urban design are maintained, minimizing impacts on residential areas and providing for adequate site layout, protection of solar access to adjacent property, landscaping, sign and building design and size, and on-site parking, loading, and circulation.

(6) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses, and from fire, explosion, noxious fumes, and other hazards.

(7) To provide for residential and public facility uses on commercial properties where these uses contribute to establishing vibrant activity centers, complete neighborhoods, and/or attainable housing, while including an appropriate and viable level of commercial land uses.

(8) To maximize efficient energy use and energy conservation in commercial uses, and to encourage the use of locally available renewable energy resources.

(B) Specific C-1 Neighborhood Commercial District Purposes. To provide compact and conveniently located shopping and service uses within walking distance of individual urban neighborhoods or centrally located to serve rural communities. Neighborhood commercial uses and facilities should be small scale, appropriate to a neighborhood service area, with minimal adverse traffic, noise, or aesthetic impacts on the adjacent residential areas. Mixed-use residential and commercial uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. The C-1 District is intended for parcels with a General Plan designation of Neighborhood Commercial (C-N) or Community Commercial (C-C).

(C) Specific C-2 Community Commercial District Purposes. To provide centers of concentrated commercial uses accommodating a broad range and mixture of commercial activities, serving the general shopping, entertainment, service, visitor, and office needs of community or region-wide service areas. Mixed-use residential and commercial uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. The C-2 District is intended for parcels with a General Plan designation of Community Commercial (C-C).

(D) Specific VA Visitor Accommodations District Purposes. To provide areas specifically reserved for visitor accommodations and limited appurtenant uses. To allow a broad range of short-term (less than 30 days) lodging options for visitors and to recognize these as commercial uses. The VA District is intended for parcels with a General Plan designation of Visitor Accommodation (C-V) or Community Commercial (C-C).

(E) Specific CT Tourist Commercial District Purposes. To recognize visitor serving uses such as food services, auto fueling, and visitor accommodations along major transportation corridors or in commercial activity centers. The CT District is intended for parcels with a General Plan designation of Neighborhood Commercial (C-N), Community Commercial (C-C), or Visitor Accommodation (C-V).

(F) Specific PA Professional-Administrative Office District Purposes. To provide for professional service uses in buffer areas between residential neighborhoods and more intensive commercial or industrial activities, as well as in locations where a demonstrated need for professional services exists, such as medical and employment activity centers.

Mixed-use residential and office uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. Limited sales and customer service uses are appropriate as ancillary to an office or mixed-use development, to meet the daily needs of residents and workers. The PA District is intended for parcels with a General Plan designation of Community Commercial (C-C), Professional and Administrative Office (C-O), or Service Commercial and Light Industrial (C-S).

(G) Specific C-3 Workplace Flex District Purposes. To provide centers of employment with a flexible mixture of office, retail, research, and light industrial land uses as well as ancillary sales, customer service, and public facilities uses to meet the daily needs of workers. C-3 District parcels should make efficient use of urban infrastructure and should accommodate flexibly built spaces for multiple business types and changing business needs over time. The C-3 District is intended for parcels located along major corridors and in activity centers within the Urban Services Line, with a General Plan designation of Community Commercial (C-C), Professional and Administrative Office (C-O), or Service Commercial and Light Industrial (C-S).

(H) Specific C-4 Commercial Services District Purposes. To provide for a broad range of commercial services that require large sites and convenient access to highways and other freight corridors. Appropriate C-4 land uses include auto repair; contractors’ yards; warehousing and storage; freight terminals; cannabis production, manufacture, and distribution; and outdoor sales facilities, such as nurseries, lumber yards, and boat and auto sales. Commercial recreational uses such as drive-in theaters and indoor arenas are also appropriate. The C-4 District is intended for parcels with a General Plan designation of service commercial and light industrial (C-S), in areas where impacts of noise, traffic, and other nuisances and hazards associated with such uses will not adversely affect other land uses. [Ord. 5423 § 12, 2022; Ord. 4836 § 78, 2006; Ord. 4346 § 15, 1994; Ord. 3501 § 7, 1984; Ord. 3432 § 1, 1983].

13.10.332 Uses in commercial districts.

(A) Allowed Uses. The uses allowed in commercial districts shall be as provided in the Commercial Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses.

(B) Use Permits. A discretionary approval for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Commercial Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(1) Master Use Permits. When requested by a property owner, a master use permit may be approved by the Zoning Administrator or Planning Commission, subject to the use permit findings provided in SCCC 18.10.230.

(a) Master Use Permit Elements. The master use permit shall establish all allowed uses and shall include provisions for adequate site improvements for each use type. Uses that are allowed by a master use permit shall not require individual use permits unless specified by the conditions of the master use permit.

(b) Environmental Review. The adoption or amendment of a master use permit is a “project” within the meaning of CEQA and the County Environmental Review Guidelines and is subject to environmental review.

(2) Change of Use in an Existing Legal Structure in a Commercial Zone District.

(a) A change of use in an existing legal structure may be approved with a zoning clearance if all the following criteria are met:

(i) The new use is allowed in the zone district;

(ii) The new use will not result in an intensification of use;

(iii) There is a use permit or master use permit for the existing use, and/or the new use is specified for the parcel in a town, village, or specific plan; and

(iv) The new use would have required an equal or lower level of public notice or hearing than the existing use.

Applicable existing discretionary permits and conditions of approval shall remain in effect for the new use.

(b) Subsection (B)(2)(a) of this section shall not apply in the C-4 District, except for cannabis uses in the Rodeo Gulch Overlay. All other C-4 uses shall require MUP approval for a change of use.

(c) In all other circumstances, a new use permit is required as provided in the commercial uses chart, or an amendment to an existing use permit is required as provided in SCCC 18.10.134.

(D) Commercial Uses Chart. Allowed uses and permit requirements for commercial zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.
A	Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.
NA	Use not allowed in this zone district.

Table 13.10.332-1: Commercial Uses Chart
USE	USE PERMIT REQUIRED BY ZONE							REFERENCES AND NOTES
USE	C-1	C-2	VA	CT	PA	C-3	C-4	REFERENCES AND NOTES
Automobile Fuel and Service Stations
Automobile fueling/service station	CUP	AUP	NA	AUP	NA	NA	AUP	Fuel stations with integrated car washes or auto service repair shops are not allowed in C-1 district. 13.10.657 13.10.700-A
Car wash	NA	AUP	NA	CUP	NA	NA	AUP
Electrical vehicle charging station	P	P	PA	P	PA	PA	P
Animal Services
Pet shops and grooming services	AUP	MUP	NA	NA	AUPA	MUPA	AUP	Chapter 6.08 13.10.646 Pet supply shops that do not keep or sell pets are a neighborhood retail use (see “sales and services—neighborhood/ commercial” in this chart).
Kennel or animal hospital	NA	CUP	NA	NA	NA	NA	CUP
Animal shelter	NA	CUP-PC	NA	NA	NA	NA	CUP-PC
Veterinary office	CUP	AUP	NA	NA	NA	NA	AUP
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC 13.10.650 (non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC.
Indoor cultivation: existing legal structure	NA	NA	NA	NA	NA	NA	MUPN, RG	N: AUP if adjacent parcel is developed with a residential structure in the PR, A, TP, SU, or any residential zone district. RG: ZC for cultivation in existing non- greenhouse structures in the Rodeo Gulch overlay when in conjunction with distribution/ manufacturing.
Indoor cultivation: new structure								New structures not allowed in the Coastal Zone and 1- mile buffer. Outdoor or hoop house cultivation not allowed in any commercial district.
< 5,000 sf	NA	NA	NA	NA	NA	NA	AUP
5,000—20,000 sf	NA	NA	NA	NA	NA	NA	CUP
> 20,000 sf	NA	NA	NA	NA	NA	NA	CUP-PC
Water tank	NA	NA	NA	NA	NA	NA	MUPA	Accessory to cannabis cultivation.
Manufacturing, Class 1 or 2:								New structures not permitted in the Coastal Zone and 1-mile buffer. *: Manufacturing is only allowed in conjunction with a licensed dispensary on the parcel, unless exception is granted pursuant to SCCC 13.10.650(D)(2)(g). RG: ZC for manufacturing in existing structures in the Rodeo Gulch zoning overlay area.
< 2,000 sf	NA	AUP*	NA	NA	NA	NA	AUPRG
2,000—20,000 sf	NA	CUP*	NA	NA	NA	NA	CUPRG
> 20,000 sf	NA	CUP-PC*	NA	NA	NA	NA	CUP-PCRG
Manufacturing, Class 3:								New structures not permitted in the Coastal Zone and 1-mile buffer.
< 2,000 sf	NA	NA	NA	NA	NA	NA	AUP
2,000—20,000 sf	NA	NA	NA	NA	NA	NA	CUP
> 20,000 sf	NA	NA	NA	NA	NA	NA	CUP-PC
Distribution, Class 1 or 2: existing legal structure	NA	P*	NA	NA	NA	NA	P	*: Distribution is only allowed in the C-2 district in conjunction with a licensed dispensary on the parcel.
Distribution, Class 1: new structure								New structures not permitted in the Coastal Zone and 1- mile buffer.
< 2,000 sf	NA	NA	NA	NA	NA	NA	MUP
≥ 2,000 sf	NA	NA	NA	NA	NA	NA	CUP
Distribution, Class 2: new structure								New structures not permitted in the Coastal Zone and 1-mile buffer. *: Distribution is only allowed in the C-2 district in conjunction with a licensed dispensary on the parcel.
<5,000 sf	NA	AUP*	NA	NA	NA	NA	AUP
5,000—20,000 sf	NA	CUP*	NA	NA	NA	NA	CUP
>20,000 sf	NA	CUP-PC*	NA	NA	NA	NA	CUP-PC
Distribution, transport only	NA	P	NA	NA	P	NA	P
Eating and Drinking
Bar/nightclub	CUP	AUP	AUPA	AUP	NA	AUPA	NA	13.10.332(E)(3) 13.10.654 13.10.700-B, 13.10.700-D, 13.10.700-W Alcohol production in C-1 and CT zone districts limited to <30,000 gallons wine/spirits or <6,000 barrels beer.
Brewery/brewpub/ winery/distillery	CUP	AUP	CUPA	CUP	NA	AUP	AUP
Tasting room	AUP	AUP	AUPA	AUP	CUPA	MUPA	MUP
Food truck	P	P	P	P	P	P	P	See Environmental Health Services Mobile Food Facility Health Permit requirements.
Dining establishment—indoor (restaurant, coffee shop, cafe, food kiosk, fast food, specialty food such as bakery, deli, ice cream shop)								Walk-up windows for take-out orders are allowed. MUP/AUP required to add outdoor dining per SCCC 13.10.332(E)(4). Within 200 feet of school site or residential district, AUP required to add beer and wine service to a dining establishment (CUP required to add a full bar). 13.10.652; 13.10.654
≥ 12 seats	ZC	ZC	ZCA	ZC	MUPA	MUPA	MUPA
> 12 seats	AUP	AUP	AUPA	AUP	AUPA	AUPA	AUPA
Entertainment, Fitness and Recreation
Entertainment—Indoor (theater, billiard hall, games establishment)								Chapter 5.16 Chapter 8.20 13.10.654 13.10.700-G
≤ 10,000 sf	CUP	MUP	AUPA	AUPA	NA	NA	AUP
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	NA	NA	CUP-PC
Fitness—Indoor (gym, club, exercise studio)								MUP for businesses <2,000 sf. See SCCC 13.10.623(G) regarding massage/bath.
≤ 10,000 sf	AUP	MUP	AUPA	AUPA	AUPA	AUPA	AUP
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC
Recreational facility—outdoor (fairgrounds, sports courts and fields, golf course, flea market, mini-golf, amusement park, public pool)	NA	CUP-PC	NA	NA	NA	NA	CUP/CUP-PC	Pools are permitted by right as an ancillary use to visitor accommodations. 13.10.652 13.10.654 CUP-PC required for structures over 10,000 square feet
Instructional studio (art, dance, music)								Permitted by right for businesses <2,000 sf in C-1, C-2, PA, or C-3 zone districts.
10,000 sf	AUP	MUP	NA	NA	MUPA	MUPA	AUP
> 10,000 sf	CUP-PC	CUP-PC	NA	NA	CUP-PC	CUP-PC	CUP-PC
Open space uses (picnic facilities, playgrounds, trails, open space)	AUP	AUP	PA	P	PA	NA	NA	No permanent structures allowed for open space uses.
Private club or lodge
≤ 10,000 sf	AUP	MUP	AUPA	AUPA	AUP	AUP	NA
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	NA
Spa/massage (bath, sauna, non-medical massage establishment)								Chapter 5.08 13.10.623
≤ 10,000 sf	CUP	AUP	AUPA	AUPA	CUPA	AUP	AUP
> 10,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC
Tourist services (information, tickets)	MUP	MUP	MUP	MUP	NA	NA	NA	13.10.700-T
Offices and Laboratories
General office (finance, real estate, insurance, and other professional services)	P	P	PA	NA	P	P	AUPA	Includes standard offices as well as creative office types such as co-working spaces, business incubators, and broadcast stations.
Medical office—Individual practitioner	P	P	NA	NA	P	P	NA	Includes physicians and alternative medicine practitioners (excluding massage parlors but including massage for physical therapy).
Medical office/clinic (no ambulance service or overnight stay)	AUP	MUP	NA	NA	MUP	MUP	NA	CUP-PC for ambulance service or overnight stay. Full-service hospitals are appropriate in the PF zone district (see SCCC 13.10.361 et seq.).
Medical mixed-use	NA	CUP-PC	NA	NA	CUP-PC	NA	NA	13.10.334(B), 13.10.365(B)
Research and development laboratory—Dry	AUPA	PA	NA	NA	MUP	MUP	MUP	13.10.700-L
Research and development laboratory—Wet	NA	AUPA	NA	NA	MUP	P	AUP	13.10.700-L
Sales and Services—Neighborhood/Community
Adult uses	NA	CUP	NA	NA	NA	NA	CUP	13.10.621, 13.10.622, 13.10.623 13.10.652 13.10.654
ATM (outdoor)	MUP	MUP	MUP	MUP	MUP	MUP	MUP	No use permit required for indoor ATM. 13.10.652
Bank or credit union	MUP	MUP	NA	NA	MUP	MUPA	NA	13.10.652
Cannabis dispensaries	NA	NA	NA	NA	NA	NA	NA	New dispensaries are not allowed. Existing dispensary licenses may be renewed. 7.130; 13.10.652
Household services (repair shop, tech support, copy/print shop, tailor, dry cleaner, laundromat)	MUP	P	NA	NA	PA	PA	MUPA	Permitted by right for businesses < 2,000 sf in C-1 zone district.
Liquor store	CUP	AUP	NA	NA	NA	AUPA	AUP	An AUP is required to add a tasting area to a liquor store. 13.10.654; 13.10.657
Personal services (barber shop, beauty salon, tattoo parlor, nail salon)	MUP	P	MUPA	MUPA	PA	PA	PA	Permitted by right for businesses <2,000 sf in C-1 zone district.
Recycling collection facility, small	MUPA	MUPA	MUPA	MUPA	MUPA	MUPA	MUPA	Reverse vending machines do not require use permits. 13.10.658; 13.10.700-R
Retail—Community (department/big box store, home and garden, nursery, auto supplies, office/ technology products)								Permitted by right for businesses <2,000 sf in C-1 zone district. Outdoor sales/services not allowed in C-1. 13.10.652
≤ 50,000 sf	AUP	MUP	NA	NA	NA	NA	AUP
> 50,000 sf	CUP-PC	CUP-PC	NA	NA	NA	NA	CUP-PC
Retail—Neighborhood (convenience store, grocery/supermarket, hardware store, pharmacy, shop, boutique, gallery)								Permitted by right for businesses <2,000 sf in C-1 zone district. Supermarket size limited to 20,000 sf in the C-1 zone district. 13.10.652
≤ 50,000 sf	MUP	P	MUPA	AUP	MUPA	PA	NA
> 50,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	NA
Retail—Recreational sales and rentals (bikes, surf gear, etc.)
≤ 50,000 sf	AUP	MUP	AUPA	AUP	AUPA	MUP	MUP
> 50,000 sf	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC
Sales and Services—Requiring Large Sites, Truck Traffic, Vehicle Storage
Automobile sales or rental	NA	CUP-PC	NA	NA	NA	NA	CUP	Includes cars, motorcycles, light trucks, trailers/RVs. 13.10.652
Automobile repair or specialty shop	NA	CUP-PC	NA	NA	NA	CUP	AUP	13.10.652 13.10.700-A
Agricultural service establishment	NA	NA	NA	NA	NA	NA	AUP	13.10.700-A
Boat services (boat sales, rentals, repair, building, launching and storage; commercial fishing)	NA	NA	NA	NA	NA	NA	CUP	For recreational watercraft rentals such as kayaks, see “retail—recreational sales and rentals.”
General commercial services (auction houses, catering, industrial printing, industrial dry cleaners, machine shops, wholesale distributors, online merchandise show- rooms and pick-up)	NA	CUP	NA	NA	NA	MUP	MUP	For general services less than 10,000 sf with minimal truck traffic or vehicle storage, see “household services.” See 13.10.652, 13.10.653
Hand-made product fabrication and sale (textiles, clothing, furniture, welding)	AUP	MUP	NA	NA	NA	MUP	MUP	Includes cooperative “maker” spaces. Maximum size 5,000 square feet in C-1.
Light industrial uses (not otherwise listed in commercial uses chart)	NA	NA	NA	NA	NA	See M-1 Use Chart	See M-1 Use Chart	See SCCC 13.10.342 for M-1 use chart. Uses are subject to SCCC 13.10.345.
Recycling collection facility, large	NA	NA	NA	NA	NA	NA	CUP	13.10.658 13.10.700-R
Storage—Indoor (self-storage, warehousing)	NA	NA	NA	NA	NA	NA	MUP
Storage—Outdoor (RV/auto storage, salvage yards, contractor yards, machinery storage)	NA	NA	NA	NA	NA	NA	AUP	For outdoor storage associated with other types of businesses, see SCCC 13.10.332(C)(2).
Taxi company	AUP	AUP	NA	NA	NA	AUPA	AUP	Includes rideshare and self-driving vehicles. Five-vehicle maximum in C-1 zone district.
Visitor Accommodation
Time shares	NA	NA	NA	NA	NA	NA	NA	13.10.693
Type A visitor accommodation (hotels, motels, bed and breakfast inns)	CUP	CUP	AUP	CUP	NA	NA	NA	13.10.689 13.10.691
Type B visitor accommodation (hostels; RV camping parks; tent- camping parks)	NA	NA	AUP	CUP	NA	NA	NA	13.10.689
(organized camps and conference centers)	NA	NA	CUP-PC	CUP-PC	NA	NA	NA	13.10.692
PUBLIC AND QUASI-PUBLIC USES
Community Services and Facilities
Community center or service organization (spaces and programs open to the public)
≤ 10,000 sf	CUP	AUP	NA	NA	CUP	CUP	NA
> 10,000 sf	CUP-PC	CUP-PC	NA	NA	CUP-PC	CUP-PC	NA
Community garden/ urban agriculture	AUP	MUP	NA	NA	AUPA	NA	MUP	Allowed as a temporary use in any commercial zone district. Does not include cannabis cultivation (see “Cannabis” section of this chart).
Conference facility/ auditorium/event hall								13.10.689
≤ 10,000 sf	NA	AUP	AUPA	AUPA	CUP	AUP	NA
> 10,000 sf	NA	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	NA
Day care center								Does not include family day care homes (see “Commercial Uses within Dwelling Units”). 13.10.700-D
≤ 10,000 sf	AUP	MUP	NA	NA	AUP	AUPA	CUP
> 10,000 sf	CUP-PC	CUP-PC	NA	NA	CUP-PC	CUP-PC	CUP-PC
Employment training/ services, day worker center
≤ 10,000 sf	NA	MUP	NA	NA	AUP	MUP	MUP
> 10,000 sf	NA	CUP-PC	NA	NA	CUP-PC	CUP-PC	CUP-PC
Farmer’s market or other regular community event	AUP	AUP	AUP	AUP	AUP	AUP	AUP
Fire or police station, ambulance service	CUP	CUP	NA	NA	NA	CUP	CUP
Funeral/burial services (funeral home, columbarium, crematory, cemetery)	CUP	CUP	NA	NA	NA	NA	AUP
Library
≤ 10,000 sf	AUP	P	NA	NA	MUP	MUP	NA
> 10,000 sf	CUP-PC	CUP-PC	NA	NA	CUP-PC	CUP-PC	NA
Museum	CUP-PC	CUP-PC	NA	NA	CUP-PC	CUP-PC	NA
Religious institution
≤ 10,000 sf	AUP	AUP	NA	NA	AUP	AUP	NA
> 10,000 sf	CUP-PC	CUP-PC	NA	NA	CUP-PC	CUP-PC	NA
Public restrooms	P	P	P	P	P	P	P
School	AUP	AUP	NA	NA	AUP	AUP	CUP	For instructional studios, see “Entertainment, Fitness, and Recreation” section.
Infrastructure and Utilities
Energy cogeneration	MUP	MUP	MUP	MUP	MUP	MUP	MUP	13.10.700-C
Parking for off-site uses	MUP	MUP	MUPA	MUP	MUP	MUP	MUP	Stand-alone parking lots in the C-1 district limited to a footprint of 10,000 square feet.
Transit station	CUP-PC	CUP	CUP	CUP	CUP	AUP	AUP
Utility facility	CUP	CUP	CUP	CUP	CUP	CUP	AUP	Includes private and public utilities and microgrids (see SCCC 13.10.700-M).
Wireless communication facilities	ZC P/CUP	ZC P/CUP	ZC P/CUP	ZC P/CUP	ZC P/CUP	ZC P/CUP	ZC P/CUP	Subject to SCCC 13.10.660 through 13.10.664, inclusive
HOUSING
Housing—Institutional and Care Facilities
Skilled nursing facility, residential care facility for the elderly, continuing care retirement community with less than 100 occupants, health care facility	CUP	CUP	NA	NA	CUP	NA	NA	13.10.700-C, 13.10.700-R, 13.10.700-S
Continuing care retirement community with over 100 occupants	CUP-PC	CUP-PC	NA	NA	CUP-PC	NA	NA	13.10.700-C, 13.10.700-R, 13.10.700-S
Residential care home serving 6 or fewer residents	P	P	P	P	P	P	P	13.10.700-R
Housing—Residential Units
Accessory dwelling units (ADUs) and Junior ADUs	PA	PA	NA	NA	PA	NA	NA	13.10.681
Dwellings (single or multifamily)								Residential use may be up to 80% of building square footage at a base density of up to 45 units/acre. Exception for parcels that meet the requirements of CA Gov. Code § 65852.24. 13.10.334(A)
1—14 units	CUP	CUP	NA	NA	CUP	NA	NA
15+ units	CUP-PC	CUP-PC	NA	NA	CUP-PC	NA	NA
Senior Rental Housing	CUP-PC	CUP-PC	NA	NA	CUP-PC	NA	NA	13.10.700-S
Employee housing	NA	NA	PA	PA	NA	NA	NA	Allowed with Type B visitor accommodation only, subject to SCCC 13.10.689.
Manager’s unit	NA	NA	PA	PA	NA	AUPA	AUPA	Limit of one, ancillary to commercial use. On-site manager must be under a contract describing compensation and duties. No other live/work use allowed.
Permanent room housing	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	CUP-PC	Coastal Zone VA- and CT-zoned parcels are not eligible for PRH. 13.10.425—13.10.428
Residential Units—Commercial Uses (Ancillary to Residential Use)
Family day care home	PA	PA	NA	NA	PA	NA	NA	Serving up to 14 children (see SCCC 13.10.700-D). 13.10.613
Home occupations	PA/ CUPA	PA/ CUPA	NA	NA	PA/ CUPA	NA	NA	May include cottage industry. See SCCC 13.10.613 to determine when a CUP is required. 13.10.700-C
Hosted rentals	ZCA	ZCA	NA	NA	ZCA	NA	NA	Hosted rental permit required per SCCC 13.10.690. Vacation rentals (SCCC 13.10.694) are not allowed.

1. Table indicates use permits only. Other discretionary permits may be required.

(E) Use Conditions.

(1) Amplified Entertainment. A CUP is required for outdoor amplified entertainment.

(2) Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.

(a) Twenty-four-hour outdoor ATMs attached to banks, credit unions, or grocery stores shall not be subject to a CUP if the following criteria are met:

(i) Safety lighting is screened so as not to cast direct light on any dwelling unit; and

(ii) Physical maintenance of the ATM is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.

(3) Outdoor Dining/Seating. Permanent (long-term) outdoor seating is allowed subject to an MUP to add 12 or fewer seats or an AUP to add more than 12 seats. Outdoor seating includes outdoor dining as well as other uses such as seating in common plaza areas, or outdoor exercise equipment for a fitness facility. Conditions of approval for outdoor seating must ensure public health and safety, including but not limited to: standards from the Americans with Disabilities Act; adequate alternate parking arrangements if parking spaces will be lost to outdoor seating; and permit requirements from other agencies as needed, such as: the County Department of Public Works; County Health Services Agency; County Department of Parks, Open Space and Cultural Services; Sheriff’s Office; County Fire Districts; California Department of Alcoholic Beverage Control; or California Department of Motor Vehicles. Temporary outdoor seating may be approved with a temporary use permit, subject to SCCC 13.10.616.

(4) Outdoor Storage. Outdoor storage of stock-in-trade outside the C-4 zone district is allowed subject to an AUP; provided, that the storage area is adequately screened from view from adjacent parcels.

(5) Signage. Signage may be required or allowed per SCCC 13.10.581. New signage associated with a master use permit is allowed by right. New signage not associated with a master use permit requires an MSP per SCCC 13.11.037.

(6) Temporary/seasonal use, including temporary outdoor seating, may be allowed pursuant to a temporary use permit (TUP), subject to SCCC 13.10.616.

(7) Additional conditions for specific commercial uses are found in SCCC 13.10.600, et seq., and other sections of the County Code as referenced in the Commercial Uses Chart. [Ord. 5439 § 3, 2023; Ord. 5423 § 12, 2022; Ord. 5402 § 3, 2022; Ord. 5366 § 1, 2021; Ord. 5346 § 1, 2020; Ord. 5336 § 4, 2020; Ord. 5334 § 4, 2020; Ord. 5326 § 8, 2020; Ord. 5325 § 8, 2020; Ord. 5305 § 3, 2019; Ord. 5302 § 2, 2019; Ord. 5272 § 4, 2018; Ord. 5266 § 3, 2018; Ord. 5169 § 4, 2013; Ord. 5119 §§ 20—22, 2012; Ord. 5090 § 2, 2011; Ord. 5061 § 13, 2009; Ord. 4921 § 8, 2008; Ord. 4836 §§ 79—84, 2006; Ord. 4814 § 2, 2006; Ord. 4808 § 17, 2005; Ord. 4770 § 4, 2004; Ord. 4744 § 4, 2003; Ord. 4715 § 4, 2003; Ord. 4577 § 4, 1999; Ord. 4525 §§ 5, 6, 1998; Ord. 4496-C §§ 13—20, 1998; Ord. 4426 §§ 1, 2, 1996; Ord. 4346 § 16, 1994; Ord. 4285 § 1, 1993; Ord. 4217 § 2, 1992; Ord. 3965 § 1, 1988; Ord. 3943 § 1, 1988; Ord. 3843 §§ 1, 2, 1987; Ord. 3767 § 1, 1986; Ord. 3669 § 1, 1985; Ord. 3632 § 10, 1985; Ord. 3593 § 8, 1984; Ord. 3588 § 5, 1984; Ord. 3432 § 1, 1983].

13.10.333 Development standards in commercial districts.

(1) Design review is required for some site development permits pursuant to SCCC 13.11.040 through 13.11.080.

(B) Site and Structural Dimensions Chart. The following development standards shall apply within all commercial zone districts, except as noted elsewhere in this section and in the general exceptions as noted in SCCC 13.10.510, et seq.

Table 13.10.333-1: Commercial Site and Structural Dimensions Chart
DEVELOPMENT STANDARDS	STANDARDS BY ZONE1
DEVELOPMENT STANDARDS	C-1	C-2	VA	CT	PA	C-3	C-4
PARCEL SIZE AND SHAPE (NEW PARCELS)
Minimum gross site area per parcel (square feet)	5,0002	10,000	10,000	10,000	7,500	10,000	10,000
Minimum parcel frontage (feet)	40	50	50	50	50	60	60
BUILDING MASSING
Maximum building height	3 stories (40 feet)	3 stories (40 feet)	3 stories (40 feet)	3 stories (40 feet)	3 stories (40 feet)	3 stories (50 feet)	3 stories (40 feet)
Minimum first story floor-to-ceiling height (feet)						15
Maximum FAR5	1.5	1.5	1.5	1.5	1.5	1.5	1.0
BUILDING SETBACK DISTANCE FROM PROPERTY LINE1,3,4
Front yard setback (feet)	10	10	10	10	10	10	10
Side yard setback (feet)	0	0	10	0	0	5	0
Side yard setback, corner lot street side (feet)	0	0	10	0	10	10	0
Rear yard setback (feet)	0	0	10	0	5	5	0

1. Special setbacks may apply per subsection (C) of this section, and exceptions to site development standards may be considered per subsection (D) of this section. Certain land uses may have special development standards per SCCC 13.10.334 and 13.10.600, et seq.

2. In the C-1 district, parcels smaller than 5,000 square feet are allowed if it can be demonstrated that parking requirements can be met with off-street parking located on or off site.

3. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC 15.10.050 and Department of Public Works Design Criteria.

4. See SCCC 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements.

5. See SCCC 13.10.334(E) for FAR parking exemption.

(1) Parcels abutting agricultural uses: see Chapter 16.50 SCCC regarding setback/buffer requirements.

(2) Parcels abutting residential or non-commercial agricultural zone districts:

(a) Abutting an RM or RF District. The minimum side or rear yard abutting an RM or RF district shall be 10 feet, except in the C-4 district where this setback shall be 30 feet.

(b) Abutting an R-1 or A District. The minimum side or rear yard abutting an R-1 or A district shall be 15 feet, except in the C-4 district where this setback shall be 30 feet.

(c) Third Floor Setbacks. Minimum 50 percent of third floor exterior walls must be set back an additional 10 feet from the front, side, and rear yard setback lines.

(3) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in a SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.

(D) Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC 13.10.235), variance (SCCC 13.10.230), or planned unit development (SCCC 18.30.183). [Ord. 5423 § 12, 2022; Ord. 5326 §§ 9—11, 2020; Ord. 5325 §§ 9—11, 2020; Ord. 5171 §§ 1, 2, 2014; Ord. 4836 § 85, 2006; Ord. 4496-C § 21, 1998; Ord. 4346 § 17, 1994; Ord. 4314 § 3, 1994; Ord. 4217 § 3, 1992; Ord. 3501 § 8, 1984; Ord. 3432 § 1, 1983].

13.10.334 Special standards and conditions for commercial districts.

(A) Mixed-Use Residential and Commercial Developments.

(1) Density. Base residential density shall not exceed 45 dwelling units per acre, calculated using gross site area.

(a) Residential Density Bonus. Projects incorporating affordable housing units may be allowed additional density per Chapter 17.12 SCCC.

(b) Within the Coastal Zone, the approving body (or the Coastal Commission on appeal) may approve additional units under density bonus provisions if the following criteria are met:

(i) The additional units are consistent with Coastal Act Section 30604(f), Government Code Section 65915, and Chapter 17.12 SCCC; and

(ii) The project is found to be in conformity with the Local Coastal Program provisions that ensure no impact on coastal resources (including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access, and open space protections).

(2) Open Space. Minimum 50 square feet open space per dwelling. Open space may be provided through any combination of private and common open space. A minimum of 50 percent of the units included in the project must provide private open space accessed through unit. Minimum private open space dimensions: six by six feet. Minimum usable/active common open space dimensions: 15 by 10 feet.

(3) Setbacks. Side and rear setbacks shall be five feet, unless larger setbacks are otherwise required.

(B) Hospitals and Mixed-Use Medical Developments. Within the urban services line, hospital and mixed-use medical developments may be eligible for special use and development standards as provided in SCCC 13.10.364(B). Commercial FAR limitations shall not apply to eligible projects.

(C) Active Commercial Corridors. On parcels in the C-1 and C-2 Zone Districts, at least 50 percent of first floor building frontage along main streets, active connector streets, or multimodal corridors (as mapped in the Santa Cruz County General Plan) shall be active commercial uses (businesses open to the general public).

(D) Pleasure Point Commercial Corridor. On commercially zoned parcels located along the mapped Pleasure Point commercial corridor (Portola Drive between 26th Ave. and 41st Ave., and 41st Ave. between Portola Drive and the Capitola city limit), development shall follow the guidance provided in the Santa Cruz County Design Guidelines Appendix B: Pleasure Point Commercial Corridor Design Guidelines. The following special development standards shall apply:

(1) Maximum 20,000 square feet for individual tenant spaces;

(2) Third stories must be located toward the middle of a parcel or site, with one- and two-story street-facing building facades;

(3) Height exceptions or variances are not allowed; and

(4) Setbacks.

(a) Minimum street-facing setbacks: Where there is not a conflict with other development standards, buildings must allow for minimum 10-foot sidewalks facing the commercial corridor, and minimum six-foot sidewalks along side streets, taken from private property area if necessary;

(b) Maximum street-facing setbacks: 20 feet from edge of sidewalk for ground floor sales, service, restaurant, or office uses. Thirty feet from edge of sidewalk for ground floor residential uses or outdoor dining; and

(c) Parcels abutting residential zone districts: minimum setback of 30 feet for commercial buildings, 20 feet for residential buildings, with third stories set back an additional five feet.

(E) FAR Parking Exemption. Commercial and mixed-use projects that incorporate at least 75 percent of parking spaces with underground garages, multi-story above-ground garages, or podium parking located on or off site are not subject to a maximum FAR.

(F) Accessory Dwelling Units. ADUs shall be subject to the use and development standards in SCCC 13.10.681. Where there are conflicts between this section and SCCC 13.10.681, SCCC 13.10.681 shall take precedence. [Ord. 5423 § 12, 2022; Ord. 5171 § 3, 2014; Ord. 4496-C §§ 22, 23, 1998; Ord. 4346 §§ 19—21, 1994; Ord. 3994, 1989; Ord. 3843 § 4, 1987; Ord. 3432 § 1, 1983. Formerly 13.10.335].

13.10.335 Public facilities requirements for commercial districts.

(A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

(B) All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.

(C) All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).

13.10.336 Other standards and conditions for commercial districts.

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

Table 13.10.336-1: Other Use and Development Standards Applicable to Commercial Districts
Topic	SCCC Section
Nonconforming uses and structures	13.10.260, et seq.
General site standards	13.10.500—13.10.600
Regulations for special commercial uses	13.10.600—13.10.700
Design review and site development	13.11
Parking and circulation	13.16
Coastal Zone regulations	13.20
Roadway and roadside improvements	15.10
Environmental and resource protection restrictions	Title 16

[Ord. 5423 § 12, 2022].

Article IV. Industrial Districts

13.10.341 Purposes of industrial districts.

In addition to the general objectives of this chapter, the M Industrial Districts are included in the Zoning Ordinance to achieve the following purposes:

(A) General Purposes.

(1) To reserve appropriately located areas for mineral extraction and for industrial land uses and related activities, so as to encourage the productive utilization of the County’s natural resources, efficient freight and goods movement, and industrial employment for County residents.

(2) To protect areas appropriate for industrial use from intrusion by dwellings and other inharmonious uses.

(3) To minimize the impact of industrial land uses on nearby residential, agricultural, and commercial properties by encouraging nuisance-free, nonhazardous industrial uses through the control of noise, odor, dust, dirt, smoke, vibration, heat, glare, truck and rail traffic, and other objectionable influences and from fire, explosion, noxious fumes, radiation, and other hazards associated with certain industrial uses.

(4) To provide locations for certain types of industrial land uses to concentrate in mutually beneficial relationships.

(5) To provide adequate space to meet the needs of modern industrial development, including areas for off-street parking, truck and rail loading, and landscaping.

(6) To minimize traffic congestion and to avoid the overloading of utilities by preventing the development of excessively intense industrial uses or the construction of buildings of excessive size in relation to available public facilities.

(7) To maximize efficient energy use and energy conservation in industrial districts, and to encourage the use of locally available renewable energy resources.

(B) Specific M-1 Light Industrial District Purposes. To provide areas for light industrial facilities such as assembly and other types of manufacturing which have no potential for major pollution, adverse visual impacts, or nuisance or hazard factors.

(C) Specific M-2 Heavy Industrial District Purposes. To provide areas for heavy industrial facilities such as lumber mills and major manufacturing or processing plants; to provide standards for their establishment and operation; and to ensure their compatibility with the environment, supporting public services, and adjacent land uses.

(D) Specific M-3 Mineral Extraction Industrial District Purposes.

(1) To identify the location of rock, sand, gravel, and other mineral resources within the County of Santa Cruz which are valuable to the orderly and economic development of the County and region.

(2) To conserve mineral resources for future use and to ensure that the recovery of these resources is not preempted by other uses of the land on which they are located, or by the introduction of noncompatible uses on other lands in the immediate vicinity.

(3) To give public notice of the intent to preserve and plan for the continued or ultimate use of mineral resources and proposed access thereto.

(4) To allow the orderly economic extraction of minerals by designating the sites of existing and potential mines and allowing for the establishment, operation, expansion, and reclamation of mineral extraction facilities and sites with minimum adverse impacts on aquifers, streams, scenic values, and surrounding land uses. [Ord. 5423 § 13, 2022; Ord. 3501 § 12, 1984; Ord. 3432 § 1, 1983].

13.10.342 Uses in industrial districts.

(A) Allowed Uses. The uses allowed in industrial districts shall be as provided in the Industrial Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses.

(B) Use Permits. A discretionary approval for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Industrial Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures. For the purposes of this chapter, a mining permit is a use permit.

(D) Industrial Uses Chart. Allowed uses and permit requirements for industrial zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.
A	Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.
NA	Use not allowed in this zone district.

Table 13.10.342-1: Industrial Uses Chart
USE	PERMIT REQUIRED BY ZONE1			REFERENCES AND NOTES
USE	M-1	M-2	M-3	REFERENCES AND NOTES
Agricultural Uses
Agricultural service establishment	AUP	CUP	NA	13.10.700-A
Mushroom growing in structures	AUP	CUP	NA	13.10.634
Automobile Fuel and Service Stations
Automobile fuel/service stations	CUP	CUP	NA	Car washes allowed
Electrical vehicle charging station	P	P	P
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC 13.10.650 (non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC.
Indoor cultivation: existing legal structure	MUPRG,N	MUPN	MUPN	RG: ZC for cultivation in existing non-greenhouse structures in the Rodeo Gulch overlay. N: AUP if adjacent parcel is developed with a residential structure in the PR, A, TP, SU, or any residential zone district.
Indoor cultivation: new structure				New structures not permitted in the coastal zone and 1-mile buffer.
<2,000 sf	AUP	CUP	CUP
2,000—20,000 sf	CUP	CUP	CUP
>20,000 sf	CUP-PC	CUP-PC	CUP-PC
Water tank	MUPA	MUPA	MUPA	Accessory to cannabis cultivation.
Outdoor cultivation (including hoop houses)	NA	NA	CUP*	*: Outdoor cultivation permitted only in conjunction with adoption or amendment of a reclamation plan.
Manufacturing, Class 1 or 2: existing legal structure	AUPRG	AUP	AUP	RG: ZC for manufacturing in existing legal structures in the Rodeo Gulch overlay.
Manufacturing, Class 3: existing legal structure
Outside coastal zone + 1-mile buffer	AUP	CUP	MUP
Inside coastal zone + 1-mile buffer
<2,000 sf	AUP	CUP	AUP
2,000—20,000 sf	CUP	CUP	AUP
>20,000 sf	CUP-PC	CUP-PC	CUP
Manufacturing, Class 1, 2 or 3: new structure				New structures not permitted in the coastal zone and 1-mile buffer.
<2,000 sf	AUP	AUP	MUP
2,000—20,000 sf	CUP	CUP	MUP
>20,000 sf	CUP-PC	CUP-PC	MUP
Distribution, Class 1: existing legal structure	ZC	ZC	ZC
Distribution, Class 2: existing legal structure	ZC	ZC	ZC
Distribution, Class 1 or 2: new structure				New structures not permitted in the coastal zone and 1-mile buffer.
<2,000 sf	AUP	AUP	AUP
2,000—20,000 sf	CUP	CUP	CUP
>20,000 sf	CUP-PC	CUP-PC	CUP-PC
Distribution, transport only	P	P	P
Commercial Uses
Offices or retail sales incidental to an allowed use	AUPA	AUPA	AUPA
Retail—Recreational sales and rentals (bikes, surf gear, etc.)	MUP	NA	NA
Sales and Services—Requiring large sites, truck traffic, vehicle storage (not otherwise listed in the industrial uses chart)	See C-4 Use Chart	See C-4 Use Chart	NA	See SCCC 13.10.332 for C-4 use chart.
Industry, Light
Assembly, including compounding, packaging, or processing of medical appliances, small electric appliances, ceramic products, small scale consumer goods (not including large appliances or durable goods), cosmetics and soaps (not including rendering of fats or oils), electrical equipment, supplies, or components, scientific, medical, or drafting instruments	AUP	CUP	NA
Food processing and packaging, foods and food products, manufacturing, including bottling works, breweries, distilleries and wineries, cold storage, dairy products, plants, canning and packing, or including fruits and vegetables	CUP	AUP	NA
Hand-made product fabrication and sale (glass blowing, metal working, pottery kilns, textiles, etc.)	AUP	CUP	CUP	Includes industrial art studios and cooperative “maker” spaces.
Machine shops (involving the use of drop hammers, automatic screw machines, or punch presses with a rated capacity of over 20 tons)	CUP	AUP	NA
Manufacture of low-impact materials such as ice, mattresses, musical instruments, optical goods, dental products, electric and neon signs	AUP	CUP	NA
Manufacturing and processing fabrication and assembly of the following products provided that no environmental hazard is created: products of cement, nonhazardous chemicals, clay, graphite, leather, metal, paper, rubber, stone, wood	CUP	AUP	NA	Products include but are not limited to aircraft, automobiles, building materials, candles, carpets, animal feed, glass, machinery, metal alloys, motors and generators, large appliances, textiles, cutlery, hardware, and hand tools; die and pattern making; and extrusion of small products such as jewelry.
Manufacturing involving chemicals, such as drugs and pharmaceuticals, photographic developing and printing plants, textile bleaching and dyeing, semiconductors or other electronic components involving hazardous substances	CUP	AUP	NA
Metal casting, painting, sandblasting, finishing, and plating	CUP	AUP	NA
Metal welding shops	CUP	AUP	NA
Research and development laboratory—Dry	MUP	MUP	NA	13.10.700-L
Research and development laboratory—Wet	AUP	AUP	NA	13.10.700-L
Sheet metal products, light, including heating and ventilating ducts, cornices, and eaves	AUP	CUP	NA
Warehouses (except for the storage of flammable liquids), storage and baling of metal, paper, or rags within an enclosed structure	AUP	MUP	MUP
Woodworking, such as cabinet-making shops, furniture manufacture, sash and door manufacturing, including only incidental mill work, operated within a completely enclosed structure	CUP	AUP	NA
Industry, Heavy
Foundries, metal smelting, reduction refining, alloying, rolling, drop forges	CUP	CUP	NA
Incinerators	CUP	CUP	NA
Industrial operations involving hazardous chemicals (including manufacturing of hazardous chemical products, asphalt, cement, fertilizer, fish products, paint products, paper, plaster, soap, etc.)	CUP	CUP	NA
Recycling of petroleum-based products	CUP	CUP	NA
Storage of potentially hazardous materials (explosives, fireworks, flammable liquids, gas, junk yards, manure, petroleum products, slag piles, rawhides, used building materials)	CUP	CUP	NA
Wood processing (planing mills, sawmills, and treatment plants, wood pulp reduction and distillation)	CUP	CUP	NA
Infrastructure and Utilities
Energy cogeneration	MUP	MUP	MUP	13.10.700-C
Transit station	CUP	CUP	CUP	Includes repair or servicing of transit vehicles. Freight service only (no commuter or recreational transit stations) in M-2 or M-3.
Utility facility	CUP	CUP	CUP	Includes private and public utilities, energy facilities, microgrids, and cogeneration. 13.10.700-C, 13.10.700-E, 13.10.700-M
Wireless communications facilities	P/CUP	P/CUP	P/CUP	Subject to SCCC 13.10.660 through 13.10.664, inclusive
Mining Uses (SCCC 16.54)
Mining, quarrying, and commercial extraction of rock, sand, gravel, earth, clay and similar materials, and the storage, stockpiling, processing, distribution, and sale thereof; including the installation and operation of facilities and apparatus to process, store, and ship rock, sand, gravel, and other mineral products; shops and garages for the repair and maintenance of equipment and storage warehouses as are necessary to conduct the uses permitted	NA	NA	MP
Mine reclamation or reuse, such as backfilling with inert materials, or other productive non-residential reuse including agricultural uses subject to the regulations of the A District, timber harvesting, light or heavy industry, etc.	NA	NA	MP
Concrete batching plants; Manufacture of cement	NA	NA	MPA	Industrial uses related to processing or fabrication of a finished product from quarried or mined materials, where associated with the principal use of the property for quarry purposes, located on the same site, and included in the provisions of a mining permit.
Manufacture of concrete products and pressed structural units in conjunction and concurrent with excavation on the site	NA	NA	MPA
Mixing plants for asphaltic concrete	NA	NA	MPA
Other similar uses relating to the extraction or processing of rock, sand, gravel, or minerals	NA	NA	MPA
Mine-related concurrent uses, such as: sanitary landfills; septage disposal; retail sales of mine-related products; offices; public utility facilities; fire protection facilities	NA	NA	MPA
Mine site interim uses, such as agricultural uses subject to the regulations of the A District or timber harvesting	Allowed at approval levels required by SCCC 13.10.312.
Housing and Accessory Uses
Manager’s unit	AUPA	AUPA	AUPA	Limit of one, ancillary to industrial use. On-site manager must be under a contract describing compensation and duties. No other live/work use allowed.
Family day care home	PA	PA	PA	Serving up to 14 children. Must be associated with existing nonconforming dwelling unit. 13.10.700-D; 13.10.613

1. Table indicates use permits only. Other discretionary permits may be required.

(E) Use Conditions.

(1) Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance, shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.

(2) Outdoor Storage. Outdoor storage is allowed subject to an MUP; provided, that the storage area is adequately screened from view from adjacent parcels.

(3) Signage. Signage may be required or allowed per SCCC 13.10.581, subject to an MSP per SCCC 13.11.037.

(4) Temporary/seasonal use, including temporary outdoor seating: allowed pursuant to a temporary use permit (TUP), subject to SCCC 13.10.616.

(5) Additional conditions for specific uses are found in other code sections as referenced in the Industrial Uses Chart. [Ord. 5439 § 4, 2023; Ord. 5423 § 13, 2022; Ord. 5402 § 4, 2022; Ord. 5366 § 1, 2021; Ord. 5346 § 1, 2020; Ord. 5336 § 5, 2020; Ord. 5334 § 5, 2020; Ord. 5302 § 3, 2019; Ord. 5272 § 5, 2018; Ord. 5119 §§ 23, 24, 2012; Ord. 4921 §§ 9, 10, 2008; Ord. 4873 § 3, 2007; Ord. 4836 § 86, 2006; Ord. 4808 § 18, 2005; Ord. 4770 § 5, 2004; Ord. 4744 § 5, 2003; Ord. 4715 § 5, 2003; Ord. 4577 §§ 5, 6, 1999; Ord. 4525 § 7, 1998; Ord. 3767 § 2, 1986; Ord. 3593 § 9, 1984; Ord. 3432 § 1, 1983].

13.10.343 Development standards in industrial districts.

(1) Design review is required for some site development permits pursuant to SCCC 13.11.040 through 13.11.080.

(B) Site and Structural Dimensions Chart. The following development standards shall apply within all industrial zone districts, except as noted elsewhere in this section and in the general exceptions as noted in SCCC 13.10.510, et seq.

Table 13.10.343-1: Industrial Site and Structural Dimensions Chart
Development Standards	Standards by Zone
	M-1	M-2	M-3
Parcel Size and Shape (new parcels)
Minimum gross site area per parcel (square feet)	10,0002	1 acre	Minimum economic unit for mineral extraction
Minimum parcel frontage	60	60	60
Building Massing
Maximum building height	3 stories (40 feet)	3 stories (40 feet)	3 stories (40 feet)
Maximum floor area ratio (FAR)	1.0	1.0	1.0
Building Setback Distance from Property line1,2,3
Front yard setback (feet)	15	25	204
Side yard setback (feet)	10	20	204
Rear yard setback (feet)	10	20	204
Side or rear yard setback, abutting a street (feet)	15	25	254

1. Special setbacks apply for certain parcel locations, per subsection (C) of this section, and exceptions to site development standards may be considered per subsection (D) of this section.

2. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC 15.10.050 and County Design Criteria.

3. See SCCC 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements.

4. Except when pursuant to a mining permit.

(1) Parcels Abutting Residential or Non-Commercial Agricultural Zone Districts.

(a) The minimum front yards are as follows:

District:	M-1	M-2	M-3
Feet:	30	50	50, except as pursuant to a mining permit

(b) The minimum side and rear yards are as follows:

District:	M-1	M-2	M-3
Feet:	50	100	100, except as pursuant to a mining permit

(2) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in a SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.

13.10.344 Special standards and conditions for industrial districts.

(A) M-1 and M-2 Districts—Required Conditions.

(1) Air Pollution. In an M-1 or M-2 District no use shall be permitted which emits any air pollution beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. The provisions of this section relating to air pollution shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.

(2) Smoke. In an M-1 District no use shall be permitted which emits smoke. In an M-2 District no use shall emit visible gray smoke of a shade equal to or darker than No. 2 on a standard Ringelmann Chart issued by the United States Bureau of Mines or smoke of an equivalent opacity, except that smoke of a shade equal to No. 3 on a Ringelmann Chart, or smoke of an equivalent opacity, may be emitted for four minutes in any 30-minute period. The provisions of this section relating to smoke shall not apply to any use maintained in compliance with the conditions of a use permit issued after January 1, 1964, and prior to May 18, 1965.

(3) Solid and Liquid Wastes. No solid or liquid wastes shall be discharged into a public or private sewerage system except in compliance with the regulations prescribed by the Board of Supervisors or by the governing boards of other governmental agencies or in compliance with the regulations of the owner of the system.

(4) Odor. In an M-1 District no use except a temporary construction operation shall be permitted which creates odor beyond the boundaries of the site which is detectable by the human senses without the aid of instruments. In an M-2 District no use except a temporary construction operation or a seasonal fruit or vegetable dehydrating or processing plant shall be permitted which creates odor beyond the boundaries of the site which is found by the Planning Commission to be offensive or which is detectable beyond the boundaries of the M-2 District without the aid of instruments.

(5) Noise. In an M-1 or M-2 District no use except a temporary construction operation shall be permitted which creates noise which is found by the Planning Commission not to conform to the noise parameters established by the Santa Cruz County General Plan beyond the boundaries of the M-1 or M-2 District at standard atmospheric pressure.

(6) Vibration, Heat and Cold, Glare, Electrical Disturbance. No use except a temporary construction operation shall be permitted which creates vibration, changes in temperature, direct or sky-reflected glare, or electrical disturbance which is detectable by the human senses without the aid of instruments beyond the boundaries of the site in an M-1 District or beyond the boundaries of the district in an M-2 District.

(7) Nonconformance With Provisions of This Subsection (A). Any use listed in the industrial uses chart which is located in an M-1 District which is found by the Planning Commission not to comply with the requirements of subsections (A)(1) through (A)(6) of this section shall constitute a nonconforming use. The Planning Commission’s determination that such use is nonconforming shall be made after public hearing is held more than 15 days after written notice to the user.

(8) Actions Necessary to Make a Nonconforming Use Conform. In order for a nonconforming use to be made conforming, a use permit processed at the appropriate level as indicated in the use chart shall be obtained. Application for the use permit must be made within three months of the date the Planning Commission determines the use to be nonconforming. If an application for a use permit has not been filed within the three-month period, the nonconforming use shall thereafter be subject to the abatement proceedings set forth in Chapter 1.14 SCCC; provided, that no additional public hearing shall be required by the Planning Commission prior to making its recommendation to the Board of Supervisors.

(B) Special Findings for High Impact Uses in the M-1 District. Any uses listed as allowed in the M-2 District may be allowed as discretionary uses in the M-1 District; provided, that the approving body makes the following findings in addition to the findings required for a use permit pursuant to Chapter 18.10 SCCC:

(1) That consideration of all the determinable characteristics of the use which is the subject of the application indicates that the use has the same essential characteristics as the permitted uses in an M-1 District with respect to method of operation, type of process, materials, equipment, structures, storage, and appearance;

(2) That the use will not create significantly more vehicular or rail traffic than the volumes normally created by the permitted uses in an M-1 District; and

(3) That the use will not generate odor, fumes, dust, smoke, particles, dirt, refuse, water-carried wastes, noise, vibration, glare, heat, or any other objectionable factor beyond the boundaries of the site, or be unsightly or create a hazard of fire or explosion.

(C) M-3 Districts—Required Findings for Uses Other Than Mineral Extraction. In addition to findings required for a development permit, the approving body shall find that the proposed use is located, or will be conducted in a manner, so as to not preempt the ultimate extraction or use of any rock, sand, gravel, or mineral resource. Special use requirements and standards for mining and related uses in the M-3 Zone District are found in Chapter 16.54 SCCC, Mining Regulations.

(D) Prohibitions. The following uses and activities are prohibited in industrial districts:

(1) Asbestos. In an M-1, M-2, or M-3 District, no use shall be permitted which produces or uses asbestos in any manufacturing process. [Ord. 5423 § 13, 2022; Ord. 4836 §§ 87—89, 2006; Ord. 4496-C §§ 25, 26, 1998; Ord. 3479 § 1, 1983; Ord. 3432 § 1, 1983. Formerly 13.10.345].

13.10.345 Public facilities requirements for industrial districts.

(A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

(B) All requirements of the local sanitation district and water district shall be met. Letters indicating adequate sewer and water service to the project shall be submitted with the project application.

(C) All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).

13.10.346 Other standards and conditions for industrial districts.

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

Table 13.10.346-1: Other Use and Development Standards Applicable to Industrial Districts
Topic	SCCC Section
Nonconforming uses and structures	13.10.260, et seq.
General site standards	13.10.500—13.10.600
Use of nondevelopable land	13.10.671
Use of urban open space land	13.10.672
Design review and site development	13.11
Parking and circulation	13.16
Coastal Zone regulations	13.20
Roadway and roadside improvements	15.10
Environmental and resource protection restrictions	Title 16

[Ord. 5423 § 13, 2022].

Article V. Parks, Recreation and Open Space PR District

13.10.351 Purposes of the Parks, Recreation and Open Space PR District.

In addition to the general objectives of this chapter, the PR District is included in the zoning ordinance to achieve the following purposes:

(A) General. To preserve the County’s undevelopable lands and public park lands as open space; and to protect open space in the County by allowing commercial recreational uses which preserve open space by means of large acreage sites with low intensity uses which are compatible with the scenic values and natural setting of the County; and to preserve agriculture as an open space use.

(B) Commercial Recreation. To provide for commercial recreation facilities and uses which aid in the conservation of open space in the County; to recognize and encourage these uses as a major component in the County’s economy; to provide standards for their development and operation so as to ensure the preservation of open space, an appropriate intensity of uses, adequate public access and services, and proper management and protection of the environment and the natural resources of the County.

(C) State and Federal Parks, Preserves, and Biotic Research Stations. To provide for the State and Federal park lands, preserves and biotic research facilities in the County; to provide density and development standards for such uses consistent with the availability of adequate access and services, land development capacities, agricultural protection, and the preservation of open space.

(D) Local Parks. To recognize existing park sites and to designate and protect those locations designated by the adopted County General Plan for local park use, and to provide development and operation standards for such uses.

(E) Open Space. To designate and to preserve, through careful and limited development and use, those lands designated on the General Plan which are not appropriate for development due to the presence of one or more of the following resources or constraints:

(1) Coastal bluffs and beaches;

(2) Coastal lagoons, wetlands and marshes;

(3) Riparian corridors and buffer areas;

(4) Flood ways and floodplains;

(5) Wooded ravines and gulches which separate and buffer areas of development;

(6) Slopes over 30 percent inside the urban services line; over 50 percent outside the urban services line;

(7) Sensitive wildlife habitat areas and biotic resource areas. [Ord. 3432 § 1, 1983].

13.10.352 Uses in the Parks, Recreation and Open Space PR District.

(A) Allowed Uses. The uses allowed in the Parks, Recreation and Open Space District shall be as provided in the Parks, Recreation, and Open Space Uses Chart below. Certain disallowed uses that were legally established and are preexisting on a parcel may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses. For amendments to a use with a valid discretionary permit, see SCCC 18.10.134.

(B) Use Permits. A discretionary permit for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Parks, Recreation and Open Space Uses Chart. The processing procedures for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(D) Parks, Recreation and Open Space Uses Chart. Allowed uses and permit requirements in the PR zone district are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.
A	Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.

Table 13.10.352-1: Parks, Recreation and Open Space PR Uses Chart
Use	Permit Required1	References and Notes
Parks, Recreation and Open Space
Open Space Uses, Not Involving Permanent Structures, such as:	P
Beach uses
Ecological preserves; wildlife and biotic habitat reserves
Hiking and horseback riding trails
Open space
Parks, state, local and private picnicking facilities
Playgrounds, nonpaved
Sports fields, nonpaved
Watershed management
Recreational support facilities, such as:	CUP-PC	Pursuant to approved master site plan (13.10.355).
Group meeting facilities, including educational and religious facilities
Maintenance facilities
Management offices
Recreational facilities, including swimming pools and appurtenant facilities, picnic shelters, indoor sports facilities, gymnasiums, spas, dressing rooms, club houses, tennis courts, and other paved sports areas
Recreational uses, public and private, such as:	CUP-PC	Pursuant to approved master site plan (13.10.355).
Country clubs
Golf courses
Golf driving ranges
Low intensity commercial recreation facilities primarily involving open space uses, including historic theme parks
Organized camps; group camps; and conference centers pursuant to SCCC 13.10.692
Stables, boarding, and riding
Agriculture and Timber
All CA Zone District uses not otherwise provided in this chart, excluding the following uses which are not allowed in the PR District: agricultural processing, agricultural employee housing, or agricultural service establishment	Same approval as CA Zone District	13.10.312
Timber growing	P
Timber harvesting	P	Outside the Coastal Zone only.
Commercial Sales and Services
Commercial retail and service uses, such as:	CUPA	Pursuant to approved master site plan (13.10.355).
Art galleries
Boat sales, rentals, and services
Day care centers
Food stores; convenience stores
Gift shops
Laundries, self-service
Marine services
Recreational equipment sales, rentals, and services
Restaurants; sandwich shops; snack bars; cafes
Commercial structures over 10,000 square feet	CUP-PC
Outdoor ATM	AUPA
Community Facilities
Community centers 10,000 square feet or less	CUP
Community centers over 10,000 square feet	CUP-PC
Museums	CUP-PC
Restrooms, public	AUP
Infrastructure and Utilities
Energy cogeneration	MUP	13.10.700-C
Utilities, such as:	CUP	13.10.700-M
Drainage and flood-control facilities
Microgrids
Radio, television and communications antennas, transmission towers, and related equipment
Wireless communication facilities	P/CUP	Subject to 13.10.660 through 13.10.664, inclusive
Research
Research facilities for biotic and wildlife observation, research, and education	AUP/CUP	AUP for structure up to 5,000 sf.; CUP for structure >5,000 sf. Pursuant to approved master site plan (13.10.355).
Residential Units
One single-family dwelling	AUP	Chapter 15.01
One single-family dwelling on property designated urban open space	CUP	13.10.672; Chapter 15.01
Accessory dwelling unit (ADU)	P/MUP	P outside coastal zone; MUP inside coastal zone. 13.10.681
Junior ADU	P	13.10.681
Accessory structures (habitable and non-habitable) incidental to a residential use	MUPA	13.10.611
Dwelling units, associated with an open space or private recreational facility for the owner or lessee of the land or for staff, a caretaker, watchman, or manager of the property	AUPA	13.10.353(B)
Expansion of dwelling units in organized camps and recreational support facilities up to a cumulative total of an additional 500 square feet per unit	MUP	13.10.692
Residential Units—Commercial Uses (Ancillary to Residential Use)
Family (child) day care homes	PA	Serving up to 14 children (see 13.10.700-D). 13.10.613
Home occupations	PA/CUPA	See 13.10.613 to determine when a CUP is required.
Hosted rentals	ZCA	Hosted rental permit required per 13.10.690.
Vacation rentals	MUPA/CUPA	MUP for new rentals with 3 or fewer bedrooms. AUP for renewals. CUP for new rentals with more than 3 bedrooms. Vacation rental permit required per 13.10.694.
Visitor Accommodation
Type A, such as: hotels, inns, motels, “bed and breakfast inns”	CUP	13.10.689 (density requirements) 13.10.691
Type B, such as: group quarters, tent camping, recreational vehicle camping	CUP	13.10.689 (density requirements) 13.10.692

1 Table indicates use permits only. Other discretionary permits may be required. For uses on land acquired by the State Department of Parks and Recreation for state park system purposes, see Public Resources Code Section 5003.17(a).

(E) Use Conditions.

(1) Amplified Entertainment. A CUP is required for outdoor amplified entertainment.

(a) Twenty-four-hour outdoor ATMs attached to banks, credit unions or grocery stores shall not be subject to a CUP if the following criteria are met:

(i) Safety lighting is screened so as not to cast direct light on any dwelling unit; and

(ii) Physical maintenance of the ATM is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.

(4) Outdoor Storage. Outdoor storage of stock-in-trade is allowed subject to an AUP; provided, that the storage area is adequately screened from view from adjacent parcels.

(5) Signage. Signage may be allowed per SCCC 13.10.582, subject to an MSP per SCCC 13.11.037.

(6) Temporary/seasonal use, including temporary outdoor seating, may be allowed pursuant to a temporary use permit (TUP), subject to SCCC 13.10.616.

(7) Additional conditions for specific uses are found in other sections of the County Code as referenced in the Parks, Recreation and Open Space Uses Chart. [Ord. 5439 § 5, 2023; Ord. 5423 § 14, 2022; Ord. 5402 § 5, 2022; Ord. 5382 § 3, 2021; Ord. 5372 § 6, 2021; Ord. 5365 § 3, 2021; Ord. 5345 § 3, 2020; Ord. 5326 § 12, 2020; Ord. 5325 § 12, 2020; Ord. 5266 § 4, 2018; Ord. 5229 § 3, 2016; Ord. 5092 § 3, 2011; Ord. 4921 § 11, 2008; Ord. 4873 § 4, 2007; Ord. 4814 § 3, 2006; Ord. 4808 § 19, 2005; Ord. 4770 § 7, 2004; Ord. 4744 § 7, 2003; Ord. 4715 § 7, 2003; Ord. 4577 § 7, 1999; Ord. 4496-C §§ 27, 28, 1998; Ord. 4346 § 23, 1994; Ord. 4099 § 4, 1990; Ord. 4036 § 5, 1989; Ord. 3968 § 1, 1988; Ord. 3593 § 10, 1984; Ord. 3432 § 1, 1983].

13.10.353 Development standards in the Parks, Recreation and Open Space PR District.

(1) Design review is required for some site development permits pursuant to SCCC 13.11.040 through 13.11.080.

(B) Site and Structural Dimensions Chart. The following development standards shall apply within the PR District.

Table 13.10.353-1: PR Site and Structural Dimensions Chart1,2
Minimum Site Area (net developable acres)	Minimum Site Width (feet)	Minimum Site Frontage (feet)	Minimum Building Setback Distance From Property Line3 (feet)	Maximum Building Height (feet)
20	100	60	30 (Front, Side, Rear Yards)	28

1. For single-family dwellings and accessory structures, the district development standards shall be the same as those contained in SCCC 13.10.323 pertaining to residential districts and shall further be based on the size of the parcel for purposes of applying SCCC 13.10.323(B). Accessory dwelling units shall be subject to the site and structural dimensions in SCCC 13.10.681.

2. Certain land uses may have special development standards per SCCC 13.10.355.

3. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. See SCCC 15.10.050 and County Design Criteria.

(1) The purpose of the PR District to preserve open space in the County shall be strictly adhered to.

(2) Except as provided in subsection (A) of this section, Footnote (1), development in the PR District shall be allowed as follows:

(a) Ten percent of the net developable acreage of the property may be disturbed by improvements of a structural nature, including all habitable buildings and accessory structures.

(b) Twenty percent of the gross acreage of the property may be disturbed by improvements of a nonstructural nature involving impervious surfaces, including roads, paved play areas, tennis courts, patios, and swimming pools.

(c) Eighty percent of the gross acreage of the property shall be retained in open space, which may include nonpaved RV sites, paddocks, nonpaved play fields, picnic areas, and hiking and horseback riding trails.

(D) Minimum Site Area for Commercial Recreation. The minimum area for the development of new commercial recreation uses shall not be less than 20 acres. For the purposes of this section commercial recreation includes such uses as: organized and group camps, conference centers, amusement parks such as Roaring Camp, golf courses, commercial stables, commercial beaches, and visitor accommodations such as RV parks. [Ord. 5423 § 14, 2022; Ord. 5326 § 13, 2020; Ord. 5325 § 13, 2020; Ord. 5119 § 25, 2012; Ord. 4836 § 90, 2006; Ord. 4496-C § 29, 1998; Ord. 4416 § 7, 1996; Ord. 4406 § 7, 1996; Ord. 3968 § 2, 1988; Ord. 3432 § 1, 1983].

13.10.354 Special standards and conditions for the Parks, Recreation and Open Space PR District.

(A) Master Site Plan Requirements.

(1) Master Site Plans. Prior to or concurrently with the approval of any new or expanded use for which a conditional use permit approval is required in the Parks, Recreation and Open Space PR District, a development permit for a master site plan shall be approved by the Zoning Administrator or Planning Commission. Master site plans for public agency facilities shall be subject to approval by the Planning Commission. Such approval shall be accompanied by a finding of General Plan consistency pursuant to Section 65402 of the California Government Code.

(2) Master Site Plan Elements. The master site plan shall include:

(a) A description of all proposed uses;

(b) Proposed immediate and future phases of construction;

(d) Provisions for adequate access and public services; and

(e) A management plan for the conservation and use of the open space resource.

(3) Environmental Review. The adoption or amendment of a master site plan is a “project” within the meaning of CEQA and is subject to environmental review.

(4) Development Permit Approval. Site and facility development permits, when applied for pursuant to an approved master site plan, may be processed as an administrative site development permit approval or according to an over-the-counter staff review specified by the conditions of the master site plan planned development permit approval.

(B) Agricultural Land Conservation. The following conditions shall apply to all development plans and projects within the PR District in the Coastal Zone:

(1) The maximum amount of prime agricultural land shall be retained in agricultural production;

(2) A site-specific justification with regard to maximum public benefit shall be required for removing agricultural lands from production or for not offering lands capable of farm production for lease; and

(3) The regulations and requirements of Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, and the General Plan and Local Coastal Program Land Use Plan policies pertaining to agricultural resource lands, shall apply to all agricultural resource lands within the PR District.

(1) Permits for Type A facilities and tent and RV camping sites shall be reviewed and conditioned as provided in SCCC 13.10.689.

(2) Permit conditions for hostels and group quarters shall be as follows:

(a) The permit shall run with the property owner and shall not be transferred without a permit amendment;

(b) A management plan shall be submitted to the Planning Director for review and approval prior to the issuance of a building permit or occupancy of an existing structure for this use;

(c) An annual report shall be prepared and submitted by the owner or their agent to the Planning Director to substantiate the occupancy and other conditions of this permit; and

(d) The site is subject to an annual inspection for which a fee, set by the Board of Supervisors, may be charged. [Ord. 5423 § 14, 2022; Ord. 5171 § 4, 2014; Ord. 3432 § 1, 1983. Formerly 13.10.355].

13.10.355 Public facilities requirements for Parks, Recreation and Open Space PR District.

(A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

(B) All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.

(C) All improvement requirements and impact fees for community facilities shall be met where required by district or section regulations (SCCC Title 15). [Ord. 5423 § 14, 2022].

13.10.356 Other standards and conditions for the Parks, Recreation and Open Space PR District.

Other use and development standards applicable to the Parks, Recreation and Open Space District include but are not limited to the following provisions of the SCCC:

Table 13.10.356-1: Other Use and Development Standards Applicable to the PR District
Topic	SCCC Section
Nonconforming uses and structures	13.10.260, et seq.
General site standards	13.10.500—13.10.600
Use of non-developable land	13.10.671
Use of urban open space land	13.10.672
Commercial visitor accommodation	13.10.689
Organized camps and conference centers	13.10.692
Design review and site development	13.11
Parking and circulation	13.16
Coastal Zone regulations	13.20
Roadway and roadside improvements	15.10
Environmental and resource protection restrictions	Title 16

[Ord. 5423 § 14, 2022].

Article VI. Public and Community Facilities PF District

13.10.361 Purposes of the Public and Community Facilities PF District.

In addition to the general objectives of this chapter, the Public and Community Facilities PF District is included in the Zoning Ordinance to achieve the following purposes:

(A) To provide areas for public and quasi-public community facilities, including public and private institutions providing an essential public service or facility; and

(B) To regulate the use of land for public and community facilities with regard to their locations, design, service areas, and range of uses, so that they will be compatible with adjacent development, will maintain high standards of urban design, and will be compatible with and will protect the natural resources and environmental quality of the County. [Ord. 5423 § 15, 2022; Ord. 3432 § 1, 1983].

13.10.362 Uses in the Public and Community Facilities PF District.

(A) Allowed Uses. The uses allowed in the Public and Community Facilities District shall be as provided in the Public and Community Facilities Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses.

(B) Use Permits. A discretionary approval for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Public and Community Facilities Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(D) Public and Community Facilities Uses Chart. Allowed uses and permit requirements in the PF zone district are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.
A	Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.

Table 13.10.362-1: Public and Community Facilities Uses Chart
Use	Permit Required1	References and Notes
Animal Services
Animal shelter	CUP-PC	13.10.641—13.10.646
Animal keeping and animal enclosures such as stables	AUPA	13.10.645
Community Services and Facilities
ATM (outdoor)	AUP	No use permit required for indoor ATM.
Community center or service organization (spaces and programs open to the public)	AUP/CUP-PC	CUP-PC required for structures over 10,000 square feet.
Community garden/urban agriculture	P	Does not include cannabis cultivation.
Conference facility/auditorium/event hall	CUP/CUP-PC	No overnight accommodation. CUP-PC required for structures over 10,000 square feet.
Day care center (not including family day care)	AUP/CUP-PC	See SCCC 13.10.700-D. See “Dwellings—Commercial Uses” section of this chart for family day care use. CUP-PC required for structures over 10,000 square feet.
Employment training and services, day worker center	AUP/CUP-PC	CUP-PC required for structures over 10,000 square feet.
Emergency shelter	P	See SCCC 13.10.364(A), 13.10.700-E.
Farmer’s market or other regular community event	AUP
Fire or police station, ambulance service	AUP
Funeral/burial services (funeral home, columbarium, crematory, cemetery)	CUP
Hospital, medical clinic, or medical laboratory	CUP-PC	AUP for medical clinics and dry laboratories with no ambulance service or overnight stay. See SCCC 13.10.365(B), 13.10.700-L.
Medical mixed-use	CUP-PC	See SCCC 13.10.365(B).
Library or museum	AUP/CUP-PC	CUP-PC required for structures over 10,000 square feet.
Religious institution	AUP/CUP-PC	CUP-PC required for structures over 10,000 square feet.
Park	CUP/CUP-PC	CUP-PC required for park over 10,000 square feet.
Public administration office (County government and other public agencies)	MUP
Public restrooms	MUP
School	AUP
Entertainment, Fitness and Recreation
Fitness center (gym, club, exercise studio)	CUPA/CUP-PC	For bath, sauna, non-medical massage, see Chapter 5.08 SCCC and SCCC 13.10.623. CUP-PC required for structures over 10,000 square feet.
Open space uses (picnic facilities, playgrounds, trails, open space)	AUP	No permanent structures allowed for open space uses.
Private club or lodge	AUP/CUP-PC	CUP-PC required for structures over 10,000 square feet.
Recreational facility—Outdoor (structures are allowed; use occurs primarily outdoors. Example: fairgrounds, sports courts and fields, golf course, flea market, mini-golf, amusement park, pool)	CUP/CUP-PC	See SCCC 13.10.652; 13.10.654. Bath, sauna, non-medical massage allowed as accessory uses. See Chapter 5.08 SCCC and SCCC 13.10.623. CUP-PC required for facilities over 10,000 square feet.
Tourist services (information, tickets)	MUP	13.10.700-T
Infrastructure and Utilities
Energy cogeneration	MUP	13.10.700-C
Parking for off-site uses	AUP	13.16.050, et seq.
Transit station	CUP
Utility facility	AUP	Includes private and public utilities and microgrids (see SCCC 13.10.700-M).
Waste disposal facility, including refuse processing, recycling, transfer, and disposal	CUP-PC
Wireless communication facilities	P/CUP	Subject to SCCC 13.10.660 through 13.10.664, inclusive
HOUSING
Institutional Housing and Care Facilities
Skilled nursing facility, residential care facility for the elderly, continuing care retirement community with less than 100 occupants, health care facility	AUP	13.10.700-C, 13.10.700-R, 13.10.700-S
Continuing care retirement community with over 100 occupants	CUP-PC	13.10.700-C, 13.10.700-R, 13.10.700-S
Residential care home serving 6 or fewer residents	P	13.10.700-R
Group quarters	CUP	Does not include emergency shelters.
Residential Units
Accessory dwelling units (ADUs) and junior accessory dwelling units (JADUs)	PA	See SCCC 13.10.681. Must be ancillary to primary dwelling(s). JADUs only allowed with single-family dwellings.
Affordable rental housing	CUP-PC	See SCCC 13.10.364(D). CUP for fewer than 5 units.
School employee housing	CUP-PC	See SCCC 13.10.364(D), 13.10.700. CUP for fewer than 5 units.
Manager’s unit (caretaker unit, parsonage)	MUPA	Limit of two units.
Medical mixed-use housing	CUP	See SCCC 13.10.364(B).
Other residential uses	MUPA/CUPA	Must be ancillary to public facilities uses. MUP for one single-family home, CUP for more than one unit. Maximum residential density Inside the USL/RSL: Urban Medium General Plan designation Outside the USL/RSL: 2.5–20 acres/unit (per Chapter 13.14 SCCC)
Residential Units—Commercial Uses (ancillary to residential use)
Family (child) day care home	PA	Serving up to 14 children 13.10.700-D, 13.10.613.
Home occupations	PA/CUPA	See SCCC 13.10.613 to determine when a CUP is required.
Hosted rentals	ZCA	Hosted rental permit required per SCCC 13.10.690. Vacation rentals (SCCC 13.10.694) are not allowed.

1. Table indicates use permits only. Other discretionary permits may be required.

(E) Use Conditions.

(1) Amplified Entertainment. A CUP is required for outdoor amplified entertainment, subject to noise regulations as specified in Chapters 8.30 and 13.15 SCCC.

(a) Twenty-four-hour outdoor ATMs attached to banks, credit unions, or grocery stores shall not be subject to a CUP if the following criteria are met:

(i) Safety lighting is screened so as not to cast direct light on any dwelling unit; and

(ii) Physical maintenance of the ATM is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.

(3) Signage. Signage may be required or allowed per SCCC 13.10.581, subject to an MSP per SCCC 13.11.037.

(4) Temporary/seasonal use, including temporary outdoor seating, may be allowed pursuant to a temporary use permit (TUP), subject to SCCC 13.10.616.

(5) Additional conditions for specific uses are found in other code sections as referenced in the Public and Community Facilities District uses chart. [Ord. 5439 § 6, 2023; Ord. 5423 § 15, 2022; Ord. 5402 § 6, 2022; Ord. 5326 § 14, 2020; Ord. 5325 § 14, 2020; Ord. 5320 § 1, 2019; Ord. 5083 § 1, 2010; Ord. 4814 § 4, 2006; Ord. 4808 § 20, 2005; Ord. 4770 § 8, 2004; Ord. 4744 § 8, 2003; Ord. 4715 § 8, 2003; Ord. 4577 § 8, 1999; Ord. 4346 § 24, 1994; Ord. 3432 § 1, 1983].

13.10.363 Development standards in the Public and Community Facilities PF District.

(A) Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel or new construction associated with an allowed use is known as a “site development permit.” SCCC 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(1) Design review is required for some site development permits pursuant to SCCC 13.11.040 through 13.11.080.

(B) Site and Structural Dimensions Chart. The following development standards shall apply within the Public and Community Facilities PF Zone District, except as noted elsewhere in this section and in the general exceptions as noted in SCCC 13.10.510, et seq.

Table 13.10.363-1: PF Site and Structural Dimensions Chart
Parcel Size and Shape (new parcels)
Minimum gross site area per parcel	As necessary to accommodate use
Minimum parcel frontage	60 feet
Building Massing
Maximum building height	3 stories (40 feet)
Lot coverage	40—95% of gross parcel area
Building Setback Distance from Property line1,2,3
Front yard setback (feet)	10 feet
Side yard setback (feet)	5 feet
Side yard setback, corner lot street side (feet)	10 feet
Rear yard setback (feet)	5 feet
Residential Open Space
Minimum 50 square feet open space per dwelling, including any combination of private/common open space.	Private: Minimum dimensions 6 feet x 6 feet Common: Minimum dimensions 15 feet x 10 feet

1. Special setbacks apply for certain parcel locations, per subsection (C) and (D) of this section, and exceptions to site development standards may be considered per subsection (E) of this section. Certain land uses may have special development standards per SCCC 13.10.364.

(1) Parcels abutting agricultural uses: see Chapter 16.50 SCCC regarding setback/buffer requirements.

(2) Parcels abutting or across the street from residential or non-commercial agricultural zone districts.

(a) The minimum side or rear yard abutting or across the street from an RM or RF district shall be 10 feet.

(b) The minimum side or rear yard abutting an R-1 or A district shall be 15 feet.

(c) Third floor setbacks. Minimum 50 percent of third floor exterior walls must be set back an additional 10 feet from the front, side, and rear yard setback lines.

(D) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in a SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.

(E) Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC 13.10.235) or variance (SCCC 13.10.230). [Ord. 5423 § 15, 2022; Ord. 5326 §§ 15, 16, 2020; Ord. 5325 §§ 15, 16, 2020; Ord. 5083 § 4, 2010; Ord. 4836 § 91, 2006; Ord. 4496-C § 31, 1998; Ord. 4314 § 5, 1994; Ord. 3432 § 1, 1983].

13.10.364 Special standards and conditions for the Public and Community Facilities PF District.

(A) Emergency Shelters. Emergency shelters shall be permitted without additional discretionary review, subject to the following conditions:

(1) The maximum number of clients that may be served on a nightly basis shall be that number which can be accommodated in the facility while meeting the requirements of the California Fire Code, and in no case shall this number exceed 75.

(2) No individual or household may be denied emergency shelter because of an inability to pay for accommodation.

(3) Parking shall be provided at a rate of one space per seven beds, plus one space for each awake overnight staff person.

(a) A lower parking requirement may be approved under the provisions of Chapter 13.16 SCCC.

(4) The client intake area must provide a minimum of two square feet of space per client based on the number of clients expected on a nightly basis. Intake areas shall be oriented toward the interior of the site whenever possible, so as to minimize spillover of waiting clients to neighboring properties or the public street, and may include a combination of both indoor and outdoor space.

(5) On-site management shall be provided during all hours of operation as described below, and all operators must ensure that an operations manual that includes, at a minimum, the following components is available to staff at all times:

(a) Awake overnight supervision procedures and practices. A minimum of one awake overnight staff person for every 45 clients shall remain on site during operation hours. If shelters serve fewer than 45 clients on a given night, a minimum of one awake overnight staff person shall be required. Additionally, all supervision staff shall be trained in first aid and CPR;

(b) Emergency evacuation procedures;

(d) Process for providing referrals to other agencies or organizations serving the client population including drug treatment, mental health, hygiene, and healthcare services not otherwise provided on site; and

(e) Facility maintenance and site management.

(6) Interior and exterior lighting shall provide for the safety of staff and clients, while minimizing impacts on neighboring properties.

(a) All exterior lighting shall include cut-offs that prevent light from extending beyond the boundaries of the property.

(b) Interior lighting shall include exit-path lighting in sleeping and living areas, and full lighting of all bathroom and washroom areas.

(7) Emergency shelter facilities shall maintain a safe and secure environment, ensuring the safety of all staff and clients, as well as a secure location for valuables, such as a locker for each client or a locked room for storing valuables and medication during sleeping hours, including a location for medications that must be refrigerated.

(8) New emergency shelters with proposed building envelopes within 50 feet of a mapped scenic resource or a slope exceeding 30 percent will require a CUP approval. Existing structures converted to use as emergency shelters will not be subject to this requirement.

(9) Exceptions to the above standards for emergency shelters may be considered with a CUP approval.

(B) Hospitals, Medical Office Buildings, and Mixed-Use Medical Developments. Within the urban services line on properties greater than or equal to five acres, hospitals, medical office buildings, and mixed-use medical developments shall be subject to the following special development standards:

(1) Lot coverage 50 to 95 percent; and

(2) Maximum building height of 60 feet (not to exceed four stories).

Mixed-use medical developments must have a medical facility as the primary use, constituting at least 50 percent of gross building square footage. The remaining square footage may be commercial and/or residential land use. Commercial uses may include offices, neighborhood/community sales and services, and eating and drinking establishments listed in SCCC 13.10.332(D), Commercial Uses Chart. Maximum residential density shall be per the Urban High Flex General Plan designation.

(C) Accessory Dwelling Units (ADUs). ADUs shall be subject to the use and development standards in SCCC 13.10.681. Where there are conflicts between this section and SCCC 13.10.681, SCCC 13.10.681 shall take precedence.

(D) School Employee Housing and Affordable Rental Housing.

(1) Definitions. As used in this article, Public and Community Facilities PF District, the following phrases are defined as follows:

(a) “Affordable rental housing” means a multifamily rental housing project in which all the units, except for a manager’s unit, are affordable to and restricted to occupancy by lower-income households as defined in Title 25 of the California Code of Regulations, Section 6928. Affordable rental housing projects may be located on a site in the PF District within the USL or RSL. The housing shall be developed and operated by a qualified 501(c)(3) non-profit organization and restricted for lower-income housing use for a term of at least 55 years, pursuant to a recorded rent regulatory agreement with the County. The project may not be subdivided into individual condominium units for sale.

(b) “School employee housing” means multifamily rental housing for employees of the school district or private school (“school entity”) that owns the housing project. The rental units may be designed for occupancy by an individual employee of the school entity, or by an employee and their family or household, or a combination of unit types. School employee housing shall be located on sites that are owned by a school entity, and located in the PF District. The project may not be subdivided into individual condominium units for sale.

(2) Residential Density. The density allowed for school employee housing and affordable rental housing shall be to the density range for the Urban High General Plan land use designation. The appropriate number of units shall be determined for each project, based upon an analysis of the adequacy of services and infrastructure that exists or that will be provided concurrent with development to support the proposed number of residential units and protection of environmental resources pursuant to SCCC Title 16. As a public/quasi-public use, school employee housing proposed on PF District sites located outside the URL and RSL is not subject to residential density determinations in Chapter 13.14 SCCC, Rural Residential Density Determinations.

(a) If necessary, in order to finance the development of school employee rental housing, allow the creation of a new parcel boundary encompassing the development envelope of the proposed school employee rental housing to create a new legal parcel separate from the larger school property. A condominium map or subdivision map proposed to create a separate condominium or single-family parcel for each school employee housing unit will be subject to the Rural Density Matrix, where applicable, and to minimum parcel size requirements in the General Plan.

(3) Application Requirements. Applications for school employee housing and affordable rental housing require discretionary approval as provided in the PF Uses Chart and are subject to environmental review under State law. As required pursuant to the General Plan, Chapters 7.38, 7.70, 7.71, 7.73 SCCC, SCCC Title 16, and other applicable laws and regulations, applications shall include information to demonstrate that adequate services and infrastructure, such as water supply, sewage disposal, fire protection, and roads, are available or will be provided concurrently with development. The County or applicable special district may require additional supplemental material and reports such as traffic studies, environmental reports, evaluation of potential impacts to water systems, and certification by the Environmental Health Services Division of the County Health Services Agency and the fire protection agency as needed to demonstrate compliance with laws and regulations requiring protection of public health and safety and environmental resources including riparian areas and other sensitive habitats, water quality, and provision of appropriate drainage and erosion control. [Ord. 5423 § 15, 2022; Ord. 5320 § 2, 2019; Ord. 3432 § 1, 1983. Formerly 13.10.365].

13.10.365 Public facilities requirements for the Public and Community Facilities PF District.

(A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

(B) All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.

(C) All improvement requirements and impact fees for community facilities shall be met where required by district or section regulations (SCCC Title 15). [Ord. 5423 § 15, 2022].

13.10.366 Other standards and conditions for the Public and Community Facilities PF District.

Other use and development standards applicable to the Public and Community Facilities Zone District include but are not limited to the following provisions of the SCCC:

Table 13.10.366-1: Other use and development standards applicable to the PF District
Topic	SCCC Section
Nonconforming uses and structures	13.10.260, et seq.
General site standards	13.10.500—13.10.600
Use of nondevelopable land	13.10.671
Use of urban open space land	13.10.672
Design review and site development	13.11
Parking and circulation	13.16
Coastal Zone regulations	13.20
Roadway and roadside improvements	15.10
Environmental and resource protection restrictions	Title 16

[Ord. 5423 § 15, 2022].

Article VII. Timber Production TP District

13.10.371 Purposes of the Timber Production TP District.

In addition to the general objectives of this chapter, the TP District is included in the zoning ordinance to achieve the following purposes:

(A) To protect and maintain the timberland of the County through regulation of timberland use; to establish a zone district consistent with the mandates of the California Timberland Productivity Act of 1982; to protect the health, safety and welfare of the people of Santa Cruz County; and to preserve agriculture and other open space uses where compatible with timberland uses. [Ord. 4873 § 5, 2007; Ord. 3632 § 11, 1985; Ord. 3432 § 1, 1983].

13.10.372 Uses in the Timber Production TP District.

(A) Allowed Uses. The uses allowed in the Timber Production District shall be as provided in the Timber Production Uses Chart below. Certain disallowed uses that were legally established and are preexisting on a parcel may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses. For amendments to a use with a valid discretionary permit, see SCCC 18.10.134.

(B) Use Permits. A discretionary permit for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Timber Production uses chart. The processing procedures for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(C) Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC 13.11.035, a coastal development permit pursuant to SCCC 13.20.050, or other discretionary review.

(D) Timber Production Uses Chart. Allowed uses and permit requirements in the TP Zone District are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.

All discretionary nontimber uses in the TP Zone District shall be compatible with the growing and harvesting of timber as supported by a compatibility analysis, pursuant to SCCC 13.10.375(A).

KEY:
P	Permitted by right: Use is allowed without a use permit.
ZC	Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP	Minor Use Permit: Discretionary permit, no public notice.
AUP	Administrative Use Permit: Discretionary permit with public notice.
CUP	Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.
MP	Mining permit issued in accordance with Chapter 16.54 SCCC, Mining Regulations.
A	Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.

Table 13.10.372-1: Timber Production TP Uses Chart
Use	Permit Required1	References and Notes
Timber Production
Timber: Growing, harvesting: the cutting and removal of timber and other forest products, and incidental work	P
Accessory structures, non-habitable, when incidental to timber production or agricultural use	PA	13.10.312 16.22.060
Watershed management; habitat management, fish, and wildlife; in addition to timber harvesting	P
Agriculture
Agricultural uses allowed by right in the CA Zone District (except as noted below):	P	13.10.312
Agricultural research and development facility	CUP	13.10.644
Agricultural employee housing, up to 12 units or 36 beds; caretaker unit	MUP	13.10.631
Greenhouses 500 sf or larger	MUP	13.10.636
Commercial stable or riding academy	CUP	13.10.644
Agricultural uses allowed with a use permit in the CA Zone District	CUP	13.10.312
Conversion of timberland to agricultural uses not exceeding 10 percent of the total timber area on the parcel	CUP	13.10.312
Commercial Cannabis Cultivation, Manufacturing, and Distribution All uses subject to SCCC 13.10.650 (non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC.
Indoor cultivation (including greenhouses): outside the coastal zone and 1-mile buffer	AUP/ CUP	AUP for Class CG licensed cultivation activities. CUP for other indoor cultivation. Pre-existing legal commercial use must exist on site. Commercial cannabis cultivation not permitted in the Coastal Zone and 1-mile buffer.
Outdoor cultivation (or new or existing hoop houses): outside the coastal zone and 1-mile buffer	AUP/ CUP	AUP for Class CG licensed cultivation activities <500 sf. CUP for other outdoor cultivation. Pre-existing legal commercial use must exist on site. Commercial cannabis cultivation not permitted in the Coastal Zone and 1-mile buffer.
Water tank	MUPA	Pre-existing legal commercial use must exist on site.
Manufacturing, Class 1 or 2 (outside the Coastal Zone and 1-mile buffer)	MUP/ CUP	MUP if manufacturing involves cannabis cultivated on site. Otherwise, CUP required. Pre-existing legal commercial use must exist on site. Class 1 or 2 manufacturing not permitted in the Coastal Zone and 1-mile buffer. Class 3 manufacturing not permitted anywhere in the TP district.
Distribution, Class 1 (outside the Coastal Zone and 1-mile buffer)	MUP/ CUP	CUP for cannabis distribution in new structures, MUP for existing structures. Pre-existing legal commercial use must exist on site. Class 1 distribution not permitted in the Coastal Zone and 1-mile buffer. Class 2 manufacturing not permitted anywhere in the TP district.
Distribution, transport only	P	Pre-existing legal commercial use must exist on site.
Other Commercial, Infrastructure and Utility Uses
Energy cogeneration	CUP	13.10.700-C
Mining: mineral production and quarry operations	MP	Chapter 16.54
Research facilities for wildlife observation and research	CUP
Septic tank sludge disposal sites that are approved by the Health Officer	AUP	Chapter 7.42
Utility facility	CUP	Includes private and public utilities and microgrids. 13.10.700-M
Wireless communication facilities	P/CUP	Subject to SCCC 13.10.660 through 13.10.664, inclusive
Residential Units
One single-family dwelling per existing parcel of record	P/MUP	P outside coastal zone; MUP inside coastal zone.
Dwelling groups of single-family dwellings	CUP/ CUP-PC	CUP for 1—2 dwelling units. CUP-PC for >2 dwelling units. See SCCC 13.10.373 for density requirements.
Accessory dwelling units (ADUs) or junior accessory dwelling units; (JADUs)	PA/MUPA	P outside coastal zone; MUP inside coastal zone. A compatibility analysis is required pursuant to SCCC 13.10.375(A). 13.10.681
Accessory structures (habitable and non-habitable) incidental to a residential use	PA	13.10.611
Mobile home, temporary, for not more than five years for a caretaker or watchman in isolated areas on a minimum of 10 acres	MUPA
Residential Units—Commercial Uses (ancillary to residential use)
Family day care homes	PA	Serving up to 14 children (see SCCC 13.10.700-D). 13.10.613
Home occupations	PA/CUPA	See SCCC 13.10.613 to determine when a CUP is required.
Hosted rentals	ZCA	Hosted rental permit required per SCCC 13.10.690.
Vacation rentals	AUPA/ CUPA	AUP for new rentals with 3 or fewer bedrooms. AUP for renewals. CUP for new rentals with more than 3 bedrooms. Vacation rental permit required per SCCC 13.10.694.
Recreation and Visitor Accommodation
State parks	CUP	13.10.351, et seq.
Organized camps and facilities for outdoor recreational, educational, religious activities	CUP	13.10.351, et seq. 13.10.689 13.10.692
Bed and breakfast inns, limited to one inn per 40 acres	CUP	Access road must be approved by the responsible fire-protection agency. 13.10.689 13.10.691
Small-scale commercial visitor accommodation, in the Coastal Zone, upon conversion of existing structure	CUP	13.10.689 13.20

1. Table indicates use permits only. Other discretionary permits may be required.

(E) Use Conditions.

(1) Amplified Entertainment. A CUP is required for outdoor amplified entertainment.

(3) Temporary/seasonal use: allowed pursuant to a temporary use permit (TUP), subject to SCCC 13.10.616.

(4) Additional conditions for specific uses are found in other sections of the County Code as referenced in the Timber Production Uses Chart. [Ord. 5439 § 7, 2023; Ord. 5423 § 16, 2022; Ord. 5402 § 7, 2022; Ord. 5382 § 4, 2021; Ord. 5365 § 4, 2021; Ord. 5345 § 4, 2020; Ord. 5336 § 6, 2020; Ord. 5334 § 6, 2020; Ord. 5326 § 17, 2020; Ord. 5325 § 17, 2020; Ord. 5272 § 6, 2018; Ord. 5266 § 5, 2018; Ord. 5229 § 4, 2016; Ord. 5092 § 4, 2011; Ord. 4873 § 6, 2007; Ord. 4836 §§ 92, 93, 2006; Ord. 4814 § 5, 2006; Ord. 4808 § 21, 2005; Ord. 4770 § 9, 2004; Ord. 4744 § 9, 2003; Ord. 4715 § 9, 2003; Ord. 4577 § 9, 1999; Ord. 4496-C § 33, 1998; Ord. 4099 § 5, 1990; Ord. 4036 § 6, 1989; Ord. 3893 § 2, 1988; Ord. 3842 § 2, 1987; Ord. 3747 § 1, 1986; Ord. 3632 § 11, 1985; Ord. 3593 § 11, 1984; Ord. 3432 § 1, 1983].

13.10.373 Development standards for the Timber Production TP District.

(1) Design review is required for some site development permits pursuant to SCCC 13.11.040–13.11.080.

(B) Site and Structural Dimensions Chart. The following development standards shall apply within the TP District, except as noted elsewhere in this section or in the general exceptions as noted in SCCC 13.10.510, et seq.

Table 13.10.373-1: TP Site and Structural Dimensions Chart1
Minimum Site Width (feet)	Minimum Parcel Frontage (feet)	Minimum Building Setback Distance from Property Line (feet)			Maximum Lot Coverage	Maximum Building Height (feet)
Minimum Site Width (feet)	Minimum Parcel Frontage (feet)	Front Yard	Side Yard	Rear Yard	Maximum Lot Coverage	Maximum Building Height (feet)
100	60	40	20	20	10%	28

1. Exceptions to these standards for single-family residential development may be found in SCCC 13.10.323.

(1) Parcels zoned as timber production under this chapter may not be subdivided into parcels containing less than 160 acres unless the owner submits a joint timber management plan prepared or approved as to content by a registered professional forester. The individual designated as possessor of timber rights on the property shall enter into a binding contract with the Board of Supervisors to manage and harvest timber on the timberland and to abide by the provisions of the timber management plan. Any such division shall require approval by a four-fifths vote of the Board of Supervisors. (See Table 13.10.373-2).

(2) Outside the Coastal Zone, no land division shall create parcels smaller than 40 acres, and inside the Coastal Zone smaller than 160 acres, except pursuant to an approval by the Board of Supervisors at a noticed public hearing that conforms to the conditional densities and special findings required by this section and SCCC 13.10.375. (See Table 13.10.373-2.)

(3) Other regulations regarding minimum parcel sizes are found in SCCC 13.10.510(G).

(D) Maximum Residential Density. Residential density shall not exceed: one dwelling unit per 10 acres outside the Coastal Zone, and one dwelling unit per 40 acres inside the Coastal Zone. In addition, the maximum residential density shall conform to the General Plan and Chapter 13.14 SCCC, rural residential density determination matrix. (See Table 13.10.373-2.)

Table 13.10.373-2: Summary Parcel Size and Density Chart
	Outside Coastal Zone	Inside Coastal Zone
Timber management plan required if parcels will be smaller than	160 acres	160 acres
Smallest parcels allowed without clustering and approval by the Board of Supervisors	40 acres	160 acres
Highest density allowed with clustering and approval by the Board of Supervisors	10 ac/du	40 ac/du

(E) Clustering. Dwellings built as part of a dwelling group shall be clustered within 200 to 300 feet of each other, where feasible, to facilitate timber harvesting and to preserve the rural character of the land.

(F) Timber Rights. In a clustered development, that portion of the property not included within the area of clustered parcels shall be held in common ownership and timber rights shall be held by a designated property owner or individual.

(G) Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in an SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations. [Ord. 5423 § 16, 2022; Ord. 4416 § 8, 1996; Ord. 4406 § 8, 1996; Ord. 3747 §§ 2, 3, 1986; Ord. 3632 § 11, 1985; Ord. 3432 § 1, 1983].

13.10.374 Special standards and conditions for the Timber Production TP District.

(A) Required Special Findings for Non-Timber Growing and Harvesting Uses. The following special findings shall be made for any non-timber growing and harvesting use or development for which any type of use permit or site development permit is required pursuant to the Timber Production Use Chart and/or SCCC 13.11.035 in addition to the findings required by Chapter 18.10 SCCC:

(1) The proposed uses will be physically compatible with the growing and harvesting of timber pursuant to the Timber Productivity Act of 1982 and the purposes of SCCC 13.10.371; and

(2) The proposed use is supported by a compatibility analysis, as defined in SCCC 13.10.700-C, submitted as a part of the application for such proposed use, and which compatibility analysis has been approved as submitted, or as amended by the County, as a condition upon any permit granted.

(B) Agricultural Resource Protection. The regulations and requirements of Chapter 16.50 SCCC, Agricultural Land Preservation and Protection, and the General Plan and Local Coastal Program Land Use Plan policies pertaining to agricultural resource lands shall apply to all agricultural resource lands designated pursuant to Chapter 16.50 SCCC and located within the TP District.

(C) Location of Development. Development shall be located on the non-timbered portion of the property, except where conversion of timber production land to agricultural use is permitted pursuant to SCCC 13.10.372-1, TP Uses Chart.

(D) Zoning to the TP District. An owner may petition to rezone land to the Timber Production District. The Board of Supervisors shall, by ordinance, upon the advice of the Planning Commission pursuant to Government Code Section 51110.2, and after public hearings, zone as Timber Production parcels submitted to it by petition pursuant to Government Code Section 51113, which meet all of the following criteria:

(1) Submittal of a map with the legal description or assessor’s parcel number of the property to be zoned;

(2) Submittal of a timber management plan for the property that has been prepared, or approved as to content, by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time, as determined by the preparer of the plan;

(3) The parcel must either currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the Board of Forestry for the Southern Subdistrict of the Coast Forest District, or the owner must enter into an agreement with the Board of Supervisors that the parcel shall meet such stocking standards and Forest Practice Rules by the fifth anniversary of the signing of the agreement. Failure to meet such stocking standards and Forest Practice Rules within this time period shall constitute grounds for rezoning the parcel;

(4) Upon the fifth anniversary of the signing of the agreement, the Board shall determine whether the parcel meets the timber stocking standards in effect on the date that the agreement was signed. If the parcel fails to meet the timber stocking standards, the Board shall immediately rezone the parcel and specify a new zone for the parcel, which is in conformance with the General Plan/Local Coastal Program Land Use Plan and the primary use of which is other than timberland;

(5) The parcel is timberland as defined in subdivision (f) of Government Code Section 51104;

(6) Use of the parcel complies with the Timber Production Zone uses set forth in SCCC 13.10.372; and

(7) The land area to be rezoned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of single or contiguous parcels consisting of at least 40 acres in area.

(E) Rezoning to Another District. Rezoning of the land from Timber Production (TP) to another zone district shall conform to the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements.

(F) Timber Harvest Related Helicopter Operations. Staging and loading activities, and service areas, for timber operations involving the use of helicopters shall be prohibited unless the staging, loading or service area:

(1) Is on the parcel or on a parcel which is contiguous to the parcel from which the timber is being harvested;

(2) Is within a parcel that is either zoned TP or is zoned in another zone district where timber harvesting is permitted; and

(3) Is within the boundaries of the timber harvest plan (THP) or the nonindustrial timber management plan (NTMP), and the THP or NTMP is approved by the California Department of Forestry and Fire Protection. [Ord. 5423 § 16, 2022; Ord. 5015 § 1, 2008; Ord. 4873 §§ 7, 8, 2007; Ord. 4577 § 10, 1999; Ord. 4496-C § 36, 1998; Ord. 3632 § 11, 1985; Ord. 3432 § 1, 1983. Formerly 13.10.375].

13.10.375 Public notification requirements.

(A) A seller of real property which is located adjacent to land included in the Timber Production (TP) Zone as shown on the County Assessor’s parcel maps shall disclose to the prospective purchaser that Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. This property adjoins land included in the Timber Production Zone as designated on the County Assessor parcel maps. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to the growing and harvesting of timber or other uses permitted within the Timber Production Zone.

(B) The following statement shall be included in the seller’s disclosure statement in the form set forth in subdivision (b) of Section 1102.6a of the California Civil Code for the transfer of real property adjacent to land included in a Timber Production Zone as designated on the County Assessor parcel maps and shall be recorded as part of any deed conveying the property:

The property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone.

(C) The County Building Official shall require, prior to issuance of building permits on parcel(s) adjacent to a Timber Production Zone, either:

(1) Recordation of the following statement of acknowledgment by the owners of the property on a form approved by the Building Official:

The undersigned do hereby certify to be the owner(s) of the hereinafter legally described real property located in the County of Santa Cruz, State of California, and do hereby acknowledge that the property described herein is adjacent to land included in the Timber Production Zone as designated on the County Assessor Parcel Maps. Santa Cruz County has established the Timber Production Zone to protect and maintain timberland for growing and harvesting timber, and for compatible uses. Residents of the property occasionally may experience increased traffic, noise, dust, change in the viewshed and/or other activities related to growing and harvesting of timber or other uses permitted within the Timber Production Zone.

This statement of acknowledgment shall be recorded and shall be binding upon the undersigned, and future owners, encumbrances, their successors, heirs, or assignees. The information contained in this statement of acknowledgement is required to be disclosed to prospective purchasers of the property described herein, and is required to be included in the seller’s disclosure statement for the purchase of the property, and in any deed conveying the property.

(2) Evidence that the above statement or a disclosure statement in compliance with subsection (B) of this section has been recorded in the official records of Santa Cruz County as part of the deed of the parcel. [Ord. 5423 § 16, 2022; Ord. 4197 § 1, 1992. Formerly 13.10.376].

13.10.376 Public facilities requirements for Timber Production TP District.

(A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

(B) All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location. [Ord. 5423 § 16, 2022].

13.10.377 Other standards and conditions for the Timber Production TP District.

Other use and development standards applicable to the timber production district include but are not limited to the following provisions of the SCCC:

Table 13.10.377-1: Other Use and Development Standards Applicable to the TP District
Topic	SCCC Section
Nonconforming uses and structures	13.10.260, et seq.
General site standards	13.10.500—13.10.600
Use of nondevelopable land	13.10.671
Use of urban open space land	13.10.672
Design review and site development	13.11
Parking and circulation	13.16
Coastal Zone regulations	13.20
Roadway and roadside improvements	15.10
Environmental and resource protection restrictions	Title 16

[Ord. 5423 § 16, 2022].

13.10.378 Timber harvest related helicopter operations.

Repealed by Ord. 5423. [Ord. 4578 § 3, 1999; Ord. 4572 § 1, 1999].

Article VIII. Special Use SU District

13.10.381 Purposes of the Special Use SU District.

In addition to the general objectives of this chapter, the SU District is included in the zoning ordinance to achieve the following purposes:

(A) General. To provide for and regulate the use of land for which flexibility of use and regulation are necessary to ensure consistency with the General Plan, and to encourage the planning of large parcels to achieve integrated design of major developments, good land use planning, and protection of open space, resource, and environmental values.

(B) Lands with a Variety of Physical Constraints. To provide for the development of lands with a variety of physical hazard constraints or about which there is a lack of sufficient information about the particular characteristics of the land or where some unusual feature of the known characteristics of the land precludes effective use and regulation of such land under any other zone district.

(C) Mixed Uses. To provide for the development of lands which are designated on the General Plan for mixed uses, and where the specific portions of the land reserved for each use have not yet been specified or determined in detail. [Ord. 3432 § 1, 1983].

13.10.382 Uses in the Special Use SU District.

(A) Allowed Uses.

(1) All uses allowed in the RA and R-1 Zone Districts shall be allowed on parcels in the Special Use SU District where the RA and R-1 zone districts are consistent with the General Plan and Local Coastal Program land use designation for the parcel and when authorized at the highest approval levels specified in the uses chart in SCCC 13.10.322(D) for those districts. Certain disallowed uses that are preexisting on a parcel and were legally established may be considered legal nonconforming uses. See SCCC 13.10.260 and 13.10.261 for regulations regarding legal nonconforming uses. For amendments to a use with a valid discretionary permit, see SCCC 18.10.134.

(2) All uses allowed in zone districts other than RA and R-1 shall be allowed on parcels in the Special Use SU District when the applicable zone district is consistent with the General Plan and Local Coastal Program land use designation for the parcel and when authorized at the highest approval level required by all such districts but no lower than a conditional use permit, with the exception of permanent room housing, which shall be allowed with a conditional use or site development permit processed with public notice and a Planning Commission public hearing, subject to SCCC 13.10.424 through 13.10.429.

(3) Timber harvesting and associated operations, requiring approval of a timber harvesting plan by the California Department of Forestry, are not allowed uses in the Special Use SU Zone District.

(4) Vacation rentals are allowed in the Special Use SU District where the underlying General Plan land use designation allows residential uses with no requirement to have any other use. The applicable General Plan land use designations that allow residential uses with no requirement to have any other use are the Agricultural (AG) land use designation, the Existing Park, Recreation and Open Space (O-R) land use designation, the Urban Open Space Lands (O-U) land use designation, and the following residential land use designations: R-M, R-R, R-S, R-UVL, R-UL, R-UM, and R-UH.

(5) Non-Retail Commercial Cannabis Uses.

(a) Commercial cannabis cultivation uses may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC 13.10.650, where the General Plan designation is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry). Where the General Plan designation is R-R, R-M, or AG, cultivation uses may be permitted subject to the limitations applicable under SCCC 13.10.312(B) and 13.10.650 in the RA Zone District. Where the General Plan designation is I, cultivation uses may be permitted subject to the limitations applicable under SCCC 13.10.342(B) and 13.10.650 in the M-3 Zoning District.

(b) Commercial cannabis manufacturing uses may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC 13.10.650, where the General Plan designation of the parcel is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry). Where the General Plan designation is R-R, R-M or AG, manufacturing uses may be permitted subject to the limitations applicable under SCCC 13.10.312(B) and 13.10.650 in the RA Zone District. Where the General Plan designation is I, manufacturing uses may be permitted subject to the limitations applicable under SCCC 13.10.342(B) and 13.10.650 in the M-3 Zoning District.

(c) Class 1 cannabis distribution may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC 13.10.650, where the General Plan designation of the parcel is “R-R” (Rural Residential), “R-M” (Mountain Residential), “AG” (Agriculture) or “I” (Heavy Industry). Where the General Plan designation is R-R, R-M or AG, Class 1 distribution uses may be permitted subject to the limitations applicable under SCCC 13.10.312(B) and 13.10.650 in the RA Zone District. Where the parcel has a General Plan designation of I, Class 1 distribution uses may be permitted subject to the limitations of SCCC 13.10.342(B) and 13.10.650 for the M-3 Zoning District. Class 2 cannabis distribution may be permitted within the Special Use (SU) District, subject to all applicable requirements of Chapter 7.128 SCCC and SCCC 13.10.650, where the General Plan designation is Service Commercial/Light Industry (C-S) or I. Class 2 distribution uses on these parcels may be permitted subject to the limitations of SCCC 13.10.342(B) and 13.10.650 for the M-3 Zoning District.

(B) Use Permits. A discretionary permit for an allowed use is known as a “use permit.” Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in subsection (A) of this section. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

(D) Densities.

(1) Residential densities allowed in the Special Use Zone District shall be consistent with those specified in the General Plan and Local Coastal Program Land Use Plan, and in Chapter 13.14 SCCC, Rural Residential Density Determinations.

(2) Visitor accommodations densities shall be consistent with SCCC 13.10.689. [Ord. 5423 § 18, 2022; Ord. 5305 § 4, 2019; Ord. 5272 § 8, 2018; Ord. 5092 § 5, 2011; Ord. 4577 § 11, 1999; Ord. 3632 § 12, 1985; Ord. 3432 § 1, 1983].

13.10.383 Development standards for the Special Use SU District.

(A) Site Development Permit. A discretionary permit for physical site development associated with an allowed use is known as a site development permit. The “Site Development Chart” in SCCC 13.11.037 provides permit requirements for physical site development. The processing procedures and general requirements for site development permits are detailed in Chapters 13.11 and 18.10 SCCC, Discretionary Permit Approval Procedures.

(1) Design review is required for some site development permits pursuant to SCCC 13.11.040 through 13.11.080.

(B) Site and Structural Dimensions. For single-family dwellings and accessory structures, the SU district development standards shall be the same as those contained in SCCC 13.10.323 pertaining to residential districts and shall further be based on the size of the parcel for purposes of applying SCCC 13.10.323(B). For structures other than single-family dwellings and accessory structures, the development standards for any permitted use shall be in keeping with the requirements, restrictions or regulations provided in this chapter for the most restrictive district within which the use is allowed. [Ord. 5423 § 18, 2022; Ord. 4314 § 6, 1994; Ord. 3432 § 1, 1983].

13.10.384 Special standards and conditions for the Special Use SU District.

Division of any parcel in the Special Use SU District shall be allowed only pursuant to the following approvals: two to 19 lots or five to 19 units as a conditional use permit; and 20 or more lots or units as a conditional use permit with approval by the Planning Commission. [Ord. 5423 § 18, 2022; Ord. 4496-C § 38, 1998; Ord. 3632 § 13, 1985; Ord. 3432 § 1, 1983. Formerly 13.10.385].

13.10.385 Public facilities requirements for the Special Use SU District.

(A) All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.

(B) All requirements of the local sanitation district and water district shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.

(C) All improvement requirements and impact fees for community facilities shall be met where required by district or section regulations (SCCC Title 15). [Ord. 5423 § 18, 2022].

13.10.386 Other standards and conditions for the Special Use SU District.

(A) Other Regulations. Other development standards applicable to the Special Use Zone District include but are not limited to the following provisions of the SCCC:

Table 13.10.386-1: Site Standards for the SU District
Topic	SCCC Section
General site standards	13.10.510, et seq.
Nonconforming uses and structures	13.10.260, et seq.
General site standards	13.10.500—13.10.600
Use of nondevelopable land	13.10.671
Use of urban open space land	13.10.672
Design review and site development	13.11
Parking and circulation	13.16
Coastal Zone regulations	13.20
Environmental and resource protection restrictions	Title 16

[Ord. 5423 § 18, 2022].