The purposes of the Permanent Room Housing PRH Combining District are to:
(A)
Preserve safe housing that is affordable by design and often occupied by low- and moderate-income residents who live or work in Santa Cruz County;
(B)
Provide property owners with an option to legally recognize or convert obsolete Type A visitor accommodation, nursing home, residential care, and other similar facilities to multifamily structures or dwelling groups, with or without support services;
(C)
Inside the Coastal Zone, encourage and protect lower cost visitor accommodation by disallowing conversion of Type A visitor accommodations that are actively operating, or on land zoned VA or CT, to multifamily structures or dwelling groups.
The PRH Combining District is intended to add an additional allowed use to eligible properties. Property owners within this district are not required to maintain multifamily rental housing in perpetuity. Property owners may amend or supersede PRH use/development permits for other land uses that are associated with the property's underlying zone district.
(Ord. 5305 § 7, 2019)
The Permanent Room Housing PRH Combining District shall be available to all RA-, RR-, R-1-, RM-, VA-, PA-, C-1-, C-2-, C-4-, CT- and SU-zoned parcels with buildings that were originally established or permitted for Type A visitor accommodation (motel, hotel, lodging house), nursing home, residential care facility or other similar use. Parcels within the Coastal Zone are subject to Local Coastal Program policies regarding conversion of priority uses. In the Coastal Zone, VA- and CT-zoned parcels are not eligible for the PRH Combining District.
(Ord. 5305 § 7, 2019)
The following standards and incentives apply to PRH units in the Permanent Room Housing PRH Combining District. Where there are differences between this section and a property's underlying zone district, the provisions of this section shall apply:
(A)
Occupancy. The maximum number of occupants of a permanent room housing unit may not exceed that allowed by the State Uniform Housing Code, or other applicable State law.
(B)
Number of Permanent Room Housing Units.
(1)
Properties in the PRH Combining Zone District are allowed by right to maintain the number of permanent room housing units present on site at the time that the property is added to the PRH Combining Zone District, subject to the use/development permit.
(2)
Property owners may create additional permanent room housing units on site; provided, that:
(a)
Underlying zone district development standards are not exceeded; and
(b)
Density may not exceed the maximum residential density allowed as follows:
(i)
On properties with General Plan designation Mountain (R-M), Rural (R-R), and Suburban Residential (R-S), maximum density per net developable acre is determined by the rural density matrix calculation (SCCC § 13.14.060).
(ii)
On properties with General Plan designation Urban Very Low Density ((R-UVL), Urban Low Density (R-UL), Urban Medium Density (R-UM), and Urban Height Density (R-UH): maximum density per net developable acre is determined by the General Plan land use designation.
(iii)
On properties with nonresidential General Plan designations: maximum density is that allowed in the R-UH General Plan designation. There is no required minimum nonresidential square footage on PRH Combining Zone District properties.
(3)
On properties where visitor accommodation is an allowed use, units used exclusively for short-term (less than 30 days) rental are not considered PRH units and are subject to the density requirements in SCCC § 13.10.335(B).
(4)
Property owners may demolish existing PRH units and rebuild PRH units at the maximum density allowed per this subsection (B), with a use/development permit per SCCC § 13.10.428(A)(2), and in accordance with applicable provisions of SCCC § 13.10.262 for nonconforming structures.
(C)
Permanent Room Housing Unit Size. Minimum unit size of 120 square feet. Maximum unit size of 500 square feet. Unit size shall be measured from the inside wall of the unit and shall include all conditioned space.
(1)
Maximum Unit Size Exceptions. Existing units larger than 500 square feet may be recognized and allowed through approval of a use/development permit, subject to SCCC § 13.10.428. New units may not be larger than 500 square feet, except that properties without an existing manager's unit may build one unit up to 1,500 square feet, for habitation by an on-site manager (subject to maximum allowed density and all other site development standards).
(2)
Minimum Room Size for New Units. New units must meet California Building Code requirements for minimum room area.
(D)
Kitchen Facilities. Each permanent room housing unit must include kitchen facilities that at a minimum meet the definition of "limited food preparation area" (SCCC § 13.10.700-L), or a common kitchen must be provided to adequately serve residents.
(E)
Bathroom Facilities. Each permanent room housing unit must include one full bathroom (sink, toilet, shower or shower/bathtub combination), or common bathroom facilities must be provided on site at a rate of one full bathroom per six units.
(F)
Health and Safety Requirements. Existing buildings must meet a checklist of minimum health and safety requirements determined by the County, based on the United States Department of Housing and Urban Development's Housing Quality Standards. A County Building Inspector will conduct inspections to confirm whether properties meet these minimum standards. In order to pass inspection, every item on the inspection checklist must be marked "Yes" or "N/A" for all proposed PRH units.
The following health and safety requirements apply to unpermitted structures, historic structures and new construction, renovation and addition projects:
(1)
Unpermitted Structures. Property owners with structures that were built or renovated without building permits must apply for permits based on current building standards. If owners cannot obtain permits for unpermitted structures or renovations based on current code standards, owners may participate in the County's Safe Structures program to obtain a certificate to authorize continued use.
(3)
New Construction, Renovations, Additions. Any new construction, renovation, or addition must meet current County zoning and building code requirements in the area of work.
(G)
Nonconforming Structures. Permanent room housing units in legal nonconforming structures (structures that do not meet the setback, height, floor area ratio or lot coverage development standards for the underlying zone district) may be altered per SCCC § 13.10.262.
(H)
Off-Street Parking Requirement. One space per permanent room housing unit. Parking space dimensions must follow the requirements of SCCC § 13.16.050.
(1)
Reduced Parking Allowances. On-site parking for senior, special-needs, and supportive housing may be provided at the following reduced ratios:
(a)
0.5 parking spaces per unit for senior housing and special-needs housing.
(b)
0.3 parking spaces per unit for permanent supportive housing.
In order to qualify for reduced parking allowances, the property owner must provide a signed agreement with the County specifying the type of rental housing to be provided.
(I)
Bicycle Parking. One bicycle parking space per permanent room housing unit is encouraged for properties within 0.5 mile of a Class I, II or III bicycle lane. Bicycle parking space dimensions are provided in SCCC § 13.16.040. Storage sheds for bicycles are encouraged but not required.
(J)
Storage. Each permanent room housing unit is encouraged to provide at least 50 cubic feet of storage space in the form of indoor closets, wardrobes, cabinets, indoor common area lockers or storage rooms, or outdoor storage lockers or storage sheds.
(K)
Short-Term Rentals. Short-term (less than 30 days) rentals are allowed in units in the PRH Combining Zone District if short-term rentals meet the following conditions:
(1)
Short-term rental use is existing at the time the PRH zoning application is submitted, and is legally allowed in the underlying zone district.
(2)
Property owner is current in payment of transit occupancy tax (TOT), meaning that any required TOT has been paid for the previous three years.
(a)
Retroactive Payment of TOT. If a proposed PRH unit has been used for short-term rental in the previous three years, but the owner has not registered and paid TOT, proof of retroactive payment of the TOT amount due to the County to the extent allowed by law for the time during which a proposed PRH unit was being used a short-term rental shall be submitted.
(3)
Maximum 30 percent of units on parcels in the PRH Combining Zone District may be short-term rental units.
(4)
New short-term rental units may be constructed on properties in the PRH Combining Zone District; provided, that all use and development standards in this section are met.
(Ord. 5305 § 7, 2019)
(A)
Approvals Required. Property owners with eligible parcels must apply for a zoning plan amendment and a use/development permit for inclusion in the PRH Combining Zone District.
(1)
Zoning plan amendments to add properties to the PRH Combining Zone District allow property owners the option to have permanent room housing units on eligible parcels. Zoning plan amendments are processed per this chapter and Chapter 18.10 SCCC.
(2)
Use/development permits define the parameters of the permanent room housing use on eligible properties and involve Planning Department review to ensure that eligible parcels meet the use and development standards defined in SCCC § 13.10.427. Use/development permits must identify the number and location of PRH units on a property. PRH use/development permits are processed as Level VI approvals per Chapter 18.10 SCCC.
Property owners already using a property for permanent room housing must apply for a use/development permit concurrently with a zoning plan amendment. Property owners proposing to convert units to permanent room housing may apply for a zoning plan amendment first, and later apply for a use/development permit before starting to use the property for permanent room housing.
(a)
Findings required:
(i)
Use/development findings per SCCC § 18.10.230(A).
(ii)
In the Coastal Zone, former visitor accommodations are functionally obsolete or economically infeasible, documented by conditions such as low occupancy rates and operation as residential use for three or more years.
(3)
Coastal development permits may be required for properties located within the Coastal Zone that do not qualify for an exemption or exclusion per Chapter 13.20 SCCC.
(4)
Building permits may be necessary for renovations or additions required by the Planning Department that are identified during the PRH inspection to meet health and safety requirements.
(B)
Submittal Requirements. Eligible property owners must submit the following information to the Planning Department:
(1)
Application Form. Application forms are available at the Planning Department Permit Center and on the County Planning Department website.
(2)
Owner/Agent Form. If an agent will represent the property owner in submitting the application, the property owner and agent must complete the owner/agent authorization form.
(3)
Application Deposit. The application fee is based on hourly rates for staff time to process the application.
(4)
Permits, plans or other proof that the property is or was previously used as visitor accommodation, convalescent home or similar use.
(5)
Basic site plan and floor plan documenting existing conditions. The site plan must show the location of all property lines, location of all existing buildings, and location of on-site parking spaces. The floor plan must show all units with each unit and rooms within units labeled. Plans are not required to be professionally drawn and do not have to be drawn at a precise scale but must be accurate, neat and readable. The minimum plan size is 11 by 17. Planning Department staff will review compliance with use and development standards, including but not limited to a site visit.
Any proposed renovations or additions must be presented in accordance with usual standards. which may require professionally drawn plans, drawn to scale.
(6)
Proof of long-term rental at each proposed PRH unit (e.g., lease agreements) indicating the unit number and the rent charged per unit. Personal tenant information should be blacked out.
(7)
Indicate any deed restricted affordable housing or intention to enter into deed restricted affordable housing.
(C)
Five-Year Review Requirement. PRH use/development permits shall include a condition of approval requiring a review by County staff at least once every five years from the date of permit issuance to confirm that the property is continuing to meet the use and development standards outlined in SCCC § 13.10.427, and to verify compliance with other conditions of approval. The review shall include the following:
(1)
Health/safety special inspection by County Building staff. The completed inspection checklist for each five-year special inspection, documenting that the property meets inspection requirements, must be added to the use/development permit file after completion of the special inspection. Inspection of PRH units shall require tenant permission or a warrant (in the case of an immediate threat to health and safety) as required by applicable law, but the inability to conduct inspections may be cause for revocation of PRH permits.
(2)
Any repairs required in order to pass the inspection checklist must be completed within 120 days of the inspection or as determined by the Building Official, and additional special inspection(s) must be conducted to verify that all repairs have been completed. A maximum of three special inspections may be conducted as part of the five-year review.
(3)
In order to monitor the intended use of PRH units as "affordable by design" to residents and the workforce, at the time of each five-year review, a report regarding rent rates for each PRH unit shall be provided.
(5)
Five-year review must be complete within 180 days of five-year due date. Property owner request for five-year inspection can begin six months prior to the five-year due date.
(D)
Denial or Revocation of Zoning Plan Amendment and/or Use/Development Permit.
(1)
Findings for Denial or Revocation. A zoning plan amendment and/or use/development permit may be denied, and a use/development permit may be revoked, for any of the following reasons:
(a)
Discovery of false statements intentionally submitted on an application.
(c)
Failure to pass a required five-year review to maintain the use/development permit within 180 days of five-year due date.
(d)
Verified County Code violation cases that are unrelated to permanent housing use on the property.
(e)
Three or more verified, significant violations of County Code on the property within the last two calendar years. Evidence of significant violation includes, but is not limited to, copies of citations, verified complaints, written warnings and notices of violation, or other documentation filed by Planning Department staff and law enforcement.
(f)
Record of repeated visits by law enforcement to respond to criminal activity on the property, where the activity is attributable to the property owner, management, tenants or visitors.
(g)
Failure to pay transient occupancy tax for historical short-term rental use on the property within the past three years.
(h)
An unacceptable level of adverse neighborhood impacts is being generated by the PRH use, constituting a public nuisance per SCCC § 1.12.050.
(i)
The PRH use is not substantially meeting the purposes of the PRH Combining District.
(2)
Process for Revocation. For any of the reasons listed in subsection (D)(1) of this section, the Planning Director may recommend to the Planning Commission that a PRH use/development permit be amended or revoked.
(a)
The Planning Department must send a notice to the permittee specifying the basis for the Planning Director's recommendation, and the permittee shall have 30 days to respond to this notice.
(b)
If the permittee fails to respond to the notice and does not resolve the problem(s) that form the basis for the recommendation of permit revocation, the Planning Commission shall hold a public hearing to consider the Planning Director's recommendation and at least 30 days' written notice of the hearing shall be provided to the permittee specifying the basis for the Planning Director's recommendation.
(Ord. 5305 § 7, 2019)
An applicant may request an exception to the requirements of SCCC § 13.10.427, pursuant to the following:
(A)
Exceptions to the PRH standards may be granted if the project is found to be consistent with the PRH Combining Zone District purposes, found in SCCC § 13.10.425, the use/development permit findings found in Chapter 18.10 SCCC, and at least one of the following additional findings:
(1)
There are special existing site or improvement characteristics or circumstances that appropriately excuse the project from meeting one or more of the use and development standards in SCCC § 13.10.427; or
(2)
The Permanent Room Housing PRH Combining District purposes, found in SCCC § 13.10.425, are better achieved by an alternative design; or
(3)
The granting of an exception will result in a superior project that is consistent with the Permanent Room Housing PRH Combining District purposes.
(B)
Any decision on an exception shall not establish a precedent for future applications.
(Ord. 5305 § 7, 2019)