(A) 
The Ministerial Combining District (-Min) is established to denote those properties upon which certain qualifying multifamily housing developments as defined herein are eligible for ministerial review (also known as by-right development) in accordance with the provisions of Government Code Section 65583.2 and amendments thereto, and with Programs H-1B and H-1C of the 2023 Housing Element of the Santa Cruz County General Plan. Development applications that qualify for ministerial review pursuant to this section are exempt from CEQA review pursuant to the ministerial exemption in the Public Resources Code.
(B) 
For purposes of this section, "use by right" or "ministerial review" means that County review of a proposed for-sale or rental multifamily residential development located within the -Min Combining District may not require a conditional use permit, planned unit development permit, or other discretionary County review or approval that would constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Any subdivision of property located within the -Min Combining District shall be subject to all laws, including, but not limited to, County codes that implement the California Subdivision Map Act. The "use by right" or "ministerial review" process established by this section does not exempt a qualifying housing project from design review pursuant to Chapter 13.11 SCCC. However, that design review shall not constitute a "project" for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code. Use by right for all rental multifamily residential housing shall be provided in accordance with Government Code Section 65589.5(f).
(C) 
The following definitions apply for the purposes of this section:
(1) 
"Housing development project"
means a use consisting of any of the following:
(a) 
Residential units only.
(b) 
Mixed-use developments consisting of residential and nonresidential uses with at least two-thirds of the square footage designated for residential use.
(c) 
Transitional housing or supportive housing.
(2) 
"Infeasible"
means not capable or highly unlikely of being accomplished in a successful manner, taking into account economic, environmental, social, temporal, and technological factors.
(Ord. 5452 § 2, 2024)
(A) 
Parcels included in the -Min Combining District must be located within the Urban Services Line and have access to municipal water and sewer services and dry utilities. This requirement does not impose any additional duty on the County to construct, finance, or otherwise provide water, sewer, or dry utilities to parcels included in this combining district.
(B) 
Two types of parcels listed in Table 7 of the Housing Sites Inventory in Appendix HE-E of the 2023 Housing Element are eligible for designation into the Ministerial Combining District:
(1) 
Parcels described in Housing Element Program H-1C: This type includes parcels included in the 2023 Housing Sites Inventory that were previously included in the 4th or 5th Cycle Housing Element Sites Inventory as sites for lower-income housing but have not yet been developed with lower-income housing as projected. These parcels are shown with a designation of "-Min" in the "Proposed Rezoning" column of Table 7 of Housing Element Appendix HE-E.
(2) 
Parcels described in Housing Element Program H-1B: This type includes those parcels listed in Table 7 of Housing Element Appendix HE-E that meet all criteria below:
(a) 
The parcel is not covered by the rezoning proposed in Program H-1C;
(b) 
The parcel is projected to yield four or more lower-income units (including any very low- or extremely low-income units) as shown on Table 7; and
(c) 
At the time rezoning is proposed, development of the lower-income units projected for the site in Table 7 is necessary for the County to meet its shortfall of lower-income units as defined in Program H-1B, and such housing development has not already been entitled or ministerially approved on the site at the time of rezoning.
(Ord. 5452 § 3, 2024)
Parcels designated as -Min Combining District are subject to the objective use and development standards of the base district that apply to any multifamily development in that district; provided, that such standards do not conflict with this section. The base district may be any of the following districts that allow residential multifamily development: RM, RF, C1, C2, PA, PF. In addition, the following use and development standards shall apply to the -Min Combining District:
(A) 
In order to qualify for ministerial review pursuant to this section, a proposed housing development in the -Min Combining District must meet all of the following criteria, consistent with State Housing Element law:
(1) 
At least 20 percent of the total units in the housing development, inclusive of any density bonus units, shall be provided as deed-restricted units affordable for rent or purchase by lower-income households, as defined in Section 50079.5 of the California Health and Safety Code. The applicant shall record a restrictive covenant in a form provided by the County that ensures the continued affordability of all lower-income units for the life of the unit, unless a shorter affordability term is required by low-income housing tax credit regulations or other applicable law.
(2) 
Housing units restricted for lower-income households pursuant to this section shall be made available at a monthly housing cost that does not exceed 30 percent of monthly income for low-income households, defined for this purpose as households earning exactly 60 percent of area median income (AMI), with adjustments for household size made in accordance with the adjustment factors on which the lower-income eligibility limits are based. For lower-income rental units, that monthly housing cost includes monthly rent and utilities charged to the tenant. For lower-income units in for-sale developments, monthly housing costs include the following: mortgage payments (principal and interest), property taxes, property insurance, and homeowners' association dues, if any. All lower-income units in for-sale projects must be offered for sale at the same time that any market-rate units in the development are offered for sale.
(3) 
If the project is subject to the affordable housing requirements of Chapter 17.10 SCCC, it must meet the applicable requirements of that chapter as well as those of this section. Any lower-income units required pursuant to this section may be counted toward the inclusionary requirements of Chapter 17.10 SCCC, provided they also meet all standards of that chapter applicable to affordable housing units in new developments.
(4) 
If the applicant applies for a density bonus pursuant to Chapter 17.12 SCCC and State density bonus law, it must comply with all applicable provisions of Chapter 17.12 SCCC and State law in addition to those of this section, including but not limited to replacement housing requirements, if applicable.
(B) 
The density and development standards of sites in the -Min Combining District shall meet the following minimum criteria:
(1) 
Each site proposed for designation into the -Min Combining District (which, for sites designated in the Housing Sites Inventory as "consolidated sites," may consist of one or more parcels), shall be large enough to permit development of at least 16 units, based on a density of at least 20 units per acre.
(2) 
Parcels in the -Min Combining District shall allow rental or for-sale multifamily residential development at a density of at least 20 units per acre, or more if a higher density is allowed by the base district.
(3) 
A housing development proposed on a site in the -Min Combining District that is proposed for ministerial review pursuant to this section shall include at least as many lower-income units as are projected for the site in Table 7 of the Housing Sites Inventory, shall achieve a minimum density of at least 20 units per acre, and shall meet all applicable minimum density policies in the General Plan and/or Zoning Code applicable to the base zoning district in which the project is located, which policies may require a density higher than 20 units per acre.
(4) 
A housing development eligible for ministerial review pursuant to this section shall comply with, and is subject to all of the following:
(a) 
All objective, quantifiable, written development standards, conditions, and policies of the General Plan/Local Coastal Program and/or Zoning Code applicable to multifamily developments in the base zoning district where the project is located. These development standards, conditions, and policies shall be applied by the County in such a manner as to facilitate and accommodate the qualifying housing development at the density permitted on the site and proposed by the developer in order to meet the County's lower-income Regional Housing Needs Allocation (RHNA) for the 6th cycle. Notwithstanding the foregoing, if a density bonus application is filed for the qualifying housing development, any concessions or waivers of development standards for which the project qualifies shall not be considered a failure to comply with objective standards.
(b) 
All applicable development impact fees and other exactions otherwise authorized by law and County Code that are essential to provide necessary public services and facilities to the proposed housing development project.
(c) 
Any design review process required for similarly sized multifamily residential projects in the base zoning district. However, any such design review process that may be required shall be exempt from CEQA as provided in SCCC § 13.10.494(A).
(5) 
For purposes of this section, a housing development project proposed in the -Min Combining District pursuant to this article shall be deemed consistent, compliant, and in conformity with an applicable plan, program, policy, ordinance, standard, requirement, or other similar provision if there is substantial evidence that would allow a reasonable person to conclude that the housing development project is consistent, compliant, or in conformity with it.
(Ord. 5452 § 4, 2024)
(A) 
Procedures for Ministerial Processing of Qualifying Projects Outside the Coastal Zone.
(1) 
Applicants for residential and/or qualifying mixed-use projects located in the -Min Combining District for which the applicant seeks ministerial processing pursuant to this section shall submit a Design Review Group (DRG) preliminary application, and subsequently revise their plans to address comments pertaining to any objective standards from any reviewing agencies, to the extent possible without rendering the project infeasible, prior to filing a building permit application and/or any other ministerial permits required for the project (grading permits, encroachment permits, etc.).
(2) 
Projects that qualify for ministerial processing pursuant to SCCC § 13.10.496(A) are not subject to Chapter 18.10 SCCC, which pertains only to discretionary review, and therefore no public hearings are required.
(3) 
Within five working days of submittal for a building permit and assignment of a building permit application number, the applicant shall send via U.S. mail a notice of application to all property owners and residents within 300 feet of the property boundary. The notice shall describe the parcel number and location of the site, the name of the applicant and owner, a description of the proposed project, and applicant contact information for obtaining more information on the proposed project. Once sent, the applicant shall submit the notice and list of recipients to the Building Section.
(4) 
Projects funded with federal funds are subject to applicable Federal environmental review pursuant to the National Environmental Policy Act (NEPA).
(B) 
Procedures for Ministerial Processing of Qualifying Projects Inside the Coastal Zone. Projects located within the -Min Combining District and in the Coastal Zone shall require a coastal development permit pursuant to SCCC § 13.20.100, the approval of which is subject to the required findings found in SCCC § 13.20.110. Proposed housing developments within the Coastal Zone that are eligible for ministerial review pursuant to this section may be eligible for waiver of the SCCC § 13.20.100(A)(2) public hearing requirement pursuant to SCCC § 13.20.100(A)(2). Coastal development permits issued pursuant to this section may be appealable to the Coastal Commission pursuant to SCCC § 13.20.120.
(Ord. 5452 § 5, 2024)