Santa Cruz County, CA Article VII Residential Uses

13.10.680 Tiny homes on wheels.

(A) Purpose. The purpose of this section is to provide for and regulate Tiny Homes on Wheels in order to provide needed housing for County residents and to further the housing goals of the Housing Element of the County General Plan.

(B)

"Tiny Home on Wheels (THOW)"

shall be defined per SCCC § 13.10.700-T: An independent dwelling unit, maximum 400 gross square feet, excluding loft area space if that loft area space meets the requirements of Government Code Section 18009.3(b) and Section 18033 and maximum 14 feet in width at the maximum horizontal projection. It provides complete independent living facilities for one or more persons and is built upon a single chassis and is towable by a hitch mechanism and cannot move under its own power. It may only be transported upon the public highway with permit issued pursuant to Vehicle Code Section 35780.

(C) General Requirements.

(1) A THOW may function as a single-family dwelling as the primary unit or in place of an accessory dwelling unit (ADU) such that the total number of dwelling units on a parcel does not exceed the total number of dwelling units allowed on that parcel per provisions of state and local regulations. Only one THOW shall be allowed per parcel.

(2) THOWs that function as the primary unit shall be subject to all provisions of this code that apply to single-family dwellings in addition to the requirements of this section.

(3) THOWs that function as an ADU shall be subject to all provisions of SCCC § 13.10.681 as they apply to new construction ADUs in addition to the requirements in this section.

(4) THOWs shall not be used as vacation rentals.

(D) Site Requirements.

(1) THOW Location on a Parcel.

(a) The THOW as an ADU shall be detached from the primary dwelling unit.

(b) A THOW shall not be located in an existing driveway.

(c) Parking Pad.

(i) Bumper guards, curbs, or other installations shall be adequate to prevent movement of the THOW.

(ii) The wheels shall not be removed and the parking pad shall be a level surface paved with two inches of asphalt concrete over five inches of Class II base rock or equivalent permeable or nonpermeable surface so as to provide a durable, dustless surface, and shall be graded and drained so as to prevent erosion and disperse surface water.

(2) Access.

(a) The THOW parking pad shall be accessible by a path of travel such that the THOW is towable onto and off the property.

(3) Size.

(a) The maximum size is as required to allow for towing on public roadways, but not to exceed 400 square feet.

(4) Development Standards.

(a) Meet all development standards in SCCC § 13.10.681 and the maximum height of a THOW shall be as established by the California Department of Motor Vehicles for towing on public roads, but not to exceed 14 feet.

(E) Utilities.

(1) Electricity. The THOW shall be connected to a source of electricity in compliance with the latest edition of the California Electrical Code and local ordinance. If not connected to the local electric utility power source, an off-grid system may be used that is designed to provide sufficient power based on the expected loads. All off-grid systems shall include solar panels and battery storage. Within the Urban and Rural Service Lines a THOW shall not rely on a generator as a primary or stand-by source of electric power. Outside the Urban and Rural Service Lines a THOW shall not rely on a generator as a primary source of electric power and may include provisions for connection to a generator and meet all requirements of the California Electrical Code and local ordinance. Outside the Urban and Rural Service Lines, the generator shall be a stationary emergency stand-by generator as defined in, and in compliance with all provisions of, Chapter 13.15 SCCC, Noise Planning.

(2) Water and Sewer. The THOW shall be connected to the approved water source and sewage disposal facility in compliance with the latest edition of the California Plumbing Code and local ordinance.

(F) Design.

(1) Incorporate design features and materials typically used for houses, such as siding or roofing materials, pitched roofs, eaves, and residential windows.

(2) Windows shall be at least double pane glass and shall include exterior trim or other design features to mimic windows on a building.

(3) The roof and exterior walls shall be fixed with no slide-outs, tip-outs, or other forms of mechanically articulating extensions that expand the interior space of the THOW.

(4) Mechanical equipment that is not incorporated within the structure shall be screened from public view and shall not be located on the roof. Plumbing vents and low-profile exhaust fans may be located on the roof. Electrical, and plumbing hook ups shall similarly be screened from public view.

(5) Skirting. When parked on its parking pad, the THOW shall include skirting to conceal the wheels and undercarriage.

(6) THOWs located in Wildland Urban Interface shall be designed with materials and construction methods for exterior wildfire exposure in compliance with Section R337 of the California Residential Code and local ordinance.

(G) Occupancy. A THOW that functions as an ADU may be excepted from the sales restrictions of SCCC § 13.10.681(G)(2) in that the THOW may be conveyed separately from the primary residence.

(H) THOW Permit.

(1) Prior to moving a THOW onto any property, a ministerial THOW building permit shall be obtained authorizing parking and occupancy of each THOW on the property pursuant to Chapter 12.01 SCCC.

(2) The THOW permit shall expire upon removal of the THOW from the property where it is permitted.

(3) On the property where it is permitted, the THOW permit shall be subject to renewal every five years or when the THOW is conveyed to a new owner, whichever occurs first. The permit renewal process may include a site inspection by County staff.

(4) Inside the Coastal Zone, a THOW that functions as a primary unit shall be required to obtain a coastal development permit pursuant to the provisions of Chapter 13.20 SCCC.

(5) Inside the Coastal Zone, a THOW that functions as an ADU that does not meet the standard for exemption or exclusion under SCCC § 13.20.050 or § 13.20.051 requires issuance of a coastal development permit (CDP) with noticing and appeal requirements per SCCC § 13.20.107 and § 13.20.108, and subject to findings per SCCC § 13.20.110. CDPs for THOWs located in the Commercial Agricultural (CA) zone district, the Parks and Recreation (PR) zone district, and the Timber Production (TP) zone district shall be subject to additional permit processes and findings applicable to those zone districts.

(6) The THOW shall be registered annually with the DMV and all required annual registration fees shall be paid, including the Vehicle License Fee. Failure to register and pay all DMV fees annually shall cause the THOW permit to expire.

(I) Application Processing. The following additional information shall be submitted with the required information for a building permit application for a THOW:

(1) Certificate indicating that the THOW has been constructed in accordance with Standard No. A119.5 of the Standards of the American National Standards Institute (ANSI-A119.5 Park Model RV Standard).

(2) Valid DMV registration for towing to parking location.

(J) Administration. The Director is responsible for administering the County's THOW regulations. As part of the administration of these regulations, the Director may:

(1) Interpret the provisions of this section and any other THOW regulations adopted by the Board of Supervisors;

(2) Develop forms, procedures, administrative practice guidelines, and application requirements related to siting of THOW; and

(3) Determine the amount of and collect, as a condition of accepting any application, including an application for permit renewal, the fees established by resolution of the Board of Supervisors or the County Code. Such fees shall include, but are not limited to, a THOW monitoring fee and a THOW permit renewal fee.

(Ord. 5413 § 1, 2022)

13.10.681 Accessory dwelling units.

(A) Purpose. The purpose of this section is to provide for and regulate Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs) in order to provide needed housing for County residents and to further the housing goals of the Housing Element of the County General Plan.

(B) Definitions. For the purposes of this section, terms shall be defined as follows:

(1)

"Accessory Dwelling Unit"

(ADU) shall be defined per SCCC § 13.10.700-A: In compliance with California Government Code Section 65852.2, an attached or detached residential dwelling unit which provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary residence. It shall include permanent provisions for eating, cooking (area meeting the definition of Kitchen), and sanitation. A tiny home on wheels may be used as an ADU.

(2)

"Junior Accessory Dwelling Unit"

(JADU) shall be defined per SCCC § 13.10.700-J: In compliance with California Government Code Section 65852.22, a residential living area contained within a proposed or existing single-family residence that is no more than 500 square feet in size. JADUs can include additions to an existing structure of no more than 150 square feet. JADUs shall include independent provisions for living, sleeping, eating, and cooking (area meeting the definition of Efficiency Kitchen but not a standard Kitchen), and shared or separate sanitation facilities with the main dwelling unit.

(3)

"New Construction ADU"

shall be defined per SCCC § 13.10.700-N: An ADU that does not meet the definition of Conversion ADU. A tiny home on wheels may be used as a new construction ADU.

(4)

"Conversion ADU"

shall be defined per SCCC § 13.10.700-C: The conversion of any portion of a legal accessory structure, or any portion of a single-family dwelling, or any garage, for the purpose of creating an ADU. Conversion ADUs can include demolition and rebuilding of a structure with the same footprint and building envelope. Conversion ADUs can also include additions of up to 150 square feet. Any conversion that exceeds this limit shall be considered a New Construction ADU for the purposes of this section.

If converting an existing accessory structure, applicant must be able to show that the structure was erected with all required permits, or that the structure is legal nonconforming. Structures that were built without benefit of permits are not eligible for conversion under this section and must be processed as a New Construction ADU.

(5)

"Attached,"

in reference to ADUs throughout the Santa Cruz County Code, shall mean sharing any part of a wall, ceiling or floor with the primary dwelling on the property, with the ADU located above, below, beside, or in some combination with the primary dwelling on the property.

(6)

"Detached,"

in reference to ADUs throughout the Santa Cruz County Code, shall mean any ADU that does not meet the definition of "Attached."

(C) Accessory Use. ADUs and JADUs are accessory uses to the primary residential dwelling and shall not be considered in calculation of residential density for a parcel.

(D) Site Requirements. Before a permit for an ADU or JADU can be granted, the following requirements shall be met:

(1) Zoning and General Plan. The parcel must allow residential land use either by zoning or General Plan designation.

(2) Presence of Primary Dwelling Unit. A primary dwelling unit must exist or be proposed for construction concurrently with the proposed ADU or JADU.

(a) Exception. An ADU may be constructed prior to a primary dwelling in the case of rebuilding after a disaster. The location for the development envelope for the future primary dwelling must be indicated on the plans submitted for the ADU.

(3) Number of ADUs Allowed.

(a) Single-Family Dwellings. On parcels with existing or proposed single-family dwellings: one ADU and one JADU are allowed per single-family dwelling.

(i) Dwellings that share walls but are located on separate parcels with separate building footprints (such as townhomes or halfplexes) are considered single-family dwellings for the purposes of determining the number of ADUs allowed.

(ii) Properties with dwelling groups (multiple single-family dwellings) are allowed one ADU and one JADU per single-family dwelling if the dwelling group is conforming with maximum density for the zone district. An existing dwelling in a dwelling group may be relabeled as an ADU if it meets ADU use and development standards. If the dwelling group is nonconforming with maximum density for the zone district, see SCCC § 13.10.261(B)(3).

(b) Multifamily Dwellings. On parcels with existing or proposed attached multifamily dwellings, such as apartments, condominiums, or a combination of single- and multifamily dwellings, the following are allowed:

(i) Up to two detached ADUs, which may be attached to each other; and

(ii) Conversion ADUs associated with up to 25 percent of multifamily units. Conversion ADUs in multifamily developments must be converted from areas not previously used as living space including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, if each unit complies with State building standards for dwellings.

(c) Nonconforming Land Uses. Regardless of existing dwelling conformity with land use and density requirements for a parcel's zone district or General Plan designation, permitted single-family dwellings shall be subject to subsection (D)(3)(a) of this section and permitted multifamily dwellings shall be subject to subsection (D)(3)(b) of this section.

(4) ADU Location on a Parcel.

(a) ADUs may be attached or detached from the primary dwelling unit. JADUs must be attached.

(b) ADUs and JADUs shall be subject to the setback requirements in subsection (D)(7)(a) of this section.

(5) Access. The ADU or JADU shall have an exterior entrance that is independent of the existing primary dwelling. A JADU may also be internally connected to the primary dwelling.

(6) Unit Size. The habitable floor area as defined in SCCC § 13.10.700-H shall be as follows:

(a) Minimum unit size, JADU or ADU: 150 square feet ("efficiency unit" per California Health and Safety Code Section 17958.1).

(b) Maximum unit size, JADU: 500 square feet.

(c) Maximum unit size, ADU:

(i) Conversion ADU: No maximum size.

(ii) New Construction ADU, Attached:

A. Parcel size less than one acre: 850 square feet (studio or one bedroom), 1,000 square feet (two or more bedrooms), or 50 percent of primary dwelling habitable square footage, whichever is smaller.

B. Parcel size greater than or equal to one acre: 50 percent of primary dwelling habitable square footage.

(iii) New Construction ADU, Detached:

A. Parcel size less than one acre: 850 square feet (studio or one bedroom), 1,000 square feet (two or more bedrooms).

B. Parcel size greater than or equal to one acre: 1,200 square feet.

(iv) Regardless of subsections (D)(6)(c)(i) through (iii) of this section, an ADU of at least 800 square feet shall be allowed.

(7) Development Standards. All development standards for the applicable zone district shall be satisfied and the development shall be consistent with all County policies and ordinances, except that regardless of any other zone district standards, the following provisions shall apply to ADUs:

(a) Setbacks.

(i) JADUs and Conversion ADUs.

A. Additions up to 150 square feet shall meet setback requirements for New Construction ADUs.

B. Existing structures with nonconforming setbacks can be demolished and rebuilt with the same setbacks, except where larger setbacks are required pursuant to Chapter 7.92 SCCC (Fire Code), Chapter 12.10 SCCC (Building Regulations), or SCCC Title 16 (Environmental and Resource Protection).

(ii) New Construction ADUs. ADUs shall comply with front setbacks for the applicable zone district. Minimum side and rear setbacks shall be four feet or the setback for the applicable zone district, whichever is less, including on double frontage lots and corner lots, with the following exceptions:

A. An eight-foot rear yard setback is required for any portion of an ADU that is more than 16 feet tall. Stairways may encroach into the rear yard setback if stairway windows are minimum 52 inches from floor level.

B. Setbacks shall be sufficient for fire safety in conformance with Chapter 7.92 SCCC (Fire Code) and Chapter 12.10 SCCC (Building Regulations).

C. ADUs shall be subject to environmental buffers and constraints identified per SCCC Title 16 (Environmental and Resource Protection), including but not limited to riparian corridors, geologic hazards, sensitive habitats, and agricultural buffers.

D. On parcels zoned or designated agricultural, a detached ADU shall be located within 100 feet of the primary dwelling on the property unless additional distance is required to meet the minimum agricultural buffer setback standards in SCCC § 16.50.095.

E. ADUs located in the Seascape Beach Estates Combining District shall meet the setback requirements in SCCC § 13.10.436.

(iii) Minimum separation distance between ADUs and other structures shall be three feet.

(b) Height.

(i) JADUs and Conversion ADUs. Additions up to 150 square feet shall meet height standards for New Construction ADUs.

(ii) New Construction ADUs. Height is subject to the applicable zone district height standard with the following exceptions:

A. Inside the urban services line, new construction detached ADUs shall be a maximum of 16 feet. This exception does not apply in the Seascape Beach Estates Combining District (see SCCC § 13.10.436).

B. Inside the urban services line, ADUs that are built above detached garages shall be a maximum of 20 feet at exterior wall and 24 feet at roof peak. This exception does not apply in the Pleasure Point or Seascape Beach Estates Combining Zone Districts.

C. Inside the Pleasure Point Combining Zone District, ADUs that are built above attached and detached garages shall be maximum 18 feet at exterior wall and 22 feet at roof peak.

D. Building height up to five feet in excess of an applicable zoning standard, but in no case exceeding 28 feet, may be allowed subject to design review findings (SCCC § 18.10.230(A)(2)), development permit findings (SCCC § 18.10.230), and the coastal view protection standards of SCCC § 13.20.130(B)(7) (if located in the coastal zone), and subject to approval by the Zoning Administrator following a public hearing.

(c) Lot Coverage and Floor Area Ratio (FAR).

(i) Parcels with ADUs and JADUs shall meet lot coverage and FAR standards for the applicable zone district, except that JADU and/or ADU square footage up to 800 square feet may be excluded from FAR and lot coverage calculations for both existing and new parcels.

(ii) ADUs and JADUs shall not be counted in large dwelling unit calculations per SCCC § 13.10.325.

(d) Parking.

(i) JADUs and Conversion ADUs: no required off-street parking for the JADU and/or Conversion ADU.

(ii) New Construction ADUs: one off-street parking space per ADU.

A. ADU parking can be provided as double or triple tandem parking.

B. ADU parking may be located within setback areas unless findings are made that parking in setback areas is not feasible based upon specific site or regional topographical and/or fire and life safety conditions.

C. If the primary dwelling unit has less than the required parking per SCCC § 13.16.050, one new parking space must be provided for the ADU but parking for the primary dwelling may remain nonconforming.

D. No additional parking for an ADU shall be required if the ADU is located within one-half mile walking distance of any public transit stop, within a designated historic district, or within one block of a dedicated parking space reserved for a publicly available car share vehicle.

(iii) Parking Permits. Where parking permits are required for on-street parking during any part of the year, permits shall be offered to the occupants of the ADU and/or JADU.

(iv) Replacement Parking. When a garage, carport, covered parking structure, or surface parking is demolished or converted for construction of an ADU or JADU, no replacement parking is required for the primary dwelling unit.

(v) Special Coastal Zone Parking Requirements. In the following coastal zone locations, one parking space is required for New Construction ADUs, with no exceptions, and replacement parking is required when existing parking is demolished or converted for construction of an ADU:

A. Live Oak Designated Area (LODA) as defined in SCCC § 13.10.694(C).

B. Sea Cliff/Aptos/La Selva Designated Area (SALSDA) as defined in SCCC § 13.10.694(C).

C. Davenport/Swanton Designated Area (DASDA) as defined in SCCC § 13.10.694(C).

D. Opal Cliff Drive between 41st Avenue and the City of Capitola.

(8) Existing Conditions of Approval. Proposed additions associated with Conversion ADUs shall comply with any existing development permit conditions of approval that are not otherwise superseded by provisions of SCCC § 13.10.681.

(9) Other Accessory Uses.

(a) One ADU may be associated with a single-family dwelling unit on a parcel that also has farmworker housing as defined in SCCC § 13.10.631.

(b) Non-ADU habitable and nonhabitable accessory structures may be allowed subject to all applicable requirements of the underlying zone district and SCCC § 13.10.611.

(10) Utility, Infrastructure, and Service Requirements.

(a) Life Safety. All requirements of the respective service agencies shall be satisfied, and all ADUs shall comply with all applicable provisions of Chapter 7.92 SCCC (Fire Code) and Chapter 12.10 SCCC (Building Regulations).

(i) Fire sprinklers shall not be required for an ADU or JADU where they are not also required for the primary dwelling, except sprinklers are required for detached ADUs larger than 1,200 square feet and ADUs that constitute or are part of an addition to the primary dwelling equal to more than 50 percent of the existing primary dwelling square footage per California Residential Code Section R313.2.

(ii) For the purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit if an internal connection to the primary dwelling unit is maintained.

(iii) ADUs and JADUs that do not have an internal connection to the primary dwelling shall maintain a separate street address from the primary dwelling unit.

(b) Utility Connections and Fees.

(i) JADUs and Conversion ADUs: new utility connection or capacity charges may only be charged for Conversion ADUs and JADUs built concurrently with a primary dwelling.

(ii) New Construction ADUs: A local agency, special district, or water corporation may require a new or separate utility connection directly between the ADU and the utility, subject to a connection fee or capacity charge proportionate to the burden of the ADU on the water or sewer system, based upon either the square footage of the ADU or its drainage fixture unit values as defined in the Uniform Plumbing Code adopted and published by the International Association of Plumbing and Mechanical Officials.

(iii) The sewage disposal system and water supply for the parcel shall comply with all applicable requirements of the Environmental Health Officer.

A. As part of the application to create an ADU connected to an on-site water treatment system, a percolation test must be completed within the last five years or, if the percolation test has been recertified, within the last 10 years.

(c) Public Improvements. Frontage improvements and other public right-of-way work cannot be required as a condition of approval for an ADU or JADU, unless required per Chapter 7.92 SCCC (Fire Code) or Chapter 12.10 SCCC (Building Regulations) or to correct illegal right-of-way encroachments.

(E) Nonconforming Conditions. Correction of existing nonconforming zoning conditions cannot be required as a condition of ADU or JADU approval.

(F) Design.

(1) Architectural Design. Exterior design of ADUs and JADUs that are visible from a road or other public area shall include three or more of the following elements:

(a) Roof pitch matching dominant roof slope primary dwelling(s). Dominant roof slope is the slope shared by the largest portion of the roof.

(b) Roof material matching primary dwelling(s).

(c) Primary siding material or color matching primary dwelling(s).

(d) Window and door trim matching primary dwelling(s).

(e) Porch, bay window, or other facade articulation to break up flat wall planes.

(f) Fencing or landscaping to buffer the view of the ADU or JADU from a road or other public area. Fencing shall be subject to SCCC § 13.10.525, Regulations for fences and retaining walls within required yards. Landscaping shall be subject to Chapter 13.13 SCCC, Water Conservation—Water Efficient Landscaping.

(2) Historic Preservation. ADUs and JADUs on properties in the L (Historic Landmark) Combining District that do not involve demolition, relocation, or alterations to the exterior of historic buildings shall meet the provisions of SCCC § 16.42.060(D) to be reviewed ministerially. ADUs and JADUs that exceed these provisions shall be subject to discretionary review per SCCC § 16.42.060.

(G) Occupancy. The following occupancy standards shall be applied to every ADU and JADU and shall be conditions for any approval under this section:

(1) Occupancy Restrictions. The maximum occupancy of an ADU or JADU may not exceed that allowed by the State Uniform Housing Code, or other applicable State law.

(2) Sale. ADUs and JADUs shall not be sold separately from the primary residence with the following exception:

(a) An ADU can be sold or conveyed separately from the primary residence to a qualified buyer if the property was built or developed by a qualified nonprofit corporation and all provisions of California Government Code Section 65852.26 are met.

(3) Short-Term Rental Use. In no case shall a short-term rental use of less than 30 days be permitted in an ADU or JADU. A property with an ADU or JADU shall not be eligible for participation in the vacation rental or hosted rental programs.

(4) Owner Residency. The following requirements apply to all JADUs and apply to all ADUs except those permitted between January 1, 2020, and January 1, 2025:

(a) Unless owned by a government agency, land trust, or public or nonprofit housing organization, the property owner or relative of the property owner shall permanently reside, as evidenced by a homeowner's property tax exemption, or by other satisfactory documentation of residence, on the parcel in either the primary dwelling unit, ADU or JADU. If the ADU or JADU is newly constructed on a parcel within a subdivision, then the purchaser or relative of the purchaser of said property shall permanently reside in either the main dwelling or the ADU or JADU, shall be required to submit a property tax exemption prior to occupancy of the ADU or JADU, and shall be subject to the deed restriction noted in subsection (G)(5) of this section.

(i) Exception. Temporary rental of both a primary dwelling unit and an ADU or JADU may be authorized by the Planning Director in the case of sudden and unexpected changes in life circumstances. Property owners may be authorized to rent both the primary dwelling and the ADU or JADU if the property owner or relative of the property owner is unable to continue to occupy the property temporarily by reason of illness or absence from the area for other than vacation purposes as determined by the Planning Director in their sole discretion based on reasonable evidence. Evidence shall be submitted to the Planning Department in writing, and requests for extension of the absence shall also require evidence in writing. The authorization to rent both units shall be limited to one year and may be extended at the discretion of the Planning Director.

(b) Deed Restriction. Prior to the issuance of a building permit, the property owner shall provide to the Planning Department proof of recordation of a declaration of restrictions containing reference to the deed under which the property was acquired by the present owner and containing the following provisions:

(i) The declaration shall provide that the property owner or relative of the property owner permanently resides in either the primary dwelling or the ADU, as evidenced by a homeowner's property tax exemption on the parcel or by other satisfactory documentation of owner residence. If the property is owned by a government agency, land trust, or public or nonprofit housing organization that is providing housing for special populations, the declaration of restrictions shall indicate that any subsequent nonpublic owner shall abide by the terms of this subsection.

(ii) The declaration shall be binding on all successors in interest.

(iii) The declaration shall provide for the recovery by the County of reasonable attorney's fees and costs in bringing legal action to enforce the declaration together with recovery of any rents collected during any unauthorized occupancy or, in the alternative, for the recovery of the reasonable value of the unauthorized occupancy.

(iv) The declaration shall provide a restriction on the size and attributes of the ADU or JADU that conforms with this section.

(v) JADUs only: The declaration shall provide a prohibition on the sale of the JADU separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers.

(H) Application Processing.

(1) Ministerial Review. Pursuant to Government Code Section 65852.2, applications for ADUs and JADUs shall be approved or denied ministerially with a building permit, and no public notice or hearing shall be required, with the following exceptions:

(a) Exceptions to Ministerial Review.

(i) Inside the coastal zone, the following discretionary review requirements apply:

A. ADUs and JADUs that do not meet the standard for exemption or exclusion under SCCC § 13.20.050 or § 13.20.051 require issuance of a combined coastal development permit (CDP) and building permit, with noticing and appeal requirements per SCCC § 13.20.107 and § 13.20.108, and subject to findings per SCCC § 13.20.110. CDPs for ADUs and JADUs located in the Commercial Agricultural (CA) zone district shall be subject to additional findings per SCCC § 13.10.314(A) and (B).

B. ADU applications in the coastal zone in the Parks and Recreation (PR) zone district shall be processed per SCCC § 13.10.352(B), subject to special findings per SCCC § 13.10.355. JADU applications in the PR zone district shall be reviewed ministerially.

C. ADU and JADU applications in the coastal zone in the Timber Production (TP) zone district shall be processed per SCCC § 13.10.372(B), with special findings per SCCC § 13.10.375(A).

(ii) ADU and JADU applications that do not meet the development standards contained in this section may require a variance (per SCCC § 13.10.230), minor exception (per SCCC § 13.10.235), or other discretionary approval.

(2) Ministerial Review Time. ADU and JADU applications that are subject to ministerial review must be approved, or a notice of deficiency sent, within 60 days of receipt of a completed building permit application. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within 60 days.

(a) Exception to Ministerial Review Time. When a permit application to create an ADU or JADU is submitted along with a permit application for a new primary dwelling, the permit application for the ADU or JADU shall not be subject to a 60-day approval period but shall instead be subject to the approval period for the primary dwelling. If the new primary dwelling application requires discretionary review, the application for the ADU or JADU shall still be considered as a ministerially allowable use/development, unless the application meets one of the exceptions in subsection (H)(1)(a) of this section.

(3) Fees. Prior to the issuance of a building permit for the ADU, the applicant shall pay to the County of Santa Cruz fees in accordance with the Planning Department's fee schedule as may be amended from time to time, and any other applicable fees.

(a) The County of Santa Cruz and any other local agency, special district or water corporation shall not impose any impact fee upon the development of a JADU or an ADU less than 750 square feet.

(b) Impact fees charged for ADUs greater than or equal to 750 square feet shall be charged proportionately in relation to the square footage of the primary dwelling unit.

(c) For the purposes of this section, "impact fee" includes "fees" as defined in California Government Code Section 66000(b) and fees specified in California Government Code Section 66477. Impact fees do not include utility connection fees or capacity charges.

(4) Declarations of Restriction for Nonhabitable Structures. A recorded declaration of restriction limiting an existing accessory structure to nonhabitable use must be rescinded to allow ADUs or JADUs in these structures.

(I) Permit Allocations. Each ADU and JADU is exempt from the residential permit allocation system of Chapter 12.02 SCCC.

(J) Code Enforcement Amnesty. Per California Government Code Section 17980.12, the following amnesty provisions are available until January 1, 2030, for ADUs and JADUs that were built before January 1, 2020:

(1) A notice to correct a violation of any provision of any building standard for an ADU or JADU shall include in that notice a statement that the owner of the unit has a right to request a delay in enforcement.

(2) The owner of an eligible ADU or JADU who receives a notice to correct violations or abate nuisances related to any building standard may submit a letter to the County of Santa Cruz Planning Department, Code Enforcement Division, requesting that enforcement of the violation be delayed for up to five years on the basis that correcting the violation is not necessary to address an imminent hazard or dangerous condition.

(3) The County of Santa Cruz shall grant a delay in enforcement if the Planning Department Code Enforcement Division, in consultation with the Building Official, determines that correcting the violation is not necessary to protect health and safety. The provisions of SCCC § 12.01.070 shall not apply to ADUs for which this delay has been granted.

(K) Annual Review of Impacts. As part of the County's annual review of the General Plan and County growth management system, the County shall include a section analyzing the impacts of the ADU ordinance. The annual analysis shall include the number of ADUs constructed and the impacts such construction has created in each planning area, with particular attention to the cumulative impacts within the coastal zone. JADUs are not required to be accounted for and reported upon in this annual review. The cumulative impact issue areas to be covered include, but are not limited to, traffic, water supply (including the City of Santa Cruz water supply from Laguna, Majors, and Reggiardo Creeks, and the Davenport water supply from Mill and San Vicente Creeks), public views, and environmentally sensitive habitat areas. The preliminary report shall be sent to the Executive Director of the Coastal Commission for review and comment 14 days prior to submittal to the Board of Supervisors, on an annual basis.

If the Executive Director determines that specific enumerated cumulative impacts are quantifiably threatening to specific coastal resources that are under the authority of the Coastal Commission, the Executive Director shall inform the County in writing. Within 60 days of receipt of the Executive Director's written notice of a threat to coastal resources the County shall cease accepting applications for coastal development permits under this section in the planning area(s) in which the threat of coastal resources has been identified, pending review and approval by the Coastal Commission of the County's proposed method(s) of protecting the threatened resource.

(Ord. 3432 § 1, 1983; Ord. 3500 § 1, 1984; Ord. 3996 § 2, 1989; Ord. 4282 § 5, 1993; Ord. 4324A § 5, 1994; Ord. 4457-A § 4, 1997; Ord. 4495 § 7, 1998; Ord. 4659 § 2, 2002; Ord. 4727 §§ 1–3, 2003; Ord. 4751 §§ 1–3, 2003; Ord. 4779 § 1, 2004; Ord. 4921 §§ 15–18, 2008; Ord. 5079 § 1, 2010; Ord. 5182 § 10, 2014; Ord. 5239 § 8, 2017; Ord. 5264 § 12, 2018; Ord. 5265 § 11, 2018; Ord. 5325 § 20, 2020; Ord. 5326 § 20, 2020; Ord. 5382 § 6, 2021; Ord. 5413 § 2, 2022)

13.10.682 Permanent occupancy of manufactured homes.

(A) Purpose. The purpose of this section is to regulate the permanent installation of manufactured homes on foundations for occupancy as single-family dwellings in accordance with and as defined in Section 65852.3 and any successor provisions of the California Government Code and Section 18300 and any successor provisions of the California Health and Safety Code. All such manufactured homes shall be designed and located so as to be compatible with neighboring conventionally built dwellings. The specifications provided by this section are designed to ensure the compatibility of manufactured homes in single-family zones with the aesthetic and architectural character of the surrounding neighborhood, in the same manner as that used by the County to approve other building permits for dwellings.

(B) Permit Requirements. A manufactured home may be permanently installed on a foundation and occupied as a single-family dwelling in any zone district in which a single-family dwelling is an allowed use, if and when the requirements of Chapter 12.01 SCCC for issuance of a building permit have been met.

(C) Specifications. A manufactured home shall be allowed under the provisions of this section only if it meets all of the following specifications:

(1) Will be occupied only as a single-family dwelling; and

(2) Will conform to all of the residential site standards of the applicable zone district; and

(3) Was manufactured within 10 years prior to the date of the application for the issuance of a permit to install the manufactured home; has been certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.), and has not been altered in violation of applicable codes; and

(4) Will be anchored to a permanent foundation to withstand wind and seismic forces of Zone 4 as shown on the Seismic Risk Map of the United States, according to the regulations of the Uniform Building Code currently adopted for the County of Santa Cruz; and

(5) Will meet the following residential design standards:

(a) Double-wide or multisectional size.

(b) Finished with an exterior material compatible with conventionally built residential structures in the neighborhood.

(c) Exterior covering material extending to the ground or to the top of a concrete foundation. (Alternative skirting materials commonly found on conventionally built residential structures are acceptable.)

(d) Oriented for maximum solar access.

(D) Applications. An application for a building permit to install a manufactured home on a permanent foundation shall contain the elements specified in SCCC § 12.01.050.

(Ord. 3432 § 1, 1983; Ord. 3593 § 16, 1984; Ord. 4036 § 2, 1989; Ord. 4496-C § 57, 1998)

13.10.683 Temporary occupancy of mobile homes and recreational vehicles.

(A) Purpose. To allow the use of a mobile home, travel trailer or recreational vehicle by a property owner as a temporary residence during the time a permanent residence is being constructed or reconstructed on the same site, by a watchman as a temporary residence during construction of permanent buildings on the same site, or by the owner as a temporary office or storage facility during construction of any permanent building or public utility structure on the same site, but excluding accessory structures not designated for human habitation, such as garages, barns, or sheds, subject to the requirements of this section.

(B) Permit Processing. Before any person may be allowed to use a mobile home or recreational vehicle for the above purposes, such person shall obtain a building permit for the construction project and an installation permit for the temporary mobile home, travel trailer or recreational vehicle.

(C) Requirements for Approval. An installation permit under this section shall be issued only when the following requirements for approval have all been met:

(1) The applicant has obtained a building permit or obtains concurrently a building permit for the building to be built on the subject property.

(2) The applicant has obtained any permits needed for an approved water supply and sewage system.

(3) The applicant has posted a deposit with the Department. The applicant shall post a cash deposit, a time certificate of deposit payable to the County of Santa Cruz, or equivalent security approved by County Counsel in the amount of $500.00 ($1,000 for double-wide units) to guarantee compliance with the conditions of the permit and applicable law within the time permitted or any extension thereof. The term of the deposit shall begin upon the issuance of the permit and shall remain in effect until the conditions of the permit have been fulfilled to the satisfaction of the Department. If the permittee fails to comply with all of the conditions of the permit, the Department shall take appropriate measures to obtain compliance. The permittee shall be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the Department in causing any and all such conditions or terms to be fulfilled, and the Department may apply as much of the deposit as needed to pay any such costs and expenses. Any unused portion of the deposit shall be refunded to the permittee upon compliance with the conditions of the permit.

(4) No permit shall be issued under this section where the applicant has previously received a permit under SCCC § 13.10.312(B) and § 13.10.631 (caretaker in isolated agricultural zones).

(D) Occupancy. The following conditions shall be met prior to the occupancy of the mobile home, travel trailer or recreational vehicle:

(1) Installation of the approved water supply and sewage system which Environmental Health or the appropriate district has required.

(2) Installation of the skirting if the unit is a mobile home.

(3) Final inspection clearance of the mobile home, travel trailer or recreational vehicle from Inspection Services of the Planning Department.

(4) Installation or construction of all fire protection requirements specified by the appropriate fire agency.

(5) The unit shall be screened from public view to the greatest extent possible.

(E) Condition of Occupancy. The following shall apply to any permit issued under this section:

(1) The term of occupancy shall be concurrent with the term of the building permit, so long as the foundation of the permanent building is poured within 60 days of issuance of the installation permit, except for periods of grading prohibition, development moratorium, or similar circumstances.

(2) The permittee shall diligently pursue construction in order to complete the building.

(3) Within 15 days of the final inspection clearance of the permanent building, the permittee shall cease use of the mobile home or recreational vehicle, or travel trailer, disconnect it from water and other utility services, and, if the unit is a mobile home, the permittee shall remove it from the property.

(4) The Planning Director or designee issuing the installation permit may add such other conditions to the permit as he/she determines to be appropriate to further the purposes of this section.

(F) Revocation. A permit may be revoked pursuant to the provisions of Chapter 18.10 SCCC.

(G) Right to Enter Property. Pursuant to applicable law, the County's agent shall have the right during reasonable hours to enter the subject property for the purpose of making inspections and doing necessary work to obtain compliance with the conditions of the permit, including removal of the mobile home, travel trailer or recreational vehicle.

(H) Parking or Use of Mobile Homes Without a Permit Is Prohibited. It shall be unlawful to park or use a mobile home, travel trailer, or recreational vehicle on any parcel of land or building site for living or sleeping purposes, or to connect the same to any utility except:

(1) When legally parked within a mobile home park, recreational vehicle park or travel trailer park.

(2) When authorized for temporary use by a permit granted pursuant to this section.

(3) When authorized for occupancy as a single-family dwelling by a permit granted pursuant to SCCC § 13.10.682.

(I) A recreational vehicle or travel trailer, maintained for the property owner's or occupant's recreational use, may be stored on the property. No utility connection is allowed, nor is any occupancy allowed. Such storage may not occur on any vacant parcel.

(J) Use of Mobile Homes, Travel Trailers, or Recreational Vehicles after a Natural Disaster.

(1) A mobile home, travel trailer, or recreational vehicle may be used as a temporary residence after a natural disaster for which a local emergency has been declared by the Board of Supervisors, when the permanent residence on the property has been destroyed, or damaged to the extent that the Building Official has posted it "Unsafe to Occupy," or if the repairs are so extensive that temporary relocation is necessary during the period of repair or reconstruction.

(2) Such a unit shall be connected to the existing sewer or septic system. If the sewer or septic system has been damaged and cannot be immediately repaired, or if a sewer or septic system connection approval cannot be obtained, use of a holding tank within a self-contained unit is allowed for a period of up to six months, provided no gray water or other liquid waste from any fixture is diverted from the holding tank, and provided further that either:

(a) A service contract with an approved septic maintenance firm guaranteeing frequency of service for the intensity of use is submitted to Environmental Health for review and approval; or

(b) The applicant provides Environmental Health with the location of dump station to be utilized and schedule for pumping out of holding tank at that dump station.

(3) The unit shall have a water supply approved by Environmental Health.

(4) The applicant shall obtain an installation permit for the unit and obtain final inspection clearance by the Building Official, unless the unit is totally self-contained.

(5) The unit shall be removed from the property (for a mobile home) or disconnected from utilities (for travel trailers and recreational vehicles) prior to occupancy of the repaired or reconstructed residence, or if a permit to repair or reconstruct the permanent residence is not issued, within 24 months.

(6) Applications for temporary occupancy of a mobile home, travel trailer, or a recreational vehicle in a mapped geologic hazard area or a mapped high damaged area shall require compliance with the provisions of Chapter 16.10 SCCC.

(Ord. 3432 § 1, 1983; Ord. 4024 §§ 2, 3, 1989; Ord. 4101 § 1, 1990; Ord. 5061 § 20, 2009)

13.10.684 Mobile home parks.

(A) Purpose. In addition to the general objectives of this chapter, the mobile home park regulations are included in the zoning ordinance to achieve the following purposes:

(1) To recognize mobile home parks as primarily a low to medium density urban residential use;

(2) To regulate mobile home parks as permanent rather than interim residential uses;

(3) To set standards for park development and procedures to enforce those standards so as to exercise the rights reserved to local jurisdictions by State law (California Health and Safety Code Division 13, Part 2.1, commencing with Section 18200). The said regulations are intended to regulate only those developments specifically planned for accommodation of more than one mobile home or manufactured home and operated under permit pursuant to Title 25, Chapter 5, of the California Code of Regulations. Regulations regarding the use of a single manufactured home as a permanent residence are found in SCCC § 13.10.682.

(B) Location Criteria. Mobile home park developments shall be located only in the RM Zone District and in accordance with the following location criteria:

(1) An overall goal of achieving diversity of choice of housing types within the planning areas of the County;

(2) Safe and adequate access compatible with street plans;

(3) Location in areas planned for urban rather than rural uses; and

(4) Reasonable proximity to shopping, medical, public transportation and service stations for all parks, and particularly to schools and employment for family-type parks.

(C) Permitted Uses. A mobile home park shall include only uses allowed in the zoning district in which the mobile home park is located exclusive of trailer parks for recreational vehicles and travel trailers as defined by SCCC § 13.10.700-T, subject to the following exception: Any use allowed in any residential or C-1 District either as a permitted use or a discretionary use, or any combination of such uses, may be included in a mobile home park on a site of 10 acres or more.

(D) Procedures.

(1) Mobile home parks may be authorized as a discretionary land use approval granted at Approval Level VII pursuant to Chapter 18.10 SCCC. All procedures for application, review, approval, appeal, enforcement, etc., shall be in accordance with Chapter 18.10 SCCC.

(2) Notwithstanding the specific conditions of any development approval, no development approval for a mobile home park shall automatically expire if all of the following criteria are met:

(a) The mobile home park was originally permitted for permanent, year-round occupancy and not for transient occupancy by travel trailers and/or recreational vehicles;

(b) The property on which the mobile home park is located is designated for residential land use on the General Plan and within a residential zone district;

(c) The development approval was properly exercised according to the terms of the approval and the requirements of the County Code; and

(d) The use of the property as a mobile home park has not ceased for a continuous period of one year or more.

(E) Development Standards. Standards for the development of mobile home parks should as nearly as possible be equivalent to the regulations for the district in which the mobile home development is located, while at the same time preserving the special advantages of mobile home living, such as easy maintenance, close community, easy pace, availability of services and recreation facilities.

(1) Density. The maximum number of mobile home dwelling units allowed in a mobile home development shall be determined by dividing the net developable area in square feet, by the site area per dwelling required for the zone district in which the development is located. In no case shall this number of units exceed that which would be allowed in an RM-3 zone.

(2) Yard Requirements.

(a) All structures and mobile homes shall be set back at least 20 feet from the right-of-way of any street adjoining the mobile home park. The setback area shall be landscaped and continually maintained.

(b) Minimum yard requirements around individual mobile homes, accessory buildings, carports and awnings shall be determined by California Code of Regulations, Title 25, Chapter 5.

(3) Community Service and Open Space. A minimum of 300 square feet for each mobile home shall be devoted to community open space, conveniently located for all residents. A maximum of 27 square feet of the required 300 square feet may be used for a recreation or service building. In computing the size of this area, landscaped open spaces, required perimeter yards clearly designed for community open space, and pedestrian pathways may be taken into account. However, open spaces such as roads, boat and recreational vehicle storage areas, required perimeter yards not designed for community use and parking spaces shall be excluded from the computation.

(4) Utilities. All utilities shall be installed underground.

(5) Parking. Off-street parking spaces for every mobile home shall be provided in accordance with SCCC § 13.10.551, et seq., on the site of the unit unless an exception is granted pursuant to subsection (F) of this section. Regardless of any exception to the parking standards, all required mobile home parking shall be within the mobile home park. Installation of a replacement mobile home requires either approval of a parking certification pursuant to subsection (G) of this section when the required number of parking spaces exist, or an exception pursuant to subsection (F) of this section when the required number of parking spaces do not exist. No mobile home transport permit for the movement of a replacement mobile home over County-maintained roads to a mobile home park in the unincorporated portion of the County shall be approved or issued by the Department of Public Works prior to approval of a parking certification or an exception.

(6) Access. All mobile home spaces shall be served from internal private streets within the mobile home park and there shall be no direct vehicular access from a mobile home space to a public street or alley. Internal streets shall have a clear and unobstructed access to a public thoroughfare, and the right of the public to utilize said streets shall be preserved.

(7) Boat and Recreational Vehicle Storage. All pleasure boats and recreational vehicles shall be stored in an area set aside for such storage and shall be screened from view. Such storage shall not be allowed on any street or individual mobile home lot.

(8) Fencing. The park property may be required to be enclosed by a fence or thick screen planting for control of view, light, sound and adequate security to achieve aesthetics and compatibility with surrounding proposed and existing development. If required, a fence within the front yard of the park property may exceed three feet in height.

(9) Landscaping and Aesthetics.

(a) A landscape plan for development and maintenance shall be submitted for consideration with each permit application.

(b) Landscaping shall be used as a buffer between mobile home units and adjoining property and service areas shall be screened from view.

(c) Trees shall be planted throughout the development and there shall be at least one tree for each 1,000 square feet of lot coverage by impervious surfaces, or as many trees as there are mobile home lots, whichever is more.

(d) Whenever possible, plants that are indigenous to this area shall be incorporated into the landscaping plan.

(e) All required planting shall be permanently maintained in good growing condition.

(f) Questions of aesthetics shall be considered in judging the effect on the surrounding community and may result in special conditions relating to nonglare materials, preservation of scenic views or general considerations of the area's environmental goals.

(10) Signs. One nonilluminated or indirectly illuminated detached appurtenant sign, identifying the mobile home park, that shall not exceed eight feet in overall height or 12 square feet, shall be permitted and shall be integrated into the landscape.

(11) Sewage Disposal. Utilization of sanitary sewer facilities or development of a community sewage disposal system shall be provided as required in Chapters 7.38 and 7.42 SCCC. Approval of the Environmental Health Department shall be obtained.

(12) Garbage and Rubbish Disposal.

(a) If a garbage disposal service is available to the location of the mobile home park, park owners shall be required to use this service.

(b) Where a service is not used, the park operator shall dispose of the park refuse by transporting it to a Health Department approved site in an appropriate vehicle.

(c) All refuse shall be collected at least once weekly by a service or the park operator. All refuse shall be collected and transported in covered containers or vehicles.

(13) Water. An accessible, adequate, safe and potable supply of water shall be provided in each mobile home park. Where a public supply of water of such quality is available within 1,000 feet, connection shall be made thereto and its supply shall be used exclusively. In the case of an existing well which could be adapted for multiple residential use without major overhaul, this requirement may be varied. The development of an independent water supply to serve the mobile home park shall be made only after express approval thereof has been granted by the Health Officer. In all cases, written approval of the Health Officer for the supply shall be submitted with respect to installation, adequacy and sanitation.

(14) Drainage. Developers shall provide adequate drainage facilities to prevent damage to the park or adjacent properties all in accordance with plans reviewed and approved by the County Department of Public Works.

(15) Fire Protection. Prior to construction, the applicant shall receive approval of the California State Division of Forestry or local fire protection district to determine the installations necessary for protection against fire.

(16) Repealed by Ord. 5018.

(F) Exceptions. Exceptions to all development standards established pursuant to this section may be authorized at the same approval level required for a land use approval for a new mobile home park or may be authorized with a Level IV approval for an individual space within an existing mobile home park; provided, that the following findings are made:

(1) That there are special circumstances or conditions affecting the property;

(2) That the exception is necessary for the proper design or function of the mobile home development;

(3) That the granting of the exception will not be detrimental to the welfare of the residents of the mobile home park or to the public welfare or injurious to the property of the residents of the mobile home park or to other property in the area in which the property is situated; and

(4) That the granting of the exception is in accordance with the objectives of the General Plan and elements thereof.

In making its decision whether to approve an exception for an individual space, the approving body shall take into consideration factors such as the availability of parking within the mobile home park, even if such parking is not adjacent to the affected mobile home.

(G) Parking Certification. A parking certification, certifying that the required number of parking spaces exist for the installation of a replacement mobile home, may be issued with a Level III approval. A parking certification application shall be made by the mobile home park owner or operator, or the owner of the mobile home being replaced, or the owner of the lot in those cases where the mobile home park lots are individually owned.

(H) Compliance Responsibility. The owner or operator of the mobile home park shall be responsible for compliance with the mobile home park development standards of this section and those of Title 25, Chapter 5 of the California Code of Regulations.

(Ord. 3432 § 1, 1983; Ord. 4036 § 7, 1989; Ord. 4370 § 5, 1995; Ord. 4496-C § 58, 1998; Ord. 4623 § 2, 2001; Ord. 4628 § 2, 2001; Ord. 4664 § 2, 2002; Ord. 4723 § 3, 2003; Ord. 4786 §§ 6, 7, 2005; Ord. 4808 § 6, 2005; Ord. 5018 §§ 1, 6, 2008)

13.10.685 Conversion of transient occupancy recreational vehicle and travel trailer parks to permanent occupancy.

(A) Purpose. To provide for the orderly conversion of permitted, transient occupancy recreational vehicle and travel trailer parks to permanent occupancy for the purpose of maintaining and/or establishing safe permanent housing for very low income households.

(B) Applicability. This section applies to those recreational vehicles (RV) and travel trailer parks which, as of January 1, 2000 (i.e., the Marmos Pinto Lake Resort located at 324 Amesti Street in Watsonville and the Golden Torch Trailer Park located at 6100 Freedom Boulevard in Aptos), were the subject of court proceedings brought by the County to resolve health, safety and use permit violations at the park and which are located outside of both the urban services line and the Coastal Zone.

(1) Except where modified by the requirements of this section, all requirements of the "Mobile Home Parks Act," Division 13, Part 2.1 of the California Health and Safety Code, commencing with Section 18200, and Chapter 2 of Division I of Title 25 of the California Code of Regulations shall apply for all permanent occupancy spaces approved pursuant to this section. In the case of permanent occupancy, either manufactured housing, or conventional on-site building methods may be utilized; in such cases, the requirements and standards of Title 24 of the California Code of Regulations shall be met.

(2) The requirements of SCCC Title 16 and the visual resources policies of the County General Plan/Local Coastal Plan shall apply for all permanent occupancy spaces approved pursuant to this section.

(C) Definitions. The definitions listed below and those contained within Chapter 2 of Division I of Title 25 of the California Code of Regulations and Sections 18200 through 18700 of the California Health and Safety Code shall apply to this section. In the event that the following definitions conflict with those contained within the cited Code of Regulations and/or Health and Safety Codes, the following definitions shall supersede:

"Affordable housing guidelines"

means the guidelines that are adopted from time to time by the Santa Cruz County Board of Supervisors pursuant to Chapter 17.10 SCCC.

"Approving body"

means the Santa Cruz County Board of Supervisors.

"Capital improvements"

means improvements to the real property that must be newly constructed or replaced as a condition of approval to convert spaces within an RV park to permanent occupancy pursuant to this section. "Capital improvements" does not include routine maintenance or repairs.

"Conventional construction"

means typical framed ("stick-built") construction, subject to the oversight and inspection of the Building Department in accordance with the standards of Title 24 of the California Code of Regulations.

"HCD"

means the Department of Housing and Community Development of the State of California.

"Permanent dwelling unit"

means a unit, as defined in this subsection, that is located on permanent occupancy space as defined in this subsection.

"Permanent occupancy"

means occupancy for a period of nine consecutive months or longer of either: (1) a space within an RV park by the same unit, (2) a unit and space within an RV park by the same resident or residents, (3) multi-unit manufactured housing, or (4) an apartment conventionally constructed on the site as a separate building or as part of a building.

"Permanent occupancy space"

means a space in an RV park or manufactured housing that has been approved for long-term or permanent occupancy pursuant to this section.

"Resident"

means a person or household who resides in an RV park. For the purposes of this section, the terms "occupant," "tenant" and "resident" are used interchangeably to mean a "resident" as defined herein and do not have the specific meanings defined in either the recreational vehicle park occupancy law (Section 799.20, et seq., of the California Civil Code) or the mobile home residency law (Section 798, et seq., of the California Civil Code).

"RV park"

means a trailer park as defined in SCCC § 13.10.700-T and regulated in the Santa Cruz County Code. The status of a property as an RV park shall be based on the County use permit and land use designation(s) irrespective of the designation given to the park by HCD or the nature of the permit to operate issued by HCD.

"Title 24"

means Title 24 of the California Code of Regulations.

"Title 25"

means Chapter 2 of Division I of Title 25 of the California Code of Regulations.

"Unit"

means any of the following:

(1) A "recreational vehicle" as defined in Section 18010(a) of the California Health and Safety Code;

(2) A "park trailer" as defined in Section 18010(b) of the California Health and Safety Code;

(3) A "manufactured home" as defined in Section 18007 of the Health and Safety Code;

(4) A "mobile home" as defined in Section 18008 of the Health and Safety Code;

(5) A "multi-unit manufactured housing" as defined in Section 18008.7 of the Health and Safety Code; or

(6) An apartment conventionally constructed on the site as a separate building or as part of a building.

"Very low income household"

means a household whose annual income is less than 50 percent of the area median income as adjusted for household size and updated from time to time by HCD.

(D) Procedures. A conversion of a permitted transient occupancy recreational vehicle and travel trailer park to permanent occupancy may be authorized as a discretionary land use approval granted at Approval Level VII pursuant to Chapter 18.10 SCCC. All procedures for application, review, required findings, approval, amendments and appeals shall be in accordance with Chapter 18.10 SCCC.

(E) Development Standards.

(1) Density.

(a) The number of permanent occupancy spaces shall not exceed the number of recreational vehicle and/or travel trailer spaces authorized under the current use permit for the recreational vehicle and/or travel trailer park issued by the County. Spaces designated for tent camping in the use permit may not be converted to permanent occupancy. Continued use of spaces for transient occupancy may be allowed, if such use, including any required amenities and conditions of operation, are clearly incorporated into the conversion permit.

(b) The maximum number of permanent occupancy spaces shall be established based on compliance with the following: the sewage disposal standards and requirements established by Environmental Health Services for permanent occupancy, the water supply standards and requirements established by Environmental Health Services, the California Department of Health Services or the applicable water purveyor required for permanent occupancy and the development standards established in this section.

(2) Yard Requirements.

(a) The front yard setback for the park shall be 40 feet. The side and rear yard setbacks shall be 20 feet.

(b) A six-foot separation, as specified by Title 25, or approved fire wall as defined in Section 504.6.2 of the California Fire Code or as specifically approved by HCD shall be maintained between all permanent dwelling units.

(3) Community Areas.

(a) Open Space and Required Amenities. A minimum of 200 square feet of open space per permanent occupancy space shall be provided, as follows:

(i) At least 50 percent of the required open space area shall be provided as community open space, located in areas convenient for the benefit and use of all of the residents. Community open space areas shall have no dimension less than 20 feet. Parking and roadways shall not be counted as a part of the community open space. The park shall have recreation facilities and playground(s) of sufficient size and in suitable locations to meet the needs of the park residents. The area of recreation facilities and playgrounds may be included as community open space.

(ii) Each permanent occupancy space shall have at least 100 square feet of usable open space, defined as any side or rear yard or combination of yards with minimum dimensions of eight feet.

(b) Restrooms/Showers. Restrooms and showers shall be provided for the use of the residents. The number of restrooms and showers is dependent upon the number of permanent dwelling units, as well as the number of permanent dwelling units which have toilet and shower facilities. At a minimum, one toilet, one sink and one shower shall be provided for each gender. An additional toilet, sink and shower shall be provided for every five permanent dwelling units that do not have toilet and/or shower facilities. Lighting which meets or exceeds the minimum requirements of Title 25 of the California Code of Regulations shall be installed in these facilities. Restroom/shower buildings shall have adequate heating facilities to maintain a temperature of 65 degrees (Fahrenheit) during cold weather and to provide at least three gallons of continuous hot water per hour per unit during the times of peak demand.

(c) Optional Amenities. The approving body may approve other amenities to serve the residents of the park, such as convenience stores and laundries, if all requirements for their installation can be met.

(4) Parking. A parking management plan shall be submitted for review by the County and approval by the approving body. The parking management plan shall specify how the park will comply with the following parking standards and detail the procedures for ensuring long-term compliance with these standards. One off-street parking space shall be provided and located near each permanent unit. Guest parking of an additional 20 percent over the residential requirement shall be provided at various locations in the park. All required parking shall be provided within the park boundaries. Dimensions of all parking spaces shall comply with the requirements of SCCC § 13.16.060(E), et seq. Because parking is limited, no inoperable vehicle shall be kept within the park for a period of longer than 10 business days.

(5) Roads and Access.

(a) All access roads and driveways shall meet the fire agency requirements for turning radii, overhead clearance and surfacing. The minimum widths of roadways shall conform to the requirements of Title 25, including that two-way roadways shall be no narrower than 18 feet in width, and one-way roads shall be no narrower than 12 feet in width and shall be clearly marked as one-way.

(b) All permanent occupancy spaces shall be served from internal private roads or walkways within the park. There shall be no direct vehicular access between an individual space and a public or private street or alley. Internal streets shall have a clear and unobstructed access to a public thoroughfare.

(c) Pedestrian access shall be provided throughout the park to provide safe and convenient access to amenities, open space areas, and public roadways.

(6) Fencing. A six-foot-high solid wood fence or masonry wall shall be provided along the side and rear property lines of the park to ensure security and separation from adjacent properties. Fences and/or gates in the front yard shall be allowed only if they are compatible with the character of the neighborhood, and shall not exceed three feet in height unless it can be demonstrated that it will not adversely affect sight distance, as determined by the Department of Public Works and the applicable fire district.

(7) Landscaping. A plan for the development and permanent maintenance of landscaping for the park shall be submitted for review and approval by the Planning Department. Landscaping shall be installed to provide screening between adjacent development and the permanent units, and to enhance the open space areas, as appropriate.

(8) Garbage and Refuse Disposal. The park owner shall specify how garbage and recyclable materials will be stored, collected and disposed of. The park owner shall, at a minimum, provide for weekly collection of garbage and recyclable materials from the park. More frequent collection may be required, if determined to be necessary by the approving body.

(9) Sewage Disposal. All sewage and/or gray water shall be disposed of in a disposal system approved by County Environmental Health Services pursuant to Chapter 7.38 SCCC.

(10) Water. An accessible, adequate, safe and potable supply of water shall be provided to each permanent unit in the park. Water service may be provided either through a community water system that is approved by County Environmental Health Services pursuant to Chapter 7.71 SCCC, or a system approved by the California Department of Health Services or by connection to a public water system.

(11) Drainage. A drainage plan, prepared by a registered professional engineer, shall be submitted for review by the Planning Department and the Department of Public Works and approval by the approving body. Ponding underneath RVs is prohibited.

(12) Fire Protection. All requirements of the applicable fire protection agency shall be met, except for those road width and unit separation standards of the fire district that exceed the standards of Title 25 or this section.

(13) Lighting. Site lighting shall be; provided, that meets or exceeds the minimum illumination standards of Title 25.

(F) Development Standards—Permanent Dwelling Units.

(1) A compacted level pad shall be provided for each permanent dwelling unit. Each unit shall be anchored to the pad through an anchoring system approved by the County, HCD or HUD.

(2) Each permanent dwelling unit shall be permanently connected to electrical, gas, water, and sewer systems by approved connections, per the requirements of Title 25.

(3) Skirting shall be installed on permanent dwelling units to prevent access underneath the unit and to provide an aesthetic appearance of the unit.

(4) All replacement permanent dwelling units installed after the issuance of the conversion permit shall comply with Health and Safety Code Section 18604, which requires that units meet minimum construction standards. Allowable replacement dwelling units include:

(a) A "recreational vehicle" as defined in Section 18010(a) of the California Health and Safety Code except that neither truck campers nor tent trailers shall be allowed;

(b) A "park trailer" as defined in Section 18010(b) of the California Health and Safety Code;

(c) A "manufactured home" as defined in Section 18007 of the Health and Safety Code;

(d) A "mobile home" as defined in Section 18008 of the Health and Safety Code;

(e) A "multi-unit manufactured housing" as defined in Section 18008.7 of the Health and Safety Code; or

(f) An apartment conventionally constructed on the site as a separate building or as part of a building.

(5) Any accessory structure on a permanent occupancy space shall comply with the development standards of this section and applicable building codes, shall be specifically authorized by both park management and the enforcement agency, and shall be constructed in accordance with appropriate permit(s).

(G) Exceptions to Development Standards. Exceptions to the development standards set forth in this section may be granted in order to facilitate the conversion of existing transient occupancy recreational vehicle and/or travel trailer parks to permanent occupancy parks with minimal displacement of existing residents. As part of consideration of an application by the park owner, a tenant or a tenant's organization may request exceptions and conditional exceptions to the park or unit development standards established pursuant to subsections (E) and (F) of this section and the approving body may authorize such exceptions, other than exceptions to the requirements for minimum septic and water systems; provided, that the following findings can be made:

(1) That the exception is necessary for either the proper design or function of the permanently occupied park or space, or to minimize the displacement of park residents; and

(2) That the granting of the exception will not be detrimental to the public health, safety and welfare or injurious to other property in the area in which the property is situated; and

(3) That the granting of the exception is in accordance with the objectives of the County General Plan/Local Coastal Plan.

(H) Conversion Conditions. The conversion of an RV park to permanent occupancy may be approved in whole or in part by the approving body, subject to the development standards in subsections (E) and (F) of this section, the exceptions allowed under subsection (G) of this section and the following conditions:

(1) Income Eligibility of Residents. The occupancy of permanent occupancy spaces shall be restricted to very low income households for the life of the park. The affordable housing guidelines shall be followed to establish the income and eligibility of residents. For the purposes of this section, if the park receives State or Federal financial assistance the average income shall not exceed the very low limits. The approving body may authorize the property manager to verify the eligibility of residents. Notwithstanding the above, the following residents shall be excluded from these income eligibility requirements:

(a) One required on-site management representative plus any other park employee(s) identified in the management plan; and

(b) Existing residents of the park at the time the conversion to permanent occupancy is approved, but only to the extent the approving body determines it is necessary to minimize the displacement and relocation of existing tenants.

(2) Maximum Rents and Other Charges. The rents charged for permanent occupancy spaces and nonowner occupied dwelling units that occupy permanent occupancy spaces shall be restricted for the life of the park as specified below. These restrictions shall be included in the use permit, a recorded regulatory agreement and the individual leases with residents.

(a) Space Rent. The rent and rent increases that may be charged for permanent occupancy spaces shall not exceed the amounts that are allowed under the mobile home rent adjustment ordinance, Chapter 13.32 SCCC, regardless of the length of occupancy of the individual residents of these spaces.

(b) Combined Rent for Dwelling Units and Spaces and Multi-Unit Manufactured Housing. The combined rent that may be charged for nonowner occupied dwelling units and spaces or multi-unit manufactured housing or apartments shall not exceed the maximum amounts that may be charged for very low income rental units under the affordable housing guidelines.

(c) Alternative Standards for Assisted Projects. Notwithstanding subsection (H)(2)(b) of this section, the approving body may approve alternative affordability standards and/or a range of maximum combined rents for nonowner occupied dwelling units and spaces if the park receives State or Federal financial assistance and the average combined rent charged for these dwelling units and spaces will not exceed the maximum rent allowed for lower income rental units under the affordable housing guidelines.

(3) Relocation Assistance. Relocation of tenants temporarily or permanently dislocated from the park as a result of the conversion shall be subject to relocation assistance, as provided under Chapter 8.45 SCCC.

(4) Management, Operation and Implementation Plans. Prior to approval of a conversion permit for a park that requires capital improvements and/or is the subject of a current code enforcement action by the County, State of California or a local fire protection district, the park owner must submit a park improvements implementation plan, a management plan, and a maintenance and operations plan as follows:

(a) Park Improvements Implementation Plan. This plan must address both the timing and financing plan for bringing the park into compliance within five years, in accordance with the standards of this section and related permit conditions. The plan is subject to approval by the approving body and shall contain the following provisions:

(i) Improvements. The plan must include a reasonable and orderly plan for converting the physical facilities of the park and complying with the conditions of approval of the conversion permit, while minimizing the impact on park tenants and adjacent property owners/residents.

(ii) Improvement Financing. The plan must include a detailed estimate of all costs related to conversion of the park to permanent occupancy, including physical improvements and temporary and permanent tenant relocation costs. In addition, the plan must include a method for financing these costs. The financing method shall indicate a realistic plan for financing the costs consistent within the time allowed for conversion by the approving body. Financing may take the form of front-end financing (cash on hand or loan) and/or financing over time. Financing over time may be approved through the creation of a formal set-aside of part of the rent proceeds. The amount of the set-aside shall be established by the approving body, based upon a review of the proposed financing plan. Final approval of the park conversion may be conditioned upon evidence of a loan commitment or the existence of funds on hand. Whatever the form of financing, funds for the park conversion must be deposited in a capital improvement fund independently administered by the property manager, as described in subsection (H)(4)(b)(i) of this section, or other independent party approved by the County.

(iii) Extensions. If, after the park owner has demonstrated to the satisfaction of the County that additional time is needed to complete the implementation plan, the approving body may grant an extension to the completion date as specified in the approved implementation plan. In considering whether to approve an extension to the implementation plan, the approving body shall make a determination that the park owner has proceeded in a diligent manner to complete the plan and to comply with the conditions of the conversion permit. This determination shall be based on the financial data submitted by the park owner as well as a review of the quarterly reports required as a condition of this permit. Upon granting additional time for the park owner to complete the implementation plan, the approving body may require the park owner to provide additional funding for the capital improvement fund to cover expenses not identified by the park owner as a part of the approved implementation plan.

(iv) Waiver. The approving body shall waive or reduce the requirements for this plan if (A) neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit, or (B) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(b) Management Plan. The management plan shall provide for long-term property management and maintenance of all facilities and improvements. The management plan shall address all applicable conditions of the conversion permit including detailed information concerning any planned displacement and/or relocation of existing residents and the replacement of substandard units within the park. The management plan shall provide for both a property manager and an on-site manager, and shall include proposed lease agreements, the proposed park rules, and the parking management plan required per subsection (E)(4) of this section, subject to the following provisions:

(i) The property manager shall be an experienced management agent, with demonstrated ability to operate residential facilities similar to the project in a manner that will provide decent, safe, and sanitary housing. The property manager shall be responsible for overseeing the capital improvement fund, hiring and managing the on-site manager, and providing regular reports to the County. The park owner shall submit for the County's approval the initial and all subsequent property managers until the conversion is completed and the project has been in compliance with the conditions of the conversion permit for three years. The owner shall also submit additional information to the County relevant to the background, experience and financial condition of any proposed property manager as is reasonably necessary for the County to determine whether the proposed property manager meets the qualifications standards as set forth above. If the proposed property manager meets the standard set forth above, the County shall indicate its approval by notifying the owner in writing. Unless the proposed property manager is disapproved by the County within 30 days, which disapproval shall state with reasonable specificity the basis for disapproval, it shall be deemed approved. The property manager shall be responsible for ensuring that all units that are moved into the park meet all standards set forth in this section and in compliance with all applicable State and local laws and regulations.

(ii) The on-site manager shall be an employee of the property manager and shall demonstrate adequate experience and qualifications for the position. While the County is not required to approve the on-site manager, the property manager must notify the County within 30 days of appointing the initial and subsequent on-site managers of their names, responsibilities, assigned work hours and qualifications. In addition to other duties assigned by the property manager, the on-site manager shall be responsible for enforcing park rules, including monitoring of parking and abandoned vehicles consistent with this subsection and the permit requirements.

(iii) All lease agreements shall contain appropriate language pertaining to the rights and responsibilities of the owner(s) of the unit and the occupant(s) under the conditions of the conversion permit, including but not limited to:

A. A provision requiring compliance with the parking management plan;

B. A requirement that no inoperable vehicles be stored within the park;

C. A provision that subletting is either not allowed, or that units may only be sublet to very low income households as required by subsection (H)(1) of this section, and that the maximum combined rent for the home and space is restricted pursuant to subsection (H)(2)(b) of this section;

D. Notice of the unit owner's responsibility to bring the unit into compliance with the standards within certain time limits, as set forth in subsection (F) of this section, and notice that if the unit is replaced at any time, the replacement unit must meet the standards as set forth in subsection (F)(4) of this section;

E. Notice that the storage of hazardous materials is not allowed; and

F. Notice that the unit owner and/or unit occupant is responsible for compliance with the requirements of this section as they apply to the unit and/or space.

(iv) Owner Operator. Notwithstanding any language in this subsection (H)(4)(b) which may indicate otherwise, the County may approve a qualified park owner or park owners to act as the property manager and/or on-site manager described in this subsection (H)(4)(b).

(v) Waiver. The approving body shall waive or reduce the requirements for this management plan if (A) the park is not the subject of a code enforcement action by the County, State of California or a local fire protection district, or (B) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(c) Maintenance and Operations Plan. The owner shall submit a plan for financing the ongoing operations and maintenance of the park within the budget for the park. That plan, which must be approved by the County, must include an annual operating budget which provides for maintenance at a level which guarantees that the park will be maintained in a safe and sanitary condition. That plan must also provide for either (i) an annual set-aside of three percent of the annual operating budget for a maintenance reserve plus a minimum annual contribution of two percent of the annual operating budget to a capital replacement reserve for the purpose of financing future capital replacement of fixtures, equipment and improvements or (ii) the maintenance of a fully funded replacement reserve account using the methods, procedures and standards laid out for common interest developments in California Civil Code Sections 1365(a) and 1365.5(e). The approving body shall waive or reduce the requirements for this plan if (1) the park is not the subject of a code enforcement action by the County, State of California or a local fire protection district and neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit or (2) the park will receive State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(5) Capital Improvement Fund. As a condition of permit approval, the owner shall be required to establish a capital improvement fund within 30 days of approval of a conversion permit for the purpose of financing the improvements and other costs related to the conversion as described in the park improvements implementation plan, and for any relocation assistance required under Chapter 8.45 SCCC. The owner shall deposit all front-end contributions, proceeds from loans and rent or other set-asides into this fund, equivalent to the amount needed to meet the requirements of the approved park improvements implementation plan, as established in subsection (H)(4)(a) of this section and as approved by the approving body. This fund shall be administered by the property manager, who shall be accountable for monitoring all contributions to and expenditures from the fund, and periodically providing a report to the owner and County on fund activity and balance. In order to ensure that all proceeds are directed to the required site improvements and related costs, all disbursements from the capital improvement fund shall be subject to advance approval by the County. The approving body shall waive or reduce the requirements for this fund if (a) neither capital improvements nor the correction of code violations are conditions of approval for the conversion permit, or (b) the park receives State or Federal financial assistance that includes conditions that are comparable to those for which a waiver is requested.

(6) Securities. The approving body may require securities, such as insurance, a performance bid, letter of credit or similar method, to guarantee the completion of all required park improvements and compliance with the plans required under subsections (H)(4)(a), (b) and (c) of this section, and related relocation costs.

(I) Monitoring and Compliance.

(1) Status Reports. The park owner shall submit to the County periodic status reports detailing compliance with the conditions of the conversion permit. Such reports shall be submitted quarterly until issuance of a certificate of completion for the conversion, and annually thereafter. During the conversion period, the report shall include a status report on the capital improvement fund and the capital improvement activities, prepared by the property manager. All status reports shall include a listing of unit occupancy and eligibility and indicate all subleases.

(2) Completion Report. At the time that the owner believes that the conversion is completed, the owner shall submit a formal report, for review and approval by the County, that summarizes all improvements made, the total cost for those improvements, the final disposition of the capital improvement fund, and any relocation payments made. Upon review of that document and a field review of the site, if the County finds that the project has met all of the permit requirements, it shall issue the owner a letter acknowledging completion of the requirements for conversion. Failure to complete the conversion within the time limits established in the use permit may result in the revocation of the use permit pursuant to Chapter 18.10 SCCC.

(3) Inspections and Enforcement. County staff shall conduct inspections of a park receiving approval for conversion immediately following receipt of a status report and at other times, as warranted. All deficiencies shall be reported to the park owner in writing within 10 business days of their discovery. The park owner shall correct all reported deficiencies within 15 business days following receipt of the report from the County, unless a longer time period has been agreed to in advance by the County. Continued failure to comply with the conditions of approval of the conversion permit shall subject the property owner to the provisions of Chapter 19.01 SCCC.

(4) Fees. The owner shall pay such fees as may be deemed necessary for the County to monitor and enforce the conditions for the conversion permit.

(Ord. 4587 § 1, 2000; Ord. 4657 § 1, 2002; Ord. 4663 § 1, 2002; Ord. 4731 § 3, 2003; Ord. 4802 § 3, 2005)

13.10.686 Large family child care homes in nonresidential zone districts.

Repealed by Ord. 5423.

(Ord. 4814 § 6, 2006; Ord. 4883 § 2, 2007; Ord. 5182 § 11, 2014)