(A) 
Except as otherwise modified or exempted by the SCCC or the laws of the State of California, the provisions of this chapter apply to discretionary land use permit and legislative matters, including but not limited to:
(1) 
Discretionary permit applications pursuant to SCCC Title 13 (Zoning Regulations) and Title 16 (Environmental and Resource Protection);
(2) 
General Plan, Local Coastal Program, Zoning Ordinance, specific plan, planned unit development, and development agreement text or map amendments pursuant to applicable SCCC Title 18 regulations;
(3) 
SCCC Title 16 environmental regulations text amendments;
(4) 
Land division projects subject to SCCC Title 14, Subdivision Regulations; and
(5) 
Other discretionary permits and reviews as required by the SCCC.
(B) 
Except where specifically noted, this chapter does not apply to the processing of ministerial permits and reviews, including building and associated permits as identified in Chapter 12.10 SCCC. Issuance of zoning clearances and environmental clearances are ministerial administrative actions to determine whether or not a discretionary development permit, legislative action, or environmental permit is required to be approved prior to issuance of a building permit for a proposed project.
(C) 
The provisions of this chapter apply regardless of whether they impose a greater or lesser restriction on the development or use of structures or land than a private agreement or restriction such as conditions, covenants, and restrictions (CC&Rs), and without affecting the applicability of any such private agreement or restriction. The County of Santa Cruz shall not enforce private covenants or agreements unless it is a party to the covenant or agreement.
(Ord. 5427 § 6, 2022)
(A) 
Permits. Development and use of land in Santa Cruz County shall be authorized by one or more of the following types of permits approved pursuant to the procedures of this chapter:
(1) 
Building Permit. A ministerial permit authorizing construction activities issued in conformance with Chapter 12.01 SCCC (Building Permit Regulations) and all other applicable County ordinances may not be issued before (a) any required zoning clearance and/or environmental clearance has been obtained which confirms that no discretionary development permit, discretionary environmental permit, or legislative action is required prior to issuance of the building permit; (b) zoning plan check confirms that the requested building permit is in conformance with the requirements and conditions of existing approved discretionary approvals related to the subject building permit application; or (c) approval of any discretionary development permit, discretionary environmental permit, and/or legislative action that is required.
(2) 
Discretionary Development Permit. A discretionary permit or approval authorizing land use and development pursuant to the applicable regulations of Chapter 13.10 SCCC, Zoning Ordinance; Chapter 13.20 SCCC, Coastal Zone Regulations; SCCC Title 14, Subdivision Regulations; SCCC Title 16, Environmental and Resource Protection, and any other SCCC provisions related to discretionary land use approvals that are not legislative matters.
(B) 
Legislative Matters. The procedures of this chapter shall be followed to establish, amend, or interpret the following land use plans, policies, ordinances, and regulations, in conformance with the following County ordinances and all other applicable County ordinances:
(1) 
General Plan Text and General Plan Land Use Map Designations pursuant to Chapter 18.50 SCCC (General Plan Administration);
(2) 
Specific plans pursuant to Chapter 18.70 SCCC (Specific Plan Administration);
(3) 
Local Coastal Program designations, policies, and implementation ordinances pursuant to Chapter 18.60 SCCC (Local Coastal Program Administration);
(4) 
Zoning Ordinance and Zoning Land Use Map and use and development regulations pursuant to Chapter 13.10 SCCC (Zoning Regulations) and Chapter 18.40 SCCC (Zoning Ordinance Administration);
(5) 
Agricultural land type designations pursuant to Chapter 16.50 SCCC (Agricultural Land Preservation and Protection);
(6) 
Other County land use regulatory ordinances related to land use regulation and permitting, such as regulations of SCCC Title 16 (Environmental and Resource Protection) and SCCC Title 14 (Subdivision Regulations);
(7) 
Planned unit developments (PUDs) pursuant to Chapter 18.30 SCCC; and
(8) 
Development agreements pursuant to Chapter 18.80 SCCC.
(C) 
Applicable County Ordinances. All permits and approvals issued pursuant to this chapter must be acted upon in conformance with the County General Plan and Local Coastal Program and must also be consistent with all other applicable County ordinances and regulations.
(Ord. 5427 § 6, 2022)
The application, processing, and review requirements for any discretionary development permit or land division application, or legislative amendment, vary with the complexity of the project involved and the amount and type of public participation required. There are four basic types of permits and approvals: minor administrative permits, administrative permits, regular public hearing permits, and legislative approvals, as summarized below. A listing of all approved permits and approvals issued shall be maintained by the Planning Department for public review.
(A) 
Minor Administrative Permits. Discretionary permits that are established as minor administrative permits, including but not limited to those listed below, shall be acted upon by the Planning Director or their authorized designee, with no required public notice or public hearing. This is considered equivalent to the Level III process when that term is used within this code.
(1) 
Minor use permit;
(2) 
Minor site development permit;
(3) 
Minor variation/minor modification;
(4) 
Minor riparian exception;
(5) 
Significant tree removal permit;
(6) 
Grading exception; and
(7) 
Temporary permit.
(B) 
Administrative Permits. Discretionary permits that are established as administrative permits, including but not limited to those listed below, shall be acted upon by the Planning Director or their designee, with public notice provided pursuant to SCCC § 18.10.116. No public hearing is required. This is considered equivalent to the Level IV process when that term is used within this code.
(1) 
Administrative use permit;
(2) 
Administrative site development permit;
(3) 
Vacation rental permit;
(4) 
Minor exception (to zoning site development standards);
(5) 
Land clearing permit;
(6) 
Coastal development permit, minor (as defined by Chapter 13.20 SCCC); and
(7) 
Temporary permit (for use with amplified music).
(C) 
Regular or Conditional Public Hearing Permits. Discretionary permits that are established as regular or conditional permits, including but not limited to those listed below, shall be acted upon by the Zoning Administrator, or the Planning Commission or Board of Supervisors as designated by applicable regulations governing the permit request, after holding a public hearing. Public notice of the public hearing shall be provided pursuant to SCCC § 18.10.113 and § 18.10.117 if the permit type is designated with the Planning Commission as the approving body. This is considered equivalent to the Level V process of the Zoning Administrator, or the Level VI process of the Planning Commission, when those terms are used within this code.
(1) 
Conditional use permit;
(2) 
Conditional site development permit;
(3) 
Variance;
(4) 
Coastal development permit;
(5) 
Major riparian exception;
(6) 
Major grading permit;
(7) 
Wireless communication facility (WCF), except as allowed with ministerial permits in SCCC § 13.10.661 through § 13.10.663;
(8) 
Floodplain variance; and
(9) 
Density bonus projects.
(D) 
Legislative Matters. Legislative matters, including but not limited to those identified in SCCC § 18.10.111(B), shall be acted upon by the Board of Supervisors after holding a public hearing, after the Planning Commission first holds a public hearing and makes a recommendation for consideration by the Board. Public notice for the public hearings held by the Planning Commission and by the Board of Supervisors to consider legislative matters shall be carried out in accordance with SCCC § 18.10.113, § 18.10.117 and § 18.10.118. This is considered equivalent to the Level VII process when that term is used by this code.
(Ord. 5427 § 6, 2022)
(A) 
When Neighborhood Meeting Required Prior to Application Submittal or Upon Modification of Application.
(1) 
For all development that requires a discretionary permit or legislative action that is acted upon by the Planning Commission or Board of Supervisors (also known as Level VI or VII application process), the applicant shall conduct a neighborhood meeting to explain the proposed development to and solicit comments from those in attendance. The County Supervisor from the district in which the proposed development is located, the Planning Director, and all owners and occupants within 500 feet of the exterior boundaries of the project parcel shall be notified. In the event that there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the property involved in the application, said 500-foot distance shall be extended in increments of 50 feet (e.g., 550, 600, 650) until owners of at least 10 properties have been notified. The notification shall be by first class mail and shall include a brief description of the proposed development and the date, time, and location of the neighborhood meeting.
(2) 
The following modifications made to a submitted development application during application processing will require new noticing and a neighborhood meeting prior to scheduling the required public hearing to consider action on the proposed project:
(a) 
A change that results in an increase of 20 percent or more in height, floor area ratio or lot coverage; or
(b) 
A change that results in an increase in the number of lots or dwelling units.
(B) 
Summary of Neighborhood Meeting. A summary of the neighborhood meeting shall be required as part of the application submittal. No application shall be deemed complete without the results of the neighborhood meeting when one is required. The results of a required neighborhood meeting are for informational use only and do not govern action on the application.
(C) 
Waiver of Requirement for Second Neighborhood Meeting. The Planning Director may waive the requirement for a second noticed neighborhood meeting prior to the scheduled public hearing if the proposed modification is not significant in the sole determination of the Planning Director relative to neighboring property or the overall development. Waivers will typically be provided when the application review process has resulted in modifications to the proposed project that are generally considered to bring the proposal into greater conformance with goals and objectives of the General Plan and/or Local Coastal Program.
(Ord. 5427 § 6, 2022)
Applications for permits and projects that are considered minor administrative permits or projects (also known as Level III approvals) are not subject to any requirement for public notice. However, if such application is referred to a higher approving body by the Planning Director, then the public notice procedures for such higher permit processing level shall apply to the permit application.
(Ord. 5427 § 6, 2022)
(A) 
Public notice of pending action on an application for an administrative permit that requires public notice but does not require a public hearing (also known as a Level IV permit or process) shall occur not less than 21 calendar days prior to the County taking action and shall be given in the following ways:
(1) 
The County shall mail notice via postcard or letter to the applicant, to the owners of the subject property, to the owners of all property within 500 feet of the exterior boundaries of the subject property, and to all lawful occupants of properties within 100 feet of the subject property, including all lawful occupants of the subject property. Such notices and mailing list shall be based on a mailing list generated by the County. If there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the property involved in the application, said 500-foot distance shall be extended in increments of 50 feet (e.g., 550, 600, 650) until owners of at least 10 properties have been notified by mail.
(2) 
Posting of public notice on the County of Santa Cruz Planning Department website.
(3) 
Notice to the Board of Supervisors. Notice shall be delivered by the United States Postal Service, addressed to each Board Member at the County Governmental Center, or by delivery to each Board Member by County Government interdepartmental mail.
(4) 
Mailing to the applicant of a Notice of Pending Action public notice sign suitable for posting on the subject property, with the applicant to post such public notice sign in a conspicuous place on the property not less than 10 calendar days following the date of the United States Postal Service postmark on the mailing by the County to the applicant.
(B) 
Contents of Notice. The contents of the notice of pending action shall be as follows:
(1) 
Location of the proposed project;
(2) 
Name of the applicant and owner;
(3) 
Description of the proposed project;
(4) 
How further information may be obtained and how to submit information on the proposed project;
(5) 
Final date on which comments will be accepted, which shall be no less than 21 days following the date on which notices are mailed;
(6) 
Date on which a decision may be made on the project;
(7) 
Description of the appeal procedure; and
(8) 
Notices of pending actions for coastal development permits shall include a statement that the development is or is not appealable to the Coastal Commission, and the appeal process.
(Ord. 5427 § 6, 2022)
(A) 
When a provision of the County Code requires public notice of a public hearing to be given pursuant to this section, notice shall be given by the County in all of the following ways:
(1) 
Notices in the form of a postcard or letter shall be mailed or delivered not less than 10 calendar days prior to the public hearing to the owner of the subject real property as shown on the latest equalized assessment roll (or records of the County Assessor or Tax Collector if those records are more recent), to the owner's duly authorized agent, if any, and to the project applicant. Notice shall also be mailed or delivered at least 10 calendar days prior to the public hearing to all owners of real property within 500 feet of the exterior boundaries of the subject property and to all lawful occupants of properties within 100 feet of the subject property, including the lawful occupants of the subject property. If there are fewer than 10 separate parcels within 500 feet of the exterior boundaries of the subject property involved in the application, said 500-foot distance shall be extended in increments of 50 feet (e.g., 550, 600, 650) until owners of at least 10 properties have been notified by mail.
(2) 
The County shall also mail or deliver notices not less than 10 calendar days prior to the public hearing to the Coastal Commission; to each local agency expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected; and to all persons who have filed and maintained written requests with the Planning Department to be on the mailing list for the subject development project or for coastal development permit decisions within that jurisdiction. Written requests filed by persons may be made for notices for all public hearings or for all public hearings relating to a certain application. Requests shall be accompanied by a fee set by the Board of Supervisors resolution.
(3) 
The public notice shall be posted, either by county staff or by the property owner if so directed by County staff, on the property in a conspicuous place at least 10 calendar days prior to the public hearing. The on-site public notice posting shall be carried out in accordance with SCCC § 18.10.121.
(4) 
The County shall provide notice to the Board of Supervisors by delivery by the United States Postal Service addressed to each Board Member at the County Governmental Center, or by delivery to each Board Member by County Government interdepartmental mail, at least 10 days prior to the public hearing.
(5) 
Public agencies shall be notified of tentative map applications pursuant to SCCC § 14.01.305.1, 14.01.318, 14.01.319 and 14.01.320. Public agencies shall be notified of public hearings on General Plan amendments pursuant to SCCC § 18.50.080. In the Coastal Zone, in addition to the Coastal Commission, public agencies shall be notified which, in the judgment of the Planning Director, have an interest in the project.
(6) 
When the Subdivision Map Act (Government Code Section 66410 et seq.) requires notice of a public hearing, notice shall also be given to any owner of a mineral right who has recorded a notice of intent to preserve the mineral right pursuant to Section 883.230 of the Civil Code.
(7) 
Because the State Legislature has found that access restrictions to commercial establishments affecting the blind, aged, or disabled is a critical statewide problem, whenever a public hearing is held regarding a permit for a drive-through facility, or modification of an existing drive-through facility permit, the County shall provide notice to local organizations or agencies representing the blind, aged, and disabled communities.
(Ord. 5427 § 6, 2022)
(A) 
When a provision of the County Code requires public notice of a public hearing to be given pursuant to this section, and when notice is provided to local agencies expected to provide water, sewage, streets, roads, schools, or other essential facilities or services to the project, whose ability to provide those facilities and services may be significantly affected if the proposed project were to be approved, then public notice shall be given in all of the following ways:
(1) 
The County shall provide public notice of a public hearing, given in all of the ways required by SCCC § 18.10.117(A)(1) through (7).
(2) 
The County shall cause the notice to be published in a newspaper of general circulation printed and published within the County, one time, at least 10 calendar days prior to the date set for the public hearing.
(3) 
The County shall post the notice at least 10 calendar days prior to the public hearing, in at least three public places within the boundaries of the local agency, including one public place in the area directly affected by the proceeding.
(Ord. 5427 § 6, 2022)
(A) 
If the number of property owners to whom notice would be mailed or delivered pursuant to SCCC § 18.10.117(A) or § 18.10.118(A) is more than 1,000, then in lieu of mailed or delivered notice the County may provide notice by placing a display advertisement at least 10 calendar days prior to the public hearing, of at least one-eighth page in at least one newspaper of general circulation within the area affected by the proposed ordinance, legislative matter, or development project.
(B) 
The alternative noticing procedure detailed in subsection (A) of this section does not apply as noticing pertains to coastal development permits. Coastal development permits must be noticed in a manner consistent with SCCC § 18.10.117(A) and § 18.10.118(A).
(C) 
Notice of Continuances. Any matter may be continued from time to time. The proposal need not be re-noticed if, at the time of the public hearing for the proposal, the matter is formally continued by a vote of the approving body to a specific date. Otherwise, the continued matter shall be noticed in the same manner as the original hearing. This does not apply to continuances of coastal development permits, which must be re-noticed for all continuances regardless of whether a specific date for such continuance hearing has been set by the approving body.
(Ord. 5427 § 6, 2022; Ord. 5443 § 5, 2024)
(A) 
The contents of public notices provided pursuant to Chapter 13.10 SCCC, Zoning Regulations; Chapter 13.20 SCCC, Coastal Zone Regulations; SCCC Title 14, Subdivision Regulations; SCCC Title 16, Environmental and Resource Protection; and SCCC Title 18, Procedures, shall be as follows:
(1) 
Location of the proposed project;
(2) 
Names of the applicant and of the property owner;
(3) 
Description of the proposed use or development;
(4) 
Name or title of the approving body, hearing officer, or hearing body;
(5) 
Date of the public hearing;
(6) 
Time of the public hearing;
(7) 
Location of the public hearing;
(8) 
How further information may be obtained; and
(9) 
Notices of pending actions for coastal development permits shall include a statement that the development is or is not appealable to the Coastal Commission, and the appeal process.
(Ord. 5427 § 6, 2022)
For projects subject to public notice requirements of SCCC § 18.10.116 and § 18.10.117, the applicant shall install a public notice sign or signs on each site of the proposed development in accordance with this section.
(A) 
Deadline for Installation. Any public notice sign required by this chapter shall be installed on the subject site, and installation verified, no later than the date on which a notice of intent to issue a negative declaration is issued, or no later than the date on which a notice of availability of a draft environmental impact report (EIR) is issued for projects requiring an EIR, or no later than 10 calendar days in advance of the required public hearing for projects determined to be exempt from the California Environmental Quality Act. Sign specifications, including number, content, size, and location(s), shall be in accordance with this chapter and any additional specifications available on the Planning Department's website within the set of administrative practice guidelines approved by the Planning Director. The specifications shall be provided to the manufacturer of the sign by the applicant after confirmation by the Planning Department. Either the sign manufacturer or the applicant shall be required to install the sign in accordance with the above applicable time frames, and verification of installation shall be provided to the Planning Department upon installation. Verification shall occur when the County receives from the applicant a completed certificate attesting that the sign has been installed as required (including photographs).
(B) 
Location. Signage required by this chapter shall be placed on the subject property so as to be clearly seen and readily readable from each right-of-way providing primary vehicular access to the subject property. For proposed projects in public rights-of-way, signs shall be posted at 1,000-foot intervals along subject right(s)-of-way. Additional signs may be required that are visible from other public vantage points, such as for when a proposed project is located within a public park some distance from the vehicular accessway. Signs shall be located so as to not interfere with vehicular line of sight distance.
(C) 
Size, Material, and Height Above Grade. Each sign shall be a minimum of two feet by two feet up to a maximum of two feet (vertical) by four feet (horizontal). Signs shall be constructed of recyclable corrugated plastic (such as Coroplast) or other material acceptable by the Planning Department. The information required shall be painted, laminated, or otherwise rendered weatherproof and shall be legible at all times. No sign required by this chapter shall exceed seven feet above grade, except where necessary to be clearly seen and readily readable from each right-of-way providing primary vehicular access to the subject property.
(Ord. 5427 § 6, 2022)
(A) 
Concurrent Action. When approval of more than one discretionary development permit is required for a project, or when a time extension for more than one permit is applied for, then all of the required permits or extensions shall be applied for, processed, and acted upon concurrently, except in the following cases:
(1) 
No building permit or permit extension shall be issued until all required development permits or development permit extensions have been issued. However, the Planning Director may authorize submittal and processing of applications for building permits in advance of approval and issuance of discretionary permits, with such authorization granted only upon written agreement by the applicant that fees paid for such building permit application and any other applicant-incurred costs are at the sole risk of the applicant and non-refundable to the extent that County costs have been incurred.
(2) 
When a project involves a General Plan/Local Coastal Program amendment and/or a specific plan approval or amendment, the property shall concurrently be rezoned to a consistent zone district and required development and/or land division permits may or may not be concurrently processed, as appropriate. However, in the Coastal Zone, final permit approval may not be granted until the Coastal Commission has approved the Local Coastal Program amendment.
(3) 
Notices of coastal development permit exclusion, or determinations of exemption, may be issued at the time of project application but shall not become effective until they are effective pursuant to the requirements of Chapter 13.20 SCCC and all other approvals and permits required for the project have been obtained.
(4) 
When a project involves a designated historic resource, applications for permit approvals shall not be accepted until the Historic Resources Commission recommendation has been made, as required by SCCC § 16.42.040, and documentation of such action is submitted with the permit applications, except where the Planning Director specifically authorizes the acceptance of a permit application for processing concurrently with the Historic Resources Commission review pursuant to SCCC § 16.42.050(B).
(B) 
Processing Level and Approving Body. When more than one permit is required for any one project, all the required permits for that permit shall, when appropriate, be concurrently acted upon at the highest processing level required for any of the required permits for the project.
(Ord. 5427 § 6, 2022)
(A) 
Consent Agenda. Public hearing items may, at the discretion of the approving body, be placed on a consent agenda. Unless removed from the consent agenda, the items on the consent agenda may be summarily approved or disapproved pursuant to staff recommendations, conditions, and findings. Any item on the consent agenda shall be removed to the regular agenda upon request of any member of the approving body.
(B) 
Referral to Higher Approving Body. At the discretion of the Planning Director, any permit approval or appeal of any permit approval may be referred to a higher approving body if, in the opinion of the Planning Director, the project merits more extensive review. Appeals pending before the Planning Director may be referred to the Zoning Administrator or Planning Commission. Appeals pending before the Zoning Administrator may be referred to the Planning Commission, or to the Board of Supervisors in accordance with procedures of this chapter for special consideration.
(C) 
Continuances. Any matter may be continued from time to time. If the matter is formally continued by the approving body to a date certain, then re-noticing is not required. If the matter is not continued to a date certain, then re-noticing is required. This does not apply to continuances of coastal development permits, which must be re-noticed for all continuances regardless of whether a specific date for such continuance hearing has been set by the approving body.
(Ord. 5427 § 6, 2022; Ord. 5443 § 6, 2024)
(A) 
Discretionary Permits. When applicable, Section 65920 et seq., the Permit Streamlining Act of the California Government Code, or its successor statute, and any other applicable State laws regarding time limits for taking action on development applications, apply to permits issued under this chapter.
(B) 
Land Divisions. Time limits for the processing and issuance of tentative map approvals and the filing of parcel maps and final maps are stated in SCCC § 14.01.301 through § 14.01.339.
(Ord. 5427 § 6, 2022)
Submittal of one or more applications containing alternative projects on any one parcel of land for simultaneous review is prohibited, unless otherwise approved by the Board of Supervisors.
(Ord. 5427 § 6, 2022)