(A) 
General Purposes. In addition to the general objectives of this chapter the residential districts are included in the Zoning Ordinance in order to achieve the following purposes:
(1) 
To provide areas of residential use in locations and at densities consistent with the County General Plan;
(2) 
To preserve areas for primarily residential uses in locations protected from incompatible effects of nonresidential land uses;
(3) 
To establish a variety of residential land use categories and dwelling unit densities which provide a choice of diversified housing opportunities to meet the housing needs of the community consistent with public health and safety;
(4) 
To achieve patterns of residential settlement that are compatible with the physical limitations of the land and the natural resources of the County and that do not impair the natural environment;
(5) 
To ensure adequate light, air, privacy, and open space for each dwelling unit;
(6) 
To maximize efficient energy use and energy conservation in residential districts, and to encourage the use of locally available renewable energy resources;
(7) 
To provide adequate space for off-street parking of automobiles;
(8) 
To provide areas of residential use consistent with the capacity of public services, the urban services line and rural services line and the reserve capacity policy of the Local Coastal Program Land Use Plan for tourist services. To minimize traffic congestion and avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; and
(9) 
To protect residential properties from nuisances, such as noise, vibration, illumination, glare, heat, unsightliness, odors, dust, dirt, smoke, traffic congestion, and hazards such as fire, explosion, or noxious fumes.
(B) 
Specific RA Residential Agricultural District Purposes. To provide areas of residential use where development is limited to a range of nonurban densities of single-family dwellings in areas outside the urban services line and rural services line; on lands suitable for development with adequate water, septic system suitability, vehicular access, and fire protection; with adequate protection of natural resources; with adequate protection from natural hazards; and where small-scale commercial agriculture, such as animal-keeping, truck farming, and specialty crops, can take place in conjunction with the primary use of the property as residential.
(C) 
Specific RR Rural Residential District Purposes. To provide areas of residential use where development is limited to a range of nonurban densities of single-family dwellings in areas having services similar to RA areas, but which are residential in character rather than agricultural due to the pattern of development and use in the area and/or the presence of constraints which would preclude the use of the property for agriculture.
(D) 
Specific R-1 Single-Family Residential District Purposes. To provide for areas of predominantly single-family residential development in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services, or are planned for a full range of urban services.
(E) 
Specific RB Single-Family Ocean Beach Residential District Purposes. To accommodate single-family dwellings on existing lots of record in the vicinity of the cliffs and the ocean beach; where lots abut on and obtain access from a street which is generally parallel to both the beach and the cliff, and which has an elevation of not more than 20 feet above sea level; and where either the seaward right-of-way line of the street or the seaward boundary line of the lots on the ocean side of the street abut open beachlands which are unobstructed to the mean high tide line.
(F) 
Specific RM Multifamily Residential District Purposes. To provide for areas of residential uses with a variety of types of dwellings in areas which are currently developed to an urban density or which are inside the urban services line or rural services line and have a full range of urban services.
(G) 
Specific RF Residential Flexible District Purposes. To accommodate a greater intensity of residences along and near public transportation corridors within the County's urban services line, creating opportunities for infill housing available to residents at various income levels and household sizes, including workers, students, singles, and seniors, specifically by encouraging compact attached housing units. Parcels within the RF Zone District shall be located in areas with a full range of urban services and in close proximity to commercial services, schools/colleges, major employment centers, and/or multimodal corridors as mapped in the Santa Cruz County General Plan/Local Land Use Plan.
Ground-floor commercial uses may be appropriate in the RF district if compatible with adjacent land uses.
(Ord. 3432 § 1, 1983; Ord. 3501 § 1, 1984; Ord. 4346 §§ 10, 11, 1994; Ord. 4406 §§ 4, 5, 1996; Ord. 4416 §§ 4, 5, 1996; Ord. 4496-C § 5, 1998; Ord. 5423 § 11, 2022)
(A) 
Allowed Uses. The uses allowed in residential districts shall be as provided in the Residential Uses Chart. Certain disallowed uses that are preexisting on a parcel may be considered legal nonconforming uses. See SCCC § 13.10.260 and § 13.10.261 for regulations regarding legal nonconforming uses.
(B) 
Use Permits. A discretionary approval for an allowed use is known as a "use permit." Certain allowed uses are permitted by right and other allowed uses require a use permit as indicated in the Residential Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(C) 
Other Discretionary Permits. Physical site development may require a site development permit pursuant to SCCC § 13.11.035, a Coastal Development Permit pursuant to SCCC § 13.20.050, or other discretionary review.
(D) 
Residential Uses Chart. Allowed uses and permit requirements for residential zone districts are identified in the following chart. Uses that are not specifically identified in the chart but are determined by the Planning Director to be of the same general character as an identified use, may be permitted subject to the same permit requirements as the identified use.
KEY:
P
Permitted by right: Use is allowed without a use permit.
ZC
Zoning Clearance: Ministerial review for conformance with Zoning Ordinance, no use permit required.
MUP
Minor Use Permit: Discretionary permit, no public notice.
AUP
Administrative Use Permit: Discretionary permit with public notice.
CUP
Conditional Use Permit: Discretionary permit with public notice and a public hearing. Hearing is before the Zoning Administrator except where the Planning Commission (PC) is specified.
A
Use must be ancillary or complementary to another allowed use. A primary allowed use must first be in place or must be proposed concurrently on a site to allow an ancillary or complementary use.
NA
Use not allowed in this zone district.
Table 13.10.322-1: Residential Uses Chart
Use
Permit Required by Zone
References and Notes
RA/ SU
RR
R-1
RB
RM
RF
Housing—Residential Units
Dwelling unit, single-family detached
P
P
P
P
NA*
NA*
*Exception per 13.10.324(F) (AB803).
CUP for units
>5,000 sf per 13.10.324(C).
13.10.700-D
Dwelling unit, single-family attached
P
P
P
P
P
P
Dwelling units, single-family dwelling groups
ZC
ZC
ZC
ZC
NA
NA
Dwelling units, multifamily
NA*
NA*
NA*
NA*
P
P
*Exception for duplexes where allowed per CA Gov. Code 65852.1 (SB9)
13.10.700-D
Senior rental housing
NA
NA
NA
NA
CUP
CUP
13.10.700-S
Foster home: 7 or fewer children
P
P
P
P
P
P
13.10.700-F
Foster home: 8 or more children
CUP
CUP
CUP
CUP
CUP
CUP
13.10.700-F
Mobile home park
NA
NA
NA
NA
CUP
NA
13.10.684
Permanent room housing
CUP-PC
CUP-PC
CUP-PC
NA
CUP-PC
NA
13.10.425—13.10.428
Accessory dwelling unit (ADU)
PA
PA
PA
PA
PA
PA
13.10.681
Junior ADU
PA
PA
PA
PA
PA
NA
JADU must be associated with a single-family dwelling unit.
13.10.681
Residential accessory structure, habitable and non-habitable
P*
P*
P*
P*
P*
P*
*See 13.10.611 for when a discretionary permit is required.
Housing - Institutional and Care Facilities
Residential care home (six or fewer residents)
P
P
P
P
P
P
Residential care homes are considered a residential use if less than 7 residents. Larger facilities are commercial.
13.10.700-R
Residential care home, (seven or more residents)
CUP
CUP
CUP
CUP
CUP
CUP
Skilled nursing facility, residential care facility for the elderly, continuing care retirement community with fewer than 100 occupants, group quarters
CUP
CUP
CUP
NA
CUP
CUP
These are all considered non-residential uses.
13.10.700-C, 13.10.700-G, 13.10.700-R, 13.10.700-S
Continuing care retirement community with over 100 occupants
CUP-PC
CUP-PC
CUP-PC
NA
CUP-PC
CUP-PC
Residential Units—Commercial Uses (Ancillary to Residential Use)
Tract offices
CUP
CUP
CUP
CUP
CUP
CUP
Family day care home
PA
PA
PA
PA
PA
PA
Serving up to 14 children (see 13.10.700-D). Subject to 13.10.613.
Home occupations
PA/ CUPA
PA/ CUPA
PA/ CUPA
PA/ CUPA
PA/ CUPA
PA/ CUPA
See 13.10.613 to determine when a CUP is required.
Hosted rentals
ZCA
ZCA
ZCA
ZCA
ZCA
ZCA
Hosted rental permit required per 13.10.690.
Vacation rentals
AUPA/ CUPA
AUPA/ CUPA
AUPA/ CUPA
AUPA/ CUPA
AUPA/ CUPA
AUPA/ CUPA
MUP for new rentals with ≤ 3 bedrooms. AUP for renewals. CUP for new rentals with > 3 bedrooms. Vacation rental permit required per 13.10.694.
Visitor Accommodations
Bed and breakfast inns, 12 or fewer rooms
CUP
CUP
CUP
NA
CUP
NA
13.10.689, 13.10.691
Commercial visitor accommodations, small scale, coastal special community
13.20
13.10.689
13.10.692
New construction
NA
NA
CUP
NA
CUP
NA
Conversion of existing structure
CUP
CUP
CUP
NA
CUP
NA
Organized camps
CUP-PC
CUP-PC
CUP-PC
NA
CUP-PC
NA
13.10.689
Commercial Uses
Active commercial uses (businesses open to the general public)
Active commercial uses allowed on the ground floor only. Uses may include the following commercial use categories per 13.10.332(D): eating and drinking; entertainment; fitness and recreation; and neighborhood/community sales and services.
≤ 10,000 sf
NA
NA
NA
NA
CUP
CUP
> 10,000 sf
NA
NA
NA
NA
NA
CUP-PC
Recreation, Events and Community Facilities
Clubs, lodges, private meeting halls, and recreational facilities such as golf courses, tennis clubs
In the RF district, must be ancillary to residential use.
≤ 10,000 sf
CUP
CUP
CUP
NA
CUP
CUPA
> 10,000 sf
CUP-PC
CUP-PC
CUP-PC
NA
CUP-PC
CUP-PCA
Commercial weddings and similar celebrations
CUP
CUP
NA
NA
NA
NA
Subject to 13.10.615.
Community centers
≤ 10,000 sf
CUP
CUP
CUP
NA
CUP
CUP
> 10,000 sf
CUP-PC
CUP-PC
CUP-PC
NA
CUP-PC
CUP-PC
Open space uses, noncommercial, not involving structures, such as ecological preserves, playgrounds, and unpaved sports fields
P
P
P
P
P
P
Parks: local, public, and associated facilities
CUP-PC
CUP-PC
CUP-PC
CUP-PC
CUP-PC
CUP-PC
Public structures and facilities
≤ 10,000 sf
CUP
CUP
CUP
CUP
CUP
CUP
> 10,000 sf
CUP-PC
CUP-PC
CUP-PC
CUP-PC
CUP-PC
CUP-PC
Religious facilities
≤ 10,000 sf
CUP
CUP
CUP
NA
CUP
CUP
> 10,000 sf
CUP-PC
CUP-PC
CUP-PC
NA
CUP-PC
CUP-PC
Recycling collection facilities, small
MUPA
MUPA
MUPA
MUPA
MUPA
MUPA
Must be associated with a community or public facility, subject to 13.10.658. No use permit required for reverse vending machines.
Day care centers
13.10.700-D
≤ 10,000 sf
CUP
CUP
CUP
NA
CUP
NA
> 10,000 sf
CUP-PC
CUP-PC
CUP-PC
CUP-PC
CUP-PC
NA
Schools
CUP
CUP
CUP
NA
CUP
NA
Animal Keeping
Dogs and cats
P
P
P
P
P
P
Maximum 4 cats or dogs.
Kennels (5 or more dogs or cats over 4 months old)
CUP
NA
NA
NA
NA
NA
13.10.646
Small animal keeping
P*
P*
P*
NA
NA
NA
*CUP required to exceed density limits specified in 13.10.645.
13.10.700-A
Large animal keeping
P*
CUP
NA
NA
NA
NA
Public stables and riding
CUP
NA
NA
NA
NA
NA
13.10.645
Bee keeping
P/ CUP
P/ CUP
NA
NA
NA
NA
P in RA and RR for 2 hives.
13.10.645
Fish hatcheries
CUP
CUP
CUP
NA
NA
NA
Agriculture
Gardening, family; community garden
P
P
P
P
P
P
13.10.700-G
Agriculture, small scale commercial
PA
CUPA
CUPA
NA
NA
NA
On-site retail such as Christmas tree farms allowed on RA with MUP.
13.10.327
Greenhouse
Subject to development standards in 13.10.323(C).
≤ 1,000 sf
P
P
P
P
P
P
> 1,000 sf
MUP
MUP
NA
NA
NA
NA
Nurseries, commercial
CUP
NA
NA
NA
NA
NA
Wineries (<1,000 gallons annual production: home occupation)
P
P
P
P
P
P
13.10.613
Wineries, small
CUP
CUP
NA
NA
NA
NA
13.10.637
Wineries, medium
CUP-PC
CUP-PC
NA
NA
NA
NA
Commercial Cannabis Cultivation, Manufacturing, and Distribution
All uses subject to SCCC § 13.10.650 (Non-retail commercial cannabis) and with a license pursuant to Chapter 7.128 SCCC.
Indoor cultivation (including greenhouses): outside coastal zone and 1-mile buffer
Commercial cannabis cultivation not permitted within the coastal zone and 1-mile buffer.
X: CUP for non-Class CG licensed cultivation activities.
*: CUP for new structures over 2,000 sf.
≤ 2,000 sf
AUPX
NA
NA
NA
NA
NA
> 2,000 sf
AUP*
NA
NA
NA
NA
NA
Greenhouse replacement, reconstruction, or structural alteration
AUPX
NA
NA
NA
NA
NA
X: CUP for non-Class CG licensed cultivation activities.
Outdoor cultivation (including hoop houses): outside coastal zone and 1- mile buffer
AUPX*
NA
NA
NA
NA
NA
Commercial cannabis cultivation not permitted within the coastal zone and 1-mile buffer.
X: CUP for non-Class CG licensed cultivation activities.
*: CUP for cultivation area > 500 sf.
Water tank
MUPA
NA
NA
NA
NA
NA
A: Accessory to cannabis cultivation.
Manufacturing, Class 1 or 2 (outside coastal zone and 1-mile buffer)
CUPA*
NA
NA
NA
NA
NA
Class 1 or 2 manufacturing not permitted within the coastal zone and 1-mile buffer. Class 3 manufacturing not permitted anywhere in residential districts.
A: Cannabis manufacturing uses must be ancillary to on-site commercial cannabis cultivation.
*: MUP if 0 employees (not including owner), and structure < 2000 sf, and cannabis is not imported from off site.
Distribution, Class 1 (outside coastal zone and 1-mile buffer)
Class 1 distribution not permitted within the coastal zone and 1-mile buffer. Class 2 distribution not permitted anywhere in residential districts. A: Cannabis distribution uses must be ancillary to on-site commercial cannabis cultivation.
< 2,000 sf
MUPA
NA
NA
NA
NA
NA
≥ 2,000 sf
CUPA
NA
NA
NA
NA
NA
Distribution, transport only
P
P
P
P
P
P
Infrastructure and Utilities
Air strips
CUP-PC
CUP-PC
NA
NA
NA
NA
13.10.700-A
Energy cogeneration
MUP
MUP
MUP
MUP
MUP
MUP
13.10.700-C
Utility facility
CUP
CUP
CUP
CUP
CUP
CUP
Includes private and public utilities, and microgrids (see SCCC § 13.10.700-M).
Wireless communication facilities
ZC
P/CUP
ZC
P/CUP
ZC
P/CUP
ZC
P/CUP
ZC
P/CUP
ZC
P/CUP
Subject to SCCC § 13.10.660 through § 13.10.664, inclusive
1. Table indicates use permits only. Other discretionary permits may be required.
(E) 
Use Conditions.
(1) 
Signage. Signage is allowed, subject to SCCC § 13.10.580, with an MSP for non-residential signage per SCCC § 13.11.037.
(2) 
Temporary/seasonal use is allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616.
(3) 
Additional conditions for specific uses are found in other code sections as referenced in the Residential Uses Chart.
(Ord. 3432 § 1, 1983; Ord. 3461 § 2, 1983; Ord. 3593 § 4, 1984; Ord. 3632 § 6, 1985; Ord. 3756 § 1, 1986; Ord. 3843 § 3, 1987; Ord. 3895 § 1, 1988; Ord. 3925 § 1, 1988; Ord. 4036 § 4, 1989; Ord. 4097 § 4, 1990; Ord. 4099 § 3, 1990; Ord. 4346 § 12, 1994; Ord. 4457-A §§ 1, 2, 1997; Ord. 4460 § 2, 1997; Ord. 4495 §§ 3–5, 1998; Ord. 4496-C § 6, 1998; Ord. 4577 §§ 2, 3, 1999; Ord. 4641 § 2, 2001; Ord. 4646 § 2, 2001; Ord. 4715 § 2, 2003; Ord. 4727 § 4, 2003; Ord. 4737 § 1, 2003; Ord. 4744 § 2, 2003; Ord. 4751 § 5, 2003; Ord. 4770 § 2, 2004; Ord. 4808 §§ 7, 8, 2005; Ord. 4836 §§ 48–66, 2006; Ord. 4921 § 5, 2008; Ord. 5018 §§ 1, 7, 2008; Ord. 5061 §§ 9–12, 2009; Ord. 5092 § 2, 2011; Ord. 5152 § 3, 2013; Ord. 5229 § 2, 2016; Ord. 5239 § 3, 2017; Ord. 5264 § 4, 2018; Ord. 5265 § 3, 2018; Ord. 5266 § 2, 2018; Ord. 5272 § 3, 2018; Ord. 5305 § 2, 2019; Ord. 5325 § 4, 2020; Ord. 5326 § 4, 2020; Ord. 5334 § 3, 2020; Ord. 5336 § 3, 2020; Ord. 5345 § 2, 2020; Ord. 5365 § 2, 2021; Ord. 5402 § 2, 2022; Ord. 5423 § 11, 2022; Ord. 5439 § 2, 2023)
(A) 
Site Development Permit. A discretionary permit for physical site development such as an addition, exterior remodel, or new construction associated with an allowed use is known as a "site development permit." SCCC § 13.11.035 identifies the types of site development projects which require a site development permit. The processing procedures and findings for site development permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.
(1) 
Design review is required for some site development permits pursuant to SCCC § 13.11.040 through § 13.11.080.
(2) 
Modification of a site or structure with a valid site development permit may be processed as an amendment to the existing site development permit in accordance with SCCC § 18.10.134. For modifications to a legal nonconforming structure, or modifications to a structure accommodating a legal nonconforming use, see SCCC § 13.10.260 et seq.
(B) 
Site Area for the Creation of New Sites.
(1) 
Calculation of Land Area. Inside the urban services line or rural services line, land area is based on gross site area, minus any coastal bluffs, beaches, and land seaward of the mean high tide line of Monterey Bay. Outside the urban and rural services lines, land area is based on net developable site area. See SCCC § 13.10.700 for definitions of "site area, gross" and "site area, net developable."
(2) 
Maximum Land Area per Dwelling Unit (Minimum Density). Maximum land area allowed for each dwelling unit on a new site shall be determined by the density range provided by the General Plan designation for the parcel.
(3) 
Minimum Land Area per Dwelling Unit (Maximum Density).
(a) 
RA and RR Residential Districts. Minimum land area required for each dwelling unit on each site shall be established by the rural residential density determination matrix (Chapter 13.14 SCCC) outside the urban services line and rural services line or shall be one acre inside the rural services line.
(b) 
R-1 and RM Residential Districts. Zone district names shall be combined with a number which shall indicate the minimum land area required for each dwelling unit on each site in the district. For example: "R-1-6" means a minimum land area of 6,000 square feet per dwelling unit. The R-1 Single-Family Residential District located outside the urban services line recognizes as conforming those parcels that are generally less than one acre in size, are legal lots of record, and were developed with or intended for development of a single-family residence. Newly created parcels outside the urban services line shall not be zoned R-1.
(c) 
RB Ocean Beach Residential District. Minimum land area per dwelling unit is 4,000 square feet.
(d) 
RF Residential Flex District. Maximum density is 45 dwelling units per acre (968 square feet per dwelling unit).
(4) 
Parcel size shall be consistent with the General Plan, Local Coastal Program Land Use Plan, the Geological Hazards Ordinance (Chapter 16.10 SCCC), and the minimum parcel size standards in SCCC § 13.10.510(G).
(5) 
In the zone districts listed in subsections (B)(3)(a) through (d) of this section, one single-family dwelling is permitted on existing parcels regardless of the site area standards if other infrastructure requirements can be met, such as water and sewer, and if all other applicable LCP requirements are met.
(C) 
Site and Structural Dimensions Chart. The following single-family and multifamily charts show development standards for residential zone districts. These standards shall apply within all residential R zone districts, except as noted elsewhere in this section, and in the general exceptions as noted in SCCC § 13.10.510 et seq.
Table 13.10.323-1: Single-Family Residential Site and Structural Dimensions Chart
Develop-ment Standards
Standards by Zone1,2
RB
R-1-2.5 to R-1-4
R-1-5
R-1-6 to R-1-9
R-1-10 to
R-1-15
R-1-16 to R-1<1 acre
RR, RA, R-1>1
acre
Parcel Dimensions (new parcels)
Minimum site width (feet)
40
35
35
60
60
90
1-5 acres: 100
> 5 acres: 150
Minimum parcel frontage (feet)
40
35
35
60
60
60
1-5 acres: 60
> 5 acres: 100
Building Massing1
Maximum building height
25 (17 for beach lots)
28
28
28
28
28
28
Maximum number of stories
2 (1 for beach lots)
2
2
2
2
2
3
Maximum floor area ratio (FAR)3
0.5
R-1-2.5: 0.7
R-1-3: 0.6
R-1-4: 0.6
0.5
0.5
0.5
NA
NA
Maximum parcel coverage ("lot coverage")
40%
45%
40%
40%
40%
20%
10%
Building Setback Distance From Property line1,4,5
Front yard setback (feet)
10
15
15
20
20
20
20
Side yard setbacks—interior (feet)
0 & 5
5 & 5
5 & 8
5 & 8
10 & 10
15 & 15
20 & 20
Side yard setback—street-facing (feet)
10
8
10
10
10
15
20
Rear yard setback (feet)
10 (0 for beach lots)
15
15
15
15
15
20
Front, side, or rear yard setback—garage/carport entrance (feet)
20
18
20
20
20
20
20
1. Building massing and setback standards are provided for primary dwellings. See SCCC § 13.10.611 for development standards for accessory structures, including detached garages. See SCCC § 13.10.681 for development standards for accessory dwelling units (ADUs).
2. Exceptions to site development standards apply per subsection (E) through (G) of this section.
3. To calculate FAR, see SCCC § 13.10.510 and § 13.10.700 for "floor area ratio" and related definitions.
4. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria.
5. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements.
Table 13.10.323-2: Multifamily Residential Site and Structural Dimensions Chart
Development Standards
Standards by Zone 1,2
RF
RM-1.5 to RM-2.5
RM-3 to RM-4
RM-4.5
RM-5 to RM-6
RM-6.5 to RM-9
Parcel Dimensions (new parcels)
Minimum site width (feet)
50
35
35
35
50
60
Minimum parcel frontage (feet)
50
35
35
35
50
60
Building Massing1
Maximum building height
40
28 (outside USL)
35 (within USL)
28 (outside USL)
35 (within USL)
28
28
28
Maximum number of stories
3
3
3
2
2
2
Maximum floor area ratio (FAR)3
1.1 (< 30 du/acre)
1.5 (≥30 du/acre)
0.7
0.6
0.5
0.5
0.5
Maximum parcel coverage ("lot coverage")
NA
45%
45%
45%
45%
45%
Building Setback Distance from Property Line1,4,5
Front yard setback (feet)
10
15
15
15
20
20
Side yard setbacks—interior (feet)
5 & 5
5 & 5
5 & 5
5 & 5
5 & 8
5 & 8
Side yard setback—street (feet)
8
8
8
8
8
8
Rear yard setback (feet)
15
15
15
15
15
15
Front, side, or rear yard setback—Garage/carport entrance (feet)
18
18
18
20
20
20
Third story setback (feet)
Minimum of 50% of exterior walls of the third story set back at least 10 feet from property setback lines
NA
NA
NA
1. Building massing and setback standards are provided for primary dwellings. See SCCC § 13.10.611 for development standards for accessory structures, including detached garages. See SCCC § 13.10.681 for development standards for accessory dwelling units (ADUs).
2. Exceptions to site development standards apply per subsections (E) through (G) of this section.
3. To calculate FAR, see SCCC § 13.10.510 and § 13.10.700 for definition of "Floor Area Ratio" and related definitions. See SCCC § 13.10.323(F)(8) for FAR exemption.
4. Sidewalks and other amenities for pedestrians, bicyclists, and transit riders are required based on street typology and roadway classification. Space for these amenities may lead to larger front and street side setback requirements. See SCCC § 15.10.050 and County Design Criteria.
5. See SCCC § 13.16.093, Sight distance, for areas in which no structure, fence, or retaining wall shall exceed three feet in height. In some cases sight distance requirements may require a structure to be set back farther than the zone district requirements.
(D) 
Usable Open Space. In RM and RF Districts, common and private usable open space shall be provided according to the following table:
Table 13.10.323-3: Usable Open Space Requirements
Type of Open Space
RM Districts
RF District
Common open space
Minimum of 200 sf per unit. Minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre.
Minimum 15% of gross site area (common and/or private space).
If group open space provided, apply a minimum dimension of 15' for sites up to 1/2 acre, and 20' for sites larger than 1/2 acre.
Private open space (must be directly accessible from the dwelling unit served)
Minimum of 60 sf per unit, with a minimum dimension of 6'.
Minimum of 60 sf per unit for 50% or more of units included in project, with a minimum dimension of 6'.
All required usable open space:
(1) 
Shall be planted with lawn or ground cover, or surfaced with dust-free material;
(2) 
Shall be screened from streets and adjacent sites;
(3) 
If above ground, shall be open on at least one side;
(4) 
Shall not be located in a parking area, driveway, or service area;
(5) 
Shall not have a slope of more than 10 percent; and
(6) 
Shall not be obstructed except by improvements that enhance its usability, such as swimming pools, fountains, sunshades, and plantings.
(E) 
Site and Structural Dimensions Exceptions Relating to Parcels.
(1) 
Parcels Created From New Land Divisions. Within any new land division project, all development standards on all lots or parcels which abut the periphery of the project site are subject to all the restrictions stated in this section unless a variance is obtained. On individual lots or parcels within any land division project not abutting the periphery of the project site, site and structural dimensions may vary from the general requirements for the zone district; provided, that the approved standards and dimensions for each new lot or parcel are specifically indicated on the approved tentative map.
(2) 
Nonconforming Parcels. On a lot which contains less than 80 percent of the minimum site area required in the applicable zone district, or has less than 80 percent of the minimum width, or frontage, the building setbacks required shall be equal to those in the zone district having a minimum site area or dimensions which most closely correspond to those of the substandard lot.
(3) 
Parcels Reduced Due to Right-of-Way Dedications.
(a) 
A site area variance approval shall not be required for a new single-family dwelling or additions to an existing single-family dwelling on an existing lot of record which is reduced in size to less than the minimum site area required in the applicable zone district due to requirements for a public dedication of right-of-way.
(b) 
For a new or existing single-family dwelling on an existing lot of record which becomes nonconforming due to a public dedication of right-of-way, variances to building setback and structural dimension requirements shall not be required; provided, that the front yard setback is not less than 15 feet and the street side yard setback is not less than six feet.
(4) 
Parcels With Agricultural, Geological or Environmental Resources and/or Constraints. For setbacks from fault zones, floodplains/floodways, and coastal bluffs and beaches, see SCCC § 16.10.070. For setbacks from riparian corridors see SCCC § 16.30.040. For setbacks from sensitive habitats, see SCCC § 16.32.090. For setback/buffer requirements for parcels abutting commercial agricultural, CA zoned parcels, see SCCC § 16.50.095.
(5) 
Parcels With Steep Slopes.
(a) 
In all residential zone districts, if the elevation of the lot at a point 50 feet from the center line of the traveled roadway is seven feet or more above or below the elevation of said center line, an attached or detached carport which (in the interest of public safety) is unenclosed on all sides may be built to within five feet of the front property line or edge of right-of-way of the lot. Open safety railings no more than 42 inches in height may be constructed to the property line without a development permit, except that in the Coastal Zone a coastal development permit will be required for all such development unless it is exempt from coastal development permit requirements pursuant to SCCC § 13.20.060 or § 13.20.070.
(b) 
In the RB District, where the site abuts an existing street, road, or easement for road purposes recorded in the County Recorder's Office before March 25, 1969, and where the front 30 feet of the site exceeds a slope of 25 percent, no front yard is required.
(6) 
Parcels With Double Frontage. When both the front and rear property lines of a parcel abut on a right-of-way to which it has legal access, the required front yards shall be measured from both rights-of-way. Only one of the front yards shall be required to meet the off-street parking criteria described in Chapter 13.16 SCCC.
(7) 
Parcels With Narrow Width. Non-corner parcels with parcel width less than 60 feet may apply side yard setbacks of five feet, if a greater side yard setback is usually required for the zone district where the parcel is located.
(8) 
For parcels where there is an historic resource that has been designated consistent with the California Register of the State Office of Historic Preservation and Chapter 16.42 SCCC, the maximum parcel coverage shall be 1.25 times that of the applicable zone district, and the floor area ratio (FAR) shall be 0.6:1 in any zone district where the standard FAR is 0.5:1. Development shall be consistent with State Office of Historic Preservation guidance and with Chapter 16.42 SCCC.
(9) 
Fire Safe Setbacks in State Responsibility Areas. Greater setbacks may apply for parcels in State Responsibility Areas (SRAs). See the County GIS system to determine if a parcel is in an SRA, and the State Fire Code and Title 14, Chapter 7, Section 1270.00, et seq. of the California Code of Regulations for State SRA Fire Safe Regulations.
(F) 
Site and Structural Dimension Exceptions Relating to Structures.
(1) 
Structural Encroachments. Eaves, chimneys, bay windows (less than 60 inches in height), uncovered, unenclosed porches, decks, stairways, and landings may extend into required front and rear yard by six feet; provided, that balconies or decks must be cantilevered in order to encroach. Eaves, chimneys and uncovered, unenclosed stairways and landings may extend into required side yard three feet. Decks less than 18 inches high may be constructed to property lines. Second story rooftop decks and landings are not permitted. Structural encroachments associated with accessory dwelling units must preserve minimum two-foot interior side and rear setbacks.
(2) 
Affordable Housing. Variations from maximum structural height, maximum number of stories and maximum floor area as defined by FAR may be approved with a residential development permit by the appropriate approving body for affordable housing unit developments built on site or off site in accordance with SCCC § 13.10.681, § 13.10.685 and Chapter 17.10 SCCC.
(3) 
Missing Middle Housing.
(a) 
Per California Government Code Section 65913.11 (SB 478), certain small housing projects shall have no maximum density and a maximum FAR as follows:
(i) 
Three to seven housing units: maximum FAR 1.0.
(ii) 
Eight to 10 housing units: maximum FAR 1.25.
(b) 
Eligible housing projects for subsection (F)(3)(a) of this section must be located within a Census designated urban area, in the RM or RF Zone District, and not within the "L" combining zone district.
(c) 
On sites with multiple parcels, attached single-family homes may be constructed with their attached wall along the property line.
(4) 
Structures Designed for Solar Access.
(a) 
Criteria for New Construction. In cases where it is not possible to orient a new building southward within the applicable yard requirements for the purpose of incorporating an active or passive solar energy system, a reduction in such yard requirements may be authorized with an MSP issued pursuant to Chapter 18.10 SCCC; provided, that:
(i) 
The purpose of the reduction is to incorporate an active or passive solar energy system into the new building;
(ii) 
The building envelope would comply with all zoning provisions if oriented parallel to the lot lines;
(iii) 
The reduced yard requirement will not restrict emergency access or present a fire hazard; and
(iv) 
The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks.
(b) 
Criteria for Structural Additions. In cases where it is not possible to make additions to an existing structure within the applicable yard requirements for the purpose of attaching an active or passive solar energy system, reduction in such yard requirements may be authorized with an MSP issued pursuant to Chapter 18.10 SCCC; provided, that:
(i) 
The reduced yard requirement will not restrict emergency access, or present a fire hazard;
(ii) 
The reduced yard requirement will not be detrimental or injurious to property or improvements in the neighborhood, and will not limit solar energy access on neighboring property to a greater extent than if the building envelope complied with the required setbacks; and
(iii) 
The portion of the addition within the required setback is designed for the primary purpose of collecting solar energy.
(5) 
Structures Larger Than 5,000 Square Feet. No residential structure shall be constructed which will result in 5,000 square feet of floor area or larger, exclusive of accessory structures, unless a CUP is obtained pursuant to the provisions of SCCC § 13.10.324(C).
(6) 
Structures Exceeding Zoning District Height Limit.
(a) 
With Increased Yards. An additional height allowance is allowed if all required yards are increased five feet for each foot over the permitted building height, and planning approvals are obtained according to the following table:
Parcel Size (Net Site Area)
Maximum Height Above Existing Grade
Planning Approvals Required
Less than 2-1/2 acres
Over zoning district height limit
AUP
2-1/2 acres or larger
Over zoning district height, up to 7 additional feet
MUP
Over zoning district height, over 7 additional feet
AUP
(b) 
With Design Review. An additional height allowance of up to five feet may be allowed without increased yards or variance approval, subject to design review and CUP approval.
(7) 
Front Yard Averaging.
(a) 
On a site situated between sites improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average depth of the front yards on the improved sites adjoining the side lines of the site but in no case shall be less than 10 feet.
(b) 
Where a site is not situated between sites improved with buildings and where sites comprising 40 percent of the frontage on a block are improved with buildings, the minimum front yard for the first floor of structures other than garages or carports may be the average of the existing front yard depths on the block but in no case shall be less than 10 feet.
(c) 
In computing average front yard depths, the figure 30 feet shall be used in lieu of any front yard depth greater than 30 feet.
(d) 
Proposed garages or carports shall meet the minimum front yard setbacks shown in this section, site and structural dimensions charts, or as allowed by subsection (E)(5) of this section, Parcels With Steep Slopes. The required front yard setback for other accessory structures may be reduced as allowed by SCCC § 13.10.611(D).
(8) 
FAR Parking Exemption. Within the USL, Residential Flex, RM-1.5 to RM-2.5 and RM-3 to RM-4 projects that incorporate at least 75 percent of parking spaces with underground garages, multi-story above-ground garages, or podium parking located on or off site are not subject to a maximum FAR.
(G) 
Additional Exceptions to Development Standards. Applicants may apply to exceed development standards with a minor exception (SCCC § 13.10.235), variance (SCCC § 13.10.230), or planned unit development (SCCC § 18.30.183).
(Ord. 3432 § 1, 1983; Ord. 3501 § 2, 1984; Ord. 3593 §§ 5–7, 1984; Ord. 3632 §§ 7, 8, 1985; Ord. 3746 §§ 1–3, 1986; Ord. 4095 §§ 1–6, 1990; Ord. 4097 § 5, 1990; Ord. 4119 § 3, 1991; Ord. 4122 § 3, 1991; Ord. 4159 § 1, 1991; Ord. 4194 §§ 1, 4, 5, 1992; Ord. 4281 § 1, 1993; Ord. 4286 § 2, 1993; Ord. 4312 § 2, 1994; Ord. 4314 § 2, 1994; Ord. 4324A § 1, 1994; Ord. 4346 § 13, 1994; Ord. 4371 § 1, 1995; Ord. 4406 § 6, 1996; Ord. 4416 § 6, 1996; Ord. 4460 § 3, 1997; Ord. 4495 § 6, 1998; Ord. 4496-C §§ 7, 8, 9, 1998; Ord. 4641 § 3, 2001; Ord. 4646 § 3, 2001; Ord. 4727 § 5, 2003; Ord. 4737 § 2, 2003; Ord. 4751 § 6, 2003; Ord. 4782 § 3, 2005; Ord. 4808 §§ 9–16, 2005; Ord. 4836 §§ 67–76, 2006; Ord. 4850 §§ 1, 2, 2007; Ord. 4921 §§ 7, 8, 2008; Ord. 5018 §§ 1, 8–15, 2008; Ord. 5042 §§ 1, 2, 2009; Ord. 5087 §§ 3, 4, 2011; Ord. 5095 § 1, 2011; Ord. 5115 § 1, 2012; Ord. 5119 §§ 17, 18, 2012; Ord. 5124 § 1, 2012; Ord. 5126 § 2, 2012; Ord. 5152 § 4, 2013; Ord. 5181 § 2, 2014; Ord. 5239 §§ 4, 5, 2017; Ord. 5264 §§ 4, 6, 2018; Ord. 5265 §§ 4, 5, 2018; Ord. 5325 §§ 5–7, 2020; Ord 5326 §§ 5–7, 2020; Ord. 5382 § 2, 2021; Ord. 5423 § 11, 2022)
(A) 
Design and Operating Criteria for Senior Rental Housing. All provisions of Chapter 13.11 SCCC and SCCC § 13.10.323 shall be met. The design and operation of senior rental housing shall comply with State law.
(B) 
Within the Pleasure Point Commercial Corridor Area (Portola Drive between 26th Ave. and 41st Ave., and 41st Ave. between Portola Drive and the Capitola city limit), any parcels rezoned from a commercial to a residential zone district shall continue to be subject to the special standards applicable to properties in the Commercial Corridor provided in SCCC § 13.10.334(D) and follow the guidance provided in Appendix B of the Santa Cruz County Design Guidelines: Design Principles for the Pleasure Point Commercial Corridor.
(C) 
Large Dwelling Permit Requirements and Design Guidelines.
(1) 
Approvals. No single-family dwelling unit shall be constructed which will result in 5,000 square feet or more of "net floor area," exclusive of accessory structures associated with the residential use, unless a CUP is obtained pursuant to the provisions of this section.
(2) 
Findings. All applications subject to this section shall be approved only if at least one of the following findings can be made:
(a) 
The proposed structure is compatible with its surroundings given the neighborhood, locational or environmental context and its design is consistent with the large dwelling design guidelines in subsection (C)(4) of this section; or
(b) 
The proposed structure, due to site conditions, or mitigation measures approved as part of the application, will be adequately screened from public view and will not adversely impact public viewsheds, neighboring property privacy or solar access, and its design is consistent with the large dwelling design guidelines set forth in subsection (C)(4) of this section. (For structures within the Coastal Zone requiring a coastal development permit, additional findings shall be made pursuant to Chapter 13.20 SCCC.)
(3) 
Conditions. Conditions of project approvals made pursuant to this section may include mitigation measures necessary to preserve the neighborhood character in which the proposed structure(s) will be located, to preserve neighboring property privacy or solar access, and/or to screen the structure(s) from the road. Such measures may include, but are not limited to: house and accessory structure re-siting, additional landscape screening and house redesign, including possible reduction in floor area.
(4) 
Large Dwelling Design Guidelines. New large dwellings and related accessory structures regulated by this section are subject to the following design guidelines. The intent of these guidelines is to assist the applicant in meeting the requirements of the large dwelling regulations, and to assist the Planning Director and Zoning Administrator in reviewing applications.
Large dwellings and their related accessory structure should be designed so that:
(a) 
Changes in the natural topography of the building site are minimized;
(b) 
Grading cuts and fills are minimized, and when allowed, are balanced;
(c) 
House design and accessory structure horizontal elements follow hillside contours, where applicable;
(d) 
Colors and material are used to reduce the appearance of building bulk. Use of earthtone colors is encouraged;
(e) 
Building height appearance is minimized by varying the height of roof elements and setting back higher portions of the structure from prominent viewpoints;
(f) 
Ridgeline silhouettes remain unbroken by building elements. Building envelopes should be allocated to the lower portions of hillside lots, where feasible;
(g) 
The structure(s) is compatible in terms of proportion, size, mass, and height with homes within the surrounding neighborhood;
(h) 
Architectural features break up massing. This can be accomplished by varying roof lines, puncturing large wall expanses with bay windows or recessed wall planes, or using a combination of vertical and horizontal architectural elements;
(i) 
Landscaping helps blend the structure(s) with the natural environmental setting of the site. This can be done by preserving existing vegetation as much as possible, siting the structure(s) to take advantage of existing trees and land forms, and by planting fast-growing, native landscaping to screen elements visible from viewpoints located off the parcel on which the structure is located;
(j) 
The view to adjacent properties is controlled. This can be done by minimizing second-story windows facing close neighboring properties, orienting upper floor balconies and decks toward large yard areas, locating the structure on the site as far from property lines as possible, and using landscaping to enhance privacy; and
(k) 
The location of the structure(s) on the site minimizes view blockage within public viewsheds.
(D) 
Application of State Density Bonus Law for Affordable Housing. Within the Coastal Zone, the approving body (or the Coastal Commission on appeal) may approve a project that deviates from local coastal program (LCP) requirements (in terms of additional units and/or concessions, waivers, and/or incentives) where such deviations emanate from state density bonus law provisions (Government Code Section 65915), if the following criteria are met:
(1) 
The project (including additional units and/or concessions, waivers, and/or incentives) is consistent with Government Code Section 65915; and
(2) 
The project is found to be in conformity with all LCP provisions requiring avoidance of significant coastal resource impacts (including but not limited to impacts to sensitive habitat, agriculture, public viewsheds, public recreational access, and open space), where such finding shall be based on an analysis that compares the project (including with any concessions/waivers/incentives and/or increases in otherwise allowable density applied) with an LCP-consistent project (i.e., one without any such deviations applied that meets all LCP requirements) that clearly identifies all LCP deviations, coastal resource impacts associated with such deviations, and affordable housing benefits being provided; and
(3) 
The project is found to: (a) encourage housing opportunities for persons of low and moderate income while minimizing deviation from the LCP; and (b) lead to no significant adverse coastal resource impacts.
(E) 
Small-Scale Commercial Agriculture in RA, RR, and R-1 Zone Districts. Small-scale commercial agriculture such as crop raising is an allowed use in the RA Zone District, and may be allowed a conditional use permit in the RR and R-1 Zone Districts, when conducted at a scale and in a manner appropriate and secondary to the primary residential use of the parcel and where compatible with nearby residential land uses. Small-scale commercial agriculture is allowed only on sites with an existing residence. Agricultural uses which create hazardous fumes, odors, unsightliness, dust, or noise levels inappropriate to a residential area are not considered small-scale agriculture and are not allowed within residential zone districts. Small-scale commercial agriculture shall be compatible with residential land uses in terms of hours of operation, use of machinery and mechanical equipment, and pesticide usage. Small-scale commercial agriculture with on-site retail sale of products grown or produced on site such as Christmas tree farms or produce stands selling produce grown on site may be considered in the RA zone district only, subject to the approval of a conditional use permit, where the use is found to be compatible with nearby residential uses and other required findings and standards. In the RR and R-1 districts, small-scale commercial agriculture is also considered a home occupation and is therefore subject to SCCC § 13.10.613, Home occupations as secondary uses.
(F) 
Small Lot Single-Family Development in RM and RF Zone Districts. Single-family detached development is only allowed in RM and RF Zone Districts per the provisions of California Government Code Section 66499.40 (AB 803).
(Ord. 3432 § 1, 1983; Ord. 3490 § 1, 1984; Ord. 3501 §§ 3–6, 1984; Ord. 3632 § 9, 1985; Ord. 3756 § 2, 1986; Ord. 4097 § 6, 1990; Ord. 4119 §§ 4–7, 1991; Ord. 4122 §§ 4–7, 1991; Ord. 4126 § 3, 1991; Ord. 4133 §§ 2, 6, 1991; Ord. 4159 §§ 2–4, 1991; Ord. 4286 § 1, 1993; Ord. 4312 § 1, 1994; Ord. 4496-C §§ 10, 11, 1998; Ord. 5055 § 2, 2009; Ord. 5119 § 19, 2012; Ord. 5152 § 5, 2013; Ord. 5182 § 5, 2014; Ord. 5202 § 1, 2015; Ord. 5286 § 4, 2018; Res. 79-2019, 2019; Ord. 5423 § 11, 2022; Ord. 5443 § 2, 2024)
(A) 
All regulations of the local fire department or County Fire Marshal shall be met to ensure adequate road access and water availability for fire protection.
(B) 
All requirements of the local sanitation district and water district, or requirements for on-site sanitation and water systems if applicable to the site location, shall be met.
(C) 
All improvement requirements and impact fees for community facilities shall be met where required by district or ordinance regulations (SCCC Title 15).
(D) 
The recommendations of the Santa Cruz Metropolitan Transit District should be met to ensure the provision of adequate transit facilities. For industrial projects of 6,000 square feet or larger, a letter indicating the Transit District's recommendation shall be submitted with the project applications.
(E) 
Project features located in the right-of-way, such as street lighting, street trees, and utility poles, shall be designed and constructed per the Santa Cruz County Design Criteria.
(Ord. 4263 § 1, 1993; Ord. 4346 § 14, 1994; Ord. 4496-C § 12, 1998; Ord. 4836 § 77, 2006; Ord. 5423 § 11, 2022)
Other use and development standards applicable to residential districts include but are not limited to the following provisions of the SCCC:
Table 13.10.326-1: Other Use and Development Standards Applicable to Residential Districts
Topic
SCCC Section
Nonconforming uses and structures
13.10.260, et seq.
General site standards
13.10.500—13.10.600
Accessory structures, home occupations, weddings and community events, and temporary uses
13.10.611—13.10.616
Use of nondevelopable land
13.10.671
Use of urban open space land
13.10.672
Accessory dwelling units
13.10.681
Design review and site development
13.11
Parking and circulation
13.16
Coastal Zone regulations
13.20
Roadway and roadside improvements
15.10
Environmental and resource protection restrictions
Title 16
(Ord. 5423 § 11, 2022)
(A) 
General Purposes. The purpose of this section is to provide for two-unit residential developments, pursuant to Government Code Section 65852.21. The regulations in this section are promulgated in order to preserve the public health, safety and general welfare of the people and environment of the County of Santa Cruz, and to promote orderly growth and development.
(B) 
Definitions. Solely for the purposes of this section, the following words and phrases shall have the following definitions:
(1) 
"Census Urban Area"
means an urbanized area or urban cluster, as designated by the United States Census Bureau and as mapped in the County Geographic Information System (GIS).
"Dwelling unit"
shall have the same meaning as defined in SCCC § 13.10.700-D.
"Major transit stop,"
as defined in Public Resources Code Section 21064.3, means a site containing an existing rail or bus rapid transit station, a ferry terminal served by either a bus or rail transit service, or the intersection of two or more major bus routes with a frequency of service interval of 15 minutes or less during the morning and afternoon peak commute periods.
"Primary dwelling unit,"
means one single-family or multi-family residential unit designated on a single parcel, as described in the definition of "dwelling unit" in SCCC § 13.10.700-D.
(C) 
Property Eligibility Requirements.
(1) 
An eligible parcel shall be located wholly within a Census Urban Area.
(2) 
An eligible parcel shall only be located within the SU, R-1, RA, or RR zone districts. A parcel within the SU zone district must have an underlying single family residential General Plan/Land Use Plan land use designation, including R-MT, R-R, R-S, R-UVL, R-UL, R-UM, or R-UH, to be eligible.
(3) 
An eligible site shall not be in:
(a) 
Areas identified in Government Code Section 65913.4(a)(6)(B) to (K), inclusive.
(b) 
Historic district or property included on the State Historic Resources Inventory or designated or listed as a County historic property or historic district in the County's Historic Resources Inventory.
(c) 
Critical fire hazard area, as defined in SCCC § 12.01.040.
(d) 
Coastal Hazards Areas, including areas seaward of and on/adjacent to coastal bluffs, except for blufftop properties where proposed residences can meet the 100-year bluff erosion stability setback without reliance on any existing or proposed shoreline armoring.
(e) 
Environmentally sensitive habitat areas or their buffers within the Coastal Zone boundary, except for properties where there is a buildable site available outside of such areas and their buffers.
(4) 
A parcel located in any of the following areas as identified in the County General Plan/Local Coastal Program or County Code requires sufficient State and local mitigation to be eligible under this section:
(a) 
For areas not subject to subsection (C)(3)(d) of this section, geologic hazards, as defined in SCCC § 16.10.040(T). Parcels within geologic hazard areas may be required to provide a geologic hazard assessment pursuant to SCCC § 16.10.050(B).
(b) 
Outside of the Coastal Zone, 100-year flood hazard areas and floodways, as defined in Chapter 16.13 SCCC. Parcels within these areas are only eligible if the flood hazards and floodways are mitigated pursuant to Chapter 16.13 SCCC.
(c) 
State Response Areas (SRAs), including very high, high, and moderate fire severity zones, as mapped by the California Department of Forestry and Fire Protection (CAL FIRE) and the California Board of Forestry and Fire Protection. Parcels within these areas are only eligible if mitigation is provided in compliance with Government Code Section 65913.4(a)(6)(D) and the parcel is located outside critical fire hazard areas.
(d) 
Airport Safety Zones. Parcels within these areas are only eligible if they are compliant with standards and maximum densities established by Chapter 13.12 SCCC.
(e) 
Outside of the Coastal Zone, sensitive habitat areas and their buffers shall be protected pursuant to SCCC Title 16. A biotic approval through the biotic review process outlined in Chapter 16.32 SCCC shall be obtained in order to establish appropriate development areas.
(5) 
No Ellis Act (Government Code Section 7060 et seq.) evictions(s) have occurred for any existing housing on the parcel in the 15 years prior to submittal of the application.
(6) 
An eligible parcel shall be a legal parcel of record created in compliance with the Subdivision Map Act, the LCP, and applicable provisions of the Santa Cruz County Code.
(D) 
Project Requirements.
(1) 
For two-unit residential development only, the project shall contain no more than two primary residential units on a single parcel, plus accessory dwelling units (ADUs) or junior ADUs (JADUs) consistent with SCCC § 13.10.681. The total number of units (primary units, ADUs and JADUs combined) may not exceed four units on a single parcel. ADUs and JADUs included in two-unit residential development must comply with the County ADU regulations.
(2) 
The project will not require demolition or alteration of any of the following types of housing:
(a) 
Housing that is subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of moderate, low, or very low income.
(b) 
Housing that is subject to any form of rent or price control.
(c) 
Housing that has been occupied by a tenant (whether rent paying or not) in the last three years.
(3) 
All new rental units resulting from any two-unit residential development project shall be rented long term (greater than 30 days).
(E) 
Objective Development Standards. Two-unit residential development shall comply with the objective development standards below, except that no standard shall preclude the development of a unit up to 800 square feet. In the event that a standard is reduced, the reduction shall be the minimum required to accommodate the unit.
(1) 
Residential Structure Type.
(a) 
Attached single-family, detached single-family or multi-family duplex structures are allowed for two-unit residential developments. Duplexes may include either two primary units, or a primary unit and one ADU, or a primary unit and one JADU.
(b) 
Mobile homes are allowed for two-unit residential developments compliant with the adopted California Building Code. A mobile home is required to be less than 10 years old and placed on a permanent foundation.
(c) 
Tiny homes on wheels (THOW) are allowed for two-unit residential developments as a primary dwelling unit.
(d) 
Existing ADUs on a parcel may be converted into a primary dwelling unit. If an ADU is to be converted, the maximum number of two primary dwellings units for a two-unit residential development will be achieved.
(e) 
A combination of three or four units, attached or detached, comprised of primary dwellings plus ADUs and JADUs will be allowed for a two-unit residential development.
(2) 
Accessory Structures. Habitable and non-habitable accessory structures shall comply with SCCC § 13.10.611.
(3) 
Lot Standards.
(a) 
For existing development on two-unit residential development applications, existing setbacks may be retained for an existing structure or for a structure reconstructed in the same location and to the same dimensions as an existing structure.
(b) 
Front yard setback, height, lot coverage, and floor area ratio shall meet the standards of the zoning district in SCCC § 13.10.323, except as follows:
(i) 
The minimum side and rear setbacks are four feet, subject to restrictions of any onsite public utility easements.
(ii) 
Pleasure Point Standards. Pleasure Point standards shall apply, except if the required 10-foot second story setbacks are infeasible for an 800 square foot dwelling, the setback may be reduced by the minimum necessary to accommodate the proposed project. Side and rear setbacks for the second story shall be no less than four feet. In the event of a conflict, the standards herein shall prevail.
(4) 
Parking Standards.
(a) 
One off-street parking space is required per dwelling unit, except as follows:
(i) 
If the parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in Public Resources Code Section 21155, or a major transit stop, as defined in Public Resources Code Sections 21155 and 21064.3, no parking shall be required.
(ii) 
If the parcel is within one block of a car share vehicle rental location, no parking shall be required.
(5) 
Two-unit residential development projects shall meet the following buildability criteria:
(a) 
All lots shall have a "Will Serve" letter from a water district or mutual water company, or an Individual Water Service Permit issued by the Environmental Health Division of the Health Services Agency for a well or other water source prior to issuance of a building permit as described in the current County Lists of Required Information (LORIs).
(b) 
The parcel shall have or qualify for a compliant sewage disposal system, either a septic system sized for the development and approved by the Environmental Health Division of the Health Services Agency, or a sewer connection provided by the wastewater provider, as applicable.
(c) 
If units are connected to an onsite wastewater treatment system (OWTS), the OWTS must meet or be upgraded to meet current standards in compliance with Chapter 7.38 SCCC.
(d) 
Emergency Vehicle Access. The site access must comply with the fire district access standards applicable to both new and existing roads in SCCC § 7.92.503.2.1.
(e) 
Site Safety. The building site shall be free from geologic hazards to the extent that the safety of the proposed development can be ensured. A geological hazards assessment, full geologic report, soils (also called "geotechnical") report, or hydrologic report may be required to assess or address environmental/safety concerns pursuant to Chapter 16.10 SCCC.
(f) 
Legal Access. A parcel may not be used as a building site unless it is accessible from a public right-of-way or has legally deeded access.
(g) 
Structures shall comply with required setbacks and buffers from environmentally sensitive habitat areas, geologic hazards, agricultural resource lands, and other environmental protection setbacks as specified in SCCC Title 16 or the setbacks established through a biotic report or geological hazards assessment, respectively.
(F) 
Application Procedures.
(1) 
Two-unit residential development projects shall be approved ministerially if the application complies with the eligibility requirements and objective development standards herein.
(2) 
Two-unit residential applications must be approved, or a notice of deficiency sent, within 60 days of receipt of a completed application. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within 60 days.
(3) 
Projects in the Coastal Zone.
(a) 
Projects located within the Coastal Zone shall require a Coastal Development Permit pursuant to SCCC § 13.20.100, the approval of which is subject to the required findings found in SCCC § 13.20.110, except that no public hearing shall be required to approve said permit.
(b) 
Nothing in this chapter shall supersede or in any other way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code) except that the County shall not be required to hold public hearings for coastal development permits for an eligible development pursuant to this section.
(4) 
Basis for Project Denial.
(a) 
An application for a two-unit residential development shall be denied if any of the following are found:
(i) 
The two-unit residential development fails to comply with any objective development standard imposed by this section. Any such requirement or condition that is the basis for denial shall be specified in writing.
(ii) 
The Building Official makes a written finding, based upon a preponderance of the evidence, that the proposed development would have a specific, adverse impact, as described in Government Code Section 65589.5(d)(2) and further specified in this section, upon the public health and safety, and there is no feasible method to satisfactorily mitigate or avoid that specific, adverse impact.
(iii) 
Within the Coastal Zone, the two-unit residential development fails to meet the provisions of this section or the remainder of the certified Santa Cruz County Local Coastal Program.
(Ord. 5464, 12/17/2024; Ord. 5495, 8/19/2025)
(A) 
General Purposes. The purpose of this section is to provide for urban lot splits, pursuant to Government Code Section 66411.7. These regulations are provided in order to preserve the public health, safety and general welfare of the people and environment of the County of Santa Cruz, and to promote orderly growth and development.
(B) 
Definitions.
(1) 
"Urban lot split" means a subdivision of a parcel within a "Single-Family Residential" zone district, as defined, into two parcels pursuant to Government Code Section 66411.7.
(2) 
See SCCC § 13.10.327(B) for additional definitions relevant to this section.
(C) 
Nothing in this section shall be construed to supersede or in any other way alter or lessen the effect or application of the California Coastal Act of 1976 (Division 20, commencing with Section 30000, of the Public Resources Code), except that the County shall not be required to hold public hearings for coastal development permits for an eligible urban lot split pursuant to this section.
(1) 
Urban lot splits located within the Coastal Zone shall require a coastal development permit pursuant to SCCC § 13.20.100, the approval of which is subject to the required findings found in SCCC § 13.20.110, except that no public hearing shall be required.
(D) 
Additional Eligibility Requirements for an Urban Lot Split.
(1) 
The requirements of SCCC § 13.10.327(C) and (D) for two-unit residential developments apply as urban lot split eligibility requirements. Lot splits on parcels requiring mitigation under SCCC § 13.10.327(C)(4) shall identify building footprint areas where adequate mitigation can be implemented.
(a) 
Urban lot splits are prohibited in Coastal Hazards Areas, including areas seaward of and on/adjacent to coastal bluffs, except for blufftop properties where proposed building sites can meet the 100-year bluff erosion stability setback without reliance on any existing or proposed shoreline armoring.
(2) 
Parcel Map Required. A parcel map is required for all urban lot splits pursuant to Government Code Section 66411.7 and shall comply with parcel map requirements in Chapter 14.01 SCCC.
(3) 
No Prior Urban Lot Split. A parcel is only eligible for processing under this section if:
(a) 
The parcel has not been established through a prior urban lot split; and
(b) 
Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot split.
(4) 
Property owners are required to sign an affidavit stating the intent to occupy a unit on one of the lots as their primary residence for a minimum of three years.
(5) 
The site plan shall indicate at least one existing legal dwelling unit on the property or one existing dwelling unit under construction (passed first inspection) at the time of application submittal. Documentation of occupancy status of existing structures may be required.
(6) 
Both new lots shall be limited to residential uses only.
(7) 
Urban lot splits shall allow up to two minimum 800 square foot primary units on each lot created. Existing primary dwelling units are not subject to the 800 square foot provision. An accessory dwelling unit (ADU) and a junior accessory dwelling unit (JADU) count toward the two-unit total per lot. Units may be attached or detached. An urban lot split may include the development of two primary dwellings per lot or one primary dwelling and one ADU or one primary dwelling and one JADU per lot, or one primary dwelling on one lot and no development on the other lot. A maximum of four total units may result from an urban lot split.
(8) 
ADUs and JADUs are subject to SCCC § 13.10.681, except as explicitly provided in SCCC § 13.10.327 or this section.
(9) 
No urban lot split shall be allowed that requires a discretionary permit for an exception to objective standards or requires any other discretionary review other than a Coastal Development Permit.
(E) 
Objective Development Standards. All urban lot splits shall comply with the objective development standards below, except that no standard shall preclude the development of a unit up to 800 square feet. In the event that a standard is reduced, the reduction shall be the minimum required to accommodate the unit.
(1) 
Existing Parcel Size. The area of the existing parcel is 2,400 square feet or more (net developable site area).
(2) 
Number of New Parcels. The urban lot split creates no more than two new parcels.
(3) 
New parcels shall conform to the following standards:
(a) 
The gross site area of the larger parcel shall not be more than 60 percent of the gross site area of the existing parcel.
(b) 
In no case shall the net developable site area of the smaller parcel be less than 1,200 square feet.
(c) 
Parcels with septic systems shall each comply with gross parcel size pursuant to Chapter 7.38 SCCC.
(4) 
The maximum parcel size allowed is 60 percent of the existing parcel's gross site area.
(5) 
Any parcel proposed for an urban lot split must itself be a legal parcel of record created in compliance with the Subdivision Map Act, the LCP, and applicable provisions of the Santa Cruz County Code.
(6) 
Any urban lot split involving a vacant parcel shall meet the buildability criteria stated in SCCC § 13.10.327(E)(5).
(7) 
Lots created by an urban lot split shall allow parking according to the standards requirements in SCCC § 13.10.327(E)(4).
(8) 
Access to Public Right-of-way. All newly created parcels shall provide access to, or adjoin, the public right-of-way in a manner sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code Section 503 (Fire Apparatus Access Roads) and California Code of Regulations Title 14, Section 1273.00 et seq.
(a) 
Shared Driveways. Driveway access shall meet the applicable fire agency standard, including driveway width, fire turnaround, turning radius, slope, and driveway surface.
(b) 
The minimum driveway width shall be 12 feet or the applicable standard of the fire agency having jurisdiction over the property, whichever is greater.
(9) 
Setbacks. Lots created by an urban lot split shall allow for structures to meet the lot standards pursuant to SCCC § 13.10.327(E)(3).
(10) 
Existing Structure on One Parcel. The proposed lot split shall not result in the splitting of any structure between the two parcels and shall not create a new encroachment of an existing structure over a property line.
(11) 
Floor Area and Lot Coverage. Lots created by an urban lot split shall allow for structures to meet the lot standards pursuant to SCCC § 13.10.327(E)(3).
(a) 
If application of the zone district standard for lot coverage or FAR would preclude a proposed lot split, the standard may be reduced by the minimum amount necessary to allow development per the land division as determined by the Director of the Community Development and Infrastructure Department or their designee ("Director").
(12) 
Compliance with Subdivision Requirements. The parcel map shall satisfy the objective requirements of the Subdivision Map Act and Chapter 14.01 SCCC. Non-title site requirements, disclosures and other information may also be required on the Parcel Map documents by the Director.
(13) 
The site plan shall indicate at least one existing legal dwelling unit on the property or one existing dwelling unit under construction (permitted and passed first inspection) at the time of application submittal. The structure shall be final and occupied by the owner prior to map recordation. Documentation of occupancy status of existing structures may be required.
(14) 
Any vacant parcel proposed for a two-unit residential development or urban lot split must be a legal lot of record created in compliance with the Subdivision Map Act, the LCP, and Santa Cruz County Code.
(F) 
Application Procedures. Urban lot split applications must be approved, or a notice of deficiency sent, within 60 days of receipt of a completed application. Such applications resubmitted in response to a notice of deficiency must be approved or a notice of deficiency sent, within 60 days.
(G) 
Deed Restrictions. Before obtaining building permits, the property owner shall file with the Santa Cruz County Recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:
(1) 
The primary use of the dwelling units must be residential.
(2) 
For an urban lot split with a shared driveway, maintenance and use of the shared driveway must be permanently provided through a reciprocal access easement and maintenance agreement or other comparable mechanism.
(3) 
The dwelling unit may not be used for vacation rentals as defined in SCCC § 13.10.700-V.
(4) 
Affordable housing impact fees shall apply to projects pursuant to SCCC § 17.10.034.
(5) 
The above declarations run with the land and are binding upon all successors in ownership of the property. Lack of compliance shall be cause for code enforcement pursuant to Chapter 19.01 SCCC.
(6) 
The deed restriction shall lapse upon removal of all dwelling units established under this section.
(Ord. 5464, 12/17/2024; Ord. 5495, 8/19/2025)