Title 13 PLANNING AND ZONING REGULATIONS
Chapter 13.10 ZONING REGULATIONS
13.10.335 Special standards and conditions for commercial districts.
(a) “C-1,” “C-2” and “C-4” Use
Standards.
(1) In the “C-1” or “C-2” Districts, all
business, services and processes shall be conducted entirely within a completely
enclosed structure except for outdoor food and drink establishments, recycling
collection facilities, off-street parking and loading areas, gasoline stations,
garden supply stores, Christmas tree lots, bus depots, transit stations, public
utility uses, and radio and television transmission towers. Outside storage of
stock-in-trade may be allowed pursuant to a Level IV Approval provided that the
storage area is adequately screened from view from adjacent parcels. (Ord. 3843,
6/23/87)
(2) In the “C-1” District, all products produced on the
site of any of the permitted uses shall be sold, primarily at retail only, on
the site where produced.
(3) In the “C-1” District not more than
five persons, and in a “C-2” District not more than ten persons,
shall be engaged in the production, repair or processing of materials on any one
site, except that this provision shall not apply to bars, restaurants and soda
fountains.
(4) In the “C-4” District, all office and retail uses
that are required to be ancillary and incidental, shall be related to the main
use of the site such as business offices to operate the permitted use or the
retail sale of goods produced or served as a part of the primary permitted use.
(Ord. 4346, 12/13/94)
(b) Visitor Accommodations Use
Standards.
1. Allowed Densities Chart
|
Type
|
Density
|
|
A, with kitchens
|
1 habitable room--1300 net developable square feet
|
|
A, without kitchens
|
1 habitable room--1100 net developable square feet
|
|
B, RV or tent camps
|
1 site/1300 net developable square feet
|
|
B, hostels
|
1 bed/325 net developable square feet
|
|
B, group quarters
|
2 beds/1300 net developable square feet
|
2. Density Calculations. Types of visitor accommodations may be
combined; however, combined densities may not exceed the maximum allowed for the
total number of net developable square footage on the property. All values given
above are maximums and may be reduced based on services and access constraints,
compatibility with adjacent land uses and neighborhood character, or adverse
environmental impacts. Permanent residential units for site personnel shall be
in place of density credits for visitor accommodations use at the rate of one
kitchen and up to 5 permanent residents per 3000 net developable square feet. A
unit over 400 square feet in total square footage, including bathrooms and
kitchens, creates a presumption of more than one habitable room. Inside the
Coastal Zone, the performance standards in Figure 2-5 in the Local Coastal
Program Land Use Plan for priority accommodations sites also apply. (Ord.
4496-C, 8/4/98)
3. Permit Conditions. All Development Permits for visitor
accommodations shall include the following conditions:
(i) All visitor
accommodations units shall be managed for short-term occupancy with occupancy
limited to not more than 29 consecutive days and limited to 29 days in any one
calendar year by an individual or group of occupants, except that
single-ownership units may be occupied by the owner(s) up to 45 days in any one
calendar year. Notwithstanding the foregoing, visitor accommodation units
described as follows may be occupied by the owner(s) up to 90 days in one
calendar year: units located on coastal bluff property which has been the
subject of litigation in which a remittitur was issued by the California Court
of Appeal on or before April 25, 1983 in a decision requiring the County of
Santa Cruz to grant either “compensating densities” in excess of
“the base densities” thereon, or to grant “some other transfer
of development rights,” and which litigation has been settled by
Stipulation for Judgment and Judgment Thereon.”
(ii) A rental contract
for the short-term rental of all units shall be maintained at all times with a
professional management firm approved by the County. Such contract shall contain
occupancy restrictions for Visitor Accommodations Units as specified in (i)
above. The rental contract shall be established prior to issuance of building
permits for the project.
(iii) Centralized, on-site management shall be
provided at all times for the maintenance and operation of the visitor
accommodations, related facilities, and the property. Such management may be
provided by the property owner or by a separate management firm under contract.
Plans for management shall be submitted to and approved by the Planning Director
and a Transient Occupancy Tax Permit obtained from the Treasurer-Tax Collector
by such management prior to the issuance of building permits.
(iv) Deed
restrictions running with the property and limiting use of short-term occupancy
and providing for the maintenance of centralized rental and management of the
facility shall be recorded prior to issuance of building permits.
(v) All
Visitor accommodations units shall be subject to any County Uniform Transient
Occupancy Tax Ordinance or a special tax on time share units, camping units, or
other visitor accommodation units. Reports of the occupancy of Visitor
Accommodations Units together with payment of transient occupancy taxes or any
other taxes due from the use of visitor accommodations units shall be made in
accordance with Santa Cruz County Code Section 4.24.080.
(vi) Visitor
accommodation projects shall be evaluated to insure that a diversity of all
types of visitor accommodations is provided in the Coastal Zone consistent with
Local Coastal Program Land Use Plan policy. Visitor accommodations projects on
Priority Sites shall primarily provide accommodations available to the general
public.
(vii) Visitor accommodations development in areas designated for
Neighborhood or Community Commercial use shall not adversely affect the
integrity of the retail commercial centers. (Ord. 4346, 12/13/94)
(c) Master
Occupancy Program Requirements
1. Master Occupancy Program Requirements.
When requested by a property owner, or prior to or concurrently with the
approval of any new or expanded use for which a Level V or VI Approval is
required in any of the Commercial Use Zone Districts, a Development Permit for a
Master Occupancy Program may be approved by the Zoning Administrator or Planning
Commission. Such approval shall be accompanied by a finding of General Plan
consistency pursuant to Section 65402 of the California Government
Code.
2. Master Occupancy Program Elements. The Master Occupancy Program
shall establish all allowed occupancies and shall include provisions for
adequate site improvements for each occupancy.
3. Environmental Review. The
adoption or amendment of a Master Occupancy Program is a “project”
within the meaning of CEQA and the County Environmental Review Guidelines and is
subject to environmental review.
4. Development Permit Approval. Occupancy
permits, when applied for pursuant to an approved Master Occupancy Program,
shall be processed as a Level I Approval or other level as specified by the
conditions of the Master Occupancy Program Development Permit. (Ord. 4346,
12/13/94)
See also: Regulations for Visitor Accommodations Special Uses in
Section 13.10.690 et seq. (Ord. 839, 11/28/62; 3277, 7/27/82; 3186, 1/12/82;
3344, 11/23/82; 3432, 8/23/83; 3994, 6/6/89; 4496-C, 8/4/98)
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