Correspondence
Application Questions
Here is what is required in order to submit an official application for an SB9 land division with the Public Works Dept.;
1. Final Parcel Map submittal – Please include the existing building footprint if applicable, existing utilities (underground and aerial), proposed building envelope(s) on a 3rd non-titled plan sheet and title the lot split SB 9 on the map
2. 2 Paper copies of Parcel Map and an electronic copy
3. Submit a response to the SB 9 requirements (They are listed under “Qualifying Criteria for a Housing Development or Lot Split)
4. Lot Closure Calculations
5. Preliminary Title Report
6. Soil Report – if located in a high liquefaction area or the slope is greater than 30%.
7. A check in the amount of $3,735.00 payable to the City of Santa Cruz
8. Prior to recording the Parcel Map the current and next fiscal year’s property taxes must be paid in full
9. Once approved print map in Mylar’s and submit to Public Works for the recordation process
10. A check in the amount of $89.00 (recording fee) payable to the County of Santa Cruz
11. Map submittal must be performed by a design professional and have a property survey included
Fire Wall Questions
Hi Kirk,
Yes, your assumption is correct - the firewall is required regardless.
Thank you, Domonique Speight
-----Original Message----- From: Kirk <kirk@pictureappeal.com> Sent: Thursday, April 13, 2023 10:58 AM To: Building Counter <bcounter@cityofsantacruz.com> Subject: Re: SB9 Flag Lot Inquiry
Hi Domonique,
Thank you for this info, it helps me move forward. I assume these requirements apply even when the adjoining portion of the newly created lot can not be built on (that is the narrow 10' access portion of the new lot)? I just want to be clear that the existing house will need a new fire wall along that access portion which is what the requirements would seem to indicate.
Thank you, Kirk
Hi Kirk,
Apologies for the delay on this. I've attached couple of tables that should give you the answers you need on the fire ratings necessary for exterior walls and any projections on this build.
Note that one of the attachments is for dwellings with a sprinkler system.
Thank you,
Domonique Speight
-----Original Message----- From: kirk@pictureappeal.com <kirk@pictureappeal.com> Sent: Tuesday, April 04, 2023 8:49 AM To: Building Counter <bcounter@cityofsantacruz.com> Subject: SB9 Flag Lot Inquiry
Hello=,
I've spoken a bit with John Jezek in planning about designing a flag lot for a potential SB9 lot split at 126 Acadia Ave. He said a fire wall of some kind might be required on the existing house because of the new flag lot proximity. I've attached a proposed plot plan, maybe you can help me determine what would be required and the timing of any required improvements.
Thank Kirk Garber
Ownership Questions
Thank you for your patience.
After a review of the State law , the question of 'property owner' appeared to be intentionally vague. In the past with accessory dwelling units we utilized a number of resources to verify this – one is the homeowners exemption which indicates that the dwelling is the primary residence of the property owner.
So actually, the answer is yes to most of your questions ....the key is that the property owner has to live there for 3 years, it cannot be a short term rental and the requite agreement that has to be signed and notarized provides
the City the authority to review the project should a complaint be received that the subject sites are acting more like a developer's property. The State's intention is to allow homeowners in most areas around the state (those zoned for single-family) to divide their property into two lots, thereby increasing opportunities for homeownership in their neighborhood.
Best,
NANCY A. CONCEPCION
ASSOCIATE PLANNER | CODE COMPLIANCE SPECIALIST
Department of Planning and Community Development
City of Santa Cruz
809 Center Street - Room 101
Santa Cruz, CA 95060
831.420.5112
nconcepcion@santacruzca.gov
From: Aaron Lieben <aarondlieben@gmail.com>
Sent: Monday, February 20, 2023 10:19 AM
To: Nancy Concepcion <nconcepcion@santacruzca.gov>
Cc: Kirk Garber <Kirk@cruzio.com>
Subject: 126 Acadia Ave Questions
Hi Nancy,
As per our phone conversation, I'm following up with a few questions you offered to research for us. Thank you in advance for your help. The property in question is 126 Acadia Ave, Santa Cruz, CA 95060 and it meets all 10 items on the SB 9 checklist:
- The property is owned by a trust. My friend is the executor of the trust and an equal beneficiary of the trust along with his 3 siblings. Can he (or one of his siblings) who claims the home as their primary residence qualify for the SB 9 lot split?
- If the trust does not qualify for the SB 9 lot split, can one of the beneficiaries rent the home as their primary residence and then qualify as a renter?
- After an SB 9 lot split, can the split lot be sold prior to 3 years (providing the front home is retained as the primary residence?
- After an SB 9 lot split, can the primary residence be switched to the new home on the lot split and can the front home be sold prior to 3 years?
Very much appreciated.
Kindest Regards,
Aaron
Aaron Lieben
(831) 345-3898
[[1]]
Lot Split Questions
Hi Kirk,
I've added some preliminary comments about your project below: -You'll need to provide a document proving that your property meets all of the qualifying criteria linked here: https://www.cityofsantacruz.com/home/showpublisheddocument/89757/638097376563770000 -The subject site is located within a Highly Sensitive Archaeological Area per SCMC 24.12.430. An archaeologist report is strongly encouraged to be prepared and submitted as part of this land division application to ensure that the building envelopes called out on the plans are feasible to be built. For future reference, an archaeological report will be required for any proposed development on either of the proposed lots which requires at least 12’’ of excavation below grade. A list of qualified archaeological consultants is available via link: https://www.cityofsantacruz.com/Home/ShowDocument?id=27882 -Please provide the following information: a. Call out all existing trees to be removed. b. Call out all heritage trees, per the definition below. c. Call out the shortest distance between any existing heritage trees and the proposed building envelope.
Please note that an arborist report is required for projects that propose to remove a heritage tree or that propose land disturbance within 10- feet of the trunk of a heritage tree on the subject or adjacent property. Heritage trees are defined as “Any tree which has a trunk with a circumference of forty-four inches (approximately fourteen inches in diameter or more), measured at fifty-four inches above existing grade”. The arborist report should include a full tree survey of the site, identification of heritage trees, and recommendations for removal, mitigation, and/or preservation. You'll need an arborist report as part of the SB9 land division application if you want to propose building envelopes within 10' of a heritage tree.
-I'm confirming that no parking is required because the property is within 1/2 mile of a future high-quality transit stop. -You'll need to provide a calculation that shows each new lot's area is split no more than 60%/40% when compared to the original lot. For example, 2500sf and 2400sf would work but 3000sf and 1900sf wouldn't because 3000/4900 is 61% of the original lot. -Both proposed lots require frontage to a street. You'll need to redesign the rear lot so that it has a 'flag pole' which extends to the street and that is at least 10' wide; this property line can be flush with the existing residence and may require modification of the existing structure to add fire-rated walls; I'd contact the building division for confirmation of that (https://www.cityofsantacruz.com/government/city-departments/planning-and-community-development/building-safety). If the existing unit needs to be modified due to proximity to a property line but a tenant has occupied the unit within the past 3 years, then you'll need to wait until the '3 year rule' passes in your specific situation before you apply for an SB9 lot split.
That's probably enough information to get you through the next couple steps. I recommend contacting Curtis Busenhart to get an idea of what the application documents (i.e. the title and non-title maps) should look like. Feel free to reach out if you run into any issues/questions.
Best regards,
John Jezek
Responses-
1. Flag Pole Lot: Refer to SB 9 where it refers to access to new lots using an easement. 2. Archaeological Site?: call references to see exactly what that means. 3. No Heritage Trees. 4. Follow other instructions in terms of showing this is an eligible lot.
