Correspondence

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:

1. 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?
2. 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?
3. 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?
4. 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.