Misc Information on Development ADU SB9

SB9 Application Checklist

CITY OF SB 9 QUALIFYING CRITERIA CHECKLIST

GOVERNMENT CODE Section 66411.7: URBAN LOT SPLITS Preliminary Questions

   1. Street address: 
   2. Assessor's Parcel Number (APN): 
   3. Owner/applicant name: 
   4. Current parcel zoning designation: 
   5. Size of the parcel subject to proposed split:  square feet
       a. Size of resulting parcel #1: square feet
       b. Size of resulting parcel #2: square feet
   6. Number of units existing on the parcel (indicate whether owner or renter occupied for last three years): 1 single family home- owner occupied.
       a. Primary dwelling units: 
       b. Accessory Dwelling Unit(s): 
       c. Junior Accessory Dwelling Unit(s): 
   7. Number of existing units to be demolished: 
   8. If units are to be demolished or altered: 
       a. Indicate whether owner or renter occupied for last five years:1 
       b. Income of existing tenant or last tenant in occupancy, if known:
   9. Number and size of units being proposed on resulting parcel #1: 
   10. Number and size of units being proposed on resulting parcel #2: 

Required Criteria

1. Parcel Location & History Yes/No/ Comments? A 66411.7(a)(3)(A) The parcel to be subdivided is located in a single-family residential zone. Yes B 66411.7(a)(3)(B)2 The parcel to be subdivided is located within a city, the boundaries of which include some portion of either an urbanized area or urban1, as designated by the U.S. Census Bureau, or for unincorporated areas, a legal parcel wholly within the boundaries of an urbanized area or urban cluster, as designated by the U.S. Census Bureau. Yes C 66411.7(a)(3)(C) The parcel does not contain any of following (listed at G.C. Section 65913.4(a)(6)((B), (C), (I), (J), (K))3:

   • Prime farmland, farmland of statewide importance, or land designated for agricultural protection by local voters
   • Wetlands
   • Lands designated for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. 
   • Habitat for species identified as candidate, sensitive, or species of special status by state or federal agencies, full protected species, or plant or animal species protected by state or federal law.
   • Lands under conservation easement.

Yes D 66411.7(a)(3)(C) If the parcel contains any of the following, the project conforms with the required measures to reduce hazards ((listed at G.C. Section 65913.4(a)(6)(D) – (H)):4

   • High or very high fire hazard severity zone
   • Hazardous waste site
   • Earthquake fault zone
   • Flood hazard area subject to inundation by the 1 percent flood
   • Regulatory floodway

Yes E 66411.7(a)(3)(E) The parcel is not located in a historic district or property included on the State Historic Resources Inventory, or within a site that is designated or list as a city or county landmark or historic property or district per city or county ordinance. Yes F 66411.7(a)(3)(F) The parcel was not established through a prior exercise of a Section 66411.7 lot split (urban lot split). Yes G 66411.7(a)(3)(G) No parcel adjacent to this parcel was subdivided by the owner of this parcel or any person acting in concert with the owner of this parcel through a Section 66411.7 lot split (urban lot split). Yes

2. Lot Split Impacts & Outcomes Yes/No/ Comments? A 66411.7(a)(1) The lot split will result in no more than two new parcels. Yes B 66411.7(a)(1) Each of the resulting parcels will constitute at least 40 percent of the lot area of the original parcel. Yes C 66411.7(a)(2) Each of the resulting parcels will be at least 1,200 square feet in size.5 Yes D 66411.7(j) No more than two units are proposed on each lot.6 Yes E 66411.7(a)(3)(D) The lot split will not result in the demolition or alteration of affordable housing, rent-controlled housing, housing which has been removed from the rental market in the last 15 years by Government Code Section 7060 (Ellis Act), or housing that has been occupied by a tenant in the last 3 years.

   • (If required by the locality) The property owner has signed an affidavit indicating whether or not the existing housing on the property has been occupied by a tenant in the last three years.

Yes E 66300(d) If housing will be demolished, the project complies with the replacement housing provisions of the Housing Crisis Act of 2019. N/A F 66411.7(g)(1) Skip to next question if applicant is community land trust or qualified nonprofit corporation. The applicant has submitted an affidavit stating that he/she/they intend to occupy one of the housing units as their principal residence for a minimum of three years from the date of approval of the urban lot split. Yes G The applicant has agreed to record a covenant restricting the units to residential uses; requiring that the units are rented only for a period longer than 30 days; and prohibiting the further subdivision of either of the resulting parcels using the procedures set forth in Cal. Government Code Section 66411.7. Yes

3. Objective Standards Yes/No/ Comments? A 66411.7(b)(2) The lot split will conform to all applicable objective requirements of the Subdivision Map Act.7

B 66411.7(c)(1)-(3) The lot split will conform to all applicable objective zoning, subdivision, and design review standards so long as they do not physically preclude two units on each lot of 800 sf each and allow a setback of at least four feet8 from the rear and side property lines (or none if in an existing structure or new structure built to the same dimensions).9 Yes C 66411.7(k) If adjacent or connected structures are proposed, the structures meet building code standards and are sufficient to allow separate conveyance. Yes D 66411.7(e)(3) Parking. The project provides at least one off-street parking space per unit10 unless:

   • The parcel located within one-half walking distance of either a high-quality transit corridor, or major transit stop; or
   • The parcel is located within one block of a car share vehicle.

0 E 66411.7(e)(2) Access to Right-of-Way. Both of the resulting parcels will either have access to, provide access to, or adjoin the public right-of-way.11 Yes GOVERNMENT CODE Section 65852.21: TWO-UNIT DEVELOPMENTS Preliminary Questions

   1. Street address: 
   2. Assessor's Parcel Number (APN): 
   3. Owner/applicant name: 
   4. Parcel zoning designation: 
   5. Parcel size:  square feet 
   6. Number of units existing on the parcel (indicate whether owner or renter occupied for last three years):
       a. Primary dwelling units: 
       b. Accessory dwelling unit(s): 
       c. Junior accessory dwelling unit(s): 
   7. Number of existing units to be demolished: 
   8. If units are to be demolished or altered: 
       a. Indicate whether owner or renter occupied for last five12 years: 
       b. Income of existing tenant or last tenant in occupancy, if known: 
   9. Number and size of units being proposed: 

Required Criteria

1. Project Location Yes/No/Comments? A 65852.1(a) The proposed development is located in a single-family residential zone.

B 65852.1(a)(1) The proposed development is located within a city, the boundaries of which include some portion of either an urbanized area or urban cluster, as designated by the U.S. Census Bureau, or for unincorporated areas, wholly within the boundaries of an urbanized area or urban cluster, as designated by the U.S. Census Bureau.13

C 65852.1(a)(2) The parcel does not contain any of following (listed at G.C. Section 65913.4(a)(6)((B), (C), (I), (J), (K))14:

   • Prime farmland, farmland of statewide importance, or land designated for agricultural protection by local voters
   • Wetlands
   • Lands designated for conservation in an adopted natural community conservation plan, habitat conservation plan, or other adopted natural resource protection plan. 
   • Habitat for species identified as candidate, sensitive, or species of special status by state or federal agencies, full protected species, or plant or animal species protected by state or federal law.
   • Lands under conservation easement. 

D 65852.1(a)(2) If the parcel contains any of the following, the project conforms with the required measures to reduce hazards ((listed at G.C. Section 65913.4(a)(6)(D) – (H)):15

   • High or very high fire hazard severity zone
   • Hazardous waste site
   • Earthquake fault zone
   • Flood hazard area subject to inundation by the 1 percent flood
   • Regulatory floodway

E 65852.1(a)(6) The proposed development is not located in a historic district or property included on the State Historic Resources Inventory, or within a side that is designated or list as a city or county landmark or historic property or district per city or county ordinance.

2. Housing Development Project Impacts & Outcomes Yes/No/Comments? A 65852.21(a);(i)(1) The project proposes no more than two new units or proposes to add one new unit to an existing unit.

B 65852.21(a)(3)-(4) The proposed housing will not result in the demolition or alteration of affordable housing, rent-controlled housing, housing which has been removed from the rental market in the last 15 years (see Government Code Section), or housing that has been occupied by a tenant in the last 3 years.

   • (If required by the locality) The property owner has signed an affidavit indicating whether or not the existing housing on the property has been occupied by a tenant in the last three years.

C 65852.21(a)(5) The proposed housing will not demolish more than 25 percent of the existing exterior structural walls, unless either the local ordinance allows, or the site has not been occupied by a tenant in the last three years.

D 66300(d) If housing will be demolished, the project complies with the replacement housing provisions of the Housing Crisis Act of 2019.

E The applicant has agreed to record a covenant restricting the units to residential uses and requiring that the units are rented only for a period of longer than 30 days.

3. Objective Standards Yes/No/Comments? A 65852.21(b). The housing will conform to all applicable objective zoning, subdivision, and design review standards so long as they do not physically preclude two units on each lot of 800 sf each and allow a setback of at least four feet16 from the rear and side property lines (or none if in an existing structure or new structure built to the same dimensions).17

B 65852.21(c) Parking. The project provides at least one off-street parking space per unit18 unless:

   • The parcel located within one-half walking distance of either a high-quality transit corridor, or major transit stop; or
   • The parcel is located within one block of a car share vehicle.

C 65852.21(g). If adjacent or connected structures are proposed, the structures meet building code standards and are sufficient to allow separate conveyance.

D 65852.21(c)(2) Percolation Test. If the unit is connected to an onsite wastewater treatment system, a percolation test been completed within the last 5 years, or within the last 10 years for a recertified percolation test.19

24.12.430 PROTECTION OF ARCHAEOLOGICAL RESOURCES. 1. Policy and Purpose. Existing in Santa Cruz are certain deposits and sites of cultural significance believed to have been left by Native Americans and other early inhabitants. These deposits and sites are unique and irreplaceable phenomena of significance in the history of the city and the understanding of the cultural heritage of our land and of all humankind. Such sites have a deep, spiritual significance to Native Americans, especially the native peoples of the state of California, and constitute a precious archaeological and historical heritage which is fast disappearing as a result of public and private land development. Uncontrolled excavation or modification of these resources would destroy their cultural integrity. This loss would affect future generations and must be prevented in the public interest. Such cultural resources should be preserved in an undisturbed state wherever possible for future generations who should be more skilled and have access to better methods of study. In order to promote the public welfare, it is necessary to provide regulations for the protection, enhancement, and perpetuation of such sites. This section, therefore, is intended to provide a procedure for preserving the valuable cultural resources in the city of Santa Cruz. It should be noted that California Public Resources Code Section 5097.9 and Health and Safety Code Section 7050.5 protect archaeological and paleontological resources and supersede any local regulations.

2. Archaeological reconnaissance is required on sites proposed for development within areas identified as “highly sensitive” or “sensitive” on the general plan maps labeled “areas of archaeological sensitivity” and “historical archaeology sensitivity” prior to the issue of building or development permits. For development on sites that have “known resources” see subsection (12).

3. An archaeological reconnaissance shall include archival research, site surveys and necessary supplemental testing as may be required and shall be conducted by a qualified archaeologist. The significance of identified resources shall be ascertained in accordance with CEQA definitions. If significant impacts are identified, impacts and mitigation measures outlined could include but are not limited to avoidance, project redesign, deposit capping, resource recovery options and/or on-site monitoring by an archaeologist during excavation activities. A written report describing the archaeological findings of the research or survey shall be provided to the city.

4. Exemptions for minor development are allowed within “sensitive” areas only. “Minor development” is defined for this purpose as development that involves spot excavation to a depth of twelve inches or less below existing grade or uses that have virtually no potential of resulting in significant impacts to archaeological deposits. Exempt projects may include: building additions, outdoor decks, or excavation in soil that can be documented as previously disturbed.

5. Developer’s Action on Discovery of Artifacts or Remains During Excavation or Development. Any person exercising a development permit or building permit who, at any time in the preparation for or process of excavating or otherwise disturbing earth, discovers any human remains of any age or any artifact or any other object which reasonably appears to be evidence of an archaeological/cultural resource, shall:

a. Immediately cease all further excavation, disturbance, and work on the project site;

b. Cause staking to be placed completely around the area of discovery by visible stakes not more than ten feet apart forming a circle having a radius of not less than one hundred feet from the point of discovery; provided, that such staking need not take place on adjoining property unless the owner of the adjoining property authorizes such staking;

c. Notify the Santa Cruz County sheriff-coroner and the city of Santa Cruz planning director of the discovery unless no human remains have been discovered, in which case the property owner shall notify only the planning director;

d. Grant permission to all duly authorized representatives of the sheriff-coroner and the planning director to enter onto the property and to take all actions consistent with this section.

6. Coroner’s Action on Discovery of Remains. If human remains are discovered, the sheriff-coroner or his/her representative shall promptly inspect the remains to determine the age and ethnic character of the remains and shall promptly, after making such determinations, notify the planning director. If the remains are found to be Native American in origin, the sheriff-coroner shall notify the Native American Heritage Commission. The Native American Heritage Commission will identify the Native American most likely descendant who will provide recommendations for the proper treatment of the remains and associated artifacts per California State Resources Code Section 5079.9.

7. Planning Director’s Action on Discovery of Artifacts. If any artifacts are discovered, the planning director shall cause an on-site inspection of the property to be made. The purpose of the inspection shall be to determine whether the discovery is of an archaeological resource or cultural resource. In making a determination, the planning director may also consult with Native American groups, qualified archaeologists, or others with the necessary expertise.

8. Discovery Not an Archaeological/Cultural Resource. Upon determining that the discovery is not of an archaeological/cultural resource, the planning director shall notify the property owner of such determination and shall authorize the resumption of work.

9. Discovery an Archaeological/Cultural Resource. Upon determining that the discovery is of an archaeological/cultural resource, the planning director shall notify the property owner that no further excavation or development may take place until a mitigation plan or other measures have been approved by the director for the protection of the site.

10. Mitigation Plan. The property owner or his/her agent shall prepare any required mitigation plan. The mitigation plan shall include conditions necessary or appropriate for the protection of the resource including, but not limited to, conditions on the resumption of work, redesign of the project, or other conditions deemed appropriate by the planning director. The director shall review the mitigation plan and may consult with Native Americans, archaeologists, or other interested persons to ensure proper protection of the resource. When the director is satisfied that the mitigation plan is adequate, the director shall authorize the resumption of work in conformance with the mitigation plan.

11. Referral to Historic Preservation Commission. The planning director may refer to the historic preservation commission the decision whether the discovery is of an archaeological/cultural resource and the decision whether the mitigation plan is adequate to protect the resource. If the director refers the matter to the historic preservation commission, a public hearing shall be held in conformity with the requirements of this title relating to public hearings.

12. Development on Known Archaeological Sites. No building permit for any earth-disturbing activity shall be issued on parcels identified by resolution of the city council as containing known cultural or archaeological resources without the owner first obtaining an administrative use permit. The administrative use permit shall be conditioned with appropriate archaeological survey and mitigation procedures such as those prescribed in the Historic Preservation Element and the Local Coastal Land Use Plan.

(Ord. 2013-09 § 1, 2013: Ord. 2003-14 § 1 (part), 2003: Ord. 86-13 § 6, 1986: Ord. 85-05 § 1 (part), 1985).

24.12.431 PROTECTION OF PALEONTOLOGICAL RESOURCES. 1. The city shall notify applicants with development projects within sensitive paleontological areas of the potential for encountering such resources during construction and condition approvals that work will be halted and resources examined in the event of encountering paleontological resources during construction. If the find is significant, the city will require the treatment of the find in accordance with the recommendations of the evaluating paleontologist. Treatment may include, but is not limited to, specimen recovery and curation or thorough documentation.