Article III — Commercial Districts

In addition to the general objectives of this chapter, the commercial districts are included in the Zoning Ordinance to achieve the following purposes:

• (A) General Purposes.

  • (1) To provide for retail stores, offices, service establishments, recreational establishments, and wholesale businesses offering a range of commodities and services adequate to meet the needs of County residents and visitors.

  • (2) To contain commercial facilities in appropriately located areas, enhancing multimodal corridors and activity centers, and providing opportunities for commercial uses to concentrate for the convenience of the public and in mutually beneficial relationships to each other.

  • (3) To ensure that commercial facilities and uses are compatible with the level of available public facilities and services, minimizing traffic congestion and preventing the overloading of utilities and public services.

  • (4) To ensure that commercial development is compatible with natural resource protection, environmental quality, and the scenic setting of the County.

  • (5) To ensure that commercial facilities are constructed and operated such that they are compatible with adjacent development, and that high standards of urban design are maintained, minimizing impacts on residential areas and providing for adequate site layout, protection of solar access to adjacent property, landscaping, sign and building design and size, and on-site parking, loading, and circulation.

  • (6) To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic, and other objectionable influences incidental to industrial uses, and from fire, explosion, noxious fumes, and other hazards.

  • (7) To provide for residential and public facility uses on commercial properties where these uses contribute to establishing vibrant activity centers, complete neighborhoods, and/or attainable housing, while including an appropriate and viable level of commercial land uses.

  • (8) To maximize efficient energy use and energy conservation in commercial uses, and to encourage the use of locally available renewable energy resources.

• (B) Specific C-1 Neighborhood Commercial District Purposes. To provide compact and conveniently located shopping and service uses within walking distance of individual urban neighborhoods or centrally located to serve rural communities. Neighborhood commercial uses and facilities should be small scale, appropriate to a neighborhood service area, with minimal adverse traffic, noise, or aesthetic impacts on the adjacent residential areas. Mixed-use residential and commercial uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. The C-1 District is intended for parcels with a General Plan designation of Neighborhood Commercial (C-N) or Community Commercial (C-C).

ervice area, with minimal adverse traffic, noise, or aesthetic impacts on the adjacent residential areas. Mixed-use residential and commercial uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. The C-1 District is intended for parcels with a General Plan designation of Neighborhood Commercial (C-N) or Community Commercial (C-C).

• (C) Specific C-2 Community Commercial District Purposes. To provide centers of concentrated commercial uses accommodating a broad range and mixture of commercial activities, serving the general shopping, entertainment, service, visitor, and office needs of community or regionwide service areas. Mixed-use residential and commercial uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. The C- 2 District is intended for parcels with a General Plan designation of Community Commercial (CC).

• (D) Specific VA Visitor Accommodations District Purposes. To provide areas specifically reserved for visitor accommodations and limited appurtenant uses. To allow a broad range of short-term (less than 30 days) lodging options for visitors and to recognize these as commercial uses. The VA District is intended for parcels with a General Plan designation of Visitor Accommodation (C-V) or Community Commercial (C-C).

• (E) Specific CT Tourist Commercial District Purposes. To recognize visitor serving uses such as food services, auto fueling, and visitor accommodations along major transportation corridors or in commercial activity centers. The CT District is intended for parcels with a General Plan designation of Neighborhood Commercial (C-N), Community Commercial (C-C), or Visitor Accommodation (C-V).

• (F) Specific PA Professional-Administrative Office District Purposes. To provide for professional service uses in buffer areas between residential neighborhoods and more intensive commercial or industrial activities, as well as in locations where a demonstrated need for professional services exists, such as medical and employment activity centers.

Mixed-use residential and office uses are allowed, with design considerations to ensure compatibility between land uses on site and with adjacent sites. Limited sales and customer service uses are appropriate as ancillary to an office or mixed-use development, to meet the daily needs of residents and workers. The PA District is intended for parcels with a General Plan designation of Community Commercial (C-C), Professional and Administrative Office (C-O), or Service Commercial and Light Industrial (C-S).

land uses on site and with adjacent sites. Limited sales and customer service uses are appropriate as ancillary to an office or mixed-use development, to meet the daily needs of residents and workers. The PA District is intended for parcels with a General Plan designation of Community Commercial (C-C), Professional and Administrative Office (C-O), or Service Commercial and Light Industrial (C-S).

• (G) Specific C-3 Workplace Flex District Purposes. To provide centers of employment with a flexible mixture of office, retail, research, and light industrial land uses as well as ancillary sales, customer service, and public facilities uses to meet the daily needs of workers. C-3 District parcels should make efficient use of urban infrastructure and should accommodate flexibly built spaces for multiple business types and changing business needs over time. The C-3 District is intended for parcels located along major corridors and in activity centers within the Urban Services Line, with a General Plan designation of Community Commercial (C-C), Professional and Administrative Office (C-O), or Service Commercial and Light Industrial (C-S).

• (H) Specific C-4 Commercial Services District Purposes. To provide for a broad range of commercial services that require large sites and convenient access to highways and other freight corridors. Appropriate C-4 land uses include auto repair; contractors' yards; warehousing and storage; freight terminals; cannabis production, manufacture, and distribution; and outdoor sales facilities, such as nurseries, lumber yards, and boat and auto sales. Commercial recreational uses such as drive-in theaters and indoor arenas are also appropriate. The C-4 District is intended for parcels with a General Plan designation of service commercial and light industrial

(C-S), in areas where impacts of noise, traffic, and other nuisances and hazards associated with such uses will not adversely affect other land uses.

(Ord. 3432 § 1, 1983; Ord. 3501 § 7, 1984; Ord. 4346 § 15, 1994; Ord. 4836 § 78, 2006; Ord. 5423 § 12, 2022)

• (A) Allowed Uses. The uses allowed in commercial districts shall be as provided in the Commercial 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 Commercial Uses Chart. The processing procedures and findings for use permits are detailed in Chapter 18.10 SCCC, Discretionary Permit Approval Procedures.

  • (1) Master Use Permits. When requested by a property owner, a master use permit may be approved by the Zoning Administrator or Planning Commission, subject to the use permit findings provided in SCCC § 18.10.230 .

    • (a) Master Use Permit Elements. The master use permit shall establish all allowed uses and shall include provisions for adequate site improvements for each use type. Uses that are allowed by a master use permit shall not require individual use permits unless specified by the conditions of the master use permit.

    • (b) Environmental Review. The adoption or amendment of a master use permit is a "project" within the meaning of CEQA and the County Environmental Review Guidelines and is subject to environmental review.

  • (2) Change of Use in an Existing Legal Structure in a Commercial Zone District.

    • (a) A change of use in an existing legal structure may be approved with a zoning clearance if all the following criteria are met:

      • (i) The new use is allowed in the zone district;

      • (ii) The new use will not result in an intensification of use;

      • (iii) There is a use permit or master use permit for the existing use, and/or the new use is specified for the parcel in a town, village, or specific plan; and

      • (iv) The new use would have required an equal or lower level of public notice or hearing than the existing use.

Applicable existing discretionary permits and conditions of approval shall remain in effect for the new use.

• (b) Subsection (B)(2)(a) of this section shall not apply in the C-4 District, except for cannabis uses in the Rodeo Gulch Overlay. All other C-4 uses shall require MUP approval for a change of use.

• (c) In all other circumstances, a new use permit is required as provided in the commercial uses chart, or an amendment to an existing use permit is required as provided in SCCC § 18.10.134 .

• (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) Commercial Uses Chart. Allowed uses and permit requirements for commercial 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.

(click here to view the full table)

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.

1. Table indicates use permits only. Other discretionary permits may be required.

(E) Use Conditions.

• (1) Amplified Entertainment. A CUP is required for outdoor amplified entertainment.

• (2) Hours of Operation. No business or service establishment shall be open between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP. Within 150 feet of any residentially zoned property, no non-emergency outdoor activity, including loading, sweeping, landscaping, or maintenance shall occur between the hours of 10:00 p.m. and 6:00 a.m. except pursuant to a CUP, and no business or service shall be open between the hours of 8:00 p.m. to 10:00 p.m. or between the hours of 6:00 a.m. and 8:00 a.m., except pursuant to an MUP.

  • (a) Twenty-four-hour outdoor ATMs attached to banks, credit unions, or grocery stores shall not be subject to a CUP if the following criteria are met:

    • (i) Safety lighting is screened so as not to cast direct light on any dwelling unit; and

    • (ii) Physical maintenance of the ATM is limited to the hours of 8:00 a.m. to 5:00 p.m., Monday through Saturday.

• (3) Outdoor Dining/Seating. Permanent (long-term) outdoor seating is allowed subject to an MUP to add 12 or fewer seats or an AUP to add more than 12 seats. Outdoor seating

includes outdoor dining as well as other uses such as seating in common plaza areas, or outdoor exercise equipment for a fitness facility. Conditions of approval for outdoor seating must ensure public health and safety, including but not limited to: standards from the Americans with Disabilities Act; adequate alternate parking arrangements if parking spaces will be lost to outdoor seating; and permit requirements from other agencies as needed, such as: the County Department of Public Works; County Health Services Agency; County Department of Parks, Open Space and Cultural Services; Sheriff's Office; County Fire Districts; California Department of Alcoholic Beverage Control; or California Department of Motor Vehicles. Temporary outdoor seating may be approved with a temporary use permit, subject to SCCC § 13.10.616 .

• (4) Outdoor Storage. Outdoor storage of stock-in-trade outside the C-4 zone district is allowed subject to an AUP; provided, that the storage area is adequately screened from view from adjacent parcels.

• (5) Signage. Signage may be required or allowed per SCCC § 13.10.581 . New signage associated with a master use permit is allowed by right. New signage not associated with a master use permit requires an MSP per SCCC § 13.11.037 .

• (6) Temporary/seasonal use, including temporary outdoor seating, may be allowed pursuant to a temporary use permit (TUP), subject to SCCC § 13.10.616 .

• (7) Additional conditions for specific commercial uses are found in SCCC § 13.10.600, et seq., and other sections of the County Code as referenced in the Commercial Uses Chart.

(Ord. 3432 § 1, 1983; Ord. 3588 § 5, 1984; Ord. 3593 § 8, 1984; Ord. 3632 § 10, 1985; Ord. 3669 § 1, 1985; Ord. 3767 § 1, 1986; Ord. 3843 §§ 1, 2, 1987; Ord. 3943 § 1, 1988; Ord. 3965 § 1, 1988; Ord. 4217 § 2, 1992; Ord. 4285 § 1, 1993; Ord. 4346 § 16, 1994; Ord. 4426 §§ 1, 2, 1996; Ord. 4496-C §§ 13–20, 1998; Ord. 4525 §§ 5, 6, 1998; Ord. 4577 § 4, 1999; Ord. 4715 § 4, 2003; Ord. 4744 § 4, 2003; Ord. 4770 § 4, 2004; Ord. 4808 § 17, 2005; Ord. 4814 § 2, 2006; Ord. 4836 §§ 79– 84, 2006; Ord. 4921 § 8, 2008; Ord. 5061 § 13, 2009; Ord. 5090 § 2, 2011; Ord. 5119 §§ 20–22, 2012; Ord. 5169 § 4, 2013; Ord. 5266 § 3, 2018; Ord. 5272 § 4, 2018; Ord. 5302 § 2, 2019; Ord. 5305 § 3, 2019; Ord. 5325 § 8, 2020; Ord. 5326 § 8, 2020; Ord. 5334 § 4, 2020; Ord. 5336 § 4, 2020; Ord. 5346 § 1, 2020; Ord. 5366 § 1, 2021; Ord. 5402 § 3, 2022; Ord. 5423 § 12, 2022; Ord. 5439 § 3, 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 and Structural Dimensions Chart. The following development standards shall apply within all commercial zone districts, except as noted elsewhere in this section and in the general exceptions as noted in SCCC § 13.10.510 , et seq.

Notes:

1. Special setbacks may apply per subsection (C) of this section, and exceptions to site development standards may be considered per subsection (D) of this section. Certain land uses may have special development standards per SCCC § 13.10.334 and § 13.10.600, et seq.

2. In the C-1 district, parcels smaller than 5,000 square feet are allowed if it can be demonstrated that parking requirements can be met with off-street parking located on or off site.

3. 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 Department of Public Works Design Criteria.

4. 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.

5. See SCCC § 13.10.334(E) for FAR parking exemption.

(C) Setbacks in Sensitive Locations.

• (1) Parcels abutting agricultural uses: see Chapter 16.50 SCCC regarding setback/buffer requirements.

• (2) Parcels abutting residential or non-commercial agricultural zone districts:

  • (a) Abutting an RM or RF District. The minimum side or rear yard abutting an RM or RF district shall be 10 feet, except in the C-4 district where this setback shall be 30 feet.

    • (b) Abutting an R-1 or A District. The minimum side or rear yard abutting an R-1 or A district shall be 15 feet, except in the C-4 district where this setback shall be 30 feet.

    • (c) Third Floor Setbacks. Minimum 50 percent of third floor exterior walls must be set back an additional 10 feet from the front, side, and rear yard setback lines.

  • (3) 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 a 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.

• (D) 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 § 8, 1984; Ord. 4217 § 3, 1992; Ord. 4314 § 3, 1994; Ord. 4346 § 17, 1994; Ord. 4496-C § 21, 1998; Ord. 4836 § 85, 2006; Ord. 5171 §§ 1, 2, 2014; Ord. 5325 §§ 9–11, 2020; Ord. 5326 §§ 9–11, 2020; Ord. 5423 § 12, 2022)

• (A) Mixed-Use Residential and Commercial Developments.

  • (1) Density. Base residential density shall not exceed 45 dwelling units per acre, calculated using gross site area.

    • (a) Residential Density Bonus. Projects incorporating affordable housing units may be allowed additional density per Chapter 17.12 SCCC.

    • (b) Within the Coastal Zone, the approving body (or the Coastal Commission on appeal) may approve additional units under density bonus provisions if the following criteria are met:

      • (i) The additional units are consistent with Coastal Act Section 30604(f) , Government Code Section 65915, and Chapter 17.12 SCCC; and

      • (ii) The project is found to be in conformity with the Local Coastal Program provisions that ensure no impact on coastal resources (including but not limited to sensitive habitat, agriculture, public viewshed, public recreational access, and open space protections).

  • (2) Open Space. Minimum 50 square feet open space per dwelling. Open space may be provided through any combination of private and common open space. A minimum of 50 percent of the units included in the project must provide private open space accessed through unit. Minimum private open space dimensions: six by six feet. Minimum usable/active common open space dimensions: 15 by 10 feet.

  • (3) Setbacks. Side and rear setbacks shall be five feet, unless larger setbacks are otherwise required.

• (B) Hospitals and Mixed-Use Medical Developments. Within the urban services line, hospital and mixed-use medical developments may be eligible for special use and development standards as provided in SCCC § 13.10.364(B) . Commercial FAR limitations shall not apply to eligible projects.

• (C) Active Commercial Corridors. On parcels in the C-1 and C-2 Zone Districts, at least 50 percent of first floor building frontage along main streets, active connector streets, or multimodal

corridors (as mapped in the Santa Cruz County General Plan) shall be active commercial uses (businesses open to the general public).

• (D) Pleasure Point Commercial Corridor. On commercially zoned parcels located along the mapped Pleasure Point commercial corridor (Portola Drive between 26th Ave. and 41st Ave., and 41st Ave. between Portola Drive and the Capitola city limit), development shall follow the guidance provided in the Santa Cruz County Design Guidelines Appendix B: Pleasure Point Commercial Corridor Design Guidelines. The following special development standards shall apply:

  • (1) Maximum 20,000 square feet for individual tenant spaces;

  • (2) Third stories must be located toward the middle of a parcel or site, with one- and two-story street-facing building facades;

  • (3) Height exceptions or variances are not allowed; and

  • (4) Setbacks.

• (a) Minimum street-facing setbacks: Where there is not a conflict with other development standards, buildings must allow for minimum 10-foot sidewalks facing the commercial corridor, and minimum six-foot sidewalks along side streets, taken from private property area if necessary;

  - (b) Maximum street-facing setbacks: 20 feet from edge of sidewalk for ground floor sales, service, restaurant, or office uses. Thirty feet from edge of sidewalk for ground floor residential uses or outdoor dining; and 
  
  - (c) Parcels abutting residential zone districts: minimum setback of 30 feet for commercial buildings, 20 feet for residential buildings, with third stories set back an additional five feet. 
  

• (E) FAR Parking Exemption. Commercial and mixed-use 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.

• (F) Accessory Dwelling Units. ADUs shall be subject to the use and development standards in SCCC § 13.10.681 . Where there are conflicts between this section and SCCC § 13.10.681 , SCCC § 13.10.681 shall take precedence.

• (Formerly 13.10.335; Ord. 3432 § 1, 1983; Ord. 3843 § 4, 1987; Ord. 3994, 1989; Ord. 4346 §§ 19– 21, 1994; Ord. 4496-C §§ 22, 23, 1998; Ord. 5171 § 3, 2014; Ord. 5423 § 12, 2022)

• (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 shall be met, or requirements for on-site sanitation and water systems if applicable to the site location.

• (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.

(Formerly 13.10.334; Ord. 4263 § 2, 1993; Ord. 4346 § 18, 1994; Ord. 5423 § 12, 2022)

Other use and development standards applicable to commercial zone districts include but are not limited to the following provisions of the SCCC:

(Ord. 5423 § 12, 2022)