Part 1 — CONSERVATION REGULATIONS

The purpose and intent of the conservation regulations is to protect the public health, safety and community welfare; and to otherwise preserve the natural environmental resources of the city of Santa Cruz in areas having significant and critical environmental characteristics. The conservation regulations have been developed in general accord with the policies and principles of the General Plan, as specified in the Environmental Quality Element, the Safety Element of the General Plan, and the Local Coastal Program, and any adopted area or specific plans. It is furthermore intended that the conservation regulations accomplish the following:

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1. Minimize cut, fill, earthmoving, grading operations, and other such man-made effects on the natural terrain;

2. Minimize water runoff and soil erosion caused by human modifications to the natural terrain;

3. Minimize fire hazard and risks associated with landslides and unstable slopes by regulating development in areas of steep canyons and arroyos and known landslide deposits;

4. Preserve riparian areas and other natural habitat by controlling development near the edge of ponds, streams, or rivers;

5. Encourage developments which use the desirable, existing features of land such as natural vegetation, climatic characteristics, viewsheds, possible geologic and archaeological features, and other features which preserve a land’s identity;

6. Maintain and improve to the extent feasible existing water quality by regulating the quantity and quality of runoff entering local watercourses;

7. Maintain and improve to the extent feasible existing air quality by achieving or exceeding state air quality guidelines;

8. Serve as part of the Local Coastal Implementation Plan of the Local Coastal Program.

(Ord. 2006-02 § 4 (part), 2006: Ord. 94-33 § 63, 1994: Ord. 85-05 § 1 (part), 1985).

maximum feasible conformance with this part can be attained. Where such areas are designated, they shall prevail over setbacks set forth in this title.

3. Relationship to Environmental Impact Reports (EIRs) and Negative Declarations. Appropriate measures recommended in EIRs and negative declarations to mitigate identified significant environmental impacts shall be incorporated in project design, unless appropriate findings, as required by CEQA, are made.

4. Setback Requirements – General. In its review of a development proposal, the zoning board may require building setbacks greater than those required by the zoning district in which a project is located, if it determines that the additional setback is necessary to achieve the purposes set forth in Section 24.14.010 of Part 1, Conservation Regulations.

5. In the Coastal Zone all development that involves alteration of or discharge into wetlands or streams and riparian vegetation shall be subject to review by the Department of Fish and Game whose requirements shall be incorporated into development plans prior to approval of the coastal development permit. However, standards of the certified LUP which are more protective of resources shall prevail over Department of Fish and Game requirements.

lves alteration of or discharge into wetlands or streams and riparian vegetation shall be subject to review by the Department of Fish and Game whose requirements shall be incorporated into development plans prior to approval of the coastal development permit. However, standards of the certified LUP which are more protective of resources shall prevail over Department of Fish and Game requirements.

(Ord. 94-33 § 64, 1994: Ord. 88-55 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

1. Applicability. The conservation regulations in this part apply to every zoning district within the city of Santa Cruz, except as specifically provided herein. Where conflict in regulations occurs, the regulations set forth in this part shall apply.

2. Relationship to Minor Land Divisions and Subdivisions. No minor land division or subdivision shall create lots which would necessitate exceptions to these regulations.

Areas where construction shall not occur because of environmental constraints may be specified on parcel and tentative maps so that

1. Applicability and Purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by combustible vegetation and steep and/or unstable slopes. Minor sculpted landforms, such as berms or swales, shall be exempt from the following regulations. A further purpose is to avoid excessive height, bulk, and mass normally associated with building on slopes.

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a. Building permit applications for new structures on slopes of ten percent or greater shall include an accurate topographic map. The map shall contain contours of two-foot intervals for slopes of twenty percent grade.

b. Slopes thirty percent or greater shall not be considered in the density determination of a property.

c. Construction of buildings (as defined in Section 24.22.154) or structures (as defined in Section 24.22.822) on or within twenty feet of slopes fifty percent or greater shall require approval of a slope development permit at a public hearing before the zoning administrator, unless they are exempted pursuant to subsection (1)(g). Construction of buildings (as defined in Section 24.22.154) on or within twenty feet of slopes greater than or equal to thirty but less than fifty percent shall require administrative approval of a slope development permit with no public hearing required, unless they are exempted pursuant to subsection (1)(g).

d. When a slope development permit is required pursuant to subsection (1)(c), a sitespecific geological review consistent with the California Division of Mines and Geology guidelines shall be provided by a state-qualified professional. The review shall include consideration of material, height of slope, slope gradient, load intensity, and erosion characteristics of slope material. The recommendations contained in the review, including but not limited to California Building Code requirements, shall be incorporated into the design of the building project to prevent slope instability as a result of new development.

e. All development on slopes shall be designed so that drainage water to and from the site complies with applicable local, Regional Water Quality Control Board, and state standards.

f. Proposed buildings on parcels within or adjacent to fire hazard areas as designated in the safety element of the general plan shall maintain separation from combustible vegeta-

tion as required by the city fire department. Removal of combustible vegetation may also be required as part of project approval.

g. Minor development not including buildings (as defined in Section 24.22.154) or grading over fifty cubic yards, may encroach on slopes greater than or equal to thirty percent. Minor development can include things such as walkways, fences, retaining walls less than three feet high above existing grade, planter boxes, stairways, decks extending not more than five feet into a slope greater than or equal to thirty percent, and similar features, or similar minor development as determined by the zoning administrator, may encroach on slopes greater than or equal to thirty percent without a slope development permit.

h. No new lot shall be created that does not comply with the requirements of Section 23.04.050.3, Subdivision principles – Buildable lots.

i. For all development within one hundred feet of a coastal bluff, a site-specific geologic report consistent with the California Division of Mines and Geology guidelines shall be prepared by a state qualified professional.

2. Driveway Design Standards. a. Driveways shall be designed with existing contours to the maximum extent feasible.

b. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight.

c. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:

==> picture [225 x 126] intentionally omitted <==

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d. Driveways within slopes that are thirty percent or greater shall require a slope development permit per Part 9 of Chapter 24.08. (Ord. 2022-18 § 20, 2022; Ord. 2022-08 § 4, 2022; Ord. 95-30 § 4, 1995: Ord. 94-34 § 16, 1994: Ord. 94-33 § 65, 1994: Ord. 88-13 § 2, 1988: Ord. 85-05 § 1 (part), 1985).

24.14.030a SLOPE REGULATIONS (IN THE COASTAL ZONE).

1. Applicability and Purpose. The following regulations are enacted to minimize the risks associated with project development in areas characterized by combustible vegetation and steep and/or unstable slopes. Such areas include canyons, arroyos, slopes over thirty percent (see Maps EQ-6 and EQ-7 in the General Plan). Minor sculpted landforms, such as berms or swales, shall be exempt from the following regulations. A further purpose is to avoid excessive height, bulk and mass normally associated with building on slopes.

a. Building permit applications for new structures on slopes of ten percent or greater shall include an accurate topographic map. The map shall contain contours of two-foot intervals for slopes of twenty percent grade.

b. Slopes thirty percent or greater shall not be considered in the density determination of a property.

c. Parcels with a portion of the area in slopes of thirty percent or greater shall require the minimum lot area of the applicable zoning district in slopes of less than thirty percent. The area in slopes of less than thirty percent must be contiguous to the proposed building site.

d. No building shall be located on a slope of thirty to fifty percent, or within twenty feet of a thirty to fifty percent slope, unless an exception is granted pursuant to Section 24.14.040 or a variance is granted pursuant to Section 24.08.800a.

e. No structure shall be located on a slope greater than fifty percent.

f. Proposed buildings on parcels within or adjacent to fire hazard areas as designated in

the safety element of the General Plan (Map S-11) shall maintain separation from combustible vegetation as required by the city fire department. Removal of combustible vegetation may also be required as part of project approval.

g. No development except minor development on parcels of one-half acre or less, such as walkways, fences, retaining walls less than three feet high above existing grade, planter boxes and similar features, will be allowed to encroach on thirty percent slopes without an exception listed in Section 24.14.040.

h. No new lot shall be created which will require the house to be sited within twenty feet of a thirty percent slope.

i. For all development within one hundred feet of a coastal bluff, a site-specific geologic investigation prepared by a qualified professional consistent with the California Division of Mines and Geology guidelines shall be prepared.

2. Driveway Design Standards. a. Driveways shall be designed with existing contours to the maximum extend feasible.

b. Driveways shall enter public/private streets in such a manner as to maintain adequate line of sight.

c. Driveways shall have a maximum grade of twenty-five percent as illustrated in the following diagram:

==> picture [225 x 126] intentionally omitted <==

d. Driveways within slopes that are thirty percent or greater shall require an exception listed in Section 24.14.040. (Ord. 2022-08 § 4, 2022).

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The zoning administrator may, through slope modification permit procedures, grant exception to Section 24.14.030a(1)(d) when the exception is no less than ten feet from the top edge of the slope and to Section 24.14.030a(1)(g) when the exception is not a building, where strict compliance with that subsection creates a particular physical hardship and there are no reasonable alternatives to the exception, and when the applicable conditions in Section 24.08.810a are found. (Ord. 2022-08 § 4, 2022; Ord. 95-30 § 5, 1995: Ord. 94-34 § 17, 1994: Ord. 91-14 § 6, 1991; Ord. 88-13 § 3, 1988: Ord. 85-05 § 1 (part), 1985).

1. General Provisions.

a. Applicability. A drainage plan shall be provided for all large and small projects, as defined below, when existing drainage patterns would be altered by new construction. All drainage plans for properties adjacent to watercourses and wetlands shall be in conformance with requirements of Section 24.08.2100 (Watercourse Development Permit) and with the policies of the City-wide Creeks and Wetlands Management Plan. Drainage plans shall be submitted and reviewed as part of project approval.

b. Roof Drainage. All roof drains shall be discharged so as to minimize erosion.

c. Disposition of Stormwaters. Where storm drainage from the project is to be discharged into natural watercourses, the drainage plan shall include methods to safeguard or enhance existing water quality.

d. Stormwater Runoff. Storm drainage runoff resulting from project development should be minimized. To that end, devices such as detention basins, percolation ponds, or sediment traps may be required, where appropriate or as specified in an adopted area plan or wetlands management plan.

e. Surface Water. All surface water shall be directed to a public or private street, driveway, public right-of-way, drainage easement, or watercourse.

2. Small Project Drainage Plan.

a. Requirement. A drainage plan, pursuant to Section 24.14.050, subsection (2)(b), prepared by a licensed civil engineer or other qualified licensed professional, shall be required of projects which involve:

(1) Residential, commercial, public or quasi-public or industrial development or additions thereto, constructed on slopes of less than ten percent and parking lots of five or fewer spaces;

(2) Minor land divisions involving lands with slopes of ten percent or greater.

b. Contents. Drainage plans for small projects as defined above shall indicate the direction of water flow and the ultimate disposition of surface water. This plan shall be reviewed as part of project approval.

3. Large Project Drainage Plan. a. Requirements. A drainage plan, pursuant to Section 24.14.050, subsection (3)(b), prepared by a licensed civil engineer or other qualified licensed professional, shall be required of projects which involve:

(1) Residential subdivisions or cluster developments when development potential exceeds four units;

(2) Residential, commercial, public or quasi-public or industrial development or additions thereto, if constructed on lands with slope in excess of ten percent and parking lots of more than five spaces;

(3) Any development adjacent to an environmental constraint area identified in the Environmental Quality and Safety Elements of the General Plan or the Local Coastal Program;

(4) Projects for which the planning director determines that such a plan is warranted by existing site conditions.

b. Contents. Drainage plans for large projects shall be prepared by a qualified professional and shall contain at least the following:

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(1) A site plan indicating existing and proposed contours;

• (2) The direction of water flow;

(3) Details on drainage control facilities such as size and location of all culverts, pipe drains, drain inlets, berms, ditches, interceptor drains or swales, and energy dissipaters where necessary;

(4) Erosion control methods as outlined in Section 24.14.060.

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