Part 5 — DESIGN PERMIT

The purpose of the design permit is to promote the public health, safety and general welfare through the review of architectural and site development proposals and through application of recognized principles of design, planning and aesthetics and qualities typifying the Santa Cruz community. This section of the Zoning Ordinance is also part of the Local Coastal Implementation Plan.

(Ord. 2022-19 § 7, 2022; Ord. 2012-06 § 2 (part), 2012: Ord. 2002-17 § 1 (part), 2002: Ord. 94-33 § 16, 1994: Ord. 85-05 § 1 (part), 1985).

A design permit shall be required for the following types of projects:

1. Multiple dwellings and dwelling groups containing two or more dwelling units;

2. New structures intended for commercial use;

3. New structures intended for industrial use;

4. Commercial or industrial uses of land not involving a building;

5. Accessory structures and uses except those accessory uses or structures customarily associated with and accessory to a single-family dwelling unless a design permit is otherwise required in this title;

6. Any structure on, or use of, a substandard residential lot when that structure or use is associated with a single-family residential use, except for structures which provide access to the first floor for the physically challenged and accessory structures that are less than one hundred twenty square feet and less than fifteen feet in building height. Such accessory structures shall be included in the calculation of maximum lot coverage pursuant to Section 24.08.440;

7. Any exterior remodeling and/or site alteration of either fifty thousand dollars or twenty-five percent additional floor area to any

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existing commercial or industrial building or structure, except within the Central Business District (CBD) zone and for properties within the Mission Street Urban Design Plan area, within which a design permit shall be required for any exterior alteration or remodeling for which the construction costs of such work exceed ten thousand dollars; the design of such exterior improvements shall be consistent with the applicable design requirements contained in the Downtown Plan or Mission Street Urban Design Plan;

8. Any project where the applicant is a public agency over which the city may exercise land use controls;

9. Public projects in the Coastal Zone, including but not limited to buildings, roads, bridges, wharf structures, shoreline riprap, and port district projects;

10. Any project which requires a design permit as a result of a specific city action or as a result of a condition of a prior project approval;

11. Parking lots with capacity for five or more spaces;

12. Any project which requires a planned development permit;

13. Single-family homes over four thousand square feet in R-1-10, three thousand five hundred square feet in R-1-7, and three thousand square feet in R-1-5 zoning districts;

14. Any structures in the West Cliff Drive Overlay District.

Electric vehicle charging stations are exempt from the requirement for a design permit. (Ord. 2022-19 § 7, 2022; Ord. 2020-22 § 6, 2020; Ord. 2020-16 § 1, 2020: Ord. 2016-11 § 4, 2016: Ord. 2016-04 § 2, 2016: Ord. 201206 § 2 (part), 2012: Ord. 2004-27 § 2, 2004: Ord. 2004-02 § 1, 2004: Ord. 2002-17 § 1 (part), 2002: Ord. 2001-01 § 1, 2001: Ord. 2000-27 § 2, 2000: Ord. 2000-20 § 2, 2000: Ord. 95-30 § 2, 1995: Ord. 94-34 § 8, 1994: Ord. 94-33 § 17, 1994: Ord. 92-18 § 1, 1992; Ord. 88-20 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

1. Applications for design permits shall be acted upon by the zoning administrator without a public hearing unless the design permit is accompanied by an application which must be heard by a higher body (planning commission or city council) or meets the requirements for review at a public hearing by either the zoning administrator or the city planning commission as delineated below. When acting on a fully compliant application for a housing development project, the ZA shall make the findings required by Section 24.08.425.

2. Any applications for design permits of the types listed below shall be acted upon by the zoning administrator at a public hearing:

a) New two-story structures and/or second-story additions associated with a singlefamily residential use on substandard residential lots;

b) Large homes per Section 24.08.450; c) Wireless telecommunications facilities per Part 15 of Chapter 24.12; or

d) New structures or improvements to existing structures in the West Cliff Drive Overlay District that require a coastal permit;

e) Mixed-use or multifamily residential development that varies from no more than five of the objective design standards of Section 24.12.185, pursuant to the findings required by Section 24.08.426.

3. Any applications for design permits for mixed-use or multifamily residential development that vary from six or more of the objective design standards of Section 24.12.185 shall be acted upon by the city planning commission at a public hearing, pursuant to the findings required by Section 24.08.426. (Ord. 2022-19 § 7, 2022; Ord. 2016-11 § 5, 2016: Ord. 2012-06 § 2 (part), 2012: Ord. 9434 § 9, 1994: Ord. 89-19 § 2, 1989: Ord. 85-05 § 1 (part), 1985).

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Applications for design permits for projects including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects for which the following findings can be made will not be subject to a public hearing except by reason of appeal.

1. The site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

2. The site plan and building design are in full conformance with the design standards of Section 24.12.185.

(Ord. 2022-19 § 7, 2022).

Applications for design permits for projects including two or more multifamily residential units shall be reviewed at the minimum level of review for which they are qualified based on the criteria for design review. Projects which propose to vary from one or more of the design standards of Section 24.12.185 shall be subject to a public hearing in accordance with Section 24.08.420. The public hearing body shall approve the design permit based upon the following findings. These findings shall apply only to alternative designs for compliance with Section 24.12.185, and are not applicable to applications seeking to vary from any other

standard, requirement, or policy of the municipal code.

1. With the exception of the standards for which the project is seeking alternative design, the site plan and building design are consistent with design and development policies, limited to those policies that constitute objective standards therein when required by state law, of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

2. For each standard for which the project proposes an alternative design, the proposed alternative meets the intent of the stated goal identified for the relevant standard in Section 24.12.185.

(Ord. 2022-19 § 7, 2022).

All applications for design permits that cannot be reviewed under Section 24.08.425 or 24.08.426 shall be reviewed in relation to below established criteria for design review.

Applications for design review other than those processed pursuant to Sections 24.08.425 and 24.08.426 shall be approved if proposed buildings, structures, streets, landscaping, parking, open space, natural areas and other components of the site plan conform with the following criteria, as applicable:

1. The site plan and building design are consistent with design and development policies of the General Plan, any element of the General Plan, and any area plan, specific plan, or other city policy for physical development. If located in the Coastal Zone, the site plan and building design are also consistent with policies of the Local Coastal Program.

2. For nonresidential projects, the project’s location, size, height, operations, and other significant features and characteristics are compatible with and do not adversely affect or

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further degrade adjacent properties, the surrounding neighborhood, or the public health, safety, and welfare. For residential projects, the project complies with the objective standards and requirements of the zoning district in which it is located, as well as any objective standards of any area plan or other regulatory document that applies to the area in which the project is located.

3. For nonresidential projects, the project provides for an arrangement of uses, buildings, structures, open spaces, and other improvements that are compatible with the scale and character of the adjacent properties and surrounding neighborhood.

4. The exterior design and appearance of buildings and structures and the design of the site plan shall be compatible with design and appearance of other existing buildings and structures in neighborhoods which have established architectural character worthy of preservation.

5. Design of the site plan respects design principles in terms of maintaining a balance of scale, form and proportion, using design components which are harmonious, and materials and colors which blend with elements of the site plan and surrounding areas. Location of structures takes into account maintenance of public views; rooftop mechanical equipment is incorporated into roof design or screened from public rights-of-way to the extent possible. Utility installations such as trash enclosures, storage units, traffic-control devices, transformer vaults and electrical meters are accessible and screened.

6. Where a site plan abuts, or is in close proximity to, uses other than that proposed, the plan shall take into account its effect on other land uses. Where a nonresidential use abuts or is in close proximity to a residential use, the effect of the site plan should maintain the residential quality of adjacent or nearby areas.

7. To the extent feasible, the orientation and location of buildings, structures, open spaces and other features of the site plan main-

tain natural resources including significant trees and shrubs, minimize impacts to solar access of adjacent properties, and minimize alteration of natural land forms; building profiles, location, and orientation must relate to natural land forms.

8. The site plan ensures that the scale, bulk, and setbacks of new development preserve important public views along the ocean and of designated scenic coastal areas. Where appropriate and feasible, the project shall restore and enhance visual quality of visually degraded areas.

9. The site plan shall reasonably protect against external and internal noise, vibration and other factors which may tend to make the environment less desirable. The site plan should respect the need for privacy of adjacent residents.

10. Buildings and structures shall be designed and oriented to make use of natural elements such as solar radiation, wind, and landscaping for heating, cooling, ventilation, and lighting.

(Ord. 2022-19 § 7, 2022; Ord. 2020-22 § 7, 2020; Ord. 2016-04 § 3, 2016: Ord. 2012-06 § 2 (part), 2012: Ord. 2000-27 § 3, 2000: Ord. 85-05 § 1 (part), 1985).

Whenever a project associated with a singlefamily residential use is proposed for a substandard residential lot, as defined in Section 24.22.520, applications for design review shall be approved if the findings set forth in Section 24.08.430 can be made and proposed buildings, structures, landscaping and other components of the site plan conform to the following additional criteria:

1. The maximum allowable lot coverage for structures shall be forty-five percent, except that lot coverage shall be waived to the extent that it physically precludes the construction of an accessory dwelling unit up to eight hundred

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square feet in floor area. The lot coverage of an accessory dwelling unit shall not be included in the calculation of all other structures’ maximum allowable lot coverage. Lot coverage shall include the footprints of the first floor, garage and other accessory buildings (attached and detached), decks and porches (greater than thirty inches in height and not cantilevered), and any second-story cantilevered projection (enclosed or open) beyond two and one-half feet. Decks under thirty inches in height or fully cantilevered with no vertical support posts do not count toward lot coverage for this purpose. Second-story enclosed cantilevered areas that project less than thirty inches from the building wall do not count toward lot coverage. For such areas that project more than thirty inches from the building wall, only the floor area that projects more than thirty inches shall be counted toward lot coverage.

2. The floor area of a building’s second story shall be limited to one hundred percent of the floor area of the building’s first floor if the floor area of the building’s first story constitutes thirty percent or less of the net lot area.

3. The floor area of a building’s second story shall not exceed fifty percent of the floor area of the building’s first story if the building’s first story has greater than thirty percent lot coverage up to a maximum of forty-five percent lot coverage.

4. The floor area of a building’s second story shall be limited to fifty percent of fortyfive percent lot coverage if the building’s first story has greater than forty-five percent lot coverage.

5. New structures shall be consistent with the scale of structures on adjacent lots and generally be compatible with existing surrounding structures.

6. New structures shall be sited in ways which avoid causing substantial change in the pattern of existing building projections along streets. Continuous long, parallel abutting walls on narrow side yards shall be avoided.

7. Spacing of buildings and overall siting of structures shall maximize the potential for solar access to each lot.

8. Landscaping shall be required at least for front yard areas and shall be used to screen parking from street.

9. Structures shall incorporate methods to lessen the impact of garages on a street facade. (Ord. 2024-17 § 4, 2024; Ord. 2022-19 § 7, 2022; Ord. 2020-22 § 8, 2020; Ord. 2016-11 § 6, 2016: Ord. 85-05 § 1 (part), 1985).

1. Purpose. The intent of the design permit findings for large-scale residential buildings is to protect existing neighborhood character and identity by development guidelines that promote a variable streetscape by requiring a variety of building massing and placements, and also by maintaining existing neighborhood patterns to limit obtrusive visual impacts on nearby properties.

2. Determination of Large Home. Singlefamily homes over four thousand square feet in R-1-10 zoning districts, three thousand five hundred square feet in R-1-7 zoning districts, and three thousand square feet in R-1-5 zoning districts are considered “large homes.” The square footage of the home shall be calculated based on the gross square footage of the main structure, including any attached and detached garages or other accessory structures, not including accessory dwelling units. For properties with detached garages in the rear one-half of the lot, a credit shall be given for the size of the garage up to four hundred twenty square feet, which shall not be counted toward the square footage of the home. Detached garage square footage over four hundred twenty square feet shall be included in the square footage of the home. The square footage of a junior accessory dwelling unit shall be counted as part of the home. The square footage of accessory dwelling units shall not be counted as part of the home.

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3. Application Requirements. In addition to the standard requirements of the R-1 district, a survey of buildings within one hundred feet of the property on both sides of the street, which identifies front and side yard setbacks, building floor area, building heights, driveway widths, garage locations, and architectural style, shall be submitted with the project application.

4. Design Criteria. There is no particular architectural “style” required for residential structures, but the focus should be on the development of a high quality residential environment. In general, the architecture should consider compatibility with surrounding character, including harmonious building style, form, size, color, material, and roofline. Individual dwelling units should be distinguishable from one another. Also projects should comply with design standards established in relevant specific area plans such as the Western Drive Master Plan, Seabright Area Plan and the Moore Creek Access and Management Plan and others that apply.

a. Facade and Roof Articulation. The articulation of facades and the massing of structures give them richness and scale. Long uninterrupted exterior walls shall be avoided on all structures. All structure walls shall have “relief” to create an interesting blend with landscaping, structures, and the casting of shadows. The integration of varied texture, relief, and design accents on building walls can enhance the architecture.

n. The articulation of facades and the massing of structures give them richness and scale. Long uninterrupted exterior walls shall be avoided on all structures. All structure walls shall have “relief” to create an interesting blend with landscaping, structures, and the casting of shadows. The integration of varied texture, relief, and design accents on building walls can enhance the architecture.

For sloped roofs, both vertical and horizontal articulation is encouraged. Roof lines should be representative of the design and scale of the units under them. Roof articulation may be achieved by changes in plane of no less than two feet six inches and/or the use of traditional roof forms such as gables, hips, and dormers. Flat roofs and A-frame type roofs are discour-

aged unless appropriate to the architectural style.

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b. Varied Structure Design.

(1) Design of structures shall be varied in tract developments to create variety and interest. A significant difference in the massing and composition (not just finish materials) of each adjacent house should be accomplished. One design shall not be repeated more frequently than each fourth house.

(2) New development in existing neighborhoods should incorporate distinctive architectural characteristics of surrounding development, for example: window and door detailing, decoration, materials, roof style and pitch, building height, finished-floor height, porches, bay windows, and the like.

c. Scale.

(1) Form and scale should relate to the use of the structure as a single-family residence. Also, the scale of structures shall be at a human scale so as not to overwhelm or dominate their surroundings. New structures shall be consistent with the scale of structures on adjacent lots and generally be compatible with existing surrounding structures.

(2) New development should continue the functional site relationships of the surrounding neighborhoods. As an example, common patterns found in the surrounding neighborhoods should be repeated, such as single-story dwellings, entries facing the street, front porches and parking at the rear.

d. Setbacks.

(1) New projects shall provide variable front setbacks, with a minimum of five-foot differentiation provided between adjacent lots.

(2) New single-family development in existing neighborhoods shall be integrated with

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the housing units in the adjacent area. Site setbacks of infill residential projects shall be either:

(a) Equal to the average setback of all residences on both sides of public streets within one hundred feet of the property lines of the new project; or

(b) Equal to the average of the two immediately adjacent residences.

In cases where averaging between two adjacent existing residences is chosen, the new residence may be averaged in a stepping pattern between the setbacks of adjacent residences, or the new residence’s entire frontage may be built on the average setback line.

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e. Garages.

(1) Unit design is encouraged to limit the visual impact of automobile parking by developing detached garages in the rear yard or significantly limiting the garage’s lineal frontage of a structure to forty percent of the structure’s overall width.

(2) Garages should have a single-story mass if developed at the front of a structure and provide an architectural transition if there is twostory massing.

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f. Grading.

(1) Development should relate to the natural land forms and surroundings and minimize grading by following the natural contours as much as possible. Graded slopes should be rounded and contoured to blend with the existing terrain. Structures built on slopes or hills should be sensitively designed to minimize visual impact by stepping structures to match topography.

(2) Significant natural vegetation should be retained and incorporated into the project whenever possible. Landscaping shall be required for the front yard areas.

(Ord. 2024-17 § 5, 2024; Ord. 2020-22 § 9, 2020; Ord. 2016-11 § 7, 2016: Ord. 93-19 § 15, 1993).