Part 7C.1 — R-T(C)/PER: SUBDISTRICT C – BEACH COMMERCIAL/ PERFORMANCE OVERLAY ZONE

The purpose of the Beach Commercial Performance Overlay Zone is to identify areas of critical public interest in the Beach Commercial Area, and to provide regulations and standards necessary to achieve planning goals for development and/or redevelopment in a manner which protects neighborhood integrity while stimulating appropriate economic development.

The goal of RTC/PER is to promote the General Plan policy for the development of regional visitor serving uses in the Beach Area while accomplishing the directives of the adopted Beach and South of Laurel Comprehensive Area Plan. The Beach Commercial Performance Overlay zone establishes the requirement that a master plan for the entire 7.5 acre site developed under the Planned Development process before any new buildings are constructed on the site.

(Ord. 2000-18 § 8 (part), 2000).

The RTC/PER is designed to accomplish the following:

(a) To incorporate a public process to ensure that development meets adopted public policy goals in terms of uses, design and public benefits;

(b) To permit a flexible development response to the local market as well as the regional visitor market, and to allow for the development of a variety of land uses and pub-

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lic activities to meet the needs and requirements of visitors, residents and workers;

(c) To provide a density of development which will be compatible with uses adjacent to the Beach Commercial Area;

(d) To encourage design which produces a desirable relationship between the development on this site and adjacent residential and commercial areas;

(e) To ensure conformance with the approved “Beach Commercial Design Guidelines” regarding facades, public spaces, location of store fronts, architectural variation, height, rooflines, and landscaping; and

(f) To allow change of use of existing buildings on the site that comply with the following permit requirements. (Ord. 2000-18 § 8 (part), 2000).

The RTC/PER overlay zone shall be applied to all the parcels that comprise the Main Beach Parking lot, which is bounded by Beach Street, Riverside Avenue, Second and Cliff Streets and shall be subject to a community based planning process that is carried out to review the proposed uses, densities and design of proposed development within the Overlay district through a Planned Development process subject to the criteria and standards established by the Performance Overlay Zone. This process should take into account the proposed development’s potential to meet the city’s adopted economic development goals as well as neighborhood conservation goals for the area; its compliance with Local Coastal Zone policy and adopted design guidelines, and identify the benefits of the proposed project. (Ord. 2000-18 § 8 (part), 2000).

1. The following uses are permitted subject to an administrative use permit, a design permit and other requirements of the municipal code. The goal is to provide a continuity of activity and interest which will integrate exist-

ing commercial uses along Beach Street and the Boardwalk more fully (numerical references at the end of these categories reflect the general use classifications listed in the city’s land use codes):

a. Retail uses, including stores, shops, specialty shops, and neighborhood convenience retail, excluding department stores or discount malls up to a total of one hundred twenty-five thousand square feet for the district (230, 250, 290).

b. Eating establishments, not including drive-up or drive-in services, subject to live entertainment and alcohol regulations of Chapter 24.12 (280).

c. Off-site parking with fewer than five spaces (930).

d. Food and beverage stores (except liquor stores) (240).

e. Acting/art/music/dance/photography studios/schools (610) if such establishments are in compliance with the design guidelines and active people-oriented uses are located adjacent to the street.

f. Administrative offices ancillary to a permitted use, if:

• Offices in new structures are screened on street frontage by retail/recreational, and/or active people-oriented uses of at least twentyfive feet in depth, or

• Offices in existing structures do not create a significant break in pedestrian activity and storefront continuity along the street, and are landscaped according to the design guidelines.

g. Indoor recreational uses and sports and health clubs; provided, that the storefront adjacent to the street is designed in compliance with the guidelines, and active people-oriented uses are located adjacent to the street (720).

h. Temporary structures and uses. i. Private property outdoor seating, subject to the requirements in Section 24.12.191.

2. The following uses are subject to approval of a special use permit, a design permit and other requirements of the municipal code:

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a. Public performance space, art galleries and/or museums which are open to the public (600, 610).

b. Lodging, hotel development, provided it incorporates specialty boutiques and/or restaurant(s) on the ground floor, and does not create a significant break in pedestrian activity and storefront continuity along the street (300).

c. Off-site public/private parking facilities, five or more spaces (930), so long as the total width of access to the facility is not more than fifty feet in width on any one street frontage, provided the parking is visually screened and separated from the street, and that access is designed in a manner not to disrupt retail continuity along Beach Street.

d. Residential development, located above the first floor of commercial uses, not to exceed thirty dwelling units/acre, if it includes a mixture of unit types (e.g., variety of unit sizes) and if fifteen percent of the total number of units are affordable in accordance with Chapter 24.16 of the zoning regulations.

e. Theater and cinemas; exhibit space and libraries, auditoriums and conference space, providing significant pedestrian activity and storefront continuity is provided along the streets (550g, 570b, 570c, 600, 620).

f. Live performing arts theaters or nightclub establishments providing live entertainment with stage/performance areas greater than eighty square feet or permitting dancing and establishments serving alcoholic beverages; provided, that the storefront is designed in compliance with design guidelines and to include active people-oriented activities of visual interest to the pedestrian and subject to acoustical studies indicating that such uses can achieve the city’s existing noise standards (630).

(Ord. 2024-12 § 2, 2024; Ord. 2005-30 § 3, 2005: Ord. 2000-18 § 8 (part), 2000).

Any other use or service establishment determined by the zoning administrator to be of the

same general character as the foregoing uses, and which will not impair the present or potential use of adjacent properties, may be permitted. If the zoning administrator determines that the proposed use is more in character with the conditional uses for this zone, then a use permit shall be required and processed pursuant to Part 1, Chapter 24.08, Use Permits. The decision as to whether the use determination requires an administrative use permit or a special use permit shall be based on the use category that is most similar to the proposed use as determined by the zoning administrator. (Ord. 2022-19 § 16, 2022; Ord. 2000-18 § 8 (part), 2000).

These regulations apply to all development within the RTC/PER overlay district.

1. General.

a. Maximum allowable development of uses other than structured parking within the RTC/PER Overlay District may not exceed one hundred twenty-five thousand square feet. Additionally, in those cases where the project includes a conference/hotel facility, a public performance center, or other publicly beneficial use, and where it is determined that a project’s potential contributes in an exceptional manner to the city’s adopted economic development and quality architectural design goals, and it is additionally determined that the project will provide a public benefit in the form of a significant public improvement of the area, then the project may be considered for an increase in permitted square footage, as determined through a public process, with an amendment to the Beach and South of Laurel Area Plan.

b. Maximum lot coverage by building development, exclusive of facilities meeting parking requirements, may not exceed fifty percent of lot area.

c. Minimum Public Use and/or Open Performance Space (percent of lot area): Not less than ten percent of the gross site area. Publicly

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accessible space in courtyards and plazas may be included in this calculation.

2. Other Requirements/Standards.

• a. Height:

a.1. Maximum Building Height: Not to exceed thirty-six feet, unless twenty-five percent of the net lot area is dedicated public use and/or public performance space, then the maximum building height may not exceed fortyeight feet. Additionally, in those cases where the project includes a conference/hotel facility, a public performance center, or other publicly beneficial use, and where it is determined that a project’s potential contributes in an exceptional manner to the city’s adopted economic development and quality architectural design goals, and it is additionally determined that the project will provide a public benefit perceived in the form of a significant public improvement of the area, then the project may be considered for an increase in permitted height not to exceed forty-eight feet, with an amendment to the Beach and South of Laurel Area Plan. Uninhabitable mechanical penthouses shall be limited to ten percent of the roof area and will be permitted an additional ten-foot height allowance; provided, that they are set back from the face of the building by a minimum of fifteen feet so as not to be visible by pedestrians.

• Architectural elements such as bell towers, spires, turrets, cupolas, chimneys, dormers, flag poles, etc., are limited to fifteen percent of the roof area and may extend ten feet above the height limitation, subject to design permit review.

• Development eligible for additional height must step back a minimum of fifteen feet from the face of the base height of thirty-six feet except for architectural elements at the street intersections, so as to maintain the visual impression of a three-story facade on the street.

a.2. Minimum Building Height: Not less than two stories, of which the first floor retail,

restaurant and entertainment uses must have a minimum floor-to-floor height of fifteen feet.

b. Design: All development must be in compliance with adopted Design Guidelines. Regulations which may be applicable to site design in this zone are set forth in General Site Design Standards, Part 2, Chapter 24.12 and the Design Guidelines of the Beach and South of Laurel Comprehensive Area Plan. b.1. The design of all new structures be based upon Spanish Colonial Revival architecture as well as Mission Revival and Mediterranean architecture as described in the Design Guidelines. “Fantasy Victorian” is encouraged for recreational and entertainment development.

b.2. Buildings shall be designed with stucco walls, courtyards, arches, towers, balconies, wood doors and windows, or appropriate materials that emulate the scale, proportions and look of wood, decorative iron and tile details or other features typical of Spanish Colonial Revival style.

b.3. Building forms shall suggest thick masonry reminiscent of Spanish Colonial Revival architecture and incorporate features such as recessed doors and windows.

b.4. Building walls shall be stucco and colored white, off-white or very light value, warmtoned hues. Multiple color combinations may be used, provided they are subtle and consist of a limited number of colors. Variations in shade or tone can be used to articulate architectural features.

b.5. Roofs shall be hipped terra cotta tile roofs or flat roofs completely surrounded by a parapet. This parapet shall incorporate curvilinear decorative shapes and moldings.

b.6. Flat-roofed buildings shall incorporate porches, window overhangs, trellises, wall and opening articulation or other features to avoid a bare-box appearance.

c. Siting:

c.1. Development shall be designed to create plazas and pedestrian spaces featuring ame-

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nities such as shade, benches, outdoor dining, fountains, gardens and performance spaces.

c.2. All store fronts, theater entries, and hotel lobbies shall be located along streets, plazas, courtyards, or sidewalks in order to create visual interest to the pedestrian.

c.3. Building facades shall be articulated with wall offsets, recesses, openings, ornamentation, and appropriate colors and materials to add texture and detail to the streetscape.

d. Accessibility: d.1. All retail uses must be directly accessible from a sidewalk, plaza, courtyard or other public open spaces.

d.2. Access must be aesthetically integrated within the development.

e. Setbacks: Development on this site should be designed to encourage and support activities which unify both sides of Beach Street, integrating the Boardwalk/Casino with the Main Beach lot development. Development shall be required to build to the property lines adjacent to Beach Street and Riverside Avenue. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.

uld be designed to encourage and support activities which unify both sides of Beach Street, integrating the Boardwalk/Casino with the Main Beach lot development. Development shall be required to build to the property lines adjacent to Beach Street and Riverside Avenue. Significant planter boxes and other narrowscape concepts should be used to soften this edge but provide active pedestrian access.

e.1. On Beach Street and Riverside Avenue front line setbacks, not to exceed fifteen feet in depth, may be permitted if it is designed to incorporate active outdoor uses, such as outdoor dining or public seating and/or landscaping.

e.2. A fifteen-foot landscaping setback/buffer is required on Second Street.

e.3. A ten-foot landscaping setback/buffer is required along Cliff Street.

f. Parking:

f.1. On Beach Street, Cliff Street and Riverside Avenue, surface or structured parking may be constructed if the parking is visually screened and separated from the street by commercial development of at least fifty feet in depth.

f.2. On Second Street, surface or structured parking may be constructed if the parking is visually screened and separated from the street

by a fifteen-foot landscape buffer in conjunction with, or in place of, commercial development.

f.3. Parking structure exteriors shall maintain the same high-quality architectural design and construction standards as all other commercial buildings.

• The large scale and mass of parking structures shall be alleviated through wall offsets, pilasters, arched openings and other distinctive design elements.

• • Decorative elements such as cornices, balustrades, finish materials, colors and lighting shall be used to add interest and integrate the structures within the design character of the area.

f.4. Parking shall not be the dominant visual element of the site. Existing and/or expanded surface parking which is visible from the street or other areas exposed to public view must be screened and softened by landscaping, low screen wall, or a combination of these elements.

f.5. At least fifteen percent of the surface area of surface parking lots must be planted with trees to reduce heat and glare and to provide visual relief from broad expanses of paving. Shade trees shall be planted around the perimeter and within the lot.

g. Landscaping:

g.1. Interior courtyards and passages are encouraged and shall be planted with colorful perennial and annual plant species. A combination of trees, shrubs and groundcovers shall be used to frame, soften and embellish the quality of the development, to screen undesirable views and to define development boundaries. All landscaping shall be maintained in an attractive condition.

g.2. Permanent containers for flowering plants, such as window boxes and planters, are encouraged for use in limited space areas, at entries and in courtyards and plazas, and along the frontages of Beach Street and Riverside Avenue.

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• h. Transit: All development proposals

• within the Performance Overlay Zone shall:

• discourage employee automotive use by instituting one or more of the following: carpooling requirements; transit subsidies; employee shuttle service; and

  • provide a contribution and/or cost-sharing for shuttle and/or parking such as on the depot site.

Within the requirements above, certain exceptions may be considered as part of the design review process in order to encourage quality development and the provision of public facilities and amenities only if all relevant permit findings can be made.

3. All new development adjacent to a “CON – Neighborhood Conservation District” overlay zone shall comply with Section 24.10.4060 standards for new construction on sites abutting overlay district boundaries, to ensure compatibility with the established district.

4. If new development on the Main Beach parking lot is incompatible with retention of the historic cottages located on the eastern portion of the site, relocate the cottages to another appropriate site or sites within the city or the county of Santa Cruz (unless deemed infeasible by the city’s chief building official), with preference given to relocating the cottages within the Beach and South of Laurel area.

(Ord. 2007-24 § 2, 2007: Ord. 2006-10 § 2, 2006: Ord. 2002-41 § 1, 2002: Ord. 2000-23 § 2, 2000: Ord. 2000-18 § 8 (part), 2000).

It is the intent of the RTC/PER overlay to encourage comprehensive master planning, following either the Planned Development or Area Plan process outlined in the city Zoning Ordinance. For this reason, all new development in the RTC/PER overlay shall require a pre-application review by city staff prior to submittal of a formal application. The intent is to review proposed plans at the conceptual

stage, thereby enabling city staff to provide feedback on recommended site design elements, compatibility with other existing and planned uses within the RTC/PER overlay, and to identify other land use issues which may arise. Following the preapplication process the applicant shall submit for either an Area Plan or a Planned Development subject to the design criteria listed in the RTC/PER overlay zone, to achieve the desire to accommodate a community-based planning process identified in the Beach and South of Laurel Comprehensive Area Plan.

(Ord. 2000-18 § 8 (part), 2000).

In addition to required Use and design permit findings any development permit, must also meet the following findings. The application:

1. Can be coordinated with existing and proposed development of the surrounding areas, and, if appropriate, particularly addressing the issue of transition to the adjacent RTD, and RTE neighborhoods.

2. Provides an amenity level of the development, the quality of architecture, and the landscaping required by the above standards. (Ord. 2000-18 § 8 (part), 2000).