Santa Cruz Municipal Code 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:

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).

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 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.

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

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.

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 site-specific 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 vegetation 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:[Figure]

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:[Figure]

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).

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:

(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.

(Ord. 2006-02 § 4 (part), 2006: Ord. 94-33 § 66, 1994: Ord. 85-05 § 1 (part), 1985).

1. Applicability. An erosion control plan shall be required for all projects located within, or adjacent to, erosion hazard areas as designated in Maps EQ-6 and EQ-7 in the Environmental Quality Element of the General Plan. An erosion control plan, as defined in subsection (3), of this section, shall also be required for development proposals on slopes in excess of ten percent for all major development proposals and for all development adjacent to streams and wetland areas. When required, an erosion control plan shall be prepared in accordance with subsection (4) of this section.

2. General Provisions.

a. Measures shall be employed during construction phases to protect exposed soils from erosion.

b. Site development shall be fitted to the topography and soil so as to create the least potential for erosion.

c. Vegetation removal shall be limited to that amount necessary and as indicated on approved erosion control plans.

d. As the permanent vegetation cover is maturing, temporary vegetation, sufficient to stabilize the soil, shall be established on all disturbed areas as needed and as each stage of grading is completed. New planting shall be protected by using jute netting, mulching, fertilizing, and irrigation.

e. The applicant shall replace destroyed vegetation and trees planned and approved for retention. Protection of tree crowns and root zones shall be required for all trees planned for retention.

f. Land shall be developed in increments of workable size which can be completed in a single construction season. Erosion and sediment control measures shall be coordinated with a sequence of grading, development, and construction operations. Erosion control measures shall be put into effect prior to the commencement of the next inclement period.

g. All on-site erosion-control facilities, both temporary and permanent, shall be properly maintained by the owners so that they do not become nuisances with stagnant water, odors, insect breeding, heavy algae growth, debris, and/or safety hazards.

h. Prior to final planning department clearance for occupancy of the development project, all approved permanent erosion control measures shall be installed.

i. In the Coastal Zone grading periods shall be consistent with LUP Policy EQ 3.1.2.1. (page 64).

3. Erosion Control Plan. For major development proposals as defined below, the erosion control plan shall be prepared by a registered civil engineer, professional forester, qualified soil scientist or other qualified erosion control specialist. Major proposals include, but are not limited to:

a. Residential development with four or more units;

b. Grading in excess of one thousand cubic yards;

c. Nonresidential development with floor area greater than ten thousand square feet, when constructed on slopes in excess of ten percent; or

d. Additions to residential, commercial, or industrial developments when constructed on slopes in excess of ten percent;

e. Any development within an erosion hazard area as identified in Map EQ-6 of the Environmental Quality Element or the Local Coastal Program.

4. Contents and Preparation. Two sets of erosion-control plans shall be submitted for each application. The plans shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed. Erosion control plans shall include the following information:

a. Location and assessor’s parcel number of the proposed site.

b. North arrow, scale, and the name and location of the nearest public road intersection.

c. Existing contours of the site, as well as finished contours to be achieved by grading. Contours shall be at two-foot intervals for ground slope areas of twenty percent or less; and/or at five-foot intervals for ground slope areas of more than twenty percent. Such contours shall relate to the bench mark system established by the city engineer.

d. Detailed plans of all surface and subsurface drainage devices, dams, and other erosion control measures to be constructed with, or as a part of, the proposed work.

e. Delineation of areas to be cleared during development activities.

f. Vegetation proposed for all surfaces exposed or expected to be exposed during development activities, including cut-and-fill slopes.

g. Approximate location and drip line of existing trees or tree stands with an eight-inch or greater trunk caliper. Any trees proposed to be removed shall be so designated.

h. Name and address of owner.

i. Name, address, professional status, license number, if applicable, and phone number of the person who prepared the plan.

5. Exceptions. Applications for activities where no land disturbance is anticipated may be accompanied by a statement to that effect, for planning director approval, in lieu of an erosion control plan. Such activities may include, but are not limited to:

a. Change of use where there would be no expansion of land-disturbing activities.

b. Construction within an existing structure.

(Ord. 94-33 § 67, 1994: Ord. 85-05 § 1 (part), 1985).

1. Applicability. This section shall apply to project sites within areas identified as having potential for liquefaction as designated in the Safety Element of the General Plan (Map S-6).

2. Requirements. A site-specific investigation prepared by a qualified professional shall be conducted for new residential developments of more than four units, new commercial, industrial, public, and quasi-public structures proposed for construction in areas defined in subsection (1) herein. This investigation shall assess the degree of potential for liquefaction and/or seismic disturbance and shall suggest mitigation measures.

In addition, in the Coastal Zone seismic hazard areas a site-specific investigation shall be prepared for all habitable structures.

3. Action. When reviewing projects located in designated liquefaction areas, the zoning administrator or board shall find that appropriate mitigation measures from the required site investigation report have been incorporated into the design of the project. Further, if the zoning administrator or board finds that proposed mitigation measures, including engineering techniques, cannot reduce identified hazards to acceptable risk levels, then the location of the proposed project shall be modified and/or the project disapproved.

(Ord. 94-33 § 68, 1994: Ord. 85-05 § 1 (part), 1985).

1. Applicability. The provisions of this section shall apply to Wildlife Habitat Areas and Plant Communities identified in Maps EQ-8 and EQ-9 of the Environmental Quality Element of the General Plan and Coastal Land Use Plan or as designated as part of an environmental review process.

2. Precise Boundaries of Designated Areas. Except for areas defined by the City-wide Creeks and Wetlands Management Plan, the precise boundary of areas identified in subsection (1), above shall be determined on a case-by-case basis by a biologist with relevant academic training and experience in instances of uncertainty.

3. Wildlife Habitats and Plant Communities. Construction, grading or removal of vegetation shall be permitted within wildlife habitats and plant communities where:

a. The development or project is in conformance with Section 24.08.2100 and with the policies of the City-wide Creeks and Management Plan.

b. Existing vegetation is preserved to the maximum extent possible;

c. The integrity of the area as a habitat is not compromised;

d. Landscaping is designed to provide a natural buffer and provide native food-bearing plant species to the greatest extent feasible;

e. Protected species under the federal Endangered Species Act, the California Endangered Species Act, and the California Native Plant Protection Act are not present or jurisdictional permits from the appropriate state or federal agency have been received for their removal.

4. Preservation of Vegetation. In conjunction with any of the above-listed uses, the following shall apply with regard to the preservation of existing vegetation:

a. Removal or planting of vegetation shall be in conformance with Section 24.08.2100 and with the policies of the City-wide Creeks and Wetlands Management Plan.

b. Existing vegetation shall be preserved to the maximum extent possible.

c. Existing trees or tree stands located on a site for which a discretionary permit is required shall not be removed until such a permit is approved by the decision-making body.

d. Trees subject to the Heritage Tree Ordinance and other trees designated for protection by a development proposal shall be protected through the use of barricades or other appropriate methods during the construction phases.

e. Landscaping, grading and building design shall ensure ongoing viability of remaining vegetation.

f. Wherever removal of vegetation is necessitated by any of the above uses, replacement vegetation of an equivalent kind, quality and quantity shall be provided.

(Ord. 2006-02 § 4 (part), 2006: Ord. 94-33 § 69, 1994: Ord. 88-55 § 1, 1988: Ord. 85-05 § 1 (part), 1985).

Development within groundwater recharge areas identified by Map EQ-2 in the Environmental Quality Element of the General Plan shall be planned to minimize adverse environmental impacts. Structures and other impervious surfaces constructed in the R-1, R-L, and R-M Zoning Districts shall not cover more than fifty-five percent of the project site.

(Ord. 94-33 § 70, 1994: Ord. 85-05 § 1 (part), 1985).