County Ordinance Updates 11/30/11

• As detailed in our last newsletter, to operate a rental for vacation purposes in Santa Cruz County now requires a Vacation Rental Permit as part of the County’s recently approved Vacation Rental Ordinance. This week marked the deadline to submit for existing vacation rentals in the County. New vacation rental applications will now be the only vacation rental application accepted. The distinction between existing and new is pertinent for those rentals located within the Live Oak Designated Area (LODA), which spans the coast and immediate inland from the Yacht Harbor to 41^st Avenue. The Ordinance enforces percentage caps for the number of permits issued within the LODA, making the approval of new application contingent upon how many permits have already been approved on the property’s block. Now that the November 28 deadline has lapsed for existing rentals, the County will be processing the numbers of approved existing rentals within the LODA to assess which blocks are at/over capacity, and which blocks can still accommodate more vacation rental permits. This information will be released by the County as soon as it is compiled. For questions about the Ordinance, the application process, or to discuss our services regarding vacation rental applications, please contact our office.

 

• The Sixth District Appellate Court ruled in April that the County of Santa Cruz Planning Department’s practice of issuing code violations or “red-tags” has been in violation of state law, which requires a court order or hearing to record red-tags on property titles. As a result of this ruling, red-tags that were issued without a court order or hearing, and do not have an impact on public safety or health, are eligible to be expunged from the parcel’s title- an action that may have significant positive implications for property owners. If the code violation meets these criteria, the County will expunge the re-tag from the Recorder upon request; however, a record of the violation will remain in the County’s computer system. Therefore, if an application is made to the County Planning Department following the expungement, they may require the property owner to resolve the violation before allowing approval of a subsequent application. According to County Staff, if the red tag is expunged, the County is not likely to pursue the violation.  Staff has indicated that it may take between 4-6 weeks to have a violation expunged once the request is received, and there is no fee associated with this process. Expungement of violations may be critical for those trying to buy, sell, or refinance their property.

For the complete SantaCruz.com article on this issue, visit their website here: http://www.santacruz.com/news/2011/09/13/countys_red_tag_habit_deemed_illegal.

The Request for Expungement form can be found here: http://www.sccoplanning.com/pdf/bldg/violationexpungementrecordednotice.pdf.

Please contact us if you have questions about expunging a red-tag.

Hamilton Swift Sums Up 2011

With 2011 coming to a close, a year that has seen its share of economic hardship, we are thankful for the continued opportunity to provide land use planning services to Santa Cruz County and beyond. While 2011 presented some challenges, it also proved to be a year of notable accomplishments for Hamilton Swift & Associates. Here is a round-up of our 2011 high-lights:

• Charlie Eadie travels to New Zealand to aid in disaster planning efforts. After a devastating series of earthquakes in 2010-2011, Christchurch, New Zealand, Charlie flew down-under to volunteer his time and services as a member of an international team invited there to help sort out, evaluate, and strategize about the next steps in their earthquake recovery efforts. Recounting his experience in New Zealand Charlie notes, “It was a humbling honor and privilege to be there to support their efforts and offer encouragement amidst their trauma.” For more information on Charlie’s trip, click HERE.

• John Swift guest lectures at UCSC. John was invited to be a guest lecturer for the Environmental Studies Department of UCSC. His guest lecture series covered topics such as the environmental review process for planning projects. John plans to continue guest lecturing whenever possible, to provide a professional, hands-on perspective on planning for undergraduate students.

• Deidre Hamilton named Honorary Trustee. Deidre was named Honorary Trustee for the Community Foundation of Santa Cruz County where she served for 11 years, the last two as President.

• Marina Hauze completes her Master’s Degree in Urban Planning. After three years enrolled in the Urban and Regional Planning Program at San Jose State University, Marina graduated with a Master of Urban Planning in May 2011. Her studies specifically focused on urban design issues and solutions, as well as green technologies and sustainable building practices. Now with a BA (2006 from UCSD) and an MA in Urban Planning, Marina plans to become certified with the American Institute of Certified Planners (AICP).

• Ian Swift joins Leadership Santa Cruz. Ian was selected to participate in Leadership Santa Cruz, a prestigious leadership training program created by the Santa Cruz Area Chamber of Commerce in 1985. The goal of Leadership Santa Cruz County is to “identify potential and existing leaders in business, government, and the community” and give them the tools necessary to network and thrive. For more information about Leadership Santa Cruz, visit their website at http://leadershipscc.org/.,

• Project Highlights: Improving Infrastructure. While our firm has managed numerous projects of all shapes and sizes over the course of 2011, three projects in particular stand out for their place in improving the infrastructure for specific neighborhoods in Santa Cruz County. Charlie Eadie successfully managed the permit processing, approval, and construction oversight of a new water main for Potbelly BeachRoad in Aptos. Deidre Hamilton and Marina Hauze completed the annexation and sanitation district processing to complete the installation of the sewer line on Pinetree Lane in Aptos to provide the residents with public sewer. John Swift spearheaded a hefty drainage infrastructure project on Bowker Road in Watsonville, alleviating several detrimental flooding issues for several neighborhoods.

Holiday Closures

The County of Santa Cruz Planning Department will be closed December 23, 2011 – January 2, 2012.

The City of Santa Cruz Planning Department will be closed December 16, 2011 – January 2, 2012.

Hamilton Swift & Associates will be closed for the holidays, December 23, 2011 – January 2, 2012.

We wish everyone a warm and joyful holiday season!

Charlie Eadie Travels to New Zealand to Aid in Disaster Planning

Charlie Eadie spent a week in Christchurch, New Zealand, this August where he volunteered his time and services as a member of an international team invited there to help sort out, evaluate, and strategize about the next steps in their earthquake recovery efforts.

Christchurch was hit hard by an unusual series of four earthquake/aftershock events (Sept. 2010, Feb., April, June 2011), resulting in 181 deaths and substantial damage throughout the city. Most devastating was the nearly 120 deaths in February that happened in the collapse of one relatively new building in the central business district, after it had been cleared for re-occupancy. Since that time the central business district has been completely cordoned off, and issues of business resumption and recovery, historic and community character, safety, and long-term economic viability and competitiveness are paramount.

The invited team shared a range of experiences with recovery planning, and with many similarities between Santa Cruz and Christchurch, there was keen interest in understanding the planning and community engagement process of Vision Santa Cruz following the 1989 earthquake here, which Charlie spearheaded.

The seven team members each delivered two public presentations at a conference at the University of Canterbury, interspersed with individual and small group sessions with representatives of the City of Christchurch, the Canterbury Earthquake Recovery Authority, and with community and private sector leaders.

Reflecting on the intensity of the work and the team’s 16-hour days of immersion and interaction, Charlie notes:
“The Christchurch community is running at the frantic pace of the first year of recovery, and wanted to take stock of where they are and see if there are lessons from our experiences that would translate to their situation. Recovery starts as a sprint and ends as a marathon, and they are at a critical moment where decisions to be made now will have lasting effects on the short and long-term success of the recovery. It was a humbling honor and privilege to be there to support their efforts and offer encouragement amidst their trauma.”

Team members included Sir Richard Leese, of Manchester, England, who oversaw recovery of that city following IRA bombings in 1996; Douglas Ahlers of Harvard’s Kennedy School of Government, who has done extensive research in disaster recovery and continues to be directly involved in New Orleans; Kerry O’Neill of Australia who worked with the Victorian Bushfire Reconstruction and Recovery Authority in the social planning efforts for recovery of small towns and the region following the 700 fires in 2009; Kit Miyomoto, an internationally known structural engineer who specializes in advanced and cost-effective performance engineering for retrofit and repair of structures, and who has extensive experience in Haiti and Japan; David Lindsay, the Deputy Minister of Energy and Infrastructure in Ontario, who oversaw a major waterfront restoration project in Toronto; Suzanna Penbroke, a cultural heritage consultant from London, and Sam Martin, an urban landscape design specialist based in London, who is now returning to work in his native Christchurch.

County Vacation Rental Permits Now Required!

We have received many inquiries regarding the pricing of our services to manage and facilitate the Vacation Rental Permit process. We have developed flat fees for this service which are listed in the downloadable form below:

HS Vacation Rental Permit Contract

Remember, you only have a few weeks to get an application submitted to the County to be considered an existing vacation rental.

We look forward to hearing from you!

Hamilton Swift & Associates

 

The County’s enforcement of their recent Vacation Rental Ordinance (Ord. No. 5092) which became effective in July is causing quite a stir in Santa Cruz County. The County has opened up the application process for those applying for existing Vacation Rental Permits for a 90-day window ending on November 28, 2011, after which the application process will change and all vacation rental applications will be considered as new. The Santa Cruz Sentinel reported on the ordinance in their October 8 issue, explaining that the recent changes are leaving many property owners confused and concerned. The process of obtaining a land use permit from the County can be cumbersome, especially for those who are unfamiliar with the jurisdiction’s policies and how they function.

Hamilton Swift staff sat down with County Planner Sheila McDaniels, who is the point person for the implementation of the Ordinance and the processing of applications. The information provided below aims to shed light on the Ordinance and answer some common questions we have received. Please feel free to pass this email along to anyone you feel may find this information useful.

COUNTY OF SANTA CRUZ VACATION RENTAL ORDINANCE (5092)

WHO DOES THIS ORDINANCE AFFECT?

The Vacation Rental Ordinance affects any property owners who own and operate a vacation rental, or plan on owning and operating a vacation rental, within the County of Santa Cruz’s jurisdiction (the areas of the County that are not incorporated into one of the various cities).

WHEN IS THE ORDINANCE EFFECTIVE?

The Ordinance became effective on July 13, 2011. Inside the Live Oak Designated Area (LODA, map provided below), which is a special district within the County’s jurisdiction, only applications for existing vacation rentals are being accepted before November 28, 2011. For all other areas in the County, applications are being accepted for existing and new vacation rentals until November 28. After November 28, all applications for all areas in the County will be considered as new.

WHAT DOES THE ORDINANCE MEAN?

The Ordinance has essentially created land-use regulations for the establishment and operation of vacation rentals in the County. In order for a vacation rental property to operate legally, a permit from the Planning Department must now be obtained.

Vacation rental properties in operation prior to April 5, 2011 are considered existing vacation rentals. Those established after April 5, 2011 are considered new vacation rentals. Proof of operation prior to April 5, 2011 can be demonstrated by a Transient Occupancy Tax (TOT) certificate from the County Treasurer/Tax Collector, sales receipt, or other acceptable means. Don’t have a certificate or haven’t paid your TOTs? See more below.

The location of a vacation rental property is highly significant as the Ordinance specifics are location-based. Properties located within the Live Oak Designated Area (LODA) are subject to caps on the number of vacation rentals the County will permit. Additionally, the County is accepting applications in the LODA for existing rentals only during the August 29 – November 28 period. New applications for vacation rentals in the LODA area can be applied for after November 28, but may not be approved depending on how many vacation rentals are in the surrounding area. Outside the LODA, the County is accepting applications for new and existing rentals before November 28 and there are no caps on the number of vacation rentals allowed.

To be considered as an existing vacation rental, an application must be made before November 28, 2011.

 

WHAT IF I HAVEN’T BEEN PAYING TRANSIENT OCCUPANCY TAXES (TOTs)?

You can still apply as an existing vacation rental if you haven’t paid your TOTs. The County Treasurer will require you to pay your TOTs retroactively, covering the past three years. Depending on the circumstance and reason for unpaid taxes, penalties and interest may apply to the taxes due. The County Tax Collector is actively pursuing the collection of TOTs in conjunction with the new Ordinance.

WHAT IS REQUIRED TO OBTAIN A PERMIT?

The vacation rental permits will be processed administratively, which means a public hearing is not required. Application requirements include, but are not limited to:

• Completed application form, available at the County or here: http://www.sccoplanning.com/html/policy/vacation_rental_appinfo.html
• One set of plans, including site plan and floor plan, to scale
• Copy of rental/lease agreement
• Proof of operation prior to April 5, 2011 (existing rentals only)
• Proof of TOT payment
• Fee: $289.32 for existing rentals; $441.32 for new rentals. Fees are charged per unit.

The County has specific information which must be demonstrated or included in the items listed above, including (but not limited to) specific parking requirements, occupancy calculations, and how to deal with unpermitted work. Feel free to contact our office to find out more about what is required, and how Hamilton Swift may be able to facilitate your application process.

WHAT IF I WANT ASSISTANCE OR HAVE MORE QUESTIONS?

If you are unclear on the requirements, are looking to hire someone to draw your plans, or would like to have someone else prepare and submit your application altogether, we are here to help! Hamilton Swift specializes in managing the preparation, processing, and management of any and all types of land-use applications. We also have a draftsman on staff for plan preparation needs.

For our pricing information and to request our services, please download the following form:

HS Vacation Rental Permit Contract

Please feel free to contact our office if you have any questions about this Ordinance and/or would like assistance with fulfilling the new requirements.

Live Oak Designated Area (LODA). Source: County of Santa Cruz, 2011.

Click map for larger image.

Important County of Santa Cruz Policy Changes

Under the guidance of Planning Director Kathy Molloy-Previsich, the County is undergoing several policy change processes and they want your input! In an effort to both clarify and enhance the County Ordinance, the County will be holding several Community Meetings and Hearings in the coming months regarding policy changes to the Non-Conforming Uses section, and use changes and development standard changes for Commercial Zoning Districts.

Non-Conforming Policies

Non-conforming uses and structures are a hot topic in Santa Cruz. In a nutshell, a non-conforming use is an existing legal use that is not currently permitted under the General Plan Designation and/or Zoning District in which it’s operating. Similarly, a non-conforming structure is a structure that was built legally, but does not conform to the parcels development standards (setbacks, height, etc). Non-conforming uses and structures can present challenges in Land Use Planning, and owning, modifying, selling, and maintaining them can be an even bigger challenging. In order to better address how these structures and uses function in the existing General Plan Land Use Designation and Zoning District fabric, the County is proposing policy changes to the non-conforming section of the County Code. The reasons for the proposed changes, as discussed in a County Focus Group, attended to by Hamilton Swift Principal, Deidre Hamilton, include:

• Existing regulations are more restrictive than the General Plan
• Regulations do not recognize the fact that nonconforming structures retain value over time
• “Altered wall” approach to measuring repairs and modifications is difficult to implement and ineffective
• Limitations on reconstruction after a catastrophic event, with variance required for extensive alterations, is burdensome to property owners
• Regulations force property owners to retain the nonconforming portion of the existing construction

Specifically, the changes aim to simplify regulations by providing a more uniform approach for residential, commercial, and agricultural uses; eliminating the category of significantly non-conforming uses; and providing more flexibility for commercial non-conforming uses. Some key proposed changes to the ordinance discussed at the Focus Group include:

• Eliminating “significantly” non-conforming as a category
• Replacing the “altered wall” approach for remodeling non-conforming structures with a new method
• Reducing the level of review (and cost) for permits on non-conforming structures
• Allowing structural alterations to non-conforming commercial uses
• Making it less costly and complicated to expand or change a non-conforming use
• Allowing non-conforming structures to be vacant for a longer period of time before losing their non-conforming status

These and other draft changes to the ordinance are slated to be released the week of September 6. Upcoming meetings regarding the changes are listed below.

Commercial Related Policies

Commercial uses are important for the County as they provide a source of tax revenue and contribute to the diverse and growing commerce and patronage sector of our community. In order to facilitate the process for which commercial spaces change hands and new businesses get established, the County is considering revising their policies regarding Commercial Change-of-Use processes (tenant changes in an existing commercial space), as well as development standards for Commercial Zoning Districts. Proposed key changes discussed at the Focus Group include:

• New parking required only for intensification of uses, not the entire area of use
• Reduced parking requirements for medical, retail, and office uses
• Allow Level 1 “Change-of-Use” approval in all Town Plan, Village Plan, and Specific Plan areas
• Reduce the change-of-use approval requirements in commercial areas by reducing the level of review

The draft changes to the ordinance are still underway and will be available the week of September 6.

If you have a non-conforming use or structure, a parcel or project in a Commercial Zone, or are simply interested in the subject matter, the following meetings will be your opportunity to have your voice heard:

• Community Workshop held at a Planning Commission Meeting, September 14, 2011
• Status Report to the Board of Supervisors, September 20, 2011

According to County Principal Planner Paia Lavine, the Department is still in the process of composing the draft ordinance changes, which should be available to the public on the week of September 6, prior to the Community Workshop/Planning Commission Meeting. The Department held a focus group meeting on August 2, 2011 regarding the changes and soliciting input from local professionals and participants in the Land Use sector. Hamilton Swift Principal Deidre Hamilton was in attendance, and the ample feedback received from this focus group is being incorporated into the revisions to the draft ordinances.

Minor Land Division Application Requirements

Another change that has just recently taken place is a modification in the application requirements for Minor Land Divisions (MLDs). In the past, the County has required that building plans be submitted with MLD applications, to ensure that the design intentions for the project are reviewed and approved with the MLD. In recognition of mounting project cost and improving application efficiency, the County is removing the requirement for building plans for MLD applications, and is instead requiring a “Design Statement” outlining the intentions for project design. According to Principal Planner Paia Lavine, the changes are effective immediately and do not require Board approval or codification.

For more information on these policy changes, or to inquire about recent updates to County policy, please feel free to contact our office.

City of Santa Cruz Rental Inspections

Notifications are arriving in mailboxes—what it means for you and what you can expect

Santa Cruz is a city full of renters. According to the 2010 Census Data, the City of Santa Cruz boasts a significant 57% of renter occupied housing, while the statewide average is 44%. A combination of high cost of living, high housing costs, older housing stock, and large rental demand has produced a vibrant and often competitive rental market in Santa Cruz.

As many Santa Cruz residents are aware, in October 2010 the City of Santa Cruz officially adopted the new Residential Rental Inspection Program in an attempt to ensure a safe and healthy rental stock.  The program requires all property owners with rental units within the City’s jurisdiction to register their rentals and become Residential Rental Certified.  This program has been met with varying public reactions: some supportive, and others contentious. Nonetheless, the program is forging forward and all property owners of rental properties in the City’s jurisdiction should do their best to understand the implications of the program.

Under the new program, rental property owners will receive notification to register their properties in the mail.  For the majority of property owners, this letter will give an option for either self-certification or City inspector certification.  Owners who opt to self-certify will have 20% of their total rental units per property inspected once every five years (for properties with three units or less, one unit will be inspected).  Properties with code enforcement cases within the past three years or with current code enforcement actions will be required to register for city inspections and will not be able to self-certify.  To view samples of the above mentioned documents, please visit:  www.cityofsantacruz.com/index.aspx?page=1664

Registration will be taking place incrementally over the next year, with the City sending out letters to property owners with active or recent (with a three year period) code enforcement cases first.  Alex Khoury of the Planning and Community Development Department indicated the City began sending letters to property owners the week of August 15^th.  Registration is NOT required until the property owner receives a letter from the City indicating that they are being brought into the Rental Inspection Program.

We asked Mr. Khoury how the City will be identifying properties (and their owners) as rental properties.  He states that they will be looking at many factors including whether a property is owner-occupied or not,  or whether the property has multiple addresses.

Once a letter from the City is received by the property owner and the appropriate registration documents returned to the City, City staff will review the documents and prepare an invoice for the fees that are due.  This invoice will be sent out along with the self-certification checklist (for eligible property owners) or a City Inspections will be scheduled (for properties ineligible for self-certification).  A maximum of 20% of the units per property owned by a self-certified registrant or all of the units with code enforcement actions will be inspected.  If the property passes inspection, the owner will receive a Residential Rental Certificate.  If the property fails the inspection for any reason and the failing issue(s) will have to be remedied and a new inspection scheduled.   It should be noted that per Alex Khoury, inspections for self-certified registered properties will not begin until 2014.

The City is aware that many residents may have concerns or confusion about this process.  To help remedy this, the City will be offering informational workshops throughout the years to come.  The dates and locations of these workshops will be included in the information packet received by the property owner.  The first two meetings are scheduled to take place in the Police Community Room (155 Center St., Santa Cruz) on October 28^th and November 30^th, 2011.  These workshops have been designed for property owners who are seeking advice on how to fill out the forms, for the tenant who may have questions or concerns about the process or what the registration certification will mean to them, and also to answer questions neighbors of rental properties, property managers or other professionals may have about the program overall.

For a copy of the new ordinance in its entirety, please visit: http://www.cityofsantacruz.com/Modules/ShowDocument.aspx?documentid=16693

Please feel free to contact Hamilton Swift & Associates if you have questions about your Santa Cruz property and what this new ordinance could mean to you and your tenants.

This information is based on various sources, such as the City of Santa Cruz staff and website.  Hamilton Swift is not responsible for any errors or changes in information provided by the various sources.

State Mandated Tentative Map Extensions – AB 208

As with many industries, the land use and development sectors have experienced the harsh effects of a down economy. Many approved projects in Santa Cruz County have remained stagnant, unfunded, and/or vacant once built, equating to significant losses for developers. The oftentimes challenging nature of obtaining approvals and permits for development from the various local jurisdictions in Santa Cruz County creates an additional layer of liability for the developer, as permit expiration dates draw nearer.

In recognition of this hardship, Governor Jerry Brown signed Assembly Bill 208 (AB 208) on July 13, 2011, which extends the expiration date of tentative maps by 24 months (2 years), so long as the tentative map was valid on July 15, 2011, and was scheduled to expire prior to January 1, 2014. The Bill, which is effective immediately, explains that the reasoning behind the Bill is to “permit cities and counties to preserve development applications that are set to expire and that cannot be processed presently due to prevailing adverse economic conditions in the construction industry” (AB 208, Govt. Code 66452.23). The extension is in addition to any other extension granted by past legislation. AB 333, which was passed in 2009, is the most recent preceding extension policy, which granted a 6-year extension to tentative maps that were due to expire before January 2016.

Additionally, AB 208 provides a 2-year extension of approvals from any State agency that pertains to a development project included in a tentative map which is eligible for extension. Such agencies include the California Coastal Commission and the California Department of Fish and Game. For example, if an AB 208 eligible tentative map project has an approved Coastal Development permit, the Coastal permit is also eligible for extension.

County of Santa Cruz Engineering Associate, Kate Cassera, explained that since AB 208 is a state law, all local jurisdictions are required to honor the granted extension and it is effective immediately. Although the law does not mandate that local jurisdictions extend the local-level permits and approvals associated with eligible tentative maps, both the County of Santa Cruz and the City of Santa Cruz have policies that convey the extension to local approvals:

“…Any Development Permit or other regulatory approval by any agency of the County of Santa Cruz that pertains to a development project included in a tentative subdivision map that is extended pursuant to Government Code Section 66452 shall be extended for the same period that the tentative map is extended” (County Code 18.10.133)

            and

“Any permit issued in conjunction with a project that has had its tentative subdivision map or parcel map extended pursuant to the provision of the California Subdivision Map Act, shall have its associated land use permits automatically extended for a period coextensive to any extension of the tentative subdivision map or parcel map” (City Code 24.04.160)

There are, however, other stipulations in AB 208 which developers may find problematic. The Permit Streamlining Act prohibits a local agency from requiring a developer to meet all of the conditions associated with their tentative map approval within the first 5-years of map recordation. In other words, within the 5-years following map recordation, a local jurisdiction cannot require a developer to meet all of their conditions as a requirement for obtaining building permits. AB 208 reduces the 5-year period to 3-years, and allows cities and counties to impose new local fees upon building permit issuance. Therefore, after 3-years have lapsed since map recordation, a local jurisdiction can require that all conditions associated with a tentative map are met before other permits are issued.

For additional information on AB 208 and to read the Bill, please visit:

http://www.leginfo.ca.gov/pub/11-12/bill/asm/ab_0201-0250/ab_208_bill_20110715_chaptered.pdf

For additional information on the previous extension legislation, AB 333, please visit:

ftp://leginfo.public.ca.gov/pub/09-10/bill/asm/ab_0301-0350/ab_333_bill_20090218_introduced.pdf

If you’re interested in understanding AB 208 in greater detail, or to find out if your tentative map qualifies for the extension, please feel free to contact our office.

CALGreen Policies: City of Santa Cruz & Santa Cruz County

Curious about CALGreen and how the policies are being implemented in Santa Cruz County and the City of Santa Cruz?

The California Green Building Standards Code, known as “CALGreen”, became effective in January 2011 as part of the 2010 California Building Standards Code, and applies to all local jurisdictions in the State of California. CALGreen’s mandatory measures establish a minimum for green construction practices, including requirements such as reducing water consumption, increasing the recycling of construction waste, and mandating the installation of non-toxic building materials. CALGreen pertains to both residential and commercial projects, and includes a wide range of changes made to the Building Code.

Notable mandatory measures for residential projects include, but are not limited to:

• 20% reduction of indoor water use, achieved by low-flow fixtures (applies to the bathroom only)
• 50% recycling requirement for non-hazardous construction waste and debris
• Submittal of a waste management plan
• Irrigation controller requirements, to automatically control landscape irrigation
• Finish material pollutant control (VOC limits for paints, carpets, flooring, adhesives and other construction materials).
• Preparation of a building operations and maintenance manual

According to the Building Standards Commission (BSC), compliance with the mandatory measures for residential projects is only expected to raise the cost of residential construction by $0.75-1.00 per square foot. CALGreen requires that all local jurisdictions enforce the mandatory level of measures. Additional measures can be made mandatory by local jurisdictions to increase energy efficiency. The County of Santa Cruz and the City of Santa Cruz have filed amendments to make additional measures mandatory, a process that is expected to be ongoing and should be closely observed for updates.

For commercial projects, the requirements are slightly different. Mandatory measures include items such as bicycle parking and light pollution reduction. New commercial projects also require a commissioning component, which is quite detailed for projects over 10,000 square feet. In order to ensure compliance with CALGreen and understand its implications on commercial projects, it is highly recommended to consider CALGreen policies in the preliminary stages of the project planning process and get an architect involved early who is well versed on CALGreen compliance.

In addition to attending a CALGreen seminar in April, Hamilton Swift Staff talked with County Chief Building Official Tony Falcone, and new Santa Cruz City Building Official Mark Ellis, on how Santa Cruz County and the City of Santa Cruz are implementing CALGreen policies and their plans for increasing requirements in the future. The details of this discussion are offered below.

COUNTY OF SANTA CRUZ

CALGreen & Santa Cruz County, In-a-Nutshell: Q&A with Head County Building Official Tony Falcone:

• CalGreen only applies to new residential development (ground-up) and new commercial projects, unless a local jurisdiction extends CALGreen policies to other types of projects. Has the County added a stipulation regarding remodels/residential additions?

Yes, [the County has extended policies to other residential projects] and CalGreen compliance must be met for residential additions of 500 square feet or greater. In addition, for all remodels insulation meeting the mandatory feature requirements in the Energy Code shall be installed at ceilings, walls, floors and water pipes, when these areas are exposed during remodeling, and new appliances installed as part of any remodel, addition or new construction shall be Energy Star rated. 

• How will the County verify compliance with CalGreen (3^rd party, County staff, etc)?

The Building Inspectors will be verifying compliance with CalGreen during plan check and the building inspection process. The County will not be using a 3^rd party or installer verification system.

• Does the County require a green building checklist on the plans?

No; instead CalGreen elements are to be incorporated into the plans, and a note must be supplied on the cover sheet which indicates where CalGreen requirements can be found in the plans.

• Has the County filed any amendments to the Code for their jurisdiction?

Yes, in December 2010. [A link to the amendment language can be found here: http://www.documents.dgs.ca.gov/bsc/ordinances/2010/SantaCruzCo.pdf].

• Are any other green building programs integrated into the County policy (LEED, BIG, etc)?

Not at this time.

• Did the County adopt any Tier 1 measures (voluntary requirements which increase efficiency by 15% greater than the mandatory measures) or Tier 2 measures (voluntary requirements which increase efficiency by 30% greater than mandatory measures), or just the mandatory requirements?

Just the mandatory elements, plus the items mentioned above [CALGreen compliance for additions and remodels].  In the future we will be expanding to include Tier 1 and later Tier 2 requirements.

• Are there any additional forms or documents required for building permits pertaining to CalGreen?

No.

• For commercial projects, CalGreen requires that only the improvements made by the first tenant (TI) comply with CalGreen. Is this the County’s stance as well?

Yes.

• Did the County adopt the requirement for a % of low-emission vehicle parking spaces for commercial projects?

No.

CITY OF SANTA CRUZ

CALGreen & the City of Santa Cruz, In-a-Nutshell: Discussion with Head City Building Official Mark Ellis

There’s a new Building Official in the City of Santa Cruz, and Hamilton Swift & Associates welcomes Mark Ellis to our community. We spoke with Mr. Ellis about CALGreen and how the City plans to implement the new policies. The City of Santa Cruz, which was one of the first local jurisdictions in the nation to adopt a mandatory green building program in 2008, has found that they do not need to change their policies much in the wake of CALGreen. Mr. Ellis enthusiastically spoke of the City’s Green Building Program, which already incorporates a majority of the CALGreen mandatory policies. Therefore, the City plans to continue to enforce their point-based Green Building Program, where applicants will automatically comply with CALGreen if they comply with the City’s standards.

Contrary to how the County is implementing the new policies, the City will still require a point-based checklist, where a certain number of points must be achieved in order to receive a building permit. Implementing additional green measures into your project can earn you points to receive accelerated building permit processing, or one of the City’s prestigious Green Building Awards. For a detailed breakdown of the City’s point system, visit this document: http://www.cityofsantacruz.com/Modules/ShowDocument.aspx?documentid=3639

The City has also hired a new consultant to help them further develop their Green Building Program. For additional information regarding the City’s Green Building Program, please visit: http://www.cityofsantacruz.com/index.aspx?page=1177.

To access the 2010 CALGreen Code and for more information, please visit the Building Standards Commission website at: http://www.bsc.ca.gov/default.htm.

Please feel free to contact Hamilton Swift & Associates if you have questions about the new policies and how they may apply to your current and/or future projects!

This information is based on various sources, such as the Building Standards Commission, Green Technology, the County of Santa Cruz, and the City of Santa Cruz. Hamilton Swift is not responsible for any errors or changes in information provided by the various sources.

Introducing a New Hamilton Swift & Associates Service: PPPR Coming Soon!

Hamilton Swift introduces the “Preliminary Property Profile Report (PPPR)”, a service that will provide a breadth of existing and past information about your parcel, a client’s parcel, or a parcel you are trying to buy/sell! For a simple flat fee, you will receive an informative document that details the jurisdictional regulations, applicable mapped resources, development standards, permit history, and a preliminary development analysis.

WHAT IS IT?

The PPPR is a preliminary property land use report which provides comprehensive information on the existing conditions of a parcel. We will be offering this service for a flat fee, starting for parcels within the jurisdiction of the County of Santa Cruz, and extending to the City of Santa Cruz soon after.

WHO WOULD BENEFIT FROM A PPPR?

Land use professionals, realtors, appraisers, title companies, lenders, responsible property owners, prudent buyers, proactive sellers, and basically any individual who is interested in knowing more about a parcel.

WHY IS A PPPR USEFUL?

A PPPR provides a thorough profile of a property’s characteristics, which could be highly useful for:

• Disclosures of land or permit issues
• Identifying property resources and environmental constraints
• Saving time! Let us do the footwork for you.

The PPPR service is also cost effective and provides a quick turnaround. Hamilton Swift also provides a brief, preliminary expert analysis of potential land use issues and/or development opportunities which can be investigated further by our staff if desired.

See below for an inventory of what the report contains.

Please contact our office if you think a PPPR may be of use to you, or if you would like to request a sample PPPR. We look forward to discussing your project.

PPPR Information Inventory