Part 3 Chapter 4 - Zoning Districts and Permitted Uses Part 3 Chapter 6
Performance Standards for the Grasslands Zoning District

Part III - NE Santa Cruz County Development Code

Chapter Five - Performance Standards for Development Review

This chapter explains the nature of the performance standards that are used as a basis for the review of Class I and Class II permit applications. The performance standards appear in Chapters 6 and 7.

V.A. Absolute Performance Standard. Absolute performance standards require or prohibit certain kinds of performance in developments. Failure to comply with any absolute performance standard shall result in rejection of the application for a permit, except as provided by V.B.

V.B. Absolute Performance Standards: Variance. The only exceptions to the requirement for compliance with all absolute performance standards shall be those specifically provided in this ordinance and those allowed by variance. The variance procedure and criteria for review of variances are explained in III.O.

V.C. Relative Performance Standards. Relative performance standards address complex issues for which absolute standards are inappropriate. They encourage or discourage certain kinds of performance in developments through the use of the point-scoring system described here.

  1. Importance Factors. Every relative performance standard has an importance factor. Importance factors range from "1" to "5" in whole numbers and reflect the importance of the performance standard to which they are assigned in implementing the comprehensive plan and in comparison with the other relative performance standards. An importance factor of "1" is assigned to the least important relative performance standards and an importance factor of "5" to the most important. Importance factors may be changed by amendment of this ordinance only.
  2. Point Assignment. Point assignment provides a systematic technique for assessing the implementation of the relative performance standards. A positive point assignment reflects the successful implementation of a relative performance standard. A negative point assignment reflects a failure to implement a relative performance standard. Points will be assigned, in whole numbers only, to each development on the basis of its performance on each relative performance standard using these guidelines:
    1. -2 points shall be assigned where there is essentially no effort to implement the performance standard and that failure would result in significant incompatibility with neighboring uses, loss of open space, lack of infrastructure, or other negative perf ormance, as defined by this ordinance;
    2. -1 points shall be assigned where an inadequate attempt to implement the performance standard, or where failure to implement the performance standard would result in minor incompatibility with neighboring uses, loss of open space, lack of infrastructure, or other negative performance, as defined by this ordinance;
    3. 0 points shall be assigned where the performance standard is not relevant OR where there is minimally adequate implementation of the performance standard, but the developer makes no significant investment in designing for compatibility with neighboring uses, the provision of open space, the provision of infrastructure, or other positive performance, as defined by this ordinance;
    4. +1 points shall be assigned where there is a successful effort to implement the performance standard, as evidenced by a modest investment in designing for compatibility with neighboring uses, the provision of open space, the provision of infrastructure, or other positive performance, as defined by this ordinance;
    5. +2 points shall be assigned where there is an outstanding effort to implement the performance standard, involving a major investment in designing for compatibility with neighboring uses, land devoted to open space, the provision of infrastructure, or ot her positive performance, as defined by this ordinance;
    6. Relative performance standards may be designed to use the full point range described here or strictly to discourage (using only negative point assignments) or encourage (using only positive point assignments) certain kinds of performance.
  3. Score. For each relative performance standard, the importance factor is multiplied by the points assigned to obtain a score.
  4. Cumulative Score. Scores on individual relative performance standards are summed to yield a cumulative score. If the cumulative score is not "0" or greater, the application for a permit shall be disapproved. The cumulative score is also used in assessing whether the proposed density of the development can be approved. See VI.HH, VI.BB, and VI.CC.

Discretion in the Performance Approach to Zoning

This is not regulatory language. It is here because people who are not familiar with this approach to zoning are sometimes alarmed by the "discretion" involved in making point assignments. In fact, this approach was specifically developed in response to the essentially unlimited and undisciplined discretion that characterizes conventional zoning in most jurisdictions.

Where conventional zoning is used, significant land use changes or developments are usually the result of zoning map amendments, which involve tremendous discretion. There are procedural requirements (as in §11-829, ARS), but it is virtually impossible to find a zoning ordinance that includes substantive criteria for zoning map amendments. If it is sufficiently specific, a community's comprehensive plan will provide some guidance for zoning map amendments, but most comprehensive plans offer only vague guidelines.

The lack of guidance for local officials who act on requests for zoning map amendments often leads to decisions based on an informal and mostly invisible series of tradeoffs. The public is left guessing what role its comment on various issues played or what rules are actually being followed. Did the planning commission really consider the possibility of runoff into nearby wetlands? What weight did the decision makers give a vague comprehensive plan policy on "adequate" road capacity? These questions multiply and frequently lead people to conclude that "all that matters is who you know."

The application of a uniform set of performance standards and the point-scoring system adopted here involves less discretion than conventional zoning decisions. Instead of only an overall "yes" or "no," the public will see exactly how and why the responsible officials have approved or rejected a permit. The performance standards checklists will provide a systematic and accessible way of organizing the development review and hearing process.



Part 3 Chapter 4 - Zoning Districts and Permitted Uses Part 3 Chapter 6
Performance Standards for the Grasslands Zoning District
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