SS2 - Fractional Homeownership Update — Newport Beach City Council, September 13, 2022 (part 2 of 3)

Warehousing, Wholesaling
and Distribution
UP
RECREATION, EDUCATION, and PUBLIC ASSEMBLY USES
Clubs, Lodges and Private
Meeting Halls
—
UP
Community Centers
UP
UP
Health/Fitness Facilities
P
UP
Indoor
Amusement/Entertainment
Facilities
UP
UP
Libraries and Museums
P
P
Nightclubs and Bars
UP
UP
Outdoor Commercial
Recreation
UP
UP
Religious Facilities
P
—
Schools — Specialized
Education and Training
UP
UP
Studios for Art, Dance, Music,
Photography, Etc.

P
UP
Theaters and Auditoriums
UP
UP
RESIDENTIAL USES (4)
Emergency Shelters
UP
UP
SMC 19.50.033
Live/Work Facilities
UP
UP
SMC 19.50.050
Multi -family Dwelling (Four or
fewer units)
UP
UP
Multi -family Dwelling (Five or
more units)
UP
UP
Personal Indoor Cannabis
Cultivation (7)
P
P
SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (7)
P
P
SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Single Room Occupancy
Housing
UP
—
Supportive Housing
UP
UP
Transitional Housing
UP
UP
RETAIL TRADE (3)
Accessory Retail Uses
P
P
Adult Business
UP
—
Ord. Title 19 SMC 2022

Page 5 of 14 ends

Art, Antique, Collectible and
Gift Sales
P
P
Artisan Shops
P
UP
Auto and Vehicle
Sales/Rental
UP
—
Building Material Stores
UP
UP
Commercial Cannabis Activities (8):

SMC Chapter 5.36
Manufacturing
UP
—
Non -store front retail
UP
—
Store -front retail
UP
—
Testing laboratory
UP
—
Drive -In and Drive Through
Sales
UP
—
Furniture, Furnishings and
Equipment Stores
P
P
General Retail
P
P
Grocery Store
P
P
Music Venue
L
L
SMC Chapter 5.34
Outdoor Retail Sales and
Activities
UP
UP
Plant Nurseries and Garden
Supply Stores
P
P
Restaurant
UP
UP
Second Hand Stores
P
P
Shopping Center
UP
UP
Special Event Venue (6)
UP
UP
Wine Tasting Facilities/Wine
Bars
WTUP
WTUP
SMC 19.50.120
Tap Rooms
UP
UP
SMC 19.50.130

SERVICES
Banks and Financial Services
P
P
Bed and Breakfast Inns
(B&Bs)
UP
UP
SMC 19.50.030
Business Support Services
P
UP
Child Day Care Facilities
P
P
Drive -In and Drive -Through
Services
UP
—
Equipment Rental
UP
—
Governmental and Public
Facilities
P
P
Ord. Title 19 SMC 2022

Page 6 of 14 ends

Hotel or Motel
UP
UP
Medical Services — Clinics,
Offices, Laboratories
UP
UP
Medical Services — Hospitals
UP
UP
Mortuaries and Funeral
Homes
UP
—
Offices, Professional and
Administrative
P
UP
Personal Services
P
P
Storage — Outdoor
UP
—
Storage — Personal Storage
Facility (Mini -Storage)
UP
—
Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Time-shares
—
—
SMC

19.50.140
Auto Parts Sales
P
—
Vacation Rental
—
—
SMC 19.50.110
Vehicle Services, Car
Washes
UP
—
Vehicle Services, Repair and
Maintenance
UP
—
Vehicle Services, Service
Station
UP
—
SMC 19.50.100
Repair Services, for
Consumer Products
P
UP

SPECIAL CIRCUMSTANCES COMMERCIAL DEVELOPMENT
Commercial Development,
Large
UP
UP
Chapter 5.34 SMC
Development Adjacent to a
Residential Zone (4)
UP
UP
Formula Business, Small
P/UP (5)
P
SMC 19.50.035
Formula Business, Large
UP
UP
SMC 19.50.035
Formula Restaurant, Large
UP/— (6)
UP
SMC 19.50.035
Shopping Center,
Reconfiguration
UP
UP

SPECIAL PURPOSE USES
Public Utility Facilities
—
—
Public Utility Equipment
P
P
Notes:

Ord. Title 19 SMC 2022

Page 7 of 14 ends

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City's Growth Management Ordinance (SMC 19.94).

3. Supportive and Transitional Housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. For example, such housing structured as single-family is permitted in the R-HS, R-R, RL and RS residential zones, whereas Supportive and Transitional housing structured as multi -family is limited to the RM and RH residential zones and the Mixed -Use Zone.

4. Defined as new commercial construction or an addition to an existing commercial building, having an area of 1,000 square feet or greater.

5. Use Permit required within the historic overlay zone

6. Prohibited in /P Plaza Retail District. See SMC 19.50.035.

7. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

8. No commercial cannabis activity may occur in these zoning districts unless and until a commercial cannabis business permit has been issued for that activity under Chapter 5.36.

C. Table 2-3 (Mixed Uses and Permit Requirements) is amended as follows:

Allowed Uses and Permit
Permit Required by District
P Use permitted
Requirements for Mixed Use
(2)
UP Use Permit required
Zoning Districts (1)
L License required
— Use not allowed
Land Use
MX
Specific Use Regulations
MANUFACTURING AND PROCESSING USES (3)
Artisans/Craft Product
UP
Manufacturing
Food and Beverage
UP
Manufacturing
Furniture/Fixtures
UP
Manufacturing, Cabinet
Shops
Change in Existing
UP
SMC 19.82.020
Nonconforming Uses
Recycling Facilities — Small
—
Collection Facilities
Research and Development
UP
(R&D)
Warehousing, Wholesaling
and Distribution
RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES (3)
Clubs, Lodges, and Private
UP
Meeting Halls
Community Centers
UP
Ord. Title 19 SMC 2022

Page 8 of 14 ends

Health/Fitness Facilities
UP
Indoor
Amusement/Entertainment
Facilities
UP
Libraries and Museums
UP
Outdoor Commercial
Recreation
—
Religious Facilities
UP
Schools — Specialized
Education and Training
UP
Studios for Art, Dance, Music,
Photography, Etc.

UP
Theaters and Auditoriums
UP
RESIDENTIAL USES (4)
Emergency Shelters
UP
SMC 19.50.033
LiveMork Facilities
UP
SMC 19.50.050
Multi -family Dwelling (Four or
fewer units)
P
Multi -family Dwelling (Five or
more units)
UP
Personal Indoor Cannabi
Cultivation (7)
P
SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (7)
P
SMC 19.50.032.13
(Prohibited if multifamily
dwelling or mobile home)
Residential Care Homes,
Seven or more clients
UP
Single -Family Dwellings
P (5)
Supportive Housing, four or
fewer units
P
Supportive Housing, five or
more units
UP
Transitional Housing, four or
fewer units
P
Transitional Housing, five or
more units
UP
RETAIL TRADE (3)
Accessory Retail Uses
UP
Art, Antique, Collectible and
Gift Sales
UP
Artisan Shops
UP
Ord. Title 19 SMC 2022

Page 9 of 14 ends

Auto and Vehicle
Sales/Rental
—
Building Material Stores
—
Commercial Cannabis Activities (8):

Manufacturing
UP
SMC Chapter 5.36
Non -store front retail
UP
SMC Chapter 5.36
Testing laboratory
UP
SMC Chapter 5.36
Drive -In and Drive -Through
Sales
UP
Farmers Market
UP
Fueling Station
UP
Furniture, Furnishings and
Equipment Stores
UP
General Retail
UP
Grocery Store
UP
Music Venue
L
Chapter 5.34 SMC
Outdoor Retail Sales and
Activities
UP
Plant Nurseries and Garden
Supply Stores
UP
Restaurant
UP
Second Hand Stores
UP
Shopping Center
UP
Special Event Venue (6)
UP
Wine Tasting Facilities/Wine
Bars
WTUP
SMC 19.50.120
Tap Rooms
UP
SMC 19.50.130
SERVICES (3)
Auto Parts Sales
UP
Banks and Financial Services
UP
Bed and Breakfast Inns
(B&Bs) 14
UP
Business Support Services
UP
Child Day Care Facilities
UP
Drive -In and Drive -Through
Facilities
UP
Equipment Rental
UP
Governmental and Public
Facilities
UP
10 Ord. Title 19 SMC 2022

Page 10 of 14 ends

Hotel or Motel
UP
Medical Services — Clinics,
UP
Offices, Laboratories
Medical Services — Hospitals
—
Mortuaries and Funeral
UP
Homes
Offices, Professional and
UP
Administrative
Personal Services
UP
Storage — Outdoor
—
SMC 19.40.100(D)
Storage — Personal Storage
—
Facility (Mini -Storage)
Telecommunications
See Chapter 5.32 SMC, Telecommunications Facility and
Facilities, Commercial
Antenna Criteria
SMC
Time-shares
_

19.50.140
Vacation Rental
—
SMC 19.50.110
Vehicle Services, Repair and
UP
Maintenance
Vehicle Services, Service
—
SMC 19.50.100
Stations
Repair Services for
UP
Consumer Products

SPECIAL CIRCUMSTANCES COMMERCIAL DEVELOPMENT
Formula Business, Small
UP
SMC 19.50.035
Formula Business, Large
UP
SMC 19.50.035
Formula Restaurant, Large
UP
SMC 19.50.035

SPECIAL PURPOSE USES
Public Utility Facilities
—
Public Utility Equipment
P
Notes:

1. See SMC 19.10.050(C) regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New development in the Mixed -Use zone shall include a residential component unless waived by the planning commission through use permit review (see SMC 19.10.020(C)).

3. Uses within these categories are allowed only if the planning commission finds that the use will not result in the encroachment of incompatible commercial uses within an established residential area.

4. New residential developments subject to the city's growth management ordinance.

5. Limited to a single residence on an existing lot of record; otherwise, use permit approval is required.

6. On sites of one acre in size or larger.

7. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.
11 Ord. Title 19 SMC 2022

Page 11 of 14 ends

8. No commercial cannabis activity may occur in these zoning districts unless and until a commercial cannabis business permit has been issued for that activity under Chapter 5.36.

D. Table 2-4 (Special Purpose Uses and Permit Requirements) is hereby amended as follows:

Allowed Uses and Permit
Requirements for Special
Purpose Zoning Districts
Permit Required by District
P Use permitted
UP Use Permit required
L License required
— Use not allowed
Land Use (1)
A
Pk
P
W
Specific Use Regulations

AGRICULTURAL AND OPEN SPACE USES
Crop Production and
Horticulture
P
—
—
P
Livestock Raising
P
—
—
—
SMC 19.50.020
Prescribed Grazing
—
UP
—
—
Produce Stands for On -Site
Production
P
—
—
—
SMC 19.50.070
Trails, Hiking and Bicycling
P
P
P
—

MANUFACTURING AND PROCESSING USES
Agricultural or Food
Processing
—
—
—
UP
Wineries
—
—
—
UP
Winery Accessory Uses
—
—
—
UP
SMC 19.50.020

RECREATION, EDUCATION AND PUBLIC ASSEMBLY USES
Community Centers
—
—
UP
—
Community Garden
—
UP
UP
—
Equestrian Facilities
UP
UP
—
—
SMC 19.50.020
Libraries and Museums
—
UP
UP
—
Parks and Playgrounds
—
P
P
—
Recreational Facilities
—
UP
P
—
12 Ord. Title 19 SMC 2022

Page 12 of 14 ends

Schools, Public and Private
—
—
P
—
Theaters and Auditoriums
—
UP
P
—
RESIDENTIAL USES (2)
Agricultural Employee
Housing
P
—
—
—
Caretaker and Employee
Housing
UP
UP
UP
UP
Emergency Shelters, 15 or
fewer beds
—
—
P
—
SMC 19.50.035
Emergency Shelters, 16 or
more beds
—
—
UP
Personal Indoor Cannabis
Cultivation (3)
P
P
P
P
SMC 19.50.032.A
Personal Outdoor Cannabis
Cultivation (3)
P
P
P
P
SMC 19.50.032.B
(Prohibited if multifamily
dwelling or mobile home)
Residential Accessory
Structures and Uses
P
—
—
—
SMC 19.50.035
Single -Family Dwellings
P
—
—
—
SMC 19.50.035
Supportive Housing (4)
—
—
UP
—
Transitional Housing (4)
—
—
UP
—
Vacation Rental
—
UP
—
—
SMC 19.50.110

SERVICES
Offices — Administrative
—
UP
UP
—
Cemeteries
—
—
P
—
Child Day Care Facilities
—
—
P
—
Corporation Yard
—
—
P
—
Farmers Market
P
P
P
—
Governmental and Public
Facilities
—
UP
UP
—
Kennel
—
—
UP
—
Medical Services — Hospitals
—
—
UP
—
Telecommunications
Facilities, Commercial
See Chapter 5.32 SMC, Telecommunications Facility and
Antenna Criteria
Timeshares
—
—
—
—
SMC

19.50.140

SPECIAL PURPOSE USES
Public Utility Facilities
—
—
UP
—
Public Utility Equipment
P
P
P
P
13 Ord. Title 19 SMC 2022

Page 13 of 14 ends

Notes:

1. See Section 19.10.050.0 regarding uses not listed. See Division VIII for definitions of the listed land uses.

2. New residential developments subject to the City's Growth Management Ordinance (SMC 19.94).

3. Personal cultivation of cannabis (indoor and outdoor) only allowable in conjunction with residential use subject to SMC 19.50.032.

4. Supportive and transitional housing shall be subject to those restrictions that apply to other residential dwellings of the same type in the same zone. 14 Ord. Title 19 SMC 2022

Page 14 of 14 ends

Appendix N — City of St. Helena Ordinance

FRACTIONAL HOUSING
-N1-

CITY OF ST. HELENA
ORDINANCE NO. 2022-5
ADDING CHAPTER 17.138 "TIME SHARE USES" AND SECTIONS 17.138.010 —

17.138.060 TO TITLE 17, ZONING, OF THE ST. HELENA MUNICIPAL CODE, AMENDING SECTIONS 17.48.030 AND 17.52.030 AND DELETING SECTION

17.112.130 OF THE ST. HELENA MUNICIPAL CODE
WHEREAS, the City of St. Helena is a popular tourist destination, known for its scenic Napa Valley location, exceptional wineries and restaurants, historic Main Street and small-town agricultural character; and
WHEREAS, preserving the rural, small-town quality and agricultural character of the City of St. Helena has been a focal point of the City's land use planning for decades, and remains a primary focus in the City's 2040 General Plan; and WHEREAS, the City of St. Helena stands out in the Napa Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City's tourist economy is key to maintaining a sustainable community and a stable economy; and
WHEREAS, the City values and welcomes all visitors to the City and recognizes their contributions to the City's economy, but finds that in order to maintain the City's long term viability as a community where people not only come to visit, but also live, work and contribute to the long term betterment of the community through participation in the City's schools, local community groups, civic government and local serving businesses, the City must maintain a balance between residential land uses and visitor serving uses; and WHEREAS, the City's existing housing stock is significantly impacted, with demand outweighing supply, resulting in extremely high housing prices as detailed in the accompanying staff report. A limited supply of suitable vacant land, exorbitantly high land costs, and limitations in the City's existing infrastructure, among other factors, have limited the construction of additional housing in the City of St. Helena; and WHEREAS, according to the U.S. Census Bureau, the current median household income in the City of St. Helena is $90,031, while the estimated value of owner -occupied housing units from 2015-2019 was approximately $1,112,100, with current real estate listings suggesting that prices are increasing significantly, meaning that homes in the City are not affordable to the median household in the City; and WHEREAS, as noted in the St. Helena Housing Update Report prepared for the City in April 2018, "St. Helena has more local jobs than people in the labor force, demanding large numbers of commuters to fill local jobs. Workers commute daily into St.

Helena, many because there is no local housing that is affordable at the incomes that

they make. Thirty six percent (36%) of St. Helena households cannot afford market rents while seventy percent (70%) of St. Helena households cannot afford to purchase a home.

Paramedics and preschool teachers cannot afford St. Helena's market rents. Teachers, registered nurses, winery and hospitality managers and nonprofit directors cannot afford homeownership in St. Helena"; and
WHEREAS, the City has made significant efforts to address the need for housing at lower income levels, of which recent examples include providing assistance to local nonprofit Our Town St. Helena for the Brenkle Court development, a mutual self-help housing development providing homeownership opportunities to eight low income working families, as well as the acquisition of a home located at 963 Pope Street using a charitable sale strategy. The property at 963 Pope Street is being developed with an additional four units to provide a total of five new affordable rental units in the City; and WHEREAS, further, in connection with the recently approved Farmstead lodging project, the City negotiated with the developer to contribute one million dollars toward the purchase of property to be used for the development of not less than twenty units of housing that will be affordable to low and very low-income households, and an additional two million two hundred thousand dollars to be used more generally toward the development of affordable housing in the City; and
WHEREAS, the City additionally provided substantial financial assistance to the recently completed Turley Flats Affordable Housing development, which provides eight units of rental affordable housing in a three story building located at 1105 Pope Street; and
WHEREAS, these efforts have helped to address the City's need for affordable housing, but have also highlighted the challenge of providing sufficient housing to meet demand, particularly at more affordable levels, due to the significant costs of acquiring housing or land for the development of housing in the City and the limited supply of such land; and
WHEREAS, the conversion of existing residential units to uses other than long- term residential use will further reduce the City's existing long-term housing supply, causing further imbalance between the demand for housing in the City and the existing supply, not only altering the character of the City's residential neighborhoods, but also presenting further challenges to the City's efforts to provide affordable housing within the community; and
WHEREAS, the City additionally has, for many years, worked to preserve its existing housing stock for long term residential use, both to maintain the character of its residential neighborhoods and prevent residential districts from becoming visitor and tourist serving districts, and to ensure that it would not be converted to uses other than long-term residential uses; and

WHEREAS, to this end, in 1982 the City adopted Ordinance No. 82-07, which prohibited the creation of time-share projects as a means of ownership of any single- family, two-family or multiple -family dwelling or any apartment house within the City. This restriction was imposed because the conversion of residential dwelling units to time- sharing projects would eliminate residential dwelling units that would otherwise be available for long-term occupancies, and were inappropriate in residential areas because those uses have the same character as commercial hotels, motels and other transient occupancy uses, and would result in increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods; and WHEREAS, the City has historically not received complaints about time-sharing uses in residential neighborhoods. Commencing in 2020, however, the City began receiving complaints regarding single family homes in the City that were being sold and/or marketed as "fractional ownership" or "co -ownership" homes, wherein each buyer may acquire a one -eighth interest in a limited liability company that will own the home. Under the structure pursuant to which these dwelling units are marketed and sold, each owner gets a one -eighth share along with the right to use the home for one -eighth of each year indefinitely. During each owner's usage period, that owner has exclusive use of the entire house. All rentals are prohibited; only owners and their guests are permitted to use the house. Each owner pays regular assessments to fund the operating costs of the home and maintenance reserves; and
WHEREAS, this arrangement, which provides that each purchaser is entitled to exclusive use of the property for a fixed number of days each year, is a "time-share plan" as defined in Business and Professions Code section 11212, and a "time share program" as defined in Section 17.112.130 of the City's Municipal Code; and WHEREAS, the City has received numerous complaints regarding these properties, including parking impacts from large numbers of people staying at these properties; excessive noise late into the evening due to frequent outdoor parties; traffic due to frequent visitor turnover; traffic, noise and parking concerns due to frequent visits from cleaning, landscape maintenance and pool cleaning services that come to the properties in between each stay to prepare the home for the next guest; and an inability to maintain lines of communication to set community expectations with the users of the unit, as visitors only frequent the homes for short term stays of 2 to 14 days; and WHEREAS, the complaints received by the City are reflective of the reasons that the City prohibited time-share projects within residential areas of the City. The time-share uses provide a short-term, high impact vacation -oriented use of the property, where those that buy into the time-share use the home for entertaining and short term stays while visiting restaurants, wineries and other tourist -oriented locations in St. Helena and the surrounding Napa Valley; and
WHEREAS, this high impact use, combined with the frequent turnover and commercial management of these properties is not consistent with the residential districts in which they are located. It is commercial in nature, in that these time-share uses are

structured as a short-term, tourist oriented, visitor serving use of the subject properties.

The use of these properties as time-shares adds excessive noise and traffic to residential districts by using these properties for high impact tourist oriented uses more. appropriately located in commercial districts of the City; and
WHEREAS, expanded use of residential properties for time-share uses will further reduce the availability of housing stock for long-term residential use, and create a new demand for time-share uses of residential properties; and WHEREAS, this encroachment of tourist oriented, visitor serving uses in residential neighborhoods will not only compromise the residential character of these areas, but will also further increase the costs for housing in the City, undermining the City's efforts to provide a balance of housing for all income levels in the City; and WHEREAS, the City's authority to enact zoning ordinances is based on the powers accorded cities and counties under the State constitution to make and enforce police regulations. This police power grants the City broad authority to regulate the development and use of real property within its jurisdiction to promote the public welfare; and WHEREAS, pursuant to and in accordance with this authority, the City Council desires to reaffirm its restrictions on time-share uses in residential areas, and to update the language of the Zoning Code to provide consistency with the terminology used to define time-share uses in State law. Further, the City desires to provide greater clarity as to the zoning districts in which time-share uses are permitted as conditional uses, and the standards pursuant to which they will be reviewed in those zoning districts; and WHEREAS, the Planning Commission of the City of St. Helena held a duly noticed public hearing on March 1, 2022, as required by law to consider all the information presented by staff, and public testimony presented in writing and at the meeting; and WHEREAS, on March 1, 2022, the Planning Commission of the City of St. Helena recommended that the City Council adopt this Ordinance amending the Municipal Code as described herein by a 5-0 vote; and
WHEREAS, on March 22, 2022, the City Council held a duly noticed public hearing, accepting testimony from the public, and discussed the proposed amendments and staff's recommended approval of this Ordinance; and
WHEREAS, the proposed zoning amendments are consistent with the General Plan goals, policies and implementation programs as the Ordinance will continue to preserve the agricultural, small town character of the City of St. Helena; will preserve the City's residential districts for residential uses; and will help to preserve the City's existing housing stock for long term residential uses, to avoid further exacerbating the existing impacts on the City's housing supply; and
Now, therefore, the City Council of the City of St. Helena does hereby ordain as follows:

SECTION 1: The above recitals are hereby incorporated as though set forth in this section.

SECTION 2: Chapter 17.138 and sections 17.138.010—17.138.060 are hereby added to Title 17 of the St. Helena Municipal Code, to read as follows:
"Chapter 17.138

TIME-SHARE USES

17.138.010 Purpose and Findings

17.138.020 Definitions

17.138.030 Time-share Uses Restricted to Service Commercial (SC) and Central Business (CB) Districts

17.138.040 Application Process and Development Standards

17.138.050 Violations, Enforcement and Civil Penalties

17.138.010 Purpose and Findings
A. There is a critical shortage of permanent, long-term housing in the City of St.

Helena.

B. A limited supply of suitable vacant land, land values, and market demand for land for other uses, including but not limited to use of property for vineyards, have limited the construction of additional housing in the City of St. Helena.

C. St. Helena is a popular tourist destination known for its scenic Napa Valley location, exceptional wineries and restaurants, historic Main Street and small-town agricultural character.

D. The City of St. Helena stands out in the Napa Valley for its ability to attract visitors while also supporting the needs of its resident population. Maintaining the balance between the quality of life for residents and those who work in the City and the visitors who help to sustain the City's tourist economy is key to maintaining a sustainable community and a stable economy.

E. Time-share uses are not an appropriate land use in the City's residential districts due to the multiple occupancy of time-share properties, the short-term, tourist -oriented use of such property and commercial management of time-share facilities, all of which create increased traffic generation, excessive noise, disruption to residential communities

through commercial -level maintenance of the time-share facilities, and therefore are appropriately confined to commercial zoning districts.

F. Conversion of permanent housing to time-share facilities removes existing housing units from the City's existing stock and exacerbates an already severe housing shortage.

G. It is therefore in the public interest to prohibit conversions of existing housing units into time-share facilities, as to do so eliminates needed housing stock by diverting those units to a tourist -oriented, commercial use.

17.138.020 Definitions
For purposes of this Chapter, the following words and phrases shall have the meaning respectively ascribed to them by this Section:
"Accommodation" means any dwelling unit, apartment, condominium or cooperative unit, . hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a two family dwelling, three family dwelling, multiple family dwelling, or townhouse dwelling as defined in Section 17.04.160.
"Building" shall have the meaning ascribed to it by Section 17.04.160. "Dwelling unit" shall have the meaning ascribed to it by Section 17.04.160. "Managing entity" means the person who undertakes the duties, responsibilities and obligations of the management of a time-share plan.
"Person" means a_natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entity, or any combination thereof. "Time-share instrument" means one or more documents, by whatever name denominated, creating or governing the operation of a time-share plan and includes the declaration dedicating accommodations to the time-share plan. "Time-share interest" means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right is coupled with a property interest in the time-share property or a specified portion thereof.
"Time-share plan" means any arrangement, plan, scheme, or similar device, whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the right to exclusive use of an accommodation or accommodations, whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years.

"Time-share property" means one or more accommodations subject to the same time- share plan, together with any other property or rights to property appurtenant to those accommodations.
"Time-share use" means the use of one or more accommodations or any part thereof, as a time-share property pursuant to a time-share plan.

17.138.030 Time-share Uses Restricted to Service Commercial (SC) and Central Business (CB) Districts
Time-share uses are conditional uses within the City's Service Commercial (SC) District and Central Business (CB) District, subject to approval of a conditional use permit applied for and approved in conformance with this Chapter. Time-share uses are not permitted in all other Zoning Districts in the City.

17.138.040 Application Process and Development Standards A. Application Process. Approval of a conditional use permit for time-share uses in the Service Commercial District or Central Business District shall be required in accordance with the requirements of Chapter 17.168. In addition to the application requirements contained in Chapter 17.168, an application for a time-share use shall be accompanied by the following documents which shall be subject to the approval of the planning director:

1. Management Plan. A management plan shall describe the methods employed by the applicant to guarantee the future adequacy, stability, and continuity of a satisfactory level of management and maintenance of the time share use.

2. Application Requirements. In addition to any application requirements established by this section and any other applicable requirements of this code, the following information shall be submitted as part of any application to develop or establish a time-share use:
a. Typical floor plans for each accommodation.
b. The phasing of the construction of the accommodations on the time- share property, if applicable.
c. A description of any ancillary uses which are proposed in conjunction with the time share use.
d. A description of the method of management of the time share use and indication of the management entity for the time-share property. e. Any restrictions on the use or occupancy of the accommodations.

f. Any other information or documentation the applicant, city staff or commission deems reasonably necessary to the consideration of the time-share use, including any required environmental documents.

B. Development Standards and Operational Requirements. Notwithstanding any other provision of this chapter, the following conditions must be met by any time-share use in any conditionally permitted zone. Additional requirements may be attached to a conditional use permit or development agreement if found to be necessary to assure that the time-share use meets the intent of this chapter:

1. Time-share uses developed in the Service Commercial District or Central Business District shall be limited to accommodations in upper floors in conjunction with a mixed -use project.

2. No existing residential use in the Service Commercial or Central Business District shall be converted to a time-share use.

3. Development Standards. The time-share use shall comply with all development standards for the zone in which it is located.

4. Parking. Parking shall be provided as follows:
a. For accommodations of two or fewer bedrooms, one parking space shall be provided for each accommodation.
b. For accommodations of three or more bedrooms, two parking spaces shall be provided for each accommodation.

4. Modification or Waiver of Standards. The planning commission may modify or waive one or more of the regulations contained in this section if it determines that strict compliance is not necessary to achieve the purpose and intent of this section.

17.138.060 Violations, Enforcement and Civil Penalties
A. Any responsible person, including but not limited to an owner of a time-share interest, management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this chapter is guilty of a misdemeanor for each day in which such accommodation is used, allowed to be used, or advertised for sale or use in violation of this chapter. Such violation shall be punishable pursuant to Chapter 1.20.

B. Time-share use, and/or advertisement for time-share use, of an acco%nmodation in violation of this chapter is a threat to public health, safety or welfare and is thus declared to be unlawful and a public nuisance. Any such nuisance may be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, except that the civil penalty for a violation shall be one thousand dollars ($1,000.00). Each day the violation occurs shall constitute a separate offense.

C. Any responsible person who violates this chapter shall be liable and responsible for a civil penalty of one thousand dollars ($1,000.00) per violation per day such violation occurs. The city may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the city, including without limitation the city's staff time, investigation expenses and attorney's fees.

1. Where the city proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the court should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the responsible person's enrichment or profit as a result of the violation of this chapter. In any such civil action the city also may abate and/or enjoin any violation of this chapter.

2. Where the city proceeds by administrative citation, the city shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearing. a. The responsible person shall have the right to request the administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible person shall notify the city clerk in writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based. b. The city manager is hereby authorized to designate a hearing officer to hear such appeal. The city hearing officer shall conduct a hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.
c. The hearing officer shall render a decision in writing within thirty (30) days of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil penalty based upon evidence presented by the property owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay. Provided, however, that in exercising its discretion the hearing officer should consider the purpose of this chapter to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in the property owner's or responsible person's enrichment or profit as a result of th'6 violation of this chapter. d. Any aggrieved party to the hearing officer's decision on the administrative appeal may obtain review of the decision by filing a petition for writ of mandate with the Napa County superior court in accordance with the timelines and provisions set forth in Government Code Section 53069.4.

e. If, following an administrative hearing, appeal, or other final determination, the owner of the property is determined to be the responsible person for the civil penalty imposed by this section, such penalty, if unpaid within forty-five (45) days of the notice of the final determination, shall become a lien to be recorded against the property on which the violation occurred pursuant to Chapter 1.12. Such costs shall be collected in the same manner as county taxes, and thereafter the property upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.

D. Any violation of this chapter may also be abated and/or restored by the enforcement official and also may be abated pursuant to Chapter 1.12, except that the civil penalty under Chapter 1.12 for a violation shall be one thousand dollars ($1,000.00).

E. Each day the violation of this chapter occurs shall constitute a separate offense.

F. The remedies under this chapter are cumulative and in addition to any and all other remedies available at law and equity."
SECTION 3: Deletion of Section 17.112.130
Section 17.112.130 is hereby deleted in its entirety.

SECTION 4: Amendment of Section 17.48.030
Section 17.48.030 is hereby amended to add the following text as a separate line immediately following "Theaters, movie and legitimate;", and immediately prior to "Tobacco/smoke shop, including the sale of tobacco, tobacco and/or nicotine products and equipment for smoking;":
"Time share uses, pursuant to Sections 17.138.030 and 17.138.040;" SECTION 5: Amendment of Section 17.52.030
Section 17.52.030 is hereby amended to add the following text as a separate line immediately following "Theaters, movie and legitimate;", and immediately prior to "Tobacco/smoke shop, including the sale of tobacco, tobacco and/or nicotine products and equipment for smoking;":
"Time share uses, pursuant to Sections 17.138.030 and 17.138.040;" SECTION 6: CEQA
This ordinance was assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines (the Guidelines), and the environmental regulations of the City. The City Council hereby finds that this ordinance is not subject to CEQA because the adoption of

this ordinance is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations.

Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, this ordinance is exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

SECTION 6: Effective Date
This ordinance shall take effect 30 days after its final adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the 22"d day of March 2022, and was adopted at a regular meeting of the St. Helena City Council on the 12th day of April 2022, by the following vote:

Mayor Geoff Ellsworth: Yes
Vice Mayor Paul Dohring: Yes
Council Member Anna Chouteau: Yes
Council Member Lester Hardy: Yes
Council Member Eric Hall: Yes
APPROVED:

CV
Geoff Ellsworth, Mayor
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on the 22nd day of March 2022. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the 12th day of April 2022, by the following vote:

Mayor Geoff Ellsworth: Yes
Vice Mayor Paul Dohring: Yes
Council Member Anna Chouteau: Yes
Council Member Lester Hardy: Yes
Council Member Eric Hall: Yes
ATTEST:

Cindy TzafO$OUIOS, C y dierk
O� ST'
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AO�ated May fU,
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Appendix O — Pacaso Inc. v. City of St. Helena

FRACTIONAL HOUSING
-01-

Case 4:21-cv-02493-KAW Document 7 Filed 04/08/21 Page 1 of 1 Pacaso Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the
Northern District of California
PACASO INC. and PAC 6 CA 2021 LLC,
Plaintiff(s)
V.

THE CITY OF ST. HELENA; PLANNING AND
BUILDING DIRECTOR MAYA DEROSA; MAYOR
GEOFF ELLSWORTH; CITY ATTORNEY ETHAN
WALSH; DOE DEFENDANTS # 1 — 5,
Defendants)
Civil Action No. 4:21-cv-02493 KAW

SUMMONS IN A CIVIL ACTION
To: (Defendant's name and address) The City of St. Helena; Planning and Building Director Maya DeRosa; Mayor Geoff Ellsworth; City Attorney Ethan Walsh
A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) - - or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney, whose name and address are: Lance A. Etcheverry
Caroline Van Ness
Ashley Phillips
Osama Alkhawaja

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1400
Palo Alto, California 94301
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court. " •., CLERK OF COURT
/�
J Susan Y. Soong
4/8/2021
IG. Signature of Clerk or Deputy Clerk

Case 4:21-cv-02493-KAW Document 6 Filed 04/07/21 Page 1 of 2 Pacaso Summons in a Civil Action

UNITED STATES DISTRICT COURT
for the
Northern District of California
PACASO INC. and PAC 6 CA 2021 LLC,
Plarntff(s)
V.

THE CITY OF ST. HELENA; PLANNING AND
BUILDING DIRECTOR MAYA DEROSA; MAYOR
GEOFF ELLSWORTH; CITY ATTORNEY ETHAN
WALSH; DOE DEFENDANTS #f 1 — 5,
Defendant(s)
Civil Action No. 3:21-cv-02493

Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

You also must file your answer or motion with the court.

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 4:21-cv-02493-KAW Document 6 Filed 04/07/21 Page 2 of 2 AO 440 (Rev 06112) Summons in a Civil Action (Page 2)
Civil Action No. 3:21-cv-02493

PROOF OF SERVICE
(This section should not be filer! with the court unless required by Fed. R. Civ. P. 4 (1)) This summons for (name of individual and title, Many)
was received by me on (date)
0 I personally served the summons on the individual at (place) on (dale) ; or
13 1 left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or O I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name oforgankation) on (date)
0 1 returned the summons unexecuted because
D Other (sped):
; or
, who is
My fees are $ for travel and $ for services, for a total of $ 000 I declare under penalty of perjury that this information is true.

Wit -
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
;or

From: [email protected]
To: [email protected]
Subject: [Ext] Activity in Case 3:21-cv-02493-KAW Pacaso Inc. et al v. City of St. Helena et a[ Electronic Filing Error
Date: 4/7/20218:59:00 AM
CC:

BCC:

Message:

This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.

U.S. District Court
California Northern District
Notice of Electronic Filing
The following transaction was entered on 4/7/2021 at 8:59 AM and filed on 4/7/2021 Case Name: Pacaso Inc. et al v. City of St. Helena et al Case Number: 3:2 1 -cv-02493-KAW
Filer:

Document Number: No document attached
Docket Text:

Electronic Mina error. Notice to Counsel: Summons cannot be issued to Doe Defendants. Counsel is directed to remove Doe Defendants #1-5 from the summons and re -file. [err102] This filing will not be processed by the clerks office. Re:[2] Proposed Summons filed by PAC 6 CA 2021 LLC, Pacaso Inc. (bnsS, COURT STAFF) (Filed on 417/2021)
3:21-cv-02493-KAW Notice has been electronically mailed to:

Caroline W Van Ness [email protected]
Lance Allan Etcheverry lance.etc heverry@skad den. com, ash [email protected], [email protected], carol [email protected], [email protected],

[email protected], [email protected]
3:21-cv-02493-KAW Please see Local Rule 5-5; Notice has NOT been electronically mailed to:

Case 3:21-cv-02493 Document 2 Filed 04/06/21 Page 1 of 2 Pacaso Summons to a Civil Actinn

UNITED STATES DISTRICT COURT
for the
Northern District of California
PACASO INC. and PAC 6 CA 2021 LLC,
Plainlif"(s)
V.

THE CITY OF ST. HELENA; PLANNING AND
BUILDING DIRECTOR MAYA DEROSA; MAYOR
GEOFF ELLSWORTH; CITY ATTORNEY ETHAN
WALSH; DOE DEFENDANTS # 1 — 5,
Defendant(s)
Civil Action No. 3:2 1 -cv-02493

P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Lance A. Etcheverry
Caroline Van Ness
Ashley Phillips
Osama Alkhawaja

You also must file your answer or motion with the court. bate:

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:21-cv-02493 Document 2 Filed 04/06/21 Page 2 of 2 AO 440 (Rev 06112) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed R. Ciu P. 4 (1)) This summons for (name of individual and title, if any) was received by me on (date)
0 1 personally served the summons on the individual at (place) on (date) ; or
C1 I left the summons at the individual's residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last Known address; or CI I served the summons on (name of individual)
designated by law to accept service of process on behalf of (name aforgani_arion) on (date)
C1 1 returned the summons unexecuted because
Q Other (specify):
: or
, who is
My fees are $ for travel and $ for services, for a total of $ 000 I declare under penalty of perjury that this information is true.

Iulr.�
Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:
; or

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NOTICE OF ASSIGNMENT OF CASE

TO A UNITED STATES MAGISTRATE JUDGE FOR TRIAL
Pursuant to General Order 44, the Assignment Plan of the United States District Court for the Northern District of California, this case has been randomly assigned to a Magistrate Judge.

Pursuant to 28 U.S.C. § 636(c), with written consent of all parties, a magistrate judge may conduct all proceedings in a case, including all pretrial and trial proceedings, entry of judgment and post -trial motions. Appeal will be directly to the United States Court of Appeals for the Ninth Circuit.

Attached is a form to complete to indicate whether you consent to proceed before the assigned magistrate judge or decline to proceed before the assigned magistrate judge. This form is also available from the Court's website. cand.uscourts.gov/civilforms. You are free to withhold consent without adverse consequences. If any party declines, the case will be reassigned to a district judge.

If you are the plaintiff or removing party in this case, you must file your consent/declination form within 14 days of receipt of this notice. Each other party must file its consent/declination form within 14 days of appearing in the case.

The plaintiff or removing party must serve a copy of this notice upon all other parties to this action.

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78 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
Case No. C

CONSENT OR DECLINATION

TO MAGISTRATE JUDGE

JURISDICTION
INSTRUCTIONS: Please indicate below by checking one of the two boxes whether you (if you are the party) or the party you represent (if you are an attorney in the case) choose(s) to consent or decline magistrate judge jurisdiction in this matter. Sign this form below your selection. ❑ Consent to Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of final judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit.

NO
❑ Decline Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I decline to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge.

DATE:

NAME:

COUNSEL FOR
(OR "PRO SE"):

Signature

STANDING ORDER FOR ALL JUDGES

OF THE NORTHERN DISTRICT OF CALIFORNIA

CONTENTS OF JOINT CASE MANAGEMENT STATEMENT
All judges of the Northern District of California require identical information in joint Case Management Statements filed pursuant to Civil Local Rule 16-9. The parties must include the following information in their statement which, except in unusually complex cases, should not exceed ten pages:

1. Turisdiction and Service: The basis for the court's subject matter jurisdiction over plaintiff's claims and defendant's counterclaims, whether any issues exist regarding personal jurisdiction or venue, whether any parties remain to be served, and, if any parties remain to be served, a proposed deadline for service.

2. Facts: A brief chronology of the facts and a statement of the principal factual issues in dispute.

3. Legal Issues: A brief statement, without extended legal argument, of the disputed points of law, including reference to specific statutes and decisions.

4. Motions: All prior and pending motions, their current status, and any anticipated motions.

5. Amendment of Pleadings: The extent to which parties, claims, or defenses are expected to be added or dismissed and a proposed deadline for amending the pleadings.

6. Evidence Preservation: A brief report certifying that the parties have reviewed the Guidelines Relating to the Discovery of Electronically Stored Information ("ESI Guidelines"), and confirming that the parties have met and conferred pursuant to Fed.

R. Civ. P. 26(f) regarding reasonable and proportionate steps taken to preserve evidence relevant to the issues reasonably evident in this action. See ESI Guidelines 2.01 and 2.02, and ClieckIist for ESI Meet and Confer.

7. Disclosures: Whether there has been full and timely compliance with the initial disclosure requirements of Fed. R. Civ. P. 26, and a description of the disclosures made.

8. Discovery: Discovery taken to date, if any, the scope of anticipated discovery, any proposed limitations or modifications of the discovery rules, a brief report on whether the parties have considered entering into a stipulated e-discovery order, a proposed discovery plan pursuant to Fed. R. Civ. P. 26(f), and any identified discovery disputes.

9. Class Actions: If a class action, a proposal for how and when the class will be certified, and whether all attorneys of record for the parties have reviewed the Procedural Guidance for Class Action Settlements.

10. Related Cases: Any related cases or proceedings pending before another judge of this court, or before another court or administrative body.

11. Relief: All relief sought through complaint or counterclaim, including the amount of any damages sought and a description of the bases on which damages are calculated. In addition, any party from whom damages are sought must describe the bases on which it contends damages should be calculated if liability is established.

Effective November 1, 2018

12. Settlement and ADR: Prospects for settlement, ADR efforts to date, and a specific ADR plan for the case, including compliance with ADR L.R. 3-5 and a description of key discovery or motions necessary to position the parties to negotiate a resolution.

13. Consent to Magistrate judge For All Purposes: Whether all parties will consent to have a magistrate judge conduct all further proceedings including trial and entry of judgment. Yes No

14. Other References: Whether the case is suitable for reference to binding arbitration, a special master, or the Judicial Panel on Multidistrict Litigation.

15. Narrowing of Issues: Issues that can be narrowed by agreement or by motion, suggestions to expedite the presentation of evidence at trial (e.g., through summaries or stipulated facts), and any request to bifurcate issues, claims, or defenses.

16. Expedited Trial Procedure: Whether this is the type of case that can be handled under the Expedited Trial Procedure of General Order No. 64 Attachment A. If all parties agree, they shall instead of this Statement, file an executed Agreement for Expedited Trial and a Joint Expedited Case Management Statement, in accordance with General Order No. 64 Attachments B and D.

17. Scheduling: Proposed dates for designation of experts, discovery cutoff, hearing of dispositive motions, pretrial conference and trial.

18. Trial: Whether the case will be tried to a jury or to the court and the expected Iength of the trial.

19. Disclosure of Non-party Interested Entities „or Persons: Whether each party has filed the "Certification of Interested Entities or Persons" required by Civil Local Rule 3-15. In addition, each party must restate in the case management statement the contents of its certification by identifying any persons, firms, partnerships, corporations (including parent corporations) or other entities known by the party to have either: (i) a financial interest in the subject matter in controversy or in a party to the proceeding; or (ii) any other kind of interest that could be substantially affected by the outcome of the proceeding. In any proposed class, collective, or representative action, the required disclosure includes any person or entity that is funding the prosecution of any claim or counterclaim.

20. Professional Conduct: Whether all attorneys of record for the parties have reviewed the Guidelines for Professional Conduct for the Northern District of California.

21. Such other matters as may facilitate the just, speedy and inexpensive disposition of this matter.

Effective Noverrrber 1, 2018

From: [email protected]
Sent: Thursday, April 8, 2021 12:37 PM
To: [email protected]
Subject: [Ext] Activity in Case 4:21-cv-02493-KAW Pacaso Inc. et al v. City of St. Helena et al Clerk's Notice of Impending Reassignment - Text Only
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended.
***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.

U.S. District Court
California Northern District
Notice of Electronic Filing
The following transaction was entered on 4/8/2021 at 12:36 PM and filed on 4/8/2021 Case Name: Pacaso Inc. et al v. City of St. Helena et al Case Number: 4:21-cv-02493-KAW
Filer:

Document Number:9(No document attached)
Docket Text:

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned.

ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE

JUDGE ARE VACATED AND SHOULD BE RE -NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED.

This is a text only docket entry; there is no document associated with this notice. (dtmS, COURT STAFF) (Filed on 4/8/2021)
4:21-cv-02493-KAW Notice has been electronically mailed to:

Caroline W Van Ness [email protected]
Lance Allan Etcheverry [email protected], [email protected], [email protected],

caroline.vanness@$kadden.com, [email protected], [email protected], [email protected] 4:21-cv-02493-KAW Please see Local Rule 5-5: Notice has NOT been electronically mailed to:

Case 4:21-cv-02493-KAW Document S Filed 04/08/21 Page 1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
Pacaso Inc., et aL,
Plaintiff(s),
V.

City of St. Helena, et aL,
Defendant(s).

Case No. 3.2 1 -cv-02493-KAW

CONSENT OR DECLINATION

TO MAGISTRATE JUDGE

Cl CONSENT to Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I voluntarily consent to have a United States magistrate judge conduct all further proceedings in this case, including trial and entry of f nal judgment. I understand that appeal from the judgment shall be taken directly to the United States Court of Appeals for the Ninth Circuit.

OR
9 DECLINE Magistrate Judge Jurisdiction
In accordance with the provisions of 28 U.S.C. § 636(c), I decling to have a United States magistrate judge conduct all further proceedings in this case and I hereby request that this case be reassigned to a United States district judge.

DATE: April 8 , 20 21 NAME: Lance A. Etcheverry
Isl Lance A. Etcheverry
Signature
COUNSEL FOR Pacaso Inc. and PAC 6 CA 2021
(OR "PRO SE"):

LLC.

United States District Court
Northern District of California
ECF Registration Information
Electronic Case Filing (ECF or "e-filing') is mandatory for all civil cases in this court. Please refer to Civil Local Rule 5-1 for the Court's rules pertaining to electronic filing. Effective August 19, 2013, e-filing of initiating documents (complaints; notices of removal) is allowed, but is not mandatory; all other documents must be e-filed in civil cases.

Parties who are representing themselves pro se (without attorney representation) are not required to e-file and, in fact, may e-file only with the permission of the assigned judge.

PIease review and attend to the following important notes and tasks:

Serve this ECF Registration Information Handout on all parties in the case along with the complaint or removal notice and the other documents generated by the court upon filing.

If not already registered, each attorney in the case must register to become an e-filer at cand.uscourts.gov/ECF. Your ECF registration is valid for life in this district; please do not register more than once.

IMPORTANT NOTICE: by signing and submitting to the court a request for an ECF user id and password, you consent to entry of your email address into the court's electronic service registry for electronic service on you of all a -filed papers, pursuant to rules 77 and 5(b)(2)(d) of the Federal Rules of Civil Procedure.

If you are a party and do not have an attorney and would like to e-file in the case, please visit cand.uscourts.gov/ECF/prosere&tration for instructions and information. Unless and until the assigned judge has given you permission to e-file, you are required to file and serve papers in hard copy (paper) form.

Access dockets and documents using your PACER (Public Access to Court Electronic Records) account. If your firm already has a PACER account, please use that account. It is not necessary to have individual PACER accounts for each user in your office. To set up an account, visit: pacer.gov or call (800) 676-6856.

ECF interactive tutorials, instructions for e-filing and other information are available at.- cand.uscourts.gov/ECF.

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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
PACASO INC., et al.,
Plaintiffs,
V.

CITY OF ST. HELENA, et al.,
Defendants.

Case No. 21-cv-02493-KAW

ORDER SETTING INITIAL CASE

MANAGEMENT CONFERENCE

AND ADR DEADLINES
IT IS HEREBY ORDERED that this action is assigned to the Honorable Kandis A.

Westmore . When serving the complaint or notice of removal, the plaintiff or removing defendant must serve on all other parties a copy of this order, the Notice of Assignment of Case to a United States Magistrate Judge for Trial, and all other documents specified in Civil Local Rule 4-2.

Plaintiffs or removing parties must file a consent or declination to proceed before a magistrate judge within 14 days of the filing of the complaint or the removal. All other parties must file a consent or declination within 14 days of appearing in the case. All parties who have made an appearance must file a consent or declination within 7 days of the filing of a dispositive motion or the case will be reassigned to a district court judge. Counsel must comply with the case schedule listed below unless the Court otherwise orders.

IT IS FURTHER ORDERED that this action is assigned to the Alternative Dispute Resolution (ADR) Multi -Option Program governed by ADR Local Rule 3. Counsel and clients shall familiarize themselves with that rule and with the material entitled "Dispute Resolution Procedures in the Northern District of California" on the Court ADR Internet site at litt :il www.cand.uscourts.eov'adr . A limited number of printed copies are available from the Clerk's Office for parties in cases not subject to the court's Electronic Case Filing program (ECF).

IT IS FURTHER ORDERED that plaintiff or removing defendant serve upon all parties

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28 the brochure entitled "Consenting To A Magistrate Judge's Jurisdiction In The Northern District Of California", additional copies of which can be downloaded from the court's Internet website:
littp:// www.cand.tiscourts.p-ov .

CASE SCHEDULE — ADR MULTI -OPTION PROGRAM
Date
Event
Governing Rule
4/6/2021
Complaint Filed
6/15/2021
*Last day to:

FRCivP 26(f) &
• meet and confer re: initial disclosures, early
ADR L.R.3-5
settlement, ADR process selection, and discovery
plan
- file ADR Certification signed by Parties and
Civil L.R . 16-8(b)
Counsel (form available at
& ADR L.R. 3-5(b)
lttt :r`/ www.caiid.uscourts . y-ov
6/29/2021
**Last day to file Rule 26(f) Report, complete
FRCivP 26(a) (1)
initial disclosures or state objection in Rule 26(f)
Civil L.R . 16-9
Report and file Case Management Statement per
Standing Order re Contents of Joint Case
Management Statement
(also available at http://www.cand.uscourts.gov)
7/6/2021

INITIAL CASE MANAGEMENT
Civil L.R . 16-10
CONFERENCE (CMC) at 1:30 PM in:

Courtroom TBD
Ronald Dellums Federal Building
1301 Clay Street
Oakland, CA 94612
* If the Initial Case Management Conference is continued, unless otherwise ordered this deadline is continued to 21 days in advance of the Initial Case Management Conference. ** If the Initial Case Management Conference is continued, unless otherwise ordered this deadline is continued to 7 days in advance of the Initial Case Management Conference. 2 Case 3:21-cv-02493 Document 2 Filed 04/06/21 Page 1 of 2 Pacaso Summgns in a Civil Action

UNITED STATES DISTRICT COURT
for the
Northern District of California
PACASO INC. and PAC 6 CA 2021 LLC,
Plaintiff(s)
V.

THE CITY OF ST. HELENA; PLANNING AND
BUILDING DIRECTOR MAYA DEROSA; MAYOR
GEOFF ELLSWORTH; CITY ATTORNEY ETHAN
WALSH; DOE DEFENDANTS # 1 — 5,
Defendant (s)
Civil Action No. 3:21-cv-02493

Within 21 days after service of this summons on you (not counting the day you received it) .-- or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.

P. 12 (a)(2) or (3) —• you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Lance A. Etcheverry
Caroline Van Ness
Ashley Phillips
Osama Alkhawaja

You also must file your answer or motion with the court. 0".

CLERK OF COURT
Signature of Clerk or Deputy Clerk

Case 3:21-cv-02493 Document 2 Filed 04/06/21 Page 2 of 2 AO 440 (Rev 0(112) Summons in a Civil Action (Page 2)
Civil Action No.

PROOF OF SERVICE
(This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (1)) This summons for (name of individual and title, ifany)
was received by me on (date)
0 I personally served the summons on the individual at (place) on (date) ; or
Cl 1 left the summons at the individual's residence or usual place of abode with (name) , a person of suitable age and discretion who resides there, on (date) , and mailed a copy to the individual's last known address; or CI 1 served the summons on (name of individual)
designated by law to accept service of process on behalf of (name oforganization) on (date)
; or
, who is
CI 1 returned the summons unexecuted because ; or
CI Other (spec)
My fees are $ for travel and $ for services, for a total of 000 I declare under penalty of perjury that this information is true.

Uerd:

Server's signature
Printed name and title
Server's address
Additional information regarding attempted service, etc:

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LANCE A. ETCHEVERRY (SBN 199916)
[email protected]
CAROLINE VAN NESS (SBN 281675)
Carol [email protected]
ASHLEY PHILLIPS (SBN 318397)
[email protected]
OSAMA ALKHAWAJA (SBN 334404)
[email protected]

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1400
Palo Alto, California 94301
Telephone: (650) 470-4500
Facsimile: (650) 470-4570
Attorneys far Plaintiffs
PACASO INC. and PAC 6 CA 2021 LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
PACASO INC. and PAC 6 CA 2021 LLC,
Plaintiffs,
V.

THE CITY OF ST. HELENA; PLANNING &
BUILDING DIRECTOR MAYA DEROSA;
MAYOR GEOFF ELLSWORTH; CITY
ATTORNEY ETHAN WALSH; and DOES I -
5,
Defendants.

Case No.:3:2 I-cv-02493
PLAINTIFFS PACASO INC.'S AND
PAC 6 CA 2021 LLC'S

CERTIFICATION OF INTERESTED

ENTITIES OR PERSONS PURSUANT
TO F.R.C.P. 7.1 AND CIVIL L.R. 3-15

IIPLAINTIFFS' CERTIFICATION OF INTERESTED ENTITIES

OR PERSONS
CASE NO. 3:2 1 -cv-02493

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28 Plaintiffs Pacaso Inc. and PAC 6 CA 2021 LLC disclose the following information for the limited purpose of complying with Federal Rule of Civil Procedure 7.1 and Civil L.R. 3-15 of the Northern District of California.

Pacaso Inc. and PAC 6 CA 2021 LLC do not have a parent corporation. No publicly held corporation owns 10% or more of the stock of Pacaso Inc. or PAC 6 CA 2021 LLC.

Pursuant to Civil L.R. 3-15, the undersigned certifies that as of this date, other than the named parties, there is no such interest to report, as no persons, associations of persons, firms, partnerships, corporations (including parent corporations) or other entities, have an interest described in Civil L.R. 3-15 that could be substantially affected by the outcome of this proceeding.

DATED: April 6, 2021 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP By: Is/ Lance A. Etcheverry
LANCE A. ETCHEVERRY
Attorneys for Plaintiffs
PACASO INC. and PAC 6 CA 2021 LLC
kl PLAINTIFFS' CERTIFICATION OF INTERESTED ENTITIES
I` OR PERSONS
CASE NO. 3:2 1 -cv-02493

From: [email protected]
To: [email protected]
Subject: [Ext] Activity in Case 3:21-cv-02493-KAW Pacaso Inc. et al v. City of St. Helena et al Case Assigned by Intake
Date: 4/7/20217:41:00 AM
CC:

BCC:

Message:

U.S. District Court
California Northern District
Notice of Electronic Filing
The following transaction was entered on 4/7/2021 at 7.41 AM and filed on 4/6/2021 Case Name: Pacaso Inc. et al v. City of St. Helena et al Case Number: 3:21-cv-02493-KAW
Filer:

Document Number: 4(No document attached)
Docket Text:

Case assigned to Magistrate Judge Kandis A. Westmore.

Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at
http://cand.uscourts.gov/ecf/caseopening .

Standing orders can be downloaded from the courts web page at www.cand.uscourts.gov/judges . Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by

Notice of Electronic Filing (NEF) within two business days. ConsentlDeclination due by 4/20/2021. (bwS, COURT STAFF) (Filed on 41612021) 3:21-cv-02493-KAW Notice has been electronically mailed to:

Lance Allan Etcheverry I ance. etc [email protected], ashley.phill [email protected], [email protected], carol [email protected], [email protected], [email protected], [email protected]
3:21-cv-02493-KAW Please see Local Role 5-5; Notice has NOT been electronically mailed to:
2 Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 1 of 50 1 2
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LANCE A. ETCHEVERRY (SBN 199916)
Lance. [email protected]
CAROLINE VAN NESS (SBN 281675)
[email protected]
ASHLEY PHILLIPS (SBN 318397)
[email protected]
OSAMA ALKHAWAJA (SBN 334404)
[email protected]

SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP
525 University Avenue, Suite 1400
Palo Alto, California 94301
Telephone: (650) 470-4500
Facsimile: (650) 470-4570
Attorneys for Plaintiffs
PACASO INC. and PAC 6 CA 2021 LLC

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
PACASO INC. and PAC 6 CA 2021 LLC,
Plaintiffs, k
V.

THE CITY OF ST. HELENA; PLANNING &
BUILDING DIRECTOR MAYA DEROSA;
MAYOR GEOFF ELLSWORTH; CITY
ATTORNEY ETHAN WALSH; and DOES 1-

5. Defendants
Case No.:

COMPLAINT FOR:
(1) DECLARATORY JUDGMENT;
(2) DUE PROCESS VIOLATION;
(3) SELECTIVE ENFORCEMENT;
(4) INVALID USE OF MUNICIPAL
AUTHORITY; AND
(5) INTENTIONAL INTERFERENCE

WITH PROSPECTIVE

ECONOMIC ADVANTAGE

JURY TRIAL DEMANDED

II COMPLAINT
CASE NO.

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Plaintiffs Pacaso Inc., a Delaware corporation, and PAC 6 CA 2021 LLC (collectively, "Pacaso"), for their Complaint against the City of St. Helena ("the City" or "St. Helena"); Maya DeRosa ("DeRosa"), in her capacity as Planning & Building Director of St. Helena; Geoff Ellsworth ("Ellsworth"), in his capacity as Mayor of St. Helena; Ethan Walsh ("City Attorney Walsh"), in his capacity as City Attorney of St. Helena; and Does 1 through 5 (collectively, the "Defendants"), allege based on personal knowledge and on information and belief as follows:

INTRODUCTION
i. This case arises out of Defendants' calculated and inteliectually dishonest campaign against Pacaso and its homeowners to violate their protected rights to share ownership of a single- family home with others. Acting under the false pretense of enforcing the City's time-share ordinance, codified in Section 17.112.130 of the St. Helena Municipal Code ("Section

17.112.130"), Defendants have sought to preclude Pacaso and its homeowners from enjoying the benefits of secondary home ownership in St. Helena —a privilege that they have sought to reserve only for those in the upper echelon of financial status (i.e., those who can afford to purchase and own primary and second homes in St. Helena on their own, despite the astronomical housing prices in the area). Sadly, this is just the latest chapter in a long history of improper attempts by the City to exclude outsiders from the community. With Defendants now entrenched in this unprincipled position, Pacaso has no choice but to seek judicial intervention to guarantee the legally -protected rights of its homeowners to enjoy the benefits of owning property in the beautiful surrounds of St. Helena.

2. Defendants' crusade against Pacaso is based on manufactured, incorrect theories 11 about both the scope of Section 17.112.130 and Pacaso's business model. One thing about Section 117.112.130 is clear: the Ordinance prohibits only "[t]he creation of a time-share project" in St.

I Helena. But Pacaso homes are not time-shares, and Pacaso does not create "time-share project[s]."

3. Instead, Pacaso has introduced a new pathway for second home ownership that 11 provides individuals who have traditionally been excluded from the second home market an opportunity to turn their dreams into reality. Pacaso eliminates several significant barriers to I second home ownership, including exorbitant costs, inevitable maintenance hassles, and even the

COMPLAINT
CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 3 of 50 1 perceived guilt of having the home sit vacant. Pacaso prides itself in serving a diverse clientele, 2 underscoring the power of ownership to unlock new opportunities for traditionally 3 underrepresented communities. Its owner group is organically diverse: around two-thirds of 4 Pacaso homeowners in St. Helena and 25% of Pacaso's total owner group are non -white or identify 5 as LGBTQ+.
6 4. Pacaso's homeowners are not renters or investors. They co-own the home with up 7 to seven other homeowners. Pacaso's co -homeownership structure has no resemblance to 8 commercial or quasi -commercial use. Pacaso homeowners are true homeowners who make a 9 significant financial investment in their home, and are in it for the long -haul. They are directly 10 invested in the home, its surrounding neighborhood and community, and own for their personal use 11 and enjoyment, not for profit. Pacaso homeowners cannot sell their ownership stake during the 12 first year of ownership, and they are strictly prohibited from renting out the property at any point to 13 anyone.
14 5. Unlike absentee second home owners, Pacaso homeowners occupy their home and 15 support local businesses year-round, including those disproportionately impacted by COVID-19, 16 such as wineries, restaurants, and retail shops. What is more, Pacaso itself employs between 8-10 17 local businesses per property, including real estate agents, property managers, landscapers, pool 18 cleaners, home cleaners, laundry services, handymen, local artists, and more. Indeed, today, 60% 19 of all residential properties in St. Helena did not take the owner occupant exemption, which means 20 the owners patronize local businesses only a fraction of the year. In contrast, Pacaso homeowners 21 use and occupy their home year-round, just like a primary residence. In sum, Pacaso's 22 homeowners are part and parcel of the underlying economic ecosystem of St. Helena. 23 6. Pacaso is and has always been —fully compliant with, and committed to 24 upholding, the laws and values of St. Helena. Despite the obvious opportunities to develop a 25 fruitful partnership, Defendants have rejected any attempt to embrace Pacaso and its homeowners 26 as the equal community members they are. Instead, they have taken aim at Pacaso, seemingly at 27 the behest of a few vocal St. Helena residents with improper outsider bias. 28 2
COMPLAINT CASE NO.

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28 7. Defendants' recent challenge to Pacaso was launched less than a year after they first attempted to regulate Pacaso, but were forced to accept that co -ownership structures like Pacaso's are lawful and not subject to Section 17.112.130.

8. On July 14, 2020, reacting to "concerns" from neighbors about a listing for a Pacaso home, then -acting City Attorney Karen Ueda prepared a Report to City Council (the "July 2020 Report" or "Report," attached as Ex. A hereto). Desperate for a way to regulate and control Pacaso and its homeowners, the City Council directed City Attorney Ueda to evaluate the scope of Section

17.112.130 and whether it applied to Pacaso.

9. The answer was plainly "no." The July 2020 Report concluded that "a timeshare use differs from a fractional or partial ownership of a property." Report at 323. Not only that, any attempted regulation of this type of ownership would run afoul of a basic premise of the limits on zoning authority: "[B]y law zoning regulations must focus on the use of the land." (Report at 325 (emphasis added).) The July 2020 Report acknowledged that this "fundamental challenge" could not be cured by amendment to Section 17.112.130, because "zoning based solely on ownership, as I opposed to the use of the land, is impermissible." Report at 326.

10. On July 14, 2020, City Attorney Ueda presented the findings of the July 2020 Report to the City Council and reiterated that the zoning code cannot regulate based on the identity of the homeowners: "Whether a residence is owned by a non -permanent city resident, for example, who may use that residence as a second home, isn't an issue that can be regulated by the zoning code. And so, we can't regulate based on the identity of the owner or of a tenant."' July 13, 12020, Meeting at 3:20-21.

11. Extensive discussion ensued at that meeting about the limitations and impropriety of 11 the City attempting to regulate partial ownership of single-family homes as reflected in numerous statements by City Council members including the Vice Mayor, including:
• Section 17.112.130 "was improperly written or inaccurately written" such that it does not cover partial ownership of a single-family home like a Pacaso home. (July 14, 2010, Meeting at 3:30.)
I Recording of July 14, 2020 City Council Meeting ("July 14, 2020, Meeting"), available at httas://sthelena.civicweb.net/document/42347?solitscreen—true&media-true&timestamn=l 1860.

II COMPLAINT
CASE NO.

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28 "My concern is that we're overreaching what we can do legally though by, from what I understand, we can't control how people own this. They're able to do it, and so I don't want us to go down the path of spending a lot of money trying to find our own way around what we can legally do. And I think that there's other ways to regulate that we have like in our ordinance such as if there are loud noises, if that's the issue, if there's loud partying after a certain amount of hours. That's the kind of thing that I'd be more interested in looking at than regulating who gets to own the property if this is something that by law can happen." (July 14, 2020, Meeting at 3:30-31.)
• "What you want and what's legal are entirely different matters. I think this is driven by case law and civil rights law and cases, you know, 1 could see the other side of this issue that we're not in the business of regulating families and how people come together to bity properties." (July 14, 2020, Meeting at 3:31-32.) • "[W]e don't want to go down a path where we're going to get sired because that doesn't make any sense either, and then we need to focus on the issue, the noise and the nuisance and be a little bit more robust on that part of it.... I know the case law is sort of against its on this." (July 14, 2020, Meeting at 3:32.)

12. in the face of these damning admissions —and without any changes in law or fact since July 2020--Defendants decided to change course in early 2021, threatening that unless Pacaso immediately ceased its efforts to market a home in St. Helena to prospective home buyers, it would contact all real estate agents in the area to "educate" them on the "illegality" of Pacaso's ownership model. Despite admissions on the public record from Defendant Walsh that the City had not yet been able to reconcile its newfound position with the clear guidance from former City Attorney Ueda, Defendants nonetheless followed through on their threat in an effort to chill real estate activity surrounding the Pacaso home —sending a letter to all real estate agents in the area that threatened sanctions if agents were to sell a purported "timeshare" property that was then currently listed on the MLS (i.e., the Pacaso property). Defendants' plan worked to perfection, as Pacaso has been contacted by numerous real estate agents and potential buyers, concerned about possible retribution from the City if they proceed with attempts to buy or sell the Pacaso property in St. Helena.

13. Pursuing enforcement that is at odds with the City Attorney's own position on 11 Section 17.112.130 is deeply problematic, violative of Pacaso's rights, and confirms that its latest attempt to interfere with Pacaso's operations and homeowner activity is motivated by an improper purpose.
4 COMPLAINT
CASE NO.

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28 14. Indeed, the City's reliance on Section 17.112.130 is nothing more than a pretext to erect barriers and deny homeownership to new diverse residents, and to control )Pho owns and occupies a particular residence. This unlawful and exploitative conduct must be stopped.

THE PARTIES

15. Pacaso is a corporation formed under the laws of Delaware, doing business as "Pacaso," and headquartered in San Francisco, California. Pacaso, which previously operated under the brand name "Niner Homes," first started operations in 2020. It launched as Pacaso in October 2020. Pacaso currently owns and/or manages at least five single-family homes in the City of St. Helena.

16. PAC 6 CA 2021 LLC, a California limited liability company, is the property - specific LLC that owns deeded title to 1242 Madrona Ave., a single-family residence located in St.

Helena.

17. The City of St. Helena is a municipality in Napa County, California and is part of the North Bay Region of the San Francisco Bay Area. St. Helena is a General Law City and operates a Council -City Manager style of government and derives its power from the California Constitution and laws enacted by the State legislature.

18. Defendant Maya DeRosa is the Planning & Building Director of St. Helena. In this role, she is responsible for reviewing, revising, and implementing St. Helena's General Plan and zoning ordinances. She provides regular staff support for the City Council and Planning Commission. As the Planning & Building Director, DeRosa has "the authority and powers necessary to gain compliance with the provisions of this code and applicable state codes," and is "considered to be [an] enforcement official[]." Section 1.12.040.

19. Defendant Geoff Ellsworth is the Mayor of St. Helena. The City Attorney acts II under the Mayor and City Council's direction. Defendant Ellsworth served as City Council 11 member from November 2016 until he was elected Mayor in November 2018. The Mayor presides 11 over City Council meetings, signs official documents, and officiates at ceremonies and events. The Mayor is elected at -large to serve a two-year term as presiding officer at City Council meetings and as the official head of the City for legislative purposes. 5 II COMPLAINT
CASE NO.

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28 20. Defendant Ethan Walsh is the City Attorney of St. Helena. As City Attorney, Mr.

Walsh is responsible for providing legal advice to the City Council and staff in carrying out their duties in the operations of the City government. Mr. Walsh is responsible for bringing about suits on behalf of the City.

21. Doe Defendants #1-5 may include St. Helena City Council members including Vice Mayor Paul Dohring, Anna Chouteau, Lester Gardy, and Eric Hall. Although certain of their names are known, the basis for liability against the Doe Defendants has yet to be determined, because the full extent of their involvement in the ongoing violations of Pacaso's rights will only be uncovered through discovery. These members have collectively represented the City Council since November 2020, with Vice Mayor Dohring and Anna Chouteau serving since 2018. The City Council is the legislative and policy -making body of the City of St. Helena. Acting as a whole, but bearing individual responsibility, these members are responsible for setting the direction of City policy and for adopting ordinances, resolutions and other orders as necessary for governing the City. Given the lack of transparency around the City Council's involvement and Defendants' decision to depart from the July 2020 Report and to start enforcing Section 17.112.130 against Pacaso, Pacaso is ignorant of the true names of the Does who are also directly responsible for the conduct giving rise to the causes of action herein. Pacaso will later seek to amend the complaint to include the true names of the defendants once ascertained through discovery.

JURISDICTION AND VENUE

22. As this case involves questions which arise under the U.S. Constitution and the laws of the United States, the jurisdiction of this court is invoked pursuant to 28 U.S.C. § 1331. This action is authorized by 42 U.S.C. § 1983. The Court has jurisdiction to issue relief pursuant to the Declaratory Relief Act, 28 U.S.C. §§ 2201 and 2202. This court has jurisdiction to hear Plaintiffs' pendent state claim through the doctrine of supplemental jurisdiction set forth at 28 U.S.C. § 1367.

23. This district is the proper venue and jurisdiction to the location of some or all of the Defendants, and the location where the injury occurred, under 28 U.S.C. § 1391(b).

II COMPLAINT
CASE NO.

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GENERAL ALLEGATIONS

1. Pacaso Seeks To Democratize Second Home Ownership In St. Helena

24. Pacaso (formerly known as Niner Homes) launched in October of 2020 introducing a new pathway for second home ownership.

25. Pacaso currently owns and/or manages five single-family homes in the City of St.

Helena.

26. Pacaso lowers the barriers to the second home market by simplifying and streamlining the co -ownership process by reducing costs and making ownership possible at a more accessible price point. Pacaso organizes the ownership group, manages the legal process, and provides a management service to streamline the home ownership process for the co -owners.

27. Pacaso further facilitates broader access to the second home market by allowing co - owners to buy partial interests in real property. Pacaso creates a property -specific LLC for each home, which owns deeded title to the real property. Then Pacaso organizes and vets a maximum of eight co -owners, who hold co -ownership interests in the LLC and co-own the home in increments ranging from 12.5% to 50%.

28. The co -owners can purchase their desired ownership interest based on their expected occupancy needs, financial means, and even in certain circumstances their desire to participate in the LLC with co -owners of their choosing. At closing, the co -owners enjoy 100,k0 ownership in the property, and Pacaso's only role remains to serve, at the discretion of the homeowners, as program manager overseeing the LLC and employing local businesses to care for I the home.

29. The concept of co -ownership through an LLC is far from new. In St. Helena, property ownership through LLCs or other vehicles that facilitate multiple owner arrangements is very common. But Pacaso simplifies the process in a novel way that makes the experience accessible to people who lack the resources or time to own and manage a whole second home. As a result, Pacaso has made second home ownership available to a broader set of people, including those in traditionally diverse and underrepresented communities. 11 7
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30. In short, Pacaso's model seeks to enrich the lives of new and diverse second home owners and open the second home market, which has traditionally only been accessible to affluent and predominantly white buyers. Pacaso specializes in top second home destinations and is currently focused on 25 markets across 10 states.

31. This is especially true in St. Helena. In St. Helena, second home ownership has typically been possible only for elite and predominantly white buyers, particularly on St. Helena's affluent west side. In contrast, Pacaso's owner group is organically diverse; approximately 66% of Pacaso homeowners in St. Helena and 25% of Pacaso's total owner group are non -white or identify as LGBTQ+.

U. Pacaso Shifts Demand Away From The More Limited Supply Of Affordable Homes And Ensures Second Homes Are Fully Utilized

32. The workforce housing challenges in St. Helena are acute, and much of this shortage can be attributed to second home buyers purchasing moderately priced whole homes.

33. Since 2018, only 7% of homes sold in St. Helena were sold below $500,000, and 82% of those properties were purchased by second home buyers.

34. Pacaso's approach helps relieve competition for more affordable homes by giving second home buyers a better option. Instead of competing for a whole home valued at $525,000, for example, Pacaso offers second home buyers an option to be co -owners of a $4-5 million property for the same price. lust one Pacaso home can remove up to eight buyers from local competition.

35. Second homes are notorious for sitting empty much of the year. In contrast, Pacaso- managed homes are fully utilized, which means that Pacaso homeowners engage in their community and support local businesses year-round.

36. lust like their neighbors, Pacaso homeowners make large financial investments in their homes and bring an owner mentality, not a vacation mentality, to their use of the property.

Short-term rentals are strictly prohibited, and all owners agree to Pacaso's policies, which prohibit large events or parties. A Pacaso home in St. Helena is subject to all of the same noise and II nuisance ordinances that apply to other single-family residences. 8 11 COMPLAINT
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111. In Ju
Time
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A.

37. which states:
he
Overview Of Section 17.112.130, The City's Time -Share Project Ban The City of St. Helena has a time-share ordinance, codified in Section 17.112.130, The creation of a time-share project as a means of ownership of any single-family, two-family or multiple -family dwelling or any apartment house shall be prohibited within the city.

38. Section 17.112.130 sets forth a series of definitions —which are both circular, vague, and incomplete. For example, a "Time-sharing project" is defined as "any real property that is subject to a time-share program." Section 17.112.130(B). 2

39. In turn, "time-share program" is defined to mean "any arrangement for time-share intervals [which is later defined as either a time-share estate or a time-share use] in a time-sharing project whereby the use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals ...." Id. (emphasis added).

40. Section 17.112.130 defines "time-share estate" as ownership in a "property devoted to a time-share fee" and "time-share use" means "any contractual right of exclusive occupancy, which does not fall within the definition of a time share estate, including, without limitation, a vacation license, prepaid hotel reservation, club membership, limited partnership, or vacation I bond." Id.

B. Under Defendants' Own Analysis, Section 17.112.130 Does Not Apply To Pacaso

41. Defendants are carrying out an enforcement campaign against Pacaso that is in direct conflict with a position that City Attorney Ueda took in a written report and oral presentation 2 The ordinance also defines "offering" as "any offer to sell, solicitation, inducement or advertisement, whether by radio, television, newspaper, magazine or by mail, whereby a person is given an opportunity to acquire a time-share interval of a residence within the city," but "offering" is not used anywhere in Section 17.112.130 or its definitions. (coni'd)
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28 to the City Council in July 2020.3

42. The July 2020 Report was undertaken based on purported "concerns raised by both City residents and Council members after some residents discovered a real estate listing for a fractional or partial ownership interest in a residential home in town." Report at 323

43. As City Attorney Ueda and Maya DeRosa herself concluded, "timeshare use differs from a fractional or partial ownership of a property." Id.

44. Indeed, after laying out the "fairly circuitous definition" —as the City Attorney described it "to determine if a project is a prohibited timeshare or not," the City Attorney conceded the differences between a time-share and a fractional ownership:

What emerges from these various definitions is that a timeshare, as defined in the City's Zoning Code, is not identical to a fractional or partial ownership; but, rather, a timeshare involves an ownership arrangement where the owners have purchased an allotted amount of time to use the property (a timeshare interval). The Code also notes that timesharing projects have the same character as commercial hotels and other transient uses. (Report at 324 (emphasis added).) ' DeRosa, in her capacity as Planning & Building Director of St. Helena and acting under the color of law, approved the report and participated in the July 14, 2020 meeting at which its findings were presented, which both concluded that the time-share ban does not apply to a co - ownership models like Pacaso's, and that Pacaso's operations do not violate the ordinance.

Ellsworth, in his capacity as Mayor of St. Helena and acting under the color of law, and the City Council also participated in July 14, 2020 meeting. See July 14, 2020, Meeting at 3:29; see also Regular City Council Meeting, August 11, 2020, at 39,
https:Hsthelena.civicweb.net/document/43063/Regular%2OCity%2OCouncil%20%2011 %2OAug% 202020.pdf?handle=838240E840OF467DA80B707D222A9EA8. As such, Ellsworth was made aware of the July 2020 report and the issues surrounding application of the time-share ordinance against fractional or partial co -ownership structures. 4 In the July 14, 2020 meeting regarding its findings, the discussion referenced "this particular piece of property" —Le., the Pacaso home that was the subject of Defendants' earlier correspondence. July 14, 2020, Meeting at 3:35. That this "piece of property" is a Pacaso property is confirmed by the fact that a City Council member stated that this property came to the attention of the City by way of a complaint from neighbors, as indicated in the City's May 22, 2020 Letter.

Further, City Attorney Ueda later confirmed during the discussion that the structure of the "particular piece of property that we're talking about" was through a corporation (which is the exact structure of a Pacaso home).
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45. The City Attorney further admitted that its time-share ordinance cannot regulate "based solely on ownership" —which is exactly what the City's recent challenge to Pacaso attempts to do:
[Z]oning based solely on ownership, as opposed to the use of land, is impermissible. Timeshare regulations should, thus, focus on the type and use of the property and its related impacts, such as specific intervals of exclusive occupancy that render the use more akin to a transient commercial use. (Report at 326.)

46. The July 2020 Report identifies that this is indeed the goal of enforcement efforts against Pacaso, stating that the analysis stems from "a concern that non permanent City residents are purchasing property in St. Helena as a second home(s) either for themselves or their guests." Report at 325. Thus, the City Attorney cautioned against the very path that it is now pursuing:
"[Z]oning regulations may not target individuals. In other words, the City may not adopt a zoning regulation based on the identity of a tenant or where a particular resident permanently resides." Id. (citing Friends of Davis v. City of Davis, 83 Cal. App. 4th 1004, 1013 (2000)).

47. In fact, the City Council members were unable to state even one permissible purpose, goal or non -suspect reason to justify application of the time-share ordinance against partial co -ownership structures like Pacaso's. Rather, the primary concern identified at the July meeting was "different people coming in and out of the unit or house" (July 14, 2020, Meeting at 13:25):
l think what concerns me about [Pacaso homes] and what the neighbors raised was, instead of having one family living next door to you, you have maybe six, and you know they'd alternate when they arrived and they felt, I think they alluded to it being like a short- term rental. But it certainly maybe isn't what the people think when you buy a single-family dwelling in an area that is known for single- family homes. I know over the years the definition of what's a family has gotten broadened, but I'm just wondering if there's a way to address the concerns of the neighbors if you see one because I'm sympathetic to ... what they're saying. We have multiple people next door coming in and out. It's not really short term rental, but what can we do about that? Anything? (July 14, 2020, Meeting at 3:24-25.)

48. This purported "reason" clearly targets individuals and "the identity of a tenant or where a particular resident permanently resides" —which is strictly impermissible (see infra at

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¶¶ 113-127). In fact, the City Attorney was forced to admit that this was improper grounds for invoking Section 17.112.130 and inconsistent with the purpose behind the ordinance:

If the issue is primarily that there are different people coming in and out of the unit or house, then I'm not entirely sure what can be done about that .... The direction that it's gone in, in terms of potential regulation, is that if there's a concern about impacts that are caused from having too many people basically at a particular residence, [then] those impacts can be addressed by current standards in place for noise and parking standards and that type of tiring. So I think it's one thing to talk about people versus you know the potential impacts that could result. (July 14, 2020, Meeting at 3:25-26.)

49. The discussion of the July 2020 Report further confirmed Defendants' intent to improperly target particular types of homeowners. Notably, City Attorney Ueda confirmed that the City would ideally want to exclude certain types of owners based on family or friend relationships, from being barred from partial ownership of a residence in St. Helena:

I do think the hardest part is really figuring out how to define the issue and the scope, right, because if we're getting at multiple ownership of one piece of property, it's really challenging to figure out a way to define that that doesn't preclude people who really do need to go buy a piece of property for financial reasons.... They may all befriends or family members, and I don't think that's the type of activity that the City would want to preclude, and that's the challenge that we have in trying to figure out how to define this in a way that would work. (July 14, 2020, Meeting at 3:33-34.)

50. City Attorney Ueda also stated concerns over the "significant practical challenges to implementing and enforcing the existing timeshare regulations." Report at 325. This is because it lacks visibility into each residence's ownership structure and "[t]he City does not have an easily available means to scrutinize such agreements or monitor the terms of particular ownership arrangements." Id. As a result, and by its own admission, the City's outreach to Pacaso is targeted and arbitrary, based solely on a "tip" from a real estate agent.

51. Further, City Attorney Ueda conceded that the "City's code appears to try to ... regulate timeshare uses as a commercial use." Report at 325. As explained below, Pacaso homes are strictly residential homes with no commercial purpose (see infra at ¶¶ 55-63).

52. In providing an example of a joint ownership scenario that does not trigger the City's time-share prohibition, the City specifically described a scenario where a residence is owned by multiple people who each do not choose to live in the residence, but the "joint or partial 12 COMPLAINT
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ownership of the residence would not be considered a timeshare" because each "member could have equal access to the residence (as opposed to purchasing a limited amount of time)." Report at 326. This is Pacaso's model and Pacaso's homeowners do not "purchase a limited amount of time" in the residence.

53. In fact, the distinction between a "time-share" and other types of partial or fractional ownership structures is so obvious that even the National Association of Realtors (one of the most trusted sources for matters relating to residential real estate) explicitly acknowledges these distinct concepts:

Fractional interest ownership, once used primarily with commercial tenants -in -common, has recently blossomed in the vacation home market. Not to be confused with a time-share or a destination club, fractional interest properties can be a sensible and profitable alternative to owning a second home.5

54. Consistent with its correspondence with Pacaso and public statements regarding the inapplicability of Section 17.112.130 to Pacaso, Defendants did not attempt to further interfere with Pacaso or its homeowners until recently.

A. Pacaso Is Not A "Time Share Project"

55. The City's July 2020 analysis flows from the simple and indisputable fact that I Pacaso's small co -ownership model is starkly different from any "time-share project" purportedly covered by Section 17.112.130 or that is properly the subject of any zoning regulation.

56. Pacaso creates a property -specific LLC for each home, which owns deeded title to the property. Then Pacaso organizes and vets a maximum of eight co -owners, who have an ownership interest in the LLC and co-own the home in increments ranging from 12.5% to 50%.

The co -owners can purchase their desired ownership interest based on their expected occupancy needs, financial means, and even in certain circumstances their desire to participate in the LLC with co -owners of their choosing. At closing, the co -owners enjoy 100% ownership in the property, and Pacaso's only role remains as program manager overseeing the LLC. 5 See Def. of Fractional Interest Ownership, National Association of Realtors, at https://www.nar.realtor/fractional-interest-ownership . 13 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Piled 04/06/21 Page 15 of 50 1 57. Pacaso's homeowners do not merely own the "right of exclusive occupancy," (Def. 2 of "Time-share use," Section 17.112.130(B)) or a "use, occupancy or possession" right that 3 "circulates among purchasers ... according to a fixed or floating time schedule on a periodic basis 4 for a specific period of time during any given year" (Def. of "Time-share program," Section 5 17.112.130(B)). Nor do they participate in an "arrangement for time-share intervals." Def. of 6 "Time-share program," Section 17.112.130(B).
7 58. Rather, just like any other residential homeowner, Pacaso homeowners own a real 8 property asset in a single-family home that includes real property interests, rights and obligations. 9 An interest in a time-share project is vastly different from the rights inherent to real property co- 10 ownership, including possession, control, exclusion, and disposition. Indeed, a Pacaso homeowner, 11 just like any other homeowner, has rights ivell beyond a situation whereby "somebody literally gets 12 a limited amount of time in a particular piece of property to use," which is how a "timeshare" was 13 described by City Attorney Ueda. July 14, 2020, Meeting at 3:19. 14 59. Instead, Pacaso homeowners have inherent and inalienable rights inherent to 15 owning property, which include the right to possession, to control, to use and quiet enjoyment, to 16 privacy and to exclude others, to sell the property, to physically be on the property, to leave the 17 property, to choose who else can be on the property, to build or alter the property, to make 18 improvements or refurbish the property, and to sell or dispose of the property, among many other 19 rights.'
20 60. Pacaso's involvement in management of the home, at the election of the home's co- 21 owners, does not change the nature of the homeowners' interests and rights. Pacaso supports 22 owners as a program manager, making their ownership experience seamless through LLC and 23 property management services, interior design, scheduling service, and concierge services. In fact, 24 25
26 ' Further, an owner of a "time-share" interest, as opposed to an owner of a single-family 27 home, is typically a member of a large commercial development of density, whereby multiple unrelated occupants are using the overall property at the same time, buying not for the purposes of 28 real estate ownership, but for purposes of enjoying or benefiting from the time-share program or amenities.
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Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 16 of 50 1 if Pacaso homeowners collectively agree that Pacaso's services are no longer desired, the owners 2 can choose to terminate their relationship with Pacaso and self -manage their property. 3 61. Plainly, Pacaso co -owners are not merely purchasing "time-share intervals." Def. of 4 "Time-share program," Section 17.112.130(B). Pacaso homeowners' ability to stay in the home is 5 not capped. Subject to availability and covering operating and ownership costs, a Pacaso co-owner 6 can spend more time in the house, beyond the default time attributable to each co -owner's 7 ownership stake. Co -owners' ability to spend time in the home is fluid and flexible. 8 62. Further, Pacaso homeowners are true owners with complete control of their home 9 and expansive rights, rather than merely having a right of "use, occupancy or possession" that is 10 limited to a time schedule. Def. of "Time-share program," Section 17.112.130(B). For example, 11 Pacaso homeowners have the right to store their personal possessions on the property year round. 12 Pacaso homeowners are also heavily involved in all levels of management and decision -making 13 regarding the property. They vote on matters such as selecting and replacing the program manager, 14 renovations on the home or other changes to the interior or exterior design, and various other 15 fundamental homeownership matters. Co -owners can even sell the home outright. Pacaso is 16 merely a service. Ultimately, Pacaso homeowners have complete control. 17 63. It is clear that Pacaso's properties do not fall within the purview of the City's time- 18 share ordinance, which on its face does not apply to real property co -ownership structures like 19 Pacaso's.
20 B. Section 17.112.130's "Findings and Purpose" Confirm that the Ordinance Does Not Apply to Pacaso
21 22 64. It is abundantly clear from the "Findings and Purpose" of Section 17.112.130 that 23 Pacaso homes are not a covered "time-share project." Section 17.112.130 includes the following 24 express purposes for the time-share ban:
25 1. There is a critical shortage of affordable housing in the city for long-term occupancies (more than six months annually), and the availability of additional residential dwelling 26 units is substantially restricted by the growth management system; 27 2. The conversion of residential dwelling units within the city to time-sharing projects eliminates residential dwelling units otherwise available for long-term occupancies 28 (more than six months annually) in the city;
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3. Time-sharing projects have the same character as commercial hotels, motels and other transient occupancy uses due to their transient nature and to the multiple short-term (less than six months annually) occupancies by those participating in time-sharing projects;

4. Such commercial or quasi -commercial like use is inappropriate in residential areas due to the increased traffic generation and multiple occupancies disturbing the peace and quiet of residential neighborhoods; and

5. The city council finds and determines that this section is necessary to protect the public health, safety and welfare of the citizens of the city.

Section 17.112.130(A).

65. The City's attempt to obstruct Pacaso's operations lacks any rational connection to any of the stated purposes behind Section 17.112.130.

66. Targeting Pacaso does nothing to ensure homes are available for long-term occupancies. The City lacks all visibility and control into how much time homeowners intend to spend in their homes. Preventing Pacaso from buying properties does nothing to prevent other prospective buyers from buying the home as a second home that will remain unoccupied for the majority of the year, or that will be rented for periods under six months, or who buy anticipating the ability to use it for short-term rentals, among other non "long-term occupancy" uses.

67. In fact, Pacaso has the exact opposite effect by redirecting second homeowners who Iwould have otherwise purchased affordable inventory needed by the local workforce to homes at a higher price point.

68. Pacaso homeowners are long-term oriented (like most homeowners) and have materially different incentives with respect to their conduct, use and treatment of the home as compared to short-term renters. This is because Pacaso homeowners are directly invested in the home, its surrounding neighborhood and community, and the long-term maintenance and success of the property and community at large. Pacaso homeowners are true homeowners who own for their personal use and enjoyment, not for profit. They can sell their interest at any point after the II first year of ownership by listing the property on the Multiple Listing Service ("MLS") with a local real estate agent, and they are strictly prohibited from renting out the property at any point to anyone. In fact, Pacaso homeowners are "long-term" occupants under the City's stated "six- month" standard (Section 17.112.130(A)), as Pacaso homeowners are strictly prohibited from 16 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 18 of 50 1 selling their interest at any point before the first year of ownership or from renting out the property 2 at any point to anyone.
3 69. In contrast, a time-share typically entails merely the right to use a fixed amount of 4 time in a property. A time-share is highly restrictive in terms of resell ability, pricing and control. 5 Time-share interests are usually held in multi -unit buildings or resort properties and use of the 6 property is typically split across a large number of investors. Owners of a time-share interest are 7 unlikely to have any interactions, let alone form a community. Behaviorally (and due to the nature 8 of the properties, the structure of time-share ownership, and nature of the investment), time-share 9 owners resemble short-term renters or hotel guests.
10 70. Nor is there a rational relation between the City's stated purpose of banning 11 "commercial or quasi -commercial like use" in residential areas, such as that which results from 12 "commercial hotels, motels and other transient occupancy uses," and any enforcement measures 13 taken against Pacaso (Section 17.112.130(A)). Pacaso is a purely residential co -homeownership 14 structure that lacks any resemblance to such "commercial or quasi -commercial like use." 15 71. Pacaso's homes are subject to the same residential occupancy rules as other homes, 16 and homeowners respect the same rules that other owners are expected to follow. Unlike 17 commercial properties, which are required to offer parking for each individual guest room, Pacaso 18 homes are single-family homes with two parking spaces per dwelling unit, as required by Section 19 17.124.030.
20 72. Moreover, Pacaso co -owners use their homes in a way that is wholly consistent with 21 other single-family residences. Their use does not cause "traffic generation and multiple 22 occupancies disturbing the peace and quiet." Section 17.112.130(A)(4). Just like all other single- 23 family homes, there is only one co-owner using the property at a time; co -owners agree not to have 24 large events or parties; co -owners adhere to a 9 pm to 7 am quiet hour policy; co -owners agree not 25 to rent the home to third parties; and Pacaso encourages homeowners to avoid parking on the street 26 unless absolutely necessary. There is nothing "transient" or "commercial" about the co -owners 27 who choose to share home ownership of property in St. Helena. In sum, Pacaso homeowners are 28 17
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Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 19 of 50 1 no different from other homeowners in St. Helena; Pacaso and its co -owners are dedicated to 2 ensuring the peace, safety, and welfare of the citizens of St. Helena. 3 73. Indeed, in discussing the July 2020 Report, City Council members confirmed that 4 the primary purpose behind the time-share ordinance is to regulate commercial uses. For example, 5 one City Council member stated: "First of all, I think our whole timeshare thing probably came 6 into being when Rodney Friedrich brought his hotel forward." July 14, 2020, Meeting at 3:24. 7 This reference was to a hotel development approved by City Council in 2010, for a 60-room hotel 8 which would sell shares in the hotel rooms.
9 74. Further, the then -acting City Attorney stated: "[I]n a nutshell, the prohibition [is] ... 10 based, in part, on findings that the city council made, that timeshare uses are commercial for quasi- 11 commercial uses that serve to reduce available residential housing and increase traffic and noise 12 impacts." July 14, 2020, Meeting at 3:18. Thus, time-share ordinances generally "treat timeshares 13 as commercial uses, often times in buildings that are like high rise condo -type buildings to other 14 fractional ownership hotels." July 14, 2020, Meeting at 3:20 (emphasis added). 15 75. On the other hand, as noted by City Attorney Ueda, "fractional or partial ownership 16 interests may not necessarily trigger any concerns as more commercial uses would because, for 17 example, multiple members of one family could decide to purchase a residence together, they may 18 not stay there all at the same time, but they wouldn't necessarily be having interest like a timeshare 19 either." July 14, 2020, Meeting at 3:21-22.
20 76. Pacaso and its homes do not implicate these "commercial" uses. As a result, the 21 City Council members were unable to state even one purpose, goal or non -suspect reason to 22 justify application of the time-share ordinance against partial co -ownership structures like Pacaso's 23 (see supra at T¶ 47-49), and the City Council was forced to admit that the primary concern 24 identified at the July meeting (i.e., "different people coming in and out of the unit or house") is 25 clearly impermissible (id; see in at ¶¶ ! 25-27).
26 77. Nor do Pacaso homes detract from the City's goal of ensuring availability of 27 "critical shortage of affordable housing in the city." Pacaso's service reduces competition for 28 housing inventory critically -needed by the local workforce. Today, St. Helena's median home 18 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 20 of 50 1 value of $1.65 million is at odds with its median household income of $90,031; most of those 2 employed in St. Helena cannot afford to live there. Pacaso offers second home buyers a better 3 option than a whole home, thus redirecting second home buyers away from the low inventory 4 available at that level.
5 78. The major disconnects between the stated goals underpinning Section 17.112.130, 6 Pacaso's model, and the City's latest enforcement efforts against Pacaso suggest that the City's 7 reliance on Section 17.112.130 is nothing more than a pretext to deny homeownership to new, 8 diverse residents.
9 IV. Defendants Communicated To Pacaso Nearly A Year Ago Its Conclusion That Section

17.112.130 Does Not Apply To Pacaso
10 11 79. The City first raised the issue of the time-share ban with Pacaso (formerly Niner 12 Homes) in May 2020. On May 15, 2020, Maya DeRosa, in her capacity as the Planning & 13 Building Director of the City of St. Helena, sent a letter on behalf of the City to a Pacaso 14 homeowner, giving notice that "if' the home located at 1005 Valley View Street were "used as a 15 timeshare or short term rental," such use would be impermissible pursuant to the City Municipal 16 Code. May 15, 2020 Letter. Those cc'd on the letter included: Elizabeth Oicott with Keller 17 Williams; City Attorney Ueda, City Attorney; and Mark Prestwich, City Manager. Id. 18 80. On May 19, 2020, Pacaso responded on behalf of the Pacaso homeowner, 19 explaining why Pacaso's operations do not violate such ordinances and that the homeowner's use 20 of his property was entirely consistent with such laws. May 19, 2020 Letter. 21 81. On May 22, 2020, Maya DeRosa, cc'ing Mark Prestwich and City Attorney Ueda, 22 replied on behalf of the City thanking Pacaso for providing an explanation of its proposed property 23 ownership structure, its proposed use of the property, and the reasons Pacaso does not fall within a 24 timeshare model .7
25 26
27 7 Defendant Maya DeRosa instructed the Pacaso homeowner to "direct any future 28 correspondence through [her] on this matter as [she is] the designated point of contact for the City." May 22, 2020 Letter at 2.
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Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 21 of 50 5 1 82. Notably, in the May 22, 2020 letter, DeRosa and the City, tacitly acknowledging 2 that Pacaso is not a "timeshare project," dropped any reference to a violation of the City's time- 3 share ordinance, giving Pacaso the presumed green -light to move forward with its operations from 4 this standpoint. Instead, the May 22, 2020 letter challenged only the homeowner's alleged posting 5 of his home on "Luxury Retreats" for short-term rentals without a permit to do so. 6 83. Pacaso responded on May 26, 2020, confirming that the property would not be used 7 as a short-term rental property in the future and that the homeowners would remove any posting on 8 the "Luxury Retreats" website. May 26, 2020 Letter.
9 84. Following this initial exchange with the City, Pacaso moved forward with its 10 operations, investing material resources, time, and efforts, in reliance on the City's representations 11 that Pacaso's operations were permitted.
12 V. Des ite Its Legal Conclusions That It Cannot Re ulate Pacaso Defendants Have Now Proceeded To Unlawfully And Brazenly Enforce The Ordinance Against Pacaso 13 14 85. Against the backdrop of Defendants' repeated conclusions that the time-share 15 ordinance does not apply to fractional co -ownership structures like Pacaso's and that the time-share 16 ordinance would need to be amended in order to reach such structures, Defendants, acting under 17 the color of law, have nevertheless sought to enforce the time-share ordinance against Pacaso. 18 86. The change in position and determination to enforce the ordinance against Pacaso, 19 absent any change in facts or law, is untimely, unfounded, and suspect. 20 87. In January 2021, a real estate agent for Pacaso received a letter from DeRosa 21 regarding four Pacaso property listings, inaccurately charging that the properties are subject to the 22 City's time-share ordinance. Jan. 25, 2021 Letter. With full knowledge and awareness of the 23 chilling effect that her actions —as a enforcement official under St. Helena's Municipal Code- 24 would have, DeRosa requested that the letter be forwarded to "the buyer and the buyer's agent" (id. 25 at 1), and "any other agents that share these listings" to ensure that no zoning violations occur (id. 26 at 2).
27 88. DeRosa's letter had only one purpose: to knowingly and falsely invoke Section 28 17.112.130 to prevent Pacaso and its homeowners from determining to share ownership of a home 20 COMPLAINT CASE NO.

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89. Ellsworth and City Council approved and were cc'd on the January 2021 letter, which they knew was inaccurate and sent with an improper purpose. Nonetheless, they failed to intervene to correct or retract the letter.

90. In response, Pacaso contacted DeRosa to confirm, again, that Pacaso is not a time- share, nor does the service allow time sharing use, and that Pacaso prohibits short-term rentals.

91. Next, at a City Council meeting on February 9, 2021, City Attorney Walsh again raised the issue of Section 17.112.130. City Attorney Walsh's update to the City Council and St.

Helena residents confirms that he and the City had not reached a different conclusion regarding the time-share ordinance since the conclusion reached in its July 2020 Report.a Instead, City Attorney Walsh conceded that he and the City were still "looking at" and "delving further into that issue" (the applicability of the zoning ordinance), confirming that they had not yet determined what to do regarding co -ownership structures like Pacaso's and whether such structures could be regulated under the time-share ordinance. City Attorney Walsh further stated that he and the City were "looking into both what we can do under our current regulations and potentially looking at some 8 Ellsworth, in his capacity as Mayor, along with Paul Dohring, in his capacity as Vice Mayor, and Anna Chouteau, Eric Hall and Lester Hardy, in their capacities as City Council members, also attended the February 9 City Council meeting. See February 9, 2021 City Council Meeting Agenda, at https://sthelena.civieweb.net/filepro/documents/48295?preview--48296 .

Ellsworth, Dohring and Chouteau were made aware of and participated in discussions regarding the July 2020 Report, including the fact that applying the time-share ordinance against partial co - ownership structures like a Pacaso home was impermissible, unconstitutional, and exceeded the scope of the City's zoning authority and police power. Defendant Ellsworth, and Council Members Dohring and Chouteau were thus on notice that City Attorney Walsh was continuing to consider such impermissible actions, despite the July 2020 Report. Ellsworth had the power to prevent the City Attorney Walsh from taking such actions, but failed to intervene, as evidenced by the enforcement efforts against Pacaso that followed.
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changes to the existing regulations," confirming the need to amend the time-share ordinance in order for such co -ownership structures to be subject to the ordinance was still being considered.9

92. Nonetheless, and in the face of these statements, the very next day on February 10, 2021, City Attorney Walsh sent a letter to Pacaso stating that the City "disagrees" that "Pacaso is not operating a timeshare in St. Helena," and threatening "to enforce its restrictions on timeshares" as well as "action to educate brokers and the public about the illegal nature of Pacaso's timeshares." Feb. 10, 2021 Letter. City Attorney Walsh suggested that the City's challenge was purportedly `'[b]ased on the evidence that the City has received" about "the nature of Pacaso's and its buyers' intended use" of Pacaso homes, yet did not provide or describe such `.evidence." Id. at 1.

93. Despite being unable to point to any alleged "evidence," and without any law or authority supporting his conclusion (which directly contradicts the earlier, reasoned analysis), the City Attorney improperly placed the burden on Pacaso, inviting it to "convince" the City that it was not subject to the time-share ordinance. "If Pacaso convinces the City that Pacaso's—and its buyers' —intended use of residential property in the City does not constitute a timeshare under state law and regulations or the City's code, the City will not apply the timeshare -prohibition." Id.

94. Meanwhile, to effectively foreclose any ability of Pacaso homeowners to become part of the City of St. Helena community (and thereby eliminate the need for the City Council to reconcile its elitist position with the plain language of the time-share ordinance), the City Attorney sent a threatening letter regarding timeshare regulations to all City listing agents and brokers on March 16, 2021 (the "March 2021 Letter") alleging that the City's timeshare regulations apply to co -ownership —thereby chilling, under threat of fines and other penalties, any desire on the agents' part to be involved in a sale of ownership interests in Pacaso properties in St. Helena. 10 9 See February 9, 2021 City Council Meeting at 14:11-14:42 at https://www.youtube.com/watch?v=XUTsUdZ5wA8&t=759s&ab channel=CityofSt.Helena. 10 City Attorney Walsh was not acting within the scope of his official discretion when he sent the March 2021 Letter and performed other acts in furtherance of enforcing the time-share ordinance against Pacaso. City Attorney Walsh was merely attempting to implement a policy decision reached by the City. Those acts were not taken as part of any policy -making functions. In (con/ 'd)
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95. City Attorney Walsh expressly warned that his letter applied to "several properties that are currently fisted for sale"— plainly linking his notice of purported zoning violations to listings for interests in Pacaso homes. March 2021 Letter at 1.

96. Thus, City Attorney Walsh's March 2021 Letter to all real estate agents and brokers in St. Helena is the manifestation of this very threat "to educate brokers and the public about the illegal nature of Pacaso's timeshare" (Feb. 10, 2021 Letter), and constitutes the City's determination that it was "not convinced" that Pacaso's operations are permitted under Section

17.112.130.

97. City Attorney Walsh was not acting within the scope of his official discretion when he sent the February 2021 Letter or March 2021 Letter and determined to enforce the time-share ordinance against Pacaso; his actions were attempts to implement a policy decision, which he had no basis to reach, given the conclusions reached in the July 2020 Report. In light of the opposite conclusion reached in the June 2020 Report, he acted without due care by sending the February 2021 Letter in an effort to enforce the time-share ordinance against Pacaso.

98. Defendant Ellsworth had the power to prevent and should have prevented City Attorney Walsh from sending the February 2021 Letter and March 2020 Letter, but failed to intervene in order to stop the impermissible application of the time-share ordinance against Pacaso.

Defendant Ellsworth knew that City Attorney Walsh's conduct would violate Pacaso's rights, as it constituted unlawful selective enforcement against Pacaso and violated Pacaso's due process rights by applying Section 17.112.130 in a manner that directly conflicted with the earlier analysis of the scope of the ordinance. E I
I light of the conclusions reached in the June 2020 Report, City Attorney Walsh acted with full 1 knowledge of the wrongfulness of his conduct.

I i Moreover, "[s]tate law prohibits [St. Helena City] Council from taking action on any item not listed on the agenda." See St. Helena City Council Home, at https://www.cityofsthelena.orgfbc-citycouncil . Following the July 14, 2020 meeting (which included on its agenda both the item for "Discussion Regarding Timeshare issues" and an attachment to the July 2020 Report (see Agenda Item 11.2 at https://sthelena.civicweb.net/document/42347?splitscreenrtrue&media— true&timestamp=11860)), City Attorney Walsh, acting at the direction of City Council, nevertheless took an action at odds with the conclusion reached in the July 2020 Report and the July 14, 2020 City Council discussion without re -adding this item to any subsequent agenda for further discussion —including the (cons 'd)
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28 99. On March 17, 2021, Pacaso responded to City Attorney Walsh, identifying the myriad ways in which the City's challenge to Pacaso is flawed and unsupported by fact or law.

Pacaso requested confirmation by April 1, 2021, confirming that the City would adhere to the analysis and conclusions from the July 2020 Report, and would drop its improper crusade against Pacaso. The City and City Attorney Walsh failed to respond. 100. The March 2021 Letter, among other communications with real estate agents, brokers, and potential buyers in St. Helena —which Defendants have failed to retract —have caused Pacaso substantial harm. Among other harm, Defendants' misinformation campaign undermines Pacaso's existing relationships with real estate agents working on its behalf, interferes with Pacaso's business relationships and arrangements, tarnishes Pacaso's reputation and goodwill in the community, and impairs Pacaso from future development (including future business partners and key stakeholders in the St. Helena community) by calling into question the legality of Pacaso's operations.
101. These threats have scared real estate agents and chilled their efforts to buy and sell ownership interests in Pacaso properties. Likewise, Defendants' threats have deterred prospective I buyers from purchasing Pacaso properties.
102. Indeed, as a direct result of the March 2021 Letter, individuals on NextDoor (a social networking service for neighborhoods) posted comments about Pacaso potentially being violative of the time-share ordinance, further reflecting the confusion created by the March 2021 Letter regarding Pacaso's legality. One user wrote:

The [March lb, 2021] letter from the City of St. Helena didn't specify any action but did say violators of the City's ... timeshare [ordinance] are subject to code violations and costly fines. The homes in St. Helena currently being offered for sale as fractional ownership purchases (8 separate owners per house) haven't closed yet. It's my understanding this Pacaso Fractional Ownership Management Company had a few months to find 8 buyers for each of these homes. If they were unable to do so, the listings would go back to the agents that initially listed these properties. I have no idea where they stand today. I haven't seen any reported sales of the properties in questions.

February 9, 2021 City Council meeting agenda. Adopting the enforcement policy set out in the February 2021 Letter, without adding this item to an agenda for further City Council discussion and public commentary, was impermissible.
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28 103. By intentionally disrupting Pacaso's ability to list its properties on the MLS, discouraging real estate agents and brokers from working with or listing Pacaso properties, and causing confusion among residents, real estate agents, and potential buyers regarding the legality of Pacaso's operations in St. Helena (especially without first resolving Pacaso's challenge to such prohibitive actions by the City), Pacaso has directly suffered and continues to suffer damages. 104. To date, Ellsworth has failed to take action to terminate the violative effect of his, City Attorney Walsh's and DeRosa's actions.

VI. As The City Concedes, The Ordinance Is Ambiguous, Confusing, And Void For Vagueness
105. If the City's interpretation of Section 17.112.130 and recent conclusion that it does apply to Pacaso is accepted, then the time-share ordinance fails for being vague, ambiguous and overly broad as applied to Pacaso.
106. The City all but admits that its time-share ordinance is vague and difficult to determine whether conduct is prohibited, stating that it "has a fairly circuitous definition to determine if a project is a prohibited timeshare or not":

The Code has a fairly circuitous definition to determine if a project is a prohibited timeshare or not. A "time-share project" means any real property subject to a "time-share program." A "time-share program" is defined as "any arrangement for time-share intervals in a time- sharing project whereby the use, occupancy or possession of real property has been made subject to either a time-share estate or time- share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, but not necessarily for consecutive years." (SHMC § 17.112.130(A).) A "time-share estate" is defined in the Code to mean "an ownership or leasehold estate in property devoted to a time-share fee (tenants in common, time span ownership, interval ownership) or a time-share lease." (Id.) (Report at 324.)
107. In fact, during a City Council meeting discussing the time-share ordinance, City Attorney Ueda repeatedly stated that "the definition and the overall section is a little bit confusing," July 14, 2020, Meeting at 3:18, and that the ordinance" has some terms that are not defined." Id.

II at 3:19.
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Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 27 of 50 1 108. Likewise, one City Council member acknowledged that, as written, the time-share 2 ordinance does not apply to fractional co -ownership structures, referring to it as "improperly 3 written or inaccurately written," and requesting that the City "clean it up so that we extend the 4 fractional and eliminate this activity" of Pacaso. July 14, 2020, Meeting at 3:30. City Attorney 5 Ueda agreed, acknowledging that if the Council wants to regulate partial ownerships, it would be 6 necessary for the City Attorney to "take a look at that and try to clean up the ordinance." Id. at 7 3:22.
8 109. After interpreting these "circuitous" definitions, City Attorney Ueda concluded that 9 "[w]hat emerges from these various definitions" is that a timeshare is not a fractional or partial 10 ownership, and that the ordinance only applies to timeshare intervals involving "an ownership 11 arrangement where the owners have purchased an allotted amount of time to use the property":
12 What emerges from these various definitions is that a timeshare, as defined in the City's Zoning Code, is not identical to a fractional or 13 partial ownership; but, rather, a timeshare involves an ownership arrangement where the owners have purchased an allotted amount of 14 time to use the property (a timeshare interval). The Code also notes that timesharing projects have the same character as commercial 15 hotels and other transient uses. (Report at 324.)
16 110. The City's, City Attorney Walsh's, Ellsworth's and DeRosa's interpretation of the 17 time-share ordinance and conclusion that it does not apply to fractional or partial ownerships in 18 July 2020 cannot be squared with their position today that the ordinance applies to Pacaso. 19 111. Setting aside the vague and circuitous definitions in the ordinance, one thing is 20 perfectly clear: the particular "use" that the ordinance intends to cover (and all it is permitted to 21 regulate) are large-scale commercial and quasi -commercial use (like condominiums and hotels (see 22 supra at ¶¶ 47-49; infra at ¶¶ 125-27)), which is completely different from the activity and use of 23 Pacaso homes (among other single-family homes). By interpreting the ordinance to apply to 24 Pacaso, Defendants' reading would cover every single-family home with more than one owner 25 (whether through an LLC or otherwise), rendering the ordinance overbroad, failing to adhere to its 26 stated legislative purpose, and defying common sense. Thus, Defendants' tortured application of 27 the time-share ordinance against Pacaso is further vague, circular, and confusing, as the ordinance 28 was never intended to apply to the partial ownership of single-family residential dwellings. 26 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 28 of 50 1 112. If the terms of Section 17.112.130 are so amorphous as to lead Defendants to 2 conclude first that Pacaso is not covered, and then —with no change in underlying facts —that 3 Pacaso is covered, the Ordinance should be deemed void for vagueness, as applied to Pacaso. 4 VII. The Ordinance, As Applied To Pacaso, Exceeds The Scope Of Permissible Zoning Ordinances Under Government Code 4 65850 And So Should Be Stricken 5 -
6 113. Defendants' attempt to apply the time-share ordinance against Pacaso exceeds the 7 scope of a municipality's zoning authority and police power under California Government Code 8 § 65850(a), and is outside the scope of its authority to regulate permissible zoning subject matters. 9 114. A local legislative body may only adopt ordinances that regulate "the use of 10 buildings, structures, and land as between industry, business, residences, open space, including 11 agriculture, recreation, enjoyment of scenic beauty, use of natural resources, and other purposes." 12 Cal. Gov't Code § 65850(a).
13 115. The City acknowledged the limits on its power in this regard, and conceded that 14 zoning ordinances "must focus on the use of land":
15 The most fundamental challenge to amending the Zoning Code to regulate fractional or partial ownership in single-family residences is 16 that by law zoning regulations must focus on the use of land. (See, e.g., O'Loane v. O'Rourke, 231 Cal.App.2d 774, 780 (1965) [zoning 17 is "the regulation of buildings and structures, according to their construction, and the nature and extent of their use, and the nature 18 and extent of the uses of land."].) State law enumerates the specific types of permissible zoning regulations, which are likewise focused 19 on "the use of buildings, structures, and land" and related physical requirements, such as the location and size of signs, buildings and 20 structures (Gov. Code, § 65850.) (Report at 325 (emphasis added).) 21 116. The City's time-share ordinance regulates beyond the mere "use" of buildings, 22 structures, or land, as permitted in Gov. Code 65850(a). Defendants' application of Section 23 17.112.130 against Pacaso regulates the individuals and persons who can reside in a residential 24 residence, and targets individuals "based on the identity of a tenant or where a particular resident 25 permanently resides." Report at 325.
26 117. The City itself acknowledged this very concern by stating that zoning regulations 27 may only regulate the types of uses, and cannot target individuals or adopt regulations "based on 28 the identity of a tenant or where a particular resident permanently resides," and described the 27 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 29 of 50 1 "concern that non permanent City residents are purchasing property in St. Helena as a second 2 home(s):"
3 While there may be a concern that non -permanent City residents are purchasing property in St. Helena as a second home(s) either for 4 themselves or their guests, zoning regulations may not target individuals. In other words, the City may not adopt a zoning 5 regulation based on the identity of a tenant or where a particular resident permanently resides. (See, e.g., Friends of Davis v. City of 6 Davis, 83 Cal.AppAth 1004, 1013 (2000) ["a city does not have carte blanche to exclude a retail merchant that it, or some of its residents, 7 do not like"].) City ordinances also may not regulate or define what constitutes a `family "for purposes of limiting the number of 8 unrelated people who live together in a dwelling. (City of Santa Barbara v. Adamson, 27 Cal.3d 123 (1980).) (Report at 325 9 (emphasis added).)
10 118. Indeed, Section 17.112.130 regulates the "means of ownership" in its prohibition of 11 the "creation of a time-share project as a means of ownership." Instead of focusing on the "use" of 12 land as between residential and other purposes, Section 17.112.130, by its terms, and Defendants, 13 in their application against Pacaso, regulate and target individuals based on who the owners are. 14 119. Further highlighting Defendants' tortured application of the time-share ordinance 15 against Pacaso, City Attorney Ueda stated "that it is difficult to regulate if we're primarily focused 16 on taking a piece of property and looking at it in terms of how marry people own that property 17 because that's not really a particular use as lire zone code regulates uses, but it focuses on 18 ownership." July 14, 2020, Meeting at 3:22 (emphasis added). 19 120. In fact, the City and City Council even conceded that Defendants are overreaching, 20 and admitted that attempting to apply the time-share ordinance against Pacaso is wrongful, illegal, 21 unconstitutional, and beyond the power of the City. As one City Council member acknowledged:
22 "IwJhat you want and what's legal are entirely different matters," and suggested that regulating 23 Pacaso under the time-share ordinance would be against "case law and civil rights," (July 14, 2020, 24 Meeting at 3:31 (emphasis added)), stating that the City is "not in the business of regulating 25 families and how people come together to buy properties." 1d. at 3:32. 26 121. Another City Council member stated her concern "that [Defendants] are 27 overreaching what [they] can do legally," stating that the City is not permitted to "control how 28 people own" property, and that she does not "want [the City] to go down a path spending a lot of 28 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 30 of 50 1 money" battling a clearly -losing legal argument (like the one Pacaso brings here). July 14, 2020, 2 Meeting at 3:31.
3 122. A land use ordinance exceeds municipal authority under the police power where it 4 has no substantial relation to the public health, safety, morals or general welfare. Defendants' 5 enforcement of the time-share ordinance against Pacaso is arbitrary and unreasonable, and has no 6 substantial relation to the public health, safety, morals, or general welfare, let alone any of the other 7 stated purposes underlying Section 17.112.130, as propounded against Pacaso. See supra at IT 47- 8 50, 64-78.
9 123. In fact, the City itself stated to Pacaso in its May 22, 2020 letter that its property 10 "came to the City's attention because neighbors in the surrounding area are concerned about [the] 11 types of impacts" created by "loud parties, amplified sound, and increased traffic." May 22, 2020 12 Letter. However, the City previously admitted that "[i]f the City Council is concerned about the 13 potential neighborhood impacts timeshare uses may create" --Misting "large parties" as an 14 example —`'the City has existing regulations in place to address such impacts." Report at 326 15 (emphasis added). Specifically, "if the concern is that part-time owners may infrequently visit the 16 property and have large parties, the City's noise ordinance addresses noise and authorizes 17 abatement and issuance of an infraction." Id. "The City's Municipal Code also addresses 18 nuisances generally and has parking standards in place." Id. 19 124. In fact, a City Council member confirmed that the primary "concern" with fractional 20 co -ownership structures like Pacaso's stemmed from neighbors raising their gripe that "instead of 21 having one family living next door to you, you have maybe six" that are "altemat[ing]." July 14, 22 2020, Meeting at 3:24.
23 125. However, City Attorney Ueda in July 2020 herself conceded that this stated concern 24 was not a rational basis to apply the time-share ordinance against Pacaso:
25 [I]f the issue is primarily that there are different people coming in and out of the unit or house, I'm not entirely sure what can be done 26 about that, right, because different people could be at a house at any given time for whatever reason. They could be guests, or they could 27 be people who own the house and their siblings or whatever. The direction that it's gone in in terms of potential regulation is that if 28 there's a concern about impacts that are caused from having too 29 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 31 of 50 1 many people basically at a particular residence and those impacts can be addressed by current standards in place for noise and parking 2 standards and that type of thing. So I think it's one thing to talk about people versus the potential impacts that could result, and if 3 there are specific impacts, we can look at what we have in place or if there are additional changes that could be made to perhaps is the 4 nuisance abatement procedures and the nuisance, what we define as a nuisance, for sort of having a more quiet neighborhood. (July 14, 5 2020, Meeting at 3:25-26.)
6 7 126. Given the many other existing regulations and policies in place to address the 8 supposed "concerns" the City had with Pacaso's properties and that supposedly underly the 9 purpose and intent of Section 17.112.130, Defendants' attempt to apply this time-share ordinance 10 against Pacaso is unreasonable, unwarranted, and an invalid land use ordinance under Cal. Gov't 11 Code § 65850(a).
12 127. Thus, the City's determination that Pacaso's operations are "illegal" under the time- 13 share ordinance —a decision reflected in the City Attorney's March 2021 Letter to all real estate 14 agents and brokers in St. Helena —exceeds the scope of the City's zoning authority and police 15 power under Cal. Gov't Code § 65850(a).
16 VIII. Defendants' Selective And Arbitrary Enforcement Of The Time -Share Ordinance Against Pacaso Is Impermissible
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18 128. Defendants deliberately singled out Pacaso, attempting to enforce the time-share 19 ordinance against Pacaso but not against those entities or individuals who are similarly situated or 20 functionally the same as Pacaso.
21 129. The City's selective enforcement of the time-share ordinance against Pacaso 22 highlights the very concerns that the City itself recognized in July 2020. The City conceded that 23 one of the "significant practical challenges to implementing and enforcing the existing timeshare 24 regulations" is that "[a]bsent a proposed new development to specifically construct a timeshare 25 project, the City does not know when a residence becomes a timeshare, since the ownership change 26 is a private transaction between private parties." Report at 325. The City conceded that it "does 27 not have an easily available means to scrutinize such agreements or monitor the terms of particular 28 ownership arrangements." Id.
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Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 32 of 50 1 130. City Attorney Ueda further highlighted these concerns during discussions of the 2 July 2020 Report:
3 [W]e also would have practical challenges implementing and enforcing timeshare regulations and that City generally doesn't know 4 when a residence becomes a timeshare. Those are typically private transactions between private parties and the city doesn't monitor real 5 estate sales, and ... some types of fractional or partial ownership interests may not necessarily trigger any concerns as more 6 commercial uses would because, for example, multiple members of one family could decide to purchase a residence together, they may 7 not stay there all at the same time, but they wouldn't necessarily be having interest like a timeshare either. (July 14, 2020, Meeting at 8 3:21-22 (emphasis added).)
9 131. City Attorney Ueda further confirmed the selective and arbitrary approach the City 10 is taking by pursuing enforcement only against Pacaso properties, but not fractional co -ownership 11 structures among multiple friends who wish to purchase and co-own property (which is 12 functionally the same as Pacaso's co -ownership structure):
13 [I]f we're getting at multiple ownership of one piece of property, it's really challenging to figure out a way to define that. That doesn't 14 preclude people who really do need to go buy a piece of property for financial reasons. They all want to have a piece of it. They may all 15 be friends or family members, and I don't think that's the type of activity that the city would want to preclude, and that's the challenge 16 that we have in trying to figure out how to define this in a way that would work. (July 14, 2020, Meeting at 3:33-34.)
17 18 132. In fact, in St. Helena, 559 second homes 12 are owned by an LLC, trust, or similar 19 mechanism which facilitates multiple owner arrangements. 13 This represents 36% of all second 20 homes and 21 % of the entire housing stock. However, these non-Pacaso LLCs are still in 21 existence, and do not differ from Pacaso with respect to the use of the residential single-family 22 home. Nonetheless, Defendants have not pursued a similar enforcement agenda against them as 23 against Pacaso.
24 133. Defendants' attempt to enforce Section 17.112.130 against Pacaso, where other co- 25 owned residences (through LLCs or otherwise) have not faced similar challenges, is selective and 26 27 12 "Second home" refers to homes that did not take the owner occupant exemption. 28 13 Among the 559 second homes, 221 are held as LLCs or other companies. 31 COMPLAINT CASE NO.

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arbitrary, and based on invidious criteria —namely, to deny homeownership to new diverse and/or less affluent residents who hope to purchase property in St. Helena through a co -ownership structure.

IX. Defendants' Enforcement Agenda Against Pacaso Is The Latest Chapter In The C_ity's Long History Of Exclusion
134. The City's arbitrary, selective, and pretextual enforcement of its invalid time-share ban against Pacaso—whose mission is to enrich the lives of diverse individuals by democratizing the ownership of second homes —is the latest chapter in a long history of the City of St. Helena erecting barriers to home ownership for people of diverse and less affluent backgrounds. 135. Notably, in St. Helena, second home ownership is typically accessible only to elite and predominantly white buyers. This is no "accident." The City has enshrined anti -growth principles into law, residents have filed lawsuits against affordable housing projects, and unelected neighborhood vigilantes have made it difficult for diverse individuals to move into the City. 136. For example, in 1993, the City of St. Helena adopted a long-term policy document that acts as a guide for future land use decisions called "The General Plan." See City of St. Helena, General Plan Update 4 (Apr. 2, 2018),
https://www.cityofsthelena.org/sites/default/flies/fileattachments/planning_resources/page{ 6501 st helena general_pan_nop_033018.pdf. The "primary goal of this General Plan is to preserve the rural, small town quality and agricultural character of St. Helena." City of St. Helena, General Plan Introduction l-1 (1993),
https://www.cityofsthelena.org/sites/default/files/fileattachments/planning/pager881 {e_1_intro_l .p df. The plan explicitly called for "growth management." Id. at 1-3. 137. Over the years, as the plan was updated, the City made it more and more difficult for affordable housing to be built on City property under the guise of managing growth. The latest plan, titled "the 2040 General Plan," was approved in 2019 by the St. Helena Housing Commission after nearly a decade of entanglements over environmental concerns, among other issues. See Uzo Ehi, Legal Settlement Enables St. Helena to Embrace Density in General Plan, California Planning & Development Report (June 3, 2019), https://www.cp-dr.com/articles/20190603_1 . 32 I COMPLAINT
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138. Underpinning all the debates, however, is a general reluctance for progress and innovation in the City of St. Helena. Members of the City Council communicated to Pacaso representatives that they do not want things to change from how they have always been. In fact, St. Helena City Council Member and former Planning Commission Chair, Lester Hardy, stated that "the rise of anti -growth `hopes' in St. Helena is not a recent development." Id. In fact, "[c]omparing the 2040 General Plan Update with the 1993 General Plan ... I would say that anti- growth sentiment has as much influence today as it did then." Id. He further went on to say that the efforts to limit "population growth ha[ve] been a priority for many residents and voters in St. Helena for the last 30 years or more; this sentiment is always a factor in the city's land use policy decisions, of varying significance depending on the particulars." Id. This reality is in tension with St. Helena's stated legislative purpose behind the time-share ordinance, which purports to preserve "affordable housing in the city for long-term occupancies." Section

17.112. l 30(A)(1).
139. Discussions during City Council meetings regarding the time-share ordinance confirm this exclusionary sentiment among City Council members and residents alike.

CLAIM 1
DECLARATORY RELIEF: INAPPLICABILITY OF SECTION 17.112.130 (AGAINST THE CITY)
140. Pacaso adopts and reasserts the allegations contained in paragraphs 1-139 as if fully set forth herein.
141. There is an actual controversy now existing between Pacaso and the City concerning the application of Section 17.112.130 against Pacaso. Defendants have started enforcing Section

17.112.130 against Pacaso and its homeowners, have deemed Pacaso "illegal," are seeking to prohibit sales by Pacaso to multiple owners, and are taking steps to prevent real estate agents and brokers from working with or transacting with Pacaso under Section 17.112.130, despite the fact that this ordinance is inapplicable to Pacaso.
142. On March 17, 2021, Pacaso wrote to the City Attorney and identified the myriad ways in which Defendants' challenge to Pacaso is flawed and unsupported by fact or law. Pacaso 33 II COMPLAINT
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requested confirmation by April 1, 2021, confirming that the City would adhere to the analysis and conclusions from the July 2020 Report, and would drop its battle against Pacaso. The City and City Attorney failed to respond.
143. Section 17.112.130 does not apply to co -ownership of real property. Section

17.112.130 prohibits "[t]he creation of a time-share project as a means of ownership." A "time- sharing project" is defined as "any real property that is subject to a time-share program." Section

17.112.130(B). A "time-share program" is defined to mean "any arrangement for time-share intervals [which is later defined as either a time-share estate or a time-share use] in a time-sharing project whereby the use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals." Id. A "time-share estate" is defined as ownership in a `'property devoted to a time-share fee" and "time-share use" means "any contractual right of exclusive occupancy." Id.
144. Pacaso's small co -ownership model is starkly different from any "time-share" project purportedly covered by Section 17.112.130, and thus does not apply to Pacaso. See supra at $156-80. Pacaso homeowners do not merely own the "right of exclusive occupancy," or a "use, occupancy or possession" right that "circulates among purchasers ... according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year." Section 17.112.130(B), Def. of "Time -Share program." Rather, Pacaso homeowners own a real property asset in a single-family home that includes real property interests, and rights and obligations shared among co -owners.
145. Section 17.112.130 prohibits "[t]he creation of a time-share project as a means of ownership." Pacaso creates a property -specific LLC for each home, which owns deeded title to the property. The LLC which holds the Pacaso property does not constitute "[t]he creation of a time- share project as a means of ownership." Rather, it serves as a structure for homeowners to co-own 11 a home and facilitates a collaborative ownership experience with diverse individuals of their 11 choosing.
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Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 36 of 50 1 146. Further, the legislative intent of the Section 17.112.130 further confirms that it does 2 not apply to Pacaso. The City's attempts to enforce Section 17.112.130 are wholly inconsistent 3 with its stated "Findings And Purpose." Targeting Pacaso does nothing to ensure homes are 4 available for long-term occupancies. The City lacks all visibility and control into how much time 5 homeowners intend to spend in their homes. Preventing Pacaso from buying properties has no 6 bearing on the likelihood that other prospective buyers are either buying the home as a second 7 home, or anticipating the ability to use it for short-term rentals, among other non "long-term 8 occupancy" uses. Nor is there a rational relation between the City's stated purpose of banning 9 "commercial or quasi -commercial like use" in residential areas, as results from "commercial hotels, 10 motels and other transient occupancy uses" and any enforcement measures taken against Pacaso. 11 Pacaso is a purely residential co -homeownership structure that lacks any resemblance to such 12 "commercial or quasi -commercial like use."
13 147. Because Section 17.112.130 does not apply to Pacaso, the City cannot enforce this 14 section against Pacaso. Pacaso seeks declaratory judgment and a permanent injunction barring 15 enforcement of Section 17.112.130 against Pacaso.
16 CLAIM 2
17 DUE PROCESS VIOLATION: DEFENDANTS' APPLICATION OF SECTION 17.112.130

TO PACASO IS UNCONSTITUTIONALLY VAGUE AND AMBIGUOUS
18 (AGAINST ALL DEFENDANTS)
19 20 148. Pacaso adopts and reasserts the allegations contained in paragraphs 1-147 as if fully 21 set forth herein.
22 149. The Ordinance violates the due process guarantees of the Fourteenth Amendment 23 and California Constitution because if the Defendants' interpretation of Section 17.112.130 as 24 covering Pacaso is accepted, it is based on terms that are unconstitutionally vague and ambiguous. 25 150. Section 17.112.130 fails to provide Pacaso, homeowners, or real estate agents and 26 brokers a reasonable opportunity to know what conduct is prohibited under the ordinance, or any 27 guidance as to how to determine whether the activities fall within the prohibited conduct. 28 35
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151. Instead, Defendants, acting under the color of law, are exploiting definitions in Section 17.112.130 that are unclear circuitous, and incomplete, in order to claim that Pacaso is a "timeshare project" within its meaning. For example, a "[t]ime-sharing project" is defined as "any real property that is subject to a time-share program." Section 17.112.130(B). In turn, "[t]ime- share program" is defined to mean "any arrangement for time-share intervals in a time-sharing project whereby the use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals." Id. The Code then defines "[t]ime-share interval" as "a time-share estate or a time-share use." Id. The Code then circuitously defines "[t]ime-share use" as "any contractual right of exclusive occupancy which does not fall within the definition of a time- share estate, including, without limitation, a vacation license, prepaid hotel reservation, club membership, limited partnership or vacation bond," and defines "time-share estate" as ownership in a "property devoted to a time-share fee ... or a time-share lease" (without further defining either of those terms). Id.
152. Further, the prohibited conduct under Section 17.112.130 is "[t]he creation of a time-share project as a means of ownership." Neither "creation" nor "means of ownership" are defined in the ordinance. And "means of ownership" does not specify the type of ownership interest held. This in turn conflicts with the definition of "[t]ime-share program," which focuses on `'any arrangement for time-share intervals," and "[t]ime-share use" which focuses on a "contractual right of exclusive occupancy," both of which differ from "ownership" in the abstract.

Section 17.112.130(B).
153. The City admits that under its time-share ordinance, it is difficult to determine whether conduct is prohibited, stating that it "has a fairly circuitous definition to determine if a project is a prohibited timeshare or not." See Report at 324. 154. Section 17.112.130 is further vague and ambiguous as applied by Defendants against Pacaso. A person of ordinary intelligence would read the time-share ordinance differently than Defendants have applied it, and when reading the time-share ordinance, it cannot reasonably be applied the way Defendants now interpret it. There is no reference in Section 17.112.130 or its 36 H COMPLAINT
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28 definitions to fractional or partial co -ownership structures like Pacaso's. The City, City Council, City Attorney and DeRosa confirmed this interpretation of the time-share ordinance in the July 2020 Report, finding that the time-share ordinance only regulates commercial use and that time- shares are distinct from fractional or partial ownership structures. Yet, Defendants, acting under the color of law, now apply a wholly different interpretation of the time-share ordinance against Pacaso, abandoning their previous position in the July 2020 Report, and now interpreting the ordinance to apply to Pacaso, a fractional co -ownership structure. Defendants' inconsistent interpretation and application of the time-share ordinance over the course of time has failed to give Pacaso fair notice that the time-share ordinance regulates partial or fractional ownership structures, and further highlights Defendants' arbitrary, capricious and unjustified standard of interpretation and enforcement of the ordinance.
155. The City's application of an unconstitutionally vague ordinance against Pacaso has been carried out through City Attorney Walsh's, DeRosa's, and Ellsworth's conduct, including through sending, and other acts taken in connection with, the January 2021 Letter, the City Attorney's February 2021 Letter to Pacaso, deeming Pacaso "illegal," and the City Attorney's March 2021 Letter to all real estate agents and brokers in St. Helena, acting on his threat to inform others that the City and City Attorney Walsh had determined that Pacaso was illegal, as well as Defendants' other communications to real estate agents, brokers and residents of St. Helena stating or suggesting that Pacaso's operations violate the time-share ordinance. Defendants have undertaken these actions against Pacaso by interpreting the time-share ordinance in such a manner that deprived Pacaso of fair notice that the unconstitutionally vague ordinance regulates partial or fractional ownership structures.
156. By enforcing Section 17.112.130 against Pacaso, DeRosa, Ellsworth and City Attorney Walsh, acting under the color of law, deprived Pacaso of its rights under the United States Constitution, by depriving Pacaso of fair notice that the unconstitutionally vague time-share ordinance regulates partial or fractional ownership structures. DeRosa's, Ellsworth's and City Attorney Walsh's actions were a direct cause of Pacaso's injuries, because their conduct directly 37 COMPLAIN"
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28 caused a violation of Pacaso's rights. DeRosa, Ellsworth and City Attorney Walsh are authorized to enforce Section 17.112.130 and they did so in an unlawful manner. 157. Ellsworth, acting under the color of law and in a position of superiority to City Attorney Walsh, failed to prevent or take action to correct the enforcement efforts against Pacaso carried out by City Attorney Walsh. Ellsworth was aware that his failure to prevent or take corrective actions would apply an unconstitutionally vague time-share ordinance against Pacaso in such a way that deprived Pacaso of its rights under the United States Constitution. As a result, Pacaso lacked fair notice that the ordinance regulates partial or fractional ownership structures.

Nevertheless, Ellsworth knowingly failed to prevent or take actions to correct such enforcement efforts, despite his power and authority to do so.
158. DeRosa, in her capacity as the Planning & Building Director of St. Helena, is responsible for reviewing, revising, and implementing the City of St. Helena's General Plan and zoning ordinances, including the time-share ordinance; is "considered to be [an] enforcement official" with "the authority and powers necessary to gain compliance with the provisions of [the St. Helena Municipal] code and applicable state codes" (Section 1.12.040); and was the "designated point of contact for the City" with regard to time-share enforcement against Pacaso.

As such, Defendant DeRosa had final policymaking authority concerning the review, revision, implementation, and enforcement of the time-share ordinance against Pacaso, and, acting under the color of law, ratified, failed to prevent and/or carried out such enforcement efforts against Pacaso, I which caused Pacaso to suffer a constitutional violation, on behalf of the City. 159. City Attorney Ethan Walsh is responsible for providing legal advice to the City Council in carrying out its duties in the operations of the City government, and for bringing about suits on behalf of the City. Walsh had final policymaking authority concerning the enforcement of the time-share ordinance against Pacaso, and, acting under the color of law, ratified and/or carried I out such enforcement efforts against Pacaso, which caused Pacaso to suffer a constitutional 11 violation, on behalf of the City.
160. City Council members, including Ellsworth, are responsible for reviewing public policy and adopting policies responsive to the community. Ellsworth had final policymaking 38 II COMPLAINT
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authority concerning the review, adoption, and enforcement of the time-share ordinance against Pacaso, and, acting under the color of law, ratified, failed to prevent and/or carried out such enforcement efforts against Pacaso, which caused Pacaso to suffer a constitutional violation, on behalf of the City.
161. Defendants' enforcement of the time-share ordinance against Pacaso, which caused Pacaso to suffer a constitutional violation, is carried out pursuant to St. Helena's long history of exclusion, discrimination and anti -growth principles, which include actions designed to stifle diversity and housing opportunities for underrepresented communities. See supra at 11 134-39.

The City's long-standing policy and practice of exclusion, outsider bias, and erecting barriers to home ownership for people of diverse and underrepresented backgrounds is so closely related to and coheres with the City's enforcement efforts against Pacaso as to be the moving force that caused it.
162. Pursuant to 42 U.S.C. § 1983 and the Court's equitable powers, Pacaso seeks injunctive relief against Defendants, whose enforcement of the vague and ambiguous time-share ordinance against Pacaso conflicts with and violates the Fourteenth Amendment and California Constitution.

CLAIM 3

SELECTIVE AND DISCRIMINATORY ENFORCEMENT
(AGAINST ALL DEFENDANTS)
163. Pacaso adopts and reasserts the allegations contained in paragraphs 1-162 as if fully set forth herein.
164. Defendants' pattern of selective and arbitrary enforcement violates Pacaso's constitutional rights.
165. Pacaso was and is treated differently from entities or persons similarly situated.

Defendants, acting under the color of law, deliberately singled out Pacaso, attempting to enforce Section 17.112.130 against Pacaso, but not against those entities or individuals who are similarly situated or functionally the same as Pacaso.
39 II COMPLAINT
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28 166. For example, in St. Helena, 559 second homes 14 are owned by an LLC, trust, or similar mechanism which facilitates multiple owner arrangements. i5 This represents 36% of all second homes and 21 % of the entire housing stock. These homes include single-family residences that are co -owned by multiple owners, and which do not different in any respect from how a Pacaso home is used by its co -owners.
167. These non-Pacaso LLCs are still in existence, and Defendants have not pursued a similar enforcement agenda against them as against Pacaso. 168. Defendants' unequal treatment of Pacaso (i.e., its enforcement of Section

17.112.130 against Pacaso, where other co -owned residences, through LLCs, tenancy in common, or otherwise, have not faced similar challenges) was intentional and based on invidious criteria.

Defendants have intentionally and deliberately singled out Pacaso on the basis of invidious criteria —namely, that Pacaso serves diverse individuals who, in the eyes of Defendants, are non- resident transients. Defendants' arbitrary and selective enforcement of Section 17.1 12.130 against Pacaso is the latest chapter in a long history of the City erecting barriers to home ownership for people of diverse backgrounds, and is a pretext to deny homeownership to new diverse residents who hope to purchase property in St. Helena through a co -ownership structure. 169. Defendants' unequal treatment of Pacaso is selective, arbitrary, and not rationally related to a legitimate governmental purpose. The City's stated reasons for enforcement against Pacaso cannot pass muster. The City stated to Pacaso in the May 22, 2020 letter that its property "came to the City's attention because neighbors in the surrounding area are concerned about [the] types of impacts" created by "loud parties, amplified sound, and increased traffic." 170. However, the City itself conceded that such stated reasons for enforcement were II pretextual. For example, the City admitted that `-[i]f the City Council is concerned about the potential neighborhood impacts timeshare uses may create" listing "large parties" as an II example —"the City has existing regulations in place to address such impacts." Report at 326 it14 "Second home" refers to homes that did not take the owner occupant exemption. 15 Among the 559 second homes, 221 are held as LLCs or other companies. 40 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 42 of 50 1 (emphasis added). The City stated, "[I]f the concern is that part-time owners may infrequently visit 2 the property and have large parties, the City's noise ordinance addresses noise and authorizes 3 abatement and issuance of an infraction." Report at 326. "The City's Municipal Code also 4 addresses nuisances generally and has parking standards in place." Id. 5 171. Given the many other existing regulations in place to address the supposed 6 "concerns" the City has stated with regard to Pacaso, the City's enforcement agenda against Pacaso 7 is suspect and appears to be nothing but a pretext to deny homeownership to new diverse residents. 8 172. Further, Pacaso co -owners agree to several additional restrictions that ensure their 4 use promotes the City's stated goals. For example, there is a maximum of eight co -owners for any 10 home, with only one family using the property at a time; co -owners agree not to have large events 11 or parties; co -owners adhere to a 9 p.m. to 7 a.m. quiet hour policy; co -owners are prohibited from 12 renting the home; and Pacaso encourages homeowners to avoid parking on the street. Pacaso 13 homeowners are no different from other homeowners in St. Helena, thus, efforts to preclude their 14 homeownership does nothing to advance the City's stated goals for enforcement against Pacaso 15 (and not other residential co -ownership structures). 16 173. Discussions regarding the July 2020 Report confirmed that Defendants were unable 17 to state one purpose, goal or non -suspect "basis" to justify application of the time-share ordinance 18 against Pacaso, and that the primary "concern" identified (i.e., "different people coming in and out 19 of the unit or house") is not a permissible (let alone rational) basis for enforcing the time-share 20 ordinance against Pacaso.
21 174. Defendants' enforcement efforts against Pacaso are but a pretext for Defendants' 22 improper motive and discriminatory design of exclusion and actions designed to stifle diversity and 23 housing opportunities for underrepresented communities. The City itself concedes that one of the 24 "significant practical challenges to implementing and enforcing the existing timeshare regulations" 25 is that "[a]bsent a proposed new development to specifically construct a timeshare project, the City 26 does not know when a residence becomes a timeshare, since the ownership change is a private 27 transaction between private parties." Report at 325. The City concedes that it "does not have an 28 easily available means to scrutinize such agreements or monitor the terms of particular ownership 41 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 43 of 50 1 arrangements." Id. The City's selective enforcement of the time-share ordinance against Pacaso 2 highlights the very concerns that the City itself recognized. 3 175. The City's selective and arbitrary enforcement against Pacaso has been carried out 4 through City Attorney Walsh's, DeRosa's, and Ellsworth's conduct, including through sending, 5 and other acts taken in connection with, the January 2021 Letter, the City Attorney's February 6 2021 Letter to Pacaso, deeming Pacaso "illegal," and the City Attorney's March 2021 Letter to all 7 real estate agents and brokers in St. Helena, acting on his threat to inform others that the City and 8 City Attorney Walsh had determined that Pacaso was illegal, as well as Defendants' other 9 communications to real estate agents, brokers and residents of St. Helena stating or suggesting that 10 Pacaso's operations violate the time-share ordinance. Defendants have undertaken these actions 11 against Pacaso, while failing to carry out an enforcement regime against similarly situated or 12 functionally equivalent individuals or entities.
13 176. By enforcing Section 17.112.130 against Pacaso, DeRosa, Ellsworth and City 14 Attorney Walsh, acting under the color of law, deprived Pacaso of its rights under the United States 15 Constitution, by unlawfully targeting Pacaso without any rational basis for enforcing the law 16 against Pacaso, but no other co -owners of homes within St. Helena. DeRosa's, Ellsworth's and 17 City Attorney Walsh's actions were a direct cause of Pacaso's injuries, because their conduct 18 directly caused a violation of Pacaso's rights. DeRosa, Ellsworth and City Attorney Walsh are 19 authorized to enforce Section 17.112.130 and they did so in an unlawful manner. 20 177. Ellsworth, acting under the color of law and in a position of superiority to City 21 Attorney Walsh, failed to prevent or take action to correct the enforcement efforts against Pacaso 22 carried out by City Attorney Walsh. Ellsworth was aware that his failure to prevent or take 23 corrective actions would deprive Pacaso of its rights under the United States Constitution by 24 unlawfully targeting Pacaso without any rational basis for enforcing the law against Pacaso, but no 25 other co -owners of homes within St. Helena. Nevertheless, Ellsworth knowingly failed to prevent 26 or take actions to correct such enforcement efforts, despite his power and authority to do so. 27 178. DeRosa, in her capacity as the Planning & Building Director of St. Helena, is 28 responsible for reviewing, revising, and implementing the City of St. Helena's General Plan and 42 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 44 of 50 1 zoning ordinances, including the time-share ordinance, is "considered to be [an] enforcement 2 official" as the "planning director" and has "the authority and powers necessary to gain compliance 3 with the provisions of this code and applicable state codes" (Section 1.12.040), and was the 4 "designated point of contact for the City" with regard to time-share enforcement against Pacaso. 5 DeRosa had final policymaking authority concerning the review, revision, implementation, and 6 enforcement of the time-share ordinance against Pacaso, and, acting under the color of law, 7 ratified, failed to prevent and/or carried out such enforcement efforts against Pacaso, which caused 8 Pacaso to suffer a constitutional violation, on behalf of the City. 9 179. City Attorney Walsh is responsible for providing legal advice to the City Council in 10 carrying out their duties in the operations of the City government, and for bringing about suits on 11 behalf of the City. City Attorney Walsh had final policymaking authority concerning the 12 enforcement of the time-share ordinance against Pacaso, and, acting under the color of law, ratified 13 and/or carried out such enforcement efforts against Pacaso, which caused Pacaso to suffer a 14 constitutional violation, on behalf of the City.
15 180. City Council members, including Ellsworth, are responsible for reviewing public 16 policy and adopting policies responsive to the community. Ellsworth had final policymaking 17 authority concerning the review, adoption, and enforcement of the time-share ordinance against 18 Pacaso, and, acting under the color of law, ratified, failed to prevent and/or carried out such 19 enforcement efforts against Pacaso, which caused Pacaso to suffer a constitutional violation, on 20 behalf of the City.
21 181. Defendants' enforcement of the time-share ordinance against Pacaso, which caused 22 Pacaso to suffer a constitutional violation, was carried out pursuant to St. Helena's long history of 23 exclusion, discrimination and anti -growth principles, which include actions designed to stifle 24 diversity and housing opportunities for underrepresented communities. See supra at 11 134-39. 25 The City's long-standing policy and practice of exclusion, outsider bias, and erecting barriers to 26 home ownership for people of diverse and underrepresented backgrounds is so closely related to 27 and coheres with the City's enforcement efforts against Pacaso as to be the moving force that 28 caused it.
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182. Pursuant to 42 U.S.C. § 1983 and the Court's equitable powers, Pacaso seeks injunctive relief against Defendants, whose selective and discriminatory enforcement of the time- share ordinance against Pacaso conflicts with and violates the Fourteenth Amendment and California Constitution.

CLAIM 4
DECLARATORY RELIEF: INVALID USE OF MUNICIPAL AUTHORITY
(AGAINST THE CITY)
183. Pacaso adopts and reasserts the allegations contained in paragraphs 1-182 as if fully set forth herein.
184. Section 17.112.130 is inapplicable against Pacaso for the separate and independent reason that it represents an invalid use of legislative authority, and exceeds the scope of a municipality's zoning authority and police power under Cal. Gov't Code § 65850(a). 185. The City's application of the time-share ordinance against Pacaso regulates beyond the mere "use" of buildings, structures, or land, as permitted in Cal. Gov't Code § 65850(a).

Instead, the City's application of Section 17.112.130 against Pacaso targets individuals "based on the identity of a tenant or where a particular resident permanently resides" and tries to regulate the individuals and persons who can reside in a residential residence. 186. The plain language of Section 17.112.130 regulates the "means of ownership" in its prohibition of the "creation of a time-share project as a means of ownership." Instead of focusing on the "use" of land as between residential and other purposes, Section 17.112.130 focuses on who the owners are rather than the use of land as between residential and other purposes. 187. By applying Section 17.112.130 against Pacaso, the City is targeting individuals and regulating "based on the identity of a tenant or where a particular resident permanently resides." Report at 325.
188. Section 17.112.130 is arbitrary and unreasonable, having no substantial relation to the public health, safety, morals, or general welfare.
189. The City's stated reasons for Section 17.112.130 and its enforcement against Pacaso 11 have no rational basis or substantial relation to its legislative purpose and findings. The City itself 44 II COMPLAINT
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Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 46 of 50 1 stated to Pacaso in its May 22, 2020 letter that its property "came to the City's attention because 2 neighbors in the surrounding area are concerned about [the] types of impacts" created by "loud 3 parties, amplified sound, and increased traffic." However, the City previously admitted that "[ijf 4 the City Council is concerned about the potential neighborhood impacts timeshare uses may 5 create" —listing "large parties" as an example —"the City has existing regulations in place to 6 address such impacts." Report at 326 (emphasis added). The City stated, "[I]f the concern is that 7 part-time owners may infrequently visit the property and have large parties, the City's noise 8 ordinance addresses noise and authorizes abatement and issuance of an infraction." Id. "The 9 City's Municipal Code also addresses nuisances generally and has parking standards in place." Id. 10 190. Further, Pacaso strictly prohibits short-term rentals, and all Pacaso homeowners 11 agree to Pacaso's policies, which prohibit large events or parties. 12 191. Given the many other existing regulations and policies in place to address the 13 supposed "concerns" the City had with Pacaso's properties and that supposedly underly the 14 purpose and intent of Section 17.112.130, Section 17.1 12.130 (and the City's attempt to apply this 15 section against Pacaso) is unreasonable, unwarranted, and an invalid land use ordinance under Cal. 16 Gov't Code § 65850(a).
17 CLAIM 5
18 INTENTIONAL INTERFERENCE WITH PROSPECTIVE ECONOMIC ADVANTAGE 19 (AGAINST THE CITY AND CITY ATTORNEY ETHAN WALSH)
20 192. Pacaso adopts and reasserts the allegations contained in paragraphs 1-191 as if fully 21 set forth herein.
22 193. The City's and its employees' efforts to discourage real estate agents, brokers and 23 potential home buyers from working or transacting with Pacaso constitutes a clear, intentional 24 interference with Pacaso's business relationships with St. Helena residents, real estate agents and 25 brokers in St. Helena.
26 194. Among other tortious behavior, City Attorney Walsh sent the March 2021 Letter to 27 all real-estate offices in the City regarding time-share regulations in an effort to discourage agents 28 and brokers from working or transacting with Pacaso. The March 2021 Letter intimidated and 45 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 47 of 50 1 threatened real estate agents and brokers from engaging and transacting with Pacaso, claiming the 2 "objective" of the letter is "to ensure that no zoning violation occurs as a result of a transaction" in 3 which the real estate agents or brokers and their clients are involved. 4 195. Likewise, Defendants, on behalf of and at the direction of the City, sent letters to 5 Pacaso and its homeowners notifying them that if their home was used as a timeshare, such use 6 would be impermissible pursuant to the City Municipal Code. See supra at IT 56-80. 7 196. The City's and City Attorney Walsh's actions and communications undermine 8 Pacaso's existing contractual relationships with real estate agents working on its behalf, interferes 9 with Pacaso's business relationships and arrangements, tarnishes Pacaso's reputation and good will 10 in the community, and impairs Pacaso from future developments (including future business 11 partners and key stakeholders in the St. Helena community) by calling into question the legality of 12 Pacaso's operations.
13 197. The City and City Attorney Walsh are aware of Pacaso's business model, its target 14 market, its customer base, and the importance of Pacaso's business relationships with real estate 15 agents and brokers in St. Helena.
16 198. The actions and communications of the City and City Attorney Walsh were 17 intentional and aimed at halting Pacaso's current and future business opportunities in St. Helena, 18 and at discouraging real estate agents and brokers from working with Pacaso or listing Pacaso 19 properties.
20 199. The interference with Pacaso's current and prospective business relationships is 21 wrongful. It is based on an incorrect and erroneous application of a time-share ordinance that does 22 not apply to Pacaso—a position that the City and City Attorney Ueda, conceded in the July 2020 23 Report, which made clear that Section 17.112.130 does not apply to ownership models like Pacaso. 24 The City and City Attorney Walsh invoked Section 17.112.130 with full knowledge that it cannot 25 be applied to Pacaso, and that enforcing it violated Pacaso's and its homeowners' constitutional 26 rights.
27 200. Pacaso has directly suffered and continues to suffer damages resulting from the fact 28 that the March 2021 Letter that discouraged transactions or working with Pacaso was sent to all 46 COMPLAINT CASE NO.

Case 3:21-cv-02493 Document 1 Filed 04/06/21 Page 48 of 50 1 real estate agents and brokers in St. Helena. This letter has (1) discouraged and continues to chill, 2 under threat of fines and other penalties, agents from marketing Pacaso properties or being 3 involved in a sale of ownership interests in Pacaso properties in St. Helena in any capacity; and (2) 4 intentionally disrupted Pacaso's ability to list its properties on the MLS by discouraging real estate 5 agents and brokers from working with or listing Pacaso properties. 6 201. Further, Pacaso suffered and continues to suffer damages as a result of the confusion 7 caused by Defendants among all agents, brokers, and potential homeowners in St. Helena as to the 8 legality of Pacaso's operations (especially without first resolving Pacaso's challenge to such 9 prohibitive actions by the City), which further hampers Pacaso's operations and ability to sell 10 ownership interests in Pacaso properties in St. Helena. Moreover, the confusion caused by 11 Defendants as to the legality of Pacaso homes among existing Pacaso homeowners in St. Helena 12 (and in other cities) has inappropriately caused such homeowners anxiety, fear, and distrust in 13 Pacaso, causing such homeowners to reach out to Pacaso and the City as to their ability to resale 14 the property. 16
15 202. Absent corrective action, Defendants' prior communications to agents, brokers, and 16 potential Pacaso homeowners will continue to cause irreparable harm to Pacaso. 17 PRAYER FOR RELIEF
18 WHEREFORE, Plaintiffs respectfully pray for relief as follows:
19 a) For judgment in favor of Pacaso against Defendants on all Causes of Action; 20 b) For a judgment declaring that Section 17.112.130 does not apply to Pacaso; 21 c) For a judgment declaring that Defendants do not have the authority to enforce Section 17.112.130 against Pacaso;
22 d) For an injunction enjoining the City and Defendant Walsh from continuing to 23 knowingly interfere with Pacaso's economic interests by communicating false information about the legality of Pacaso's operations and homes; 24 e) For a mandatory injunction compelling the City and Defendant Ethan Walsh to send 25 a retraction letter to the real estate agents and brokers in St. Helena clarifying that real estate listings and transactions that sell co -ownership opportunities that are not 26 27 16 Though the City's and Defendant Walsh's conduct has harmed Pacaso, Pacaso does not seek monetary or other damages based on their intentional interference with Pacaso's economic 28 interests. As set forth herein, Pacaso seeks mandatory and prohibitory injunctions to cure Defendants' tortious conduct and to prevent future, recurring harms. 47 COMPLAINT CASE NO.

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"time share projects" fall outside of the City's time-share regulations, and that no "zoning violation" will "occur[]" as a result of transacting with Pacaso and listing a home owned by Pacaso for sale;
f) For attorneys' fees pursuant to 42 U.S.C. § 1988 and Cal. Code of Civ. Proc. § 1021.5; and
g) For such other and further relief as this Court may deem proper.

DATED: April 6, 2021 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP By: lsl Lance A. Etcheve=
LANCE A.ETCHEVERRY
Attorneys for Plaintiffs
PACASO INC. and PAC 6 CA 2021 LLC
48 II COMPLAINT
CASE NO.

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DEMAND FOR JURY TRIAL
Pacaso respectfully requests a trial by jury on ail issues so triable.

DATED: April 6, 2021 SKADDEN, ARPS, SLATE, MEAGHER & FLOM LLP By: Isl Lance A. Etcheverry
LANCE A.ETCHEVERRY
Attorneys for Plaintiffs
PACASO iNC. and PAC 6 CA 2021 LLC
49 II COMPLAINT
CASE NO.

Case 3:21-cv-02493 Document 1-1 Filed 04/06/21 Page 1 of 5 Exhibit A

Case 3:21-cv-02493 Document 1-1 Filed 04/06/21 Page 2 of 5 Agenda Item #11.2.

Report to the City Council
Regular City Council -14 Jul 2020
r HEL
Agenda Section: NEW BUSINESS
Subject: Discussion Regarding Timeshare Issues
CEQA Not a CEQA project
Determination:

Prepared By: Kara Ueda, City Attorney
Reviewed By: April Mitts, Finance Director
Approved By: Maya DeRosa, Planning & Building Director/Acting City Manager

BACKGROUND
This agenda item is for informational purposes only to guide and facilitate a policy discussion amongst the City Council regarding timeshare uses and fractional ownership of residences in the City. The issue is being discussed following concerns raised by both City residents and Council members after some residents discovered a real estate listing for a fractional or partial ownership interest in a residential home in town.

The St. Helena Municipal Code currently prohibits creation of a timeshare project as a means of ownership of any single-family, two-family or multiple -family dwelling or any apartment house within the City. (SHMC § 17.112.130) The prohibition is based, in part, on findings made by the City Council that timeshare uses are commercial or quasi - commercial uses that serve to reduce available residential housing and increase traffic and noise impacts. (See SHMC § 17.112.130(A).) As explained further below, though, a timeshare use differs from a fractional or partial ownership of a property.

DISCUSSION
What is a timeshare?
State law and the California Department of Real Estate regulate the advertising and sale of timeshares pursuant to "The Vacation Ownership and Time -Share Act of 2004." (Bus. & Prof. Code, § 11210 et seq.). That law defines a "time-share plan" to mean "any arrangement, plan, scheme, or similar device, other than an exchange program,

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Case 3:21-cv-02493 Document 1-1 Filed 04/06/21 Page 3 of 5 Agenda Item #11.2.
whether by membership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives ownership rights in or the right to use accommodations for a period of time less than a full year during any given year, on a recurring basis for more than one year, but not necessarily for consecutive years." (Bus. & Prof. Code, § 11212(z).) The law mandates certain registration and advertising requirements for timeshare plans and regulates the information and terms that must be included in a sale in order to protect consumers who may purchase time-share interests. However, the law does not regulate the location and use of timeshare plans, and it expressly does not invalidate or modify local "zoning, subdivision, or building code" ordinances. (Bus. & Prof. Code, § 11280.) The St. Helena Zoning Code prohibits the creation of a timeshare project as a means of ownership of any single-family, two-family, or multi -family dwelling or apartment house. (SHMC § 17.112.130). The Code has a fairly circuitous definition to determine if a project is a prohibited timeshare or not. A "time-share project" means any real property subject to a "time-share program." A "time-share program" is defined as "any arrangement for time-share intervals in a time-sharing project whereby the use, occupancy or possession of real property has been made subject to either a time-share estate or time-share use whereby such use, occupancy or possession circulates among purchasers of the time-share intervals according to a fixed or floating time schedule on a periodic basis for a specific period of time during any given year, but not necessarily for consecutive years." (SHMC § 17.112.130(A).) A "time-share estate" is defined in the Code to mean "an ownership or leasehold estate in property devoted to a time-share fee (tenants in common, time span ownership, interval ownership) or a time-share lease. (ld.) What emerges from these various definitions is that a timeshare, as defined in the City's Zoning Code, is not identical to a fractional or partial ownership; but, rather, a timeshare involves an ownership arrangement where the owners have purchased an allotted amount of time to use the property (a timeshare interval). The Code also notes that timesharing projects have the same character as commercial hotels and other transient uses.

Timeshares, thus, are somewhat similar to short-term rentals and fractional ownership hotels but differ from both in important ways. The City defines short-term rentals as a use in which overnight accommodations are provided to guests for compensation for periods of less than thirty (30) days in a single-family dwelling and are only authorized with a short-term rental permit. (SHMC § 17.04.160.) Short-term rentals are generally rented by guests on a short-term basis. After the guest leaves, they have no further obligation or ownership of the property. A timeshare, on the other hand, means that the person has an ongoing ownership interest in the property for a limited duration of time.

The City defines fractional ownership hotels as hotels with a minimum of 40 rooms, in which 75% or more of the rooms may be made available to individuals as "time-share estates," "which is defined as a time-share interest, which is the right to occupy a time- share property, coupled with a freehold estate or an estate for years with a future interest in a time-share property or a specified portion thereof, pursuant to Section 11212(x)(1) of the California Business and Professions Code, and subject to obtaining

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Case 3:21-cv-02493 Document 1-1 Filed 04/06/21 Page 4 of 5 Agenda Item #11.2.
permission required to do so obtained from the California Department of Real Estate." (SHMC § 17.112.150.) The Zoning Code provides that fractional ownership hotels are conditionally permitted in the Service Commercial district. Timeshares as discussed herein, by comparison, may be for any particular interval of time and are a type of fraction al/pa rtial ownership. But not all fractional/partial ownership interests are considered timeshare interests. For purposes of much of the discussion in this report, timeshares are discussed in the context of a single-family home rather than, for example, a large condominium project or converted hotel.

What are the challenges and limitations to regulating partial ownership in single-family residences?
City staff and the City Attorney's office have reviewed a small sample of other jurisdictions' ordinances regulating timeshares. What emerges as a theme from this limited review is that other jurisdictions appear to regulate timeshare uses as commercial uses, such as timeshare units in high-rise condominium buildings or something akin to fractional ownership hotels. The City's code appears to try to similarly regulate timeshare uses as a commercial use.

The most fundamental challenge to amending the Zoning Code to regulate fractional or partial ownership in single-family residences is that by law zoning regulations must focus on the use of land. (See, e.g., O'Loane v. O'Rourke, 231 Ca1.App.2d 774, 780 (1965) jzoning is "the regulation of buildings and structures, according to their construction, and the nature and extent of their use, and the nature and extent of the uses of land."].) State law enumerates the specific types of permissible zoning regulations, which are likewise focused on "the use of buildings, structures, and land" and related physical requirements, such as the location and size of signs, buildings and structures. (Gov. Code, § 65850.) Thus, the City's Zoning Code focuses on the types of uses, including, for example, different types of residential uses, winery uses, and commercial uses.

While there may be a concern that non -permanent City residents are purchasing property in St. Helena as a second home(s) either for themselves or their guests, zoning regulations may not target individuals. In other words, the City may not adopt a zoning regulation based on the identity of a tenant or where a particular resident permanently resides. See, e.g., Friends of Davis v. City of Davis, 83 Cal.AppAth 1004, 1013 (2000) ("a city does not have carte blanche to exclude a retail merchant that it, or some of its residents, do not like"].) City ordinances also may not regulate or define what constitutes a "family" for purposes of limiting the number of unrelated people who live together in a dwelling. (City of Santa Barbara v. Adamson, 27 Cal.3d 123 (1980).) There are also significant practical challenges to implementing and enforcing the existing timeshare regulations. Absent a proposed new development to specifically construct a timeshare project, the City does not know when a residence becomes a timeshare, since the ownership change is a private transaction between private parties.

The City does not have an easily available means to scrutinize such agreements or monitor the terms of particular ownership arrangements. Additionally, there may be a

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Case 3:21-cv-02493 Document 1-1 Filed 04/06/21 Page 5 of 5 Agenda Item #11.2.
number of joint ownership scenarios that do not necessarily trigger the same concerns as commercial transient uses or that do not qualify as a prohibited timeshare under the City's ordinance. For example, multiple members of an extended family may all wish to purchase a residence together. The family members may not all necessarily live in the home together at the same time, but they also did not set up an arrangement where they each have a timeshare interval. While this residence may be owned by multiple people who each do not choose to live in the residence, the joint or partial ownership of the residence would not be considered a timeshare as each family member could have equal access to the residence (as opposed to purchasing a limited amount of time).

These challenges do not necessarily preclude regulating or prohibiting timeshare uses but should be considered in determining whether additional or amended regulations are desired.

What may the City regulate with respect to timeshares?
For the above reasons, zoning based solely on ownership, as opposed to the use of land, is impermissible. Timeshare regulations should, thus, focus on the type and use of the property and its related impacts, such as specific intervals of exclusive occupancy that render the use more akin to a transient commercial use.

If the City Council is concerned about the potential neighborhood impacts timeshare uses may create, the City has existing regulations in place to address such impacts. For example, if the concern is that part-time owners may infrequently visit the property and have large parties, the City's noise ordinance addresses noise and authorizes abatement and issuance of an infraction. The City's Municipal Code also addresses nuisances generally and has parking standards in place. However, these regulations all regulate the impacts of certain activities on the land, not the land uses themselves.

FISCAL IMPACT
None at this time. Additional staff time and research will be required if zoning amendments are proposed.

RECOMMENDED ACTION
Receive this report, discuss, and provide direction to staff if desired. City staff is seeking guidance and clarification from the City Council concerning the specific problem(s) a Zoning Code amendment could help resolve, but with the limitations noted above for regulating timeshares and partial ownership.

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JS-CAND44(Rev.IOn020) Case 3:21-CV-02496T 7 unk M&F06/21 Page 1 of 2 1 V1 l R l
The JS-CAND 44 civil cover sir • t and the information contained herein neither replace nor supplement the filing and service of pleadings or other ppapers as required bylaw, except as provided by local rules of covet This form, approved in its original form by the Judicial Conference a the United States in September 1974, is required for the Clerk of Cottrtloinitiate the citil docket shcct (SEE INSTRUCTIONS ON NZIT PAGE OF THIS FORM)

1. (a) PLAINTIFFS
PACASO INC. and PAC 6 CA 2021 LLC
(b) County of Residence of First Listed Plaintiff Sur Francisco (EVCEPT 1N US. PLAINTIFF CASES)
(C) Attorneys (Firm Name. Address and Telephone Number) SKADMN. AM surf A [Mt ■ R 9Ill
12J i>w. 1 A- ft. 1�
),60.C./0ww l
r.wr�,.. arm nf-rm

11. BASIS OF JURISDICTION (Place an -.t' in One Box Only) 1 U S. Government Plaintiff X 3 Federal Question
(US. Government Nor a Party)
2 U.S Government Defendant 4 Diversity
(Indicate Ciri:enship of Parries in Item 111)

DEFENDANTS

THE CITY OF ST HELENA PLANNING AND BUILDING DIRECTOR MAYA DEROSA, MAYOR GEOFF ELLSWORTH, CITY ATTORNEY ETHAN WALSH, DOE DEFENDANTS R 1 - 5 County of Residence of First Listed Defendant Napa County (IN U S. PLAINTIFF CASES ONLY)

NOTE IN LAND CONDEMNATION CASES, USE THE LOCATION OF
THE TRACT OF LAND INVOLVED.

Attorneys (If Knonn)
CITIZENSHIP OF PRINCIPAL PARTIES (Place an •.I• in One Barfor Plains ff (Far D mrsity Cases Only) and One Bar for Defendant)

PTF DEF PTF DEF
Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This Stale
Citizen of Anther State 2 2 Incorporated and Principal Place 5 5 of Business In Another State
Citizen or Subject of a 3 3 Foreign Nation 6 6
IV. NATURE OF SUIT (Place an, r in One Box Only)

CONTRACT TORTS FORFEITUREMENALTY BANKRUPTCY OTHERSTATUTES 1101nsurance
120 Marine
130 Miller Act
140 Negotiable instrument
150 Recovery of
Overpayment Of
Veteran's Benefits
IS Medicare Act
152 Recovery of Defaulted
Student Loam (Excludes
Veterans)
153 Recovery of
Overpayment
of Veteran's Benefits
160 Stockholders' Suits
190 Other Contract

PERSONAL INJURY
310 Airplane
315 Airplane Product Liability
320 Assault, Libcl & Slander
330 Federal Employers'
Liability
340 Marine
345 Marine Product Liability
350 Motor Vehicle
355 Motor Vehicle Product
Liability
360 Other Personal Injury
362 Personal Injury -Medical
Malpractice

CIVIL RIGHTS
195 Contract Product Liability
X
[96 Franchise
444 Other Civi! Rights
441 Voting

REAL PROPERTY
442 Employment
2 [a Land Condemnation
443 Housing/
220 Foreclosure
Accommodations
230 Rent Lease &. Ejectment
445 Amer. w/Disabilities-
240 Tons to Land
Employment
245 Tort Product Liability
446 Amer. w/Disabilitis-Other
290 All Other Real Property I 448 Education

PERSONALINJURY
365 Personal Injury Product
Liability
367 Health Care/
Pharmaceutical Personal
Injury Product Liability
368 Asbestos Persona! Injury
Product Liability

PERSONAL PROPERTY
370 Other Fraud
371 Truth in Lending
380 Other Personal Property
Damage
38$ Property Damage Product
Liability

PRISONER PETITIONS

HABEAS CORPUS
463 Alicn Detainee
5to Motions to Vacate
Sentence
530 General
535 Death Penally
OTHER
540 Mandamus &.Other
550 Civil Rights
55$ Prison Condition
560 Civil Detainec-
Conditions of
Confinement
625 Drug Related Seizure of 42-1 Appeal 28 USC § 158 375 False Claims Act Property 21 USC § 881 423 Withdrawal 28 USC 376 Qui Tam (31 USC 690 Other § 157 § 3729(a))
LABOR PROPERTY RIGHTS 400 State Reapportionment
710 Fair Labor Standards Act 4l0 A
720 LahorlManagement
Relations
740 Railway tabor Act
751 Family and Mulical
Leave Act
790 Other Labor Litigation
791 Employee Retirement
Income Security Act

IMMIGRATION
462 Naturalization
Application
465 Other Immigration
Actions I
920 Copyrights
830 Patent
835 Patent —Abbreviated New
Drug Application
840 Trademark
880 Defend Trade Secrets
Act of 2016

SOCIAL SECURITY
861 HIA (13951n
862 Black Lung (923 )
963 DIWC/DIWW (405(g))
864 SSID Title XV[
865 PSI (405(g))
870 Taxes (US. Plaintiff or
Defendant)
871 IRS -Third Party 26 USC
§ 7609
ntttrust
430 Banks and Banking
450 Commerce
460 Deportation
470 Racketeer Influenced &
Corrupt Organizations
480 Consumer Credit
485 Telephone Consumer
Protection Act
490 CablelSat TV
850 Sceurities/Commodities
Exchange
890 Other Statutory Actions
891 Agricultural Acts
893 Environmental Matters
895 Freedom of Information
Act
896 Arbitration
899 Admaustnttivi: Ptocalurc
Act/Review or Appeal of
Agency Decision
950 Canstiltnionality of State
Statutes
V. ORIGIN (Placean-A- in One Bar Only)
X I Original 2 Removed from 3 Remanded from 4 Reinstated or 5 Transfcrrcd from 6 Mullidistrict 8 Multidistrict Proceeding State Court Appellate Court Reopened Another District (specify) Litigation -Transfer Litigation -Direct File VI. CAUSE OF Cite the U.S. Civil Statute under which You are filinix (Donor cite Jurisdictional statures unless diversltv):

ACTION 28 U.S.C. § 2201 and 2202, 42 U.S.C. § 1983
Brief descrintion of cause:

Pacuo treks decticatoty relief based m constitutional violations, improper use of poiice power, the inwiicebiiity of s City ordinance, and intendant intafensi a with prospective emnomc advantage, VII. REQUESTED IN CHECK IF THIS IS A CLASS ACTION DEMANDS CHECK YES only if demanded in complaint:

COMPLAINT: UNDER RULE 23, F: d R 1: i r, P. JURY DEMAND: X Yes No VM. RELATED CASE(S), JUDGE DOCKET NUMBER
IF ANY (See instructions). -
IX. DIVISIONAL ASSIGNMENT (Civil Local Rule 3-2)
(Place an "X" in One Box Only) X SAN FRANCISCO/OAKLAND SAN DOSE EUREKA-MCKINLEYVILLE DATE 4/6/2021 SIGNATURE OF ATTORNEY OF RECORD /s/ Lance A. Etcheverry

JS-CAND44(rev. 1012020) Case 3:21-cv-02493 Document 1-2 Filed 04/06/21 Page 2 of 2 INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS-CAND 44 Authority For Civil Cover Sheet. The JS-CAND 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved in its original form by the Judicial Conference of the United States in September 1974, is required for the Clerk of Court to initiate the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows:

I. a) Plaintiffs -Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title.
b) County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the First listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) c) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)."
II. Jurisdiction. The basis of jurisdiction is set forth under Federal Rule of Civil Procedure 8(a), which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis ofjurisdiction, precedence is given in the order shown below. (1) United States Plaintiff. Jurisdiction based on 28 USC §§ 1345 and 1348. Suits by agencies and officers of the United States are included here. (2) United States defendant. When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. (3) Federal question. This refers to suits under 28 USC § 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box I or 2 should be marked.
(4) Diversity of citizenship. This refers to suits under 28 USC § 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.)
111. Residence (citizenship) of Principal Parties. This section of the JS-CAND 44 is to be completed if diversity of citizenship was indicated above.

Mark this section for each principal party.

IV. Nature of Suit. Place an "X" in the appropriate box. If the nature of suit cannot be determined, be sure the cause of action, in Section VI below, is sufficient to enable the deputy clerk or the statistical clerk(s) in the Administrative Office to determine the nature of suit. If the cause fits more than one nature of suit, select the most definitive.

V. Origin. Place an "X" in one of the six boxes.
(1) Original Proceedings. Cases originating in the United States district courts. (2) Removed from State Court. Proceedings initiated in state courts may be removed to the district courts under Title 28 USC § 1441. When the petition for removal is granted, check this box.
(3) Remanded from Appellate Court. Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date.
(4) Reinstated or Reopened. Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. (5) Transferred from Another District For cases transferred under Title 28 USC § 1404(a). Do not use this for within district transfers or multidistrict litigation transfers.
(6) Multidistrict Litigation Transfer. Check this box when a multidistrict case is transferred into the district under authority of Title 28 USC § 1407. When this box is checked, do not check (5) above. (8) Multidistrict Litigation Direct File. Check this box when a multidistrict litigation case is filed in the same district as the Master MDL docket.

Please note that there is no Origin Code 7.Origin Code 7 was used for historical records and is no longer relevant due to changes in statute.

V1. Cause of Action. Report the civil statute directly related to die cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example; U.S. Civil Statute: 47 USC § 553. Brief Descrintion: Unauthorized reception of cable service, VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Federal Rule of Civil Procedure 23, Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction.

Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded.

VIII. Related Cases. This section of the JS-CAND 44 is used to identify related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases.

IX. Divisional Assignment. If the Nature of Suit is under Property Rights or Prisoner Petitions or the matter is a Securities Class Action, leave this section blank. For all other cases, identify the divisional venue according to Civil Local Rule 3-2: "the county in which a substantial part of the events or omissions which give rise to the claim occurred or in which a substantial part of the property that is the subject of the action is situated." Date and Attorney Signature. Date and sign the civil cover sheet.

(Effective 1 /2u 18)

JUDGE ORRICK'S STANDING ORDER FOR CIVIL CASES

1. Conformity to Rules
Parties shall follow the Federal Rules of Civil Procedure, the Civil Local Rules, and the General Orders of the Northern District of California, except as superseded by this Court's Standing Orders.

2. Communication with the Court
Unless otherwise authorized, parties shall not attempt to make ex parse contact with the Judge or his Chambers staff by telephone, facsimile, letter, or any other means but may contact Judge Orrick's Courtroom Deputy, Jean Davis, at [email protected] or 415-522-2077 with appropriate inquiries.

3. Scheduling
Civil Law and Motion Calendar is generally conducted on Wednesdays at 2:00 p.m. in Courtroom 2 on the 17th floor.

Civil Case Management Conferences are generally conducted on Tuesdays at 2:00 p.m. in Courtroom 2 on the 17th floor. See Judge Orrick's Standing Case Management Conference Order for information on telephonic appearances for CMCs.

Pretrial Conferences are generally conducted on Mondays at 2:00 p.m. in Courtroom 12 on the 19th floor.

Counsel need not reserve motion hearing dates, but should check Judge Orrick's calendar (at www.cand.uscourts.sov under "Calendar" and "Judges' Weekly Calendars") or contact his Courtroom Deputy to determine the next available law and motion calendar date. Motions may be reset as the Court's calendar requires. The order of call on each calendar will be determined by the Court.

4. Discovery Disputes
In the event of a discovery dispute, lead trial counsel for the parties shall meet and confer in person, or, if counsel are located outside the Bay Area, by telephone, to attempt to resolve their dispute informally. A mere exchange of letters, e-mails, telephone calls, or facsimile transmissions does not satisfy the requirement to meet and confer.

If, after a good faith effort, the parties have not resolved their dispute, they shall prepare a concise joint statement of five pages or less, stating the nature and status of their dispute, and certifying that they have met the meet -and -confer requirement. Absent an order of this Court, parties shall not file affidavits or exhibits, other than copies of the written requests for discovery and the answers or objections thereto.

If a joint statement is not possible, each side may submit a brief individual statement of two pages or less.

In addition to the certification of compliance with the meet -and -confer requirement, the individual statement shall include an explanation of why a joint statement was not possible. The joint statement or individual statements shall be filed or e-filed, if in an e-filing case, and courtesy copies submitted as provided by the Civil Local Rules.

The Court will advise the parties of the need, if any, for more formal briefing or a hearing, pursuant to Civil Local Rule 7-1(b). The Court may also elect to refer the matter to a magistrate judge or special master. If a magistrate judge is assigned to a case for discovery, that judge shall handle any future discovery disputes in that case and the parties shall comply with the procedures set by that judge for discovery.

(Effective 1 /2018)

5. Courtesy Copies
All courtesy copies must be three -hole punched at the left margin. All courtesy copies of a -filed documents must bear the ECF stamp (case number, document number, date and page number) on the top of each page. Exhibits to motions or declarations shall be tabbed and numbered or lettered. Motions and briefs that are more than 50 pages in length, including exhibits, shall be submitted to chambers in binders. Courtesy copies are not required for certificates and proofs of service, notices of appearance, certificates of interested parties, and ADR certifications.

6. Summary Judgment Motions
Parties are limited to filing one motion for summary judgment. Any party wishing to exceed this limit must request leave of Court.

7. Class Action Settlements
Counsel are reminded to review and comply with the Northern District's Procedural Guidance for Class Action Settlements available on the Court's website at www.cand.uscourts.gov/ClassActionSettlementGuidance .

8. Service of Standing Order
Plaintiff (or in the case of removed cases, any removing defendant) is directed to serve copies of all Judge Orrick Standing Orders at once upon all parties to the action, and upon those subsequently joined, in accordance with the provisions of Federal Rules of Civil Procedure 4 and 5 and to file with the Clerk of Court a certificate reflecting such service, in accordance with Civil Local Rule 5-5(a).

9. Unrepresented (Pro Se) Parties
Parties representing themselves should visit the link titled "if You Don't Have a Lawyer" on the Court's homepage, www.cand.uscourts.aov . The link discusses the Court's "Legal Help Center" for unrepresented parties. The Legal Help Center can be reached at 415-782-8982. in San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 470S, of the courthouse at 1301 Clay Street.

IT IS SO ORDERED.

Dated: 1 / 18/2018
fa
�� V eap.

William H. Orrick
United States District Judge

(Effective 3/2018)
Y

JUDGE ORRICK'S STANDING ORDER ON

ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL
Any party seeking to file material under seal must comply with this Order and Civil Local Rule 79-5. The party that has designated material as confidential also must file a declaration in support of sealing that rebuts the strong presumption in favor of public access that applies to all documents other than grand jury transcripts and pre -indictment warrant materials. See Kamakana v. City & Cnty. of Honolulu, 447 F.3d 1172, 1178 (9th Cir. 2006).

A. Administrative Motions to File Under Seal
Administrative motions to file materials under seal must contain the following information, presented in the following sequence:

1. A statement certifying that the filing party has reviewed and complied with this Order.

2. A statement certifying that the filing party has reviewed and complied with Civil Local Rule 79-5.

3. An identification of each document, documents, or portions of documents proposed to be sealed or redacted.

4. A statement identifying the entity that has designated the materials to be sealed as confidential. If a party seeks to seal numerous documents, the party shall provide a chart identifying the entity that designated each document as confidential.

5. A statement identifying the basis for sealing each document or portion of a document. If a party seeks to seal numerous documents, the party shall provide a chart identifying the basis for sealing each document or portion of a document. If the portions of documents sought to be sealed are voluminous, the Court will consider a single statement covering multiple documents if the basis for sealing those materials is the same.

6. All other materials required by the Local Rule, including courtesy copies in the correct format. See CIVIL L.R. 79-5(d).

B. Justification for Filing Under Seal
The following requirements apply to the Administrative Motion and/or declaration filed by the entity that has designated the material as confidential.

The party seeking to seal the material must establish that the following requirements are met:

1. The document or document portion sought to be sealed is "privileged, protectable as a trade secret or otherwise entitled to protection under the law." CIVIL L.R. 79-5(b).

Supporting declarations must `"articulate [ ] reasons supported by specific factual findings"' to warrant sealing. Kamakana, 447 F.3d at 1178. Note that "[r]eference to a stipulation or protective order that allows a party to designate certain documents as confidential is not sufficient to establish that a document, or portions thereof, are sealable." CIVIL L.R. 79-5(d)(1)(A). Conclusory assertions of harm are also insufficient.

2. The "strong presumption of access to judicial records" is rebutted under the appropriate legal standard, i.e., the "good cause" or "compelling reasons" standard. The standard that

(Effective 3/2018)
applies depends on whether the underlying motion at issue "is more than tangentially related to the merits of a case." Ctr. for Auto Safety v. Chrysler Group, LLC, 809 F.3d 1092, 1101 (9th Cir. 2016). The Administrative Motion or declaration must identify the appropriate standard and articulate why the materials to be sealed satisfy that standard. "The mere fact that the production of records may lead to a litigant's embarrassment, incrimination, or exposure to further litigation will not, without more, compel the court to seal its records." Kamakana, 447 F.3d at 1179.

The request is "narrowly tailored to seek sealing only of sealable material" and does not indiscriminately seek to seal documents or portions of documents which do not contain sealable material. CIVIL L.R. 79-5(b).

C. Proposed Orders and Service

1. Proposed Orders must identify with specificity each document, documents, or portions of documents proposed to be sealed or redacted in compliance with Civil Local Rule 79- 5(d)(1)(B). If a party seeks to seal numerous documents, the Proposed Order should include a chart identifying each document or portion of document sought to be sealed and the justification for each proposed sealing.

2. Electronic copies of proposed orders must be sent in Word format to [email protected]._gov.

3. The fling party must serve the above items, this Order, and a copy of Civil Local Rule 79-5 upon (i) any party who is not on ECF, and (ii) any non-party that has designated as confidential any material to be sealed. The filing party must then file a certificate of service to confirm that it has complied.

D. E-filing
l . For instructions on how to a -file the Administrative Motion to File Under Seal, see the directions on the Court's homepage at http:/Icand.uscourts.gov/ecf/underseal.

2. If the document sought to be filed under seal is a motion (for example, a motion to dismiss, a motion for summary judgment), counsel shall a -file, separately from the contents and attachments of the Administrative Motion to File Under Seal discussed above, a redacted version of the Motion. That separate filing will allow counsel to select a hearing date for the substantive Motion.

FAILURE TO COMPLY WITH THIS STANDING ORDER AND THE LOCAL RULES MAY

RESULT IN SUMMARY DENIAL OF ADMINISTRATIVE MOTIONS TO FILE UNDER SEAL.

Dated: March 23, 2018
William H. Orrick
United States District Judge
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28 UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
A jury trial has been set in this matter for >, beginning at 8:00 a.m. with an attorney conference and jury selection to follow thereafter. A Pretrial Conference has been set for <<DATE» at 2:00 p.m.

The following scheduling deadlines and hearing dates have been set:

1. Pretrial Conference and Statement
Not less than 28 days prior to the Pretrial Conference, counsel shall exchange (but not file or lodge) the papers described in Civil L.R. 16-10(b)(7), (8), (9) and (10), and any motions in limine.

At least 21 days before the Pretrial Conference, lead trial counsel shall meet and confer with respect to:
• Preparation and content of the joint pretrial conference statement; • Resolution of any differences between the parties regarding the preparation and content of the joint pretrial conference statement and the preparation and exchange of pretrial materials to be served and filed pursuant to this Order. To the extent such differences are not resolved, the parties will present the issues in the pretrial conference statement so that the judge may rule on the matter during the Pretrial Conference; and
• Settlement.

At least 14 days prior to the Pretrial Conference, the parties shall file a joint pretrial conference statement containing the following information:
a. The Action
(i) Substance of the Action. A brief description of the substance of claims and defenses that remain to be decided.
(ii) Relief Prayed. A detailed statement of all the relief claimed, particularly itemizing all elements of damages claimed as well as witnesses, documents, or other evidentiary

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28 material to be presented concerning the amount of those damages. b. The Factual Basis of the Action
(i) Undisl2uted Facts. A plain and concise statement of all relevant facts not reasonably disputable, as well as which facts parties will stipulate for incorporation into the trial record without the necessity of supporting testimony or exhibits. (ii) Disputed Factual Issues. A plain and concise statement of all disputed factual issues that remain to be decided.
(iii) Agreed Statement. A statement assessing whether all or part of the action may be presented upon an agreed statement of facts.
(iv) Stipulations. A statement of stipulations requested or proposed for pretrial or trial purposes.

C. Disputed Legal Issues
(i) Points of Law. Without extended legal argument, a concise statement of each disputed point of law concerning liability or relief, citing supporting statutes and decisions setting forth briefly the nature of each party's contentions concerning each disputed point of law, including procedural and evidentiary issues.
(ii) Proposed Conclusions of Law. If the case is to be tried without a jury, unless otherwise ordered, parties should briefly indicate objections to proposed conclusions of law. d. Trial Preparation
(i) Witnesses to be Called. A list of all witnesses likely to be called at trial, other than solely for impeachment or rebuttal, together with a brief statement following each name describing the substance of the testimony to be given.
(ii) Exhibits. Schedules and Summaries. A list of all documents and other items to be offered as exhibits at the trial, other than solely for impeachment or rebuttal, with a brief statement following each describing its substance or purpose and the identity of the sponsoring witness. Unless otherwise ordered, parties will indicate their objections to the receipt in evidence PJ

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28 of exhibits and materials lodged and that counsel have conferred respecting such objections. (iii) Estimate of Trial Time. An estimate of the number of court days needed for the presentation of each party's case, indicating possible reductions in time through proposed stipulations, agreed statements of facts, or expedited means of presenting testimony and exhibits. (iv) Use of Discovery Responses. Counsel shall cite possible presentation at trial of evidence, other than solely for impeachment or rebuttal, through use of excerpts from depositions, interrogatory answers, or responses to requests for admission. Counsel shall indicate any objections to use of these materials and that counsel has conferred respecting such objections. (v) Further Discovery or Motions. A statement of all remaining discovery or motions, including motions in limine.
e. Trial Alternatives and Options
(i) Settlement Discussion. A statement summarizing the status of settlement negotiations and indicating whether further negotiations are likely to be productive. (ii) Consent to Trial Before a Magistrate Judge. A statement whether reference of all or part of the action to a master or magistrate judge is feasible, including whether the parties consent to a court or jury trial before a magistrate judge, with appeal directly to the Ninth Circuit. (iii) Amendments, Dismissals. A statement of requested or proposed amendments to pleadings or dismissals of parties' claims or defenses. (iv) Bifurcation. Separate Trial of Issues. A statement of whether bifurcation or a separate trial of specific issues is feasible and desired.

2. Witnesses
a. Jury Trials. The Pretrial Conference Statement shall include the witness list required in part by 1(d)(i) above. In addition, in the case of expert witnesses, the summary shall clearly state the expert's theories and conclusions and the basis therefore and shall be accompanied by a curriculum vitae; if the expert has prepared a report in preparation for the testimony, a copy thereof shall be furnished to opposing counsel. Witnesses not included on the 3 a c
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list may be excluded from testifying.
b. Non -Jury Trials. In non jury cases, any party may serve and lodge with the Court a written narrative statement of the proposed direct testimony of each witness under that party's control in lieu of a summary. Each statement shall be marked as an exhibit and shall be in a form suitable to be received into evidence.

3. Jury Instructions
a. Joint Set of Instructions. The parties shall jointly prepare a set of jury instructions, and shall file the proposed instructions at least fourteen days prior to the Pretrial Conference. The submission shall contain both agreed upon instructions (which shall be so noted), and contested instructions, all in the order in which they should be read to the jury. Where contested instructions are included, they should be annotated both with the proponent's authority for seeking the instruction and the opponent's reason for opposition. Counsel shall deliver to Chambers a copy of the joint submission on a CD/DVD in Word format. The label shall include the case number and a description of the documents.
b. Substance and Format of Instructions. The instructions shall cover all substantive issues and other points not covered by the Ninth Circuit Manual of Model Jury Instructions. Each requested instruction shall be typed in full on a separate page and citations to the authorities upon which the instruction is based shall be included. Instructions shall be brief, clear, written in plain English, and free of argument. Pattern or form instructions shall be revised to address the particular facts and issues of this case.

C. Preliminary Statement and Instructions. If the parties wish to have a preliminary statement read to the jury, and/or preliminary instructions given to the jury, they shall jointly prepare and file the text of the proposed preliminary statement and/or preliminary instructions at least fourteen days prior to the Pretrial Conference.
d. Voir Dire and Verdict Forms. Each party shall file proposed questions for jury voir dire and a proposed Form of Verdict at least fourteen days prior to the Pretrial Conference. 4 � o
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28 4. Findings of Fact and Conclusions of Law
In non jury cases, each party shall file at least fourteen days prior to the Pretrial Conference proposed Findings of Fact and Conclusions of Law on all material issues. The Court requests that the parties hyperlink each proposed Finding of Fact to any supporting evidence.

Proposed Findings shall be brief, written in plain English, and free of pejorative language, conclusions and argument. Parties shall deliver to Chambers copies of Proposed Findings of Fact and Conclusions of Law on a CD/DVD in Word format, with a label including the name of the case, the case number and a description of the submission.

5. Exhibits
a. Provide Copies of Exhibits to Other Parties. Each party shall provide every other party with one set of all proposed exhibits, charts, schedules, summaries, diagrams, and other similar documentary materials to be used in its case in chief at trial, together with a complete list of all such proposed exhibits. Voluminous exhibits shall be reduced by elimination of irrelevant portions or through the use of summaries. Each item shall be pre -marked with a trial exhibit sticker ("Trial Exhibit No.— I'), not deposition exhibit label, and defendant's exhibit numbers shall be sequenced to begin after plaintiff's exhibit numbers. If there are numerous exhibits, they should be provided in three-ring binders with marked tab separators. All exhibits that have not been provided as required are subject to exclusion.
b. Stipulations re Admissibility. At least fourteen days prior to the Pretrial Conference, the parties shall make a good faith effort to stipulate to exhibits' admissibility. If stipulation is not possible, the parties shall make every effort to stipulate to authenticity and foundation absent a legitimate (not tactical) objection.

C. Obiections to Exhibits. In addition to the exhibit list, counsel shall confer with respect to any other objections to exhibits in advance of the Pretrial Conference. Each party shall file a statement briefly identifying each item objected to, the grounds for the objection, and the position of the offering party at least fourteen days prior to the date set for the Pretrial Conference. 5 I
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28 d. Provide Copies of Exhibits to Court. One set of exhibits shall be provided to the Court in Chambers on the Friday prior to the trial date, in binders, marked, tabbed, and indexed in accordance with Local Rule 16-10(b)(7). Exhibits shall be identified as follows:

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
TRIAL EXHIBIT 100
CASE NO.

DATE ENTERED
BY

DEPUTY CLERK
Blocks of numbers shall be assigned to fit the needs of the case (e.g., Plaintiff has 1-100, Defendant has 101-200). The parties shall not mark duplicate exhibits (e.g., plaintiff and defendant shall not mark the same exhibit; only one copy of the exhibit shall be marked). e. Witness Binders. If all of the exhibits in a case do not fit in one binder, then the parties shall prepare a witness binder for each witness that will testify regarding three or more exhibits.
f. Disposition of Exhibits after Trial. Upon the conclusion of the trial, each party shall retain its exhibits through the appellate process. It is each party's responsibility to make arrangements with the Clerk of Court to file the record on appeal.

6. Motions In Limine
Any party wishing to have motions in limine heard prior to the commencement of trial must file them at least fourteen days prior to the date set for the Pretrial Conference. All motions in limine shall be contained in one document, limited to 25 pages pursuant to Civil L.R. 7-2(b), P

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with each motion listed as a subheading. Opposition to the motions in limine shall be contained in one document, limited to 25 pages, with corresponding subheadings, and shall be filed at least seven days prior to the Pretrial Conference. No reply papers will be considered. The motions will be heard at the Pretrial Conference or at such other time as the Court may direct. Nothing in this provision prevents a party from noticing its motions in limine regularly for hearing on or prior to the final date for hearing dispositive motions. No leave to file under seal will be granted with respect to motions in limine.

7. Other Pretrial Matters
a. Status Conferences. Any party desiring to confer with the Court may, upon notice to all other parties, arrange a conference through the Courtroom Deputy, Jean Davis, at 415-522- 2077 or [email protected].
b. Settlement Conferences. Parties wishing to arrange a settlement conference before another judge or magistrate judge may do so by contacting the Courtroom Deputy.

C. Daily Transcripts. Should a daily transcript and/or realtime reporting be desired, the parties shall make arrangements with Rick Duvall, Court Reporter Supervisor, at 415-522- 2079 or [email protected], at least seven calendar days prior to the trial date.

8. Trial Matters
a. The normal trial schedule will be from 8:00 a.m. to 1:00 p.m. (or slightly longer to finish a witness) with two fifteen minute breaks. Trial is usually held from Monday through Friday.
b. Ordinarily, the Court will set fixed time limits for each side at the Final Pretrial Conference.

C. Expert witnesses are limited to the scope of their expert reports on direct examination. F.R.C.P. 26(a)(2) and 37(c).
d. Parties must meet and confer to exchange any visuals, graphics or exhibits to be used in opening statements. Unless otherwise agreed, the exchange must occur no later than 7 C*
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Wednesday before the trial. Any objections not resolved must be filed in writing by Thursday before trial. The parties shall be available by telephone Friday before trial to discuss the issue raised with the Court.
e. The parties shall disclose the witnesses whom they will call at trial on any given day by at least 2:00 p.m. the court day before their testimony is expected. Failure to have a witness ready to proceed at trial will usually constitute resting. f. The Court takes a photograph of each witness prior to the witness's testimony. g. Other than a party or party representative, fact witnesses are excluded from the courtroom until they are called to testify, and may not attend in the gallery until their testimony is complete.
h. The Court does not typically allow bench conferences. If there are matters that need to be raised with the Court outside the presence of the jury, the parties should raise them in the morning before trial or during recess. With advance notice, the Court is usually available at 7:30 a.m. to address such matters.

9. Miscellaneous
a. Please DO NOT call Chambers. If you need to contact the Courtroom Deputy, please call (415) 522-2077 and leave a message if the deputy is not available, or email [email protected].
b. Coyies. Each document filed or lodged with the Court must be accompanied by a three -hole punched copy for use in the Judge's chambers. In addition, one copy of the witness and exhibit lists should be furnished to the court reporter.

IT IS SO ORDERED.

It
Dated: February 2017 V��V,Qoe_
William H. Orrick
United States District Judge
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
IT IS HEREBY ORDERED that, pursuant to Fed.R.Civ.P. 16(b) and Civil L. R. 16-10, a Case Management Conference will be held in this case before the Honorable William H. Orrick on > at 2:00 p.m. in Courtroom 2, 17th Floor, 450 Golden Gate Avenue, San Francisco, California 94102. This conference shall be attended by lead trial counsel for parties who are represented. Parties who are proceeding without counsel must appear personally.

1. Case Management Conference Requirements
a. Plaintiffs shall serve copies of this Order at once on all parties to this action, and on any parties subsequently joined, in accordance with the provisions of Fed.R.Civ.P. 4 and 5. Following service, plaintiffs shall file a certificate of service with the Clerk of this Court.
b. Counsel are directed to confer in advance of the Case Management Conference.

Not less than seven days before the conference, counsel shall file a joint case management statement in compliance with the Civil Local Rules and the Standing Order for All Judges of the Northern District of California. Failure to file a joint statement shall be accompanied by a signed declaration setting forth the grounds

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for such failure. Failure to show good cause for such failure may subject the parties to sanctions.

C. Each party shall be represented at the Case Management Conference by counsel prepared to address all of the matters referred to in this Order, and with authority to enter stipulations and make admissions pursuant to this Order. d. Any request to reschedule the above date should be made in writing, and by stipulation, if possible, not less than ten days before the conference date. Good cause must be shown.
e. At the Case Management Conference the parties should be prepared to address and resolve the following: setting the date and the estimated length of the trial; setting the date for discovery cutoff; setting the date to designate experts and other witnesses; and setting the date for the pretrial conference.

2. Telephonic Appearance Procedures for Case Management Conferences a. Although the Court prefers in -person appearances, the Court allows attorneys whose offices are more than thirty miles from the Courthouse to appear for civil Case Management Conferences (only) by telephone. No motion or other formal request is required. Unless the parties propose a different procedure that the court authorizes, telephonic appearances are made through CourtCall, an independent conference -call company, pursuant to the procedures set forth in section 2b. If an individual schedules a telephonic appearance and then fails to respond to the call of a matter on calendar, the Court may pass the matter or may treat the failure to respond as a failure to appear. Scheduling simultaneous telephonic appearances in multiple courts does not excuse a failure to appear.
b. SCHEDULING A TELEPHONIC APPEARANCE. Absent an emergency, telephone appearances should be arranged by calling CourtCall at (866) 582-6878 2 1
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28 no later than 3:00 p.m. the court day prior to the hearing date. c. PROCEDURE FOR TELEPHONIC APPEARANCE. Court Call will provide counsel with written confirmation of the telephonic appearance, and give counsel a number to call to make the telephonic appearance. It is counsel's responsibility to dial into the call not later than 10 minutes prior to the scheduled hearing.

CourtCall does not place a call to counsel.

The initial charge per participant for a CourtCall appearance is $30.00 for the first 45 minutes you are connected. For each additional 15-minute increment the charge is $7.00. If you do not timely call and connect with the Court Call operator, you will be billed for the call, and the hearing may proceed in your absence.

Telephonic appearances are connected directly with the courtroom's public address system and electronic recording equipment so that a normal record is produced. To ensure the quality of the record, the use of mobile phones, speakerphones, public telephone booths, or phones in other public places is discouraged except when completely unavoidable. Participants should be able to hear all parties without difficulty or echo.

At the time of your hearing, you may be in the listening mode initially, in which case you will be able to hear the case before yours just as if you were in the courtroom. After your call is connected to the courtroom, the Clerk will call the case and request appearances. Each time you speak, you should identify yourself for the record. The court's teleconferencing system allows more than one speaker to be heard; so the Judge can interrupt a speaker to ask a question or redirect the discussion. When the Judge informs the participants that the hearing is completed, you may disconnect, and the next case will be called.
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28 3. Notice to Unrepresented (Pro Se) Parties in Non -Prisoner Cases a. Parties representing themselves should visit the link titled "If You Don't Have a Lawyer" on the Court's homepage, www.cand.uscourts.aov . The link discusses the Court's "Legal Help Center" for unrepresented parties. In San Francisco, the Legal Help Center is located on the 15th Floor, Room 2796, of the courthouse at 450 Golden Gate Avenue. In Oakland, the Legal Help Center is located on the 4th Floor, Room 4705, of the courthouse at 1301 Clay Street. To make an appointment for San Francisco or Oakland, call 415-782-8982.
b. If you are representing yourself and you have not been granted leave to proceed in forma pauperis (IFP) by the Court, you must comply with the service requirements of Rule 4 of the Federal Rules of Civil Procedure, as set forth below. Failure to follow the procedures may result, under Rule 4(m), in dismissal of your case:
(i) It is your responsibility to obtain a valid summons from the clerk and to effect service of the summons and complaint on all defendants in accordance with Rule 4 of the Federal Rules of Civil Procedure. If you have named the United States government, a federal agency, a federal official or a federal employee as a defendant, you must comply with the special requirements of Rule 4(i). (ii) Service may be affected by any person who is not a party and who is at least 18 years of age, which means that you, as a party, may not affect service. if service of the summons and complaint is not made upon a defendant within 90 days after the filing of the complaint, your action will, under Rule 4(m), be dismissed as to that defendant.
(iii) Within 95 days after the filing of the complaint, you must file proof of service indicating which defendants were served within the 90 days allowed under Rule 4(m) and showing, in accordance with Rule 4(i), how each of those 4 v5 ❑
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defendants was served (for example, by attaching appropriate certificates of service). You must also show cause why a defendant not served within the 90 days allowed under Rule 4(m) should not be dismissed without prejudice. (iv) Failure to do these things within the designated time will result in the dismissal of your case under Rule 4(m) and Rule 41(b).

Dated: January 2018
William H. Orrick
United States District Court Judge
5 Case 4:21-cv-02493-WHO Document 10-1 Filed 04/09/21 Page 1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NOTICE OF ELIGIBILITY FOR VIDEO RECORDING
This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.zoy'cameras. The parties' consent is required before any proceedings in this case may be recorded. If a party, the presiding judge, or a member of the media requests that a proceeding be recorded, consent of the parties will be presumed unless a party submits an Objection to Request for Video Recording form as directed by the Cameras in the Courtroom Procedures.

Parties objecting to video recording are asked, for research purposes, to communicate to the Court the reasons for declining to participate. If you decline to participate, you should candidly convey the reasons for your decision. Whether you agree to participate or decline to participate will have no effect on your case whatsoever. isAW 0 - �!M
Susan Y. So ng, Clerk f Court

Case 4;21-cv-02493•WHO Document 10 Filed 04/09/21 Page 1 of 1 1 2
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
PACASO INC., et a1.,
Plaintiffs,
VM
CITY OF ST. HELENA, et al.,
Defendants.

Case No. 21-cv-02493-KAW

ORDER REASSIGNING CASE
IT IS ORDERED that this case has been reassigned using a proportionate, random and blind system pursuant to General Order No. 44 to the Honorable William H. Orrick in the San Francisco division for all further proceedings. Counsel are instructed that all future filings shall bear the initials WHO immediately after the case number.

All hearing and trial dates presently scheduled are vacated. However, existing briefing schedules for motions remain unchanged. Motions must be renoticed for hearing before the judge to whom the case has been reassigned, but the renoticing of the hearing does not affect the prior briefing schedule. Other deadlines such as those for ADR compliance and discovery cutoff also remain unchanged.

Dated: April 9, 2021
Susan Y. Soong
Clerk, United States District Court
A true and correct copy of this order has been served by mail upon any pro se parties.

Case 4:21-cv-02493-WHO Document 10 Filed 04/09/21 Page 1 of 1 1 2
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UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA
PACASO INC., et al.,
Plaintiffs,
V.

CITY OF ST. HELENA, et al.,
Defendants.

Case No. 21-cv-02493-KA W

Dated: April 9, 2021
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Susan Y. Soong
Clerk, United States District Court
A true and correct copy of this order has been served by mail upon any pro se parties.

Case 4:21-cv-02493-WHO Document 10-1 Filed 04/09/21 Page 1 of 1

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF CALIFORNIA

NOTICE OF ELIGIBILITY FOR VIDEO RECORDING
This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and cand.uscourts.aovlcameras. The parties' consent is required before any proceedings in this case may be recorded. If a party, the presiding judge, or a member of the media requests that a proceeding be recorded, consent of the parties will be presumed unless a party submits an Objection to Request for Video Recording form as directed by the Cameras in the Courtroom Procedures.

Appendix P —Town of Truckee Ordinance

FRACTIONAL HOUSING
-P1-

DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26

TOWN OF TRUCKEE
California
DRAFT ORDINANCE 2022-05

AN ORDINANCE OF THE TOWN OF TRUCKEE
AMENDING THE TRUCKEE MUNICIPAL CODE, TITLE 18, DEVELOPMENT CODE

FOR CLEAN-UP AMENDMENTS
WHEREAS, the Town Council adopted the 2025 General Plan on November 16, 2006 thereby establishing the Council's policy on future growth, development, and conservation of natural resources; and
WHEREAS, the Council adopted the 2025 General Plan Implementation Program on November 16, 2006, establishing the priorities, responsibilities and timelines for implementing the actions and programs of the General Plan; and
WHEREAS, a number of actions and programs are to be implemented through the Development Code and will require amendments to the Development Code; and WHEREAS, the Council may initiate amendments to the Development Code, and the Planning Commission is an advisory body to the Council on matters concerning land use regulation and the Development Code; and
WHEREAS, the Planning Commission adopted Resolution 2007-10 on June 13, 2007 recommending to the Council that the Council initiate a comprehensive update to Title 18, Development Code, of the Municipal Code; and
WHEREAS, the Town Council adopted Resolution 2007-36 on July 19, 2007 initiating a comprehensive update to Title 18, Development Code, of the Municipal Code; and WHEREAS, on April 12, 2022, the Town Council adopted amendments to the Short -Term Rental Ordinance (Municipal Code Title 5, Chapter 5.02) which requires amendments to the Development Code (Municipal Code Title 18) to ensure consistency among Town regulations; and
WHEREAS, the Development Code is reviewed regularly to ensure consistency with recently adopted State law,
WHEREAS, clean-up amendments are incorporated in order to help provide accurate and consistent review of all projects; and
WHEREAS, the Planning Commission reviewed all proposed amendments at its April 19, 2022 public hearing and recommended approval to the Town Council.

The Town Council of the Town of Truckee Does Ordain as Follows:

Section 1.

Enactment. Title 18, Development Code, of the Municipal Code is hereby amended as designated in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference.

Section 2.

Docusign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 Ordinance 2022-05

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Findings. The Council hereby adopts the following findings in support of adoption of this ordinance and the amendments to Title 18, Development Code. The May 10, 2022 Town Council staff report and meeting minutes, and the April 19, 2022 Planning Commission staff report and meeting minutes, are hereby incorporated herein by reference and provide a factual basis for the findings.
a. The proposed amendments directly implement and are internally consistent with the goals, policies, and actions of all elements of the 2025 General Plan. The proposed changes are clean-up amendments to ensure consistency with State law, the Town's recently amended Short Term Rental Ordinance, and to clarify and streamline Development Code requirements.

Section 18.58.260 (Time -Share Uses) is incorporated to codify the Town's historical determination that time-share uses are considered commercial uses and to outline the application process, development standards and enforcement and violation protocols for these uses. b. The proposed amendments would not be detrimental to the public interest, health, safety, convenience, or welfare of the Town.

Section 3.

CEQA Findings. The Council has determined that the proposed Development Code amendments were assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the Town. The amendments are not subject to CEQA because the adoption of this ordinance is not a "project" pursuant to Sections 15060(c)(2) and 15060(c)(3) of Title 14 of the California Code of Regulations. Moreover, under Section 15061(b)(3) of the State CEQA Guidelines, the amendments are exempt from the requirements of CEQA because it can be seen with certainty that the provisions contained herein would not have the potential for causing a significant effect on the environment.

Section 4.

Summary Publication. The Town Clerk is hereby directed to publish this ordinance in accordance with the law.

The foregoing Ordinance was introduced at a regular meeting of the Truckee Town Council held on the 1 oth day of May, 2022, and adopted at a regular meeting of the Truckee Town Council on the 24th day of May, 2022, by Council Member Polivy, who moved its introduction, which motion was seconded by Council Member Zabriskie was upon roll call carried by the following vote:

AYES: Council Member Polivy, Council Member Zabriskie, Vice Mayor Romack, Council Member Klovstad, and Mayor Henderson.

NOES: None.

ABSENT: None.

QocuSign Envelope ID: 6OOF6A3E-8093-4FB4-AI)OF-2E340FE#5C26 Ordinance 2022-05

Page 3 ends

DocuSiyned by;
0888EQBDFEF742A.

Courtney Henderson, Mayor
ATTEST: APPROVED AS TO FORM.

E Doe Sign d hy:
�
Oocu5lgnetl by:

EaCE2C5430930349B..

Judy Price, MMC, Town Clerk
Attachments:

Andrew Morris, Town Attorney
Exhibit A — Title 18, Development Code Amendments (Summary) Exhibit B — Title 18, Development Code Amendments

Docusign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 ORDINANCE 2022-05
Title 18, Development Code Amendments
Title 18. Development Code, of the Truckee Municipal Code is hereby amended as follows:

Amendments to Article II, Section 18.08.030, Tables 2-2 and 2-3 (Allowed Uses and Permit Requirements for Residential Zoning Districts and Downtown Residential Zoning Districts), Section 18.12.030, Tables 2-7 and 2-8 (Allowed Uses and Permit Requirements for Commercial and Manufacturing Districts); Article III, Section 18.30.056.B (Easements), Section 18.30.120, Table 3-3 (Setbacks), Section 18.30.150 (Solid Waste/Recyclables Materials Storage), Section 18.58.025 (Accessory Dwelling Units), Section 18.58.070 (Bed and Breakfast Inns), Section 18.58.100 (Detached Living Areas), Section 18.58.220 (Residential Accessory Uses and Structures), Section 18.58.260 (Time -Share Uses); Article IV, Chapter 18.72 (Zoning Clearances), Section 18.88.030 (Vacations); Article V, Section 18.95.020 (Urban Lot Split Height Restrictions), Section 18.96.150 (Extensions of Time for Tentative Maps); Article VI, Section 18.200.040 (Enforcement); and Amendments to Article VIII, Chapter 18.220 (Definitions/Glossary) are hereby amended as designated in Exhibit "B" attached hereto and incorporated herein.

DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 DRAFT ORDINANCE 2022-05
EXHIBIT "B"
Title 18, ❑evelopment Code Amendments
Title 18, Development Code, of the Truckee Municipal Cade is hereby amended to read as follows (additions are shown by underline type; deletions are shown in stf*.6tkWr'4u0 type; Commission modifications are shown in red underlined type; minor technical edits made by staff are shown In underline type):

DocuSign Envelope ID i3DOF6A3E-BD93-4FB4-ADDF-2E34DFEt5C26 TRUCKF,F MUN[C]PAL CoDF - Tin 18, DFVELCPMFNT CODF
Residential Zoning Districts
TABLE 2-2 —ALLOWED USES AND PERMIT REQUIREMENTS
FOR RESIDENTIAL ZONING DISTRICTS (Continued)

RESIDENTIAL USES

18.08 PERMIT REQUIREMENT
LAND USE (1) BY DISTRICT See standards
RR I IRS I RM in Section:

Accessory dwelling units
P
P
P

18.58,025
Animal raising and keeping of household pets and backyard chickens P
P
MUP

18.54,060
Detached living areas
P
P
P

18.54.100
Emergency shelters
UP
Employee housing
PJ 3)
P(3)
Farmworker housing, up to 12 units or 36 beds in group quarters UP(4)
Junior Accessary Dwelling Units
P
P

18.58.025.N
Manufactured home
P
P
P(5)

18.58.170
Mobile home, tiny home or recreational vehicle as a temporary residence during construction
P
P
P
18,58.160
Mobile home parks
UP
UP
LfP

18.58.150
Multi -family dwellings, 2 to 10 units
P

18.58.180
Multi -family dwellings, 11 and more units
DP

18.58.180
Multi -family dwellings, individual ownership, 2 to 10 units UP
P
M54.180
Multi -family dwellings, individual ownership, 1 1 or more units UP
DP

18.58,180
Residential care facilities, 1 to b clients
P
P
P
Residential care facilities, 7 to 12 clients
UP
UP
UP
Rooming and boarding houses
Up
Senior citizen congregate care/congregate care housing
UP
18,58,240
Single-family dwellingsi W
P
P
Supportive housing
P(3)
P(3)
P(3)

18.58.255
y!
i,
Transient rental, single-family dwellings
P
P
P
Transitional !lousing
P(3)
PO)
P(3)

RETAIL TRADE USES
Accesso retail uses UP 18.58.030

KEY TO PERMIT REQUIREMENTS
Symbol
Permit Re uirentent
Procedure is
in Section:

P
Permitted use. Zoning Clearance required for projects with less than 7,500 sq. ft. of floor area and less than 26,000 sq. ft. of site disturbance.

18.72 DP
Development Permit required for permitted projects with 7,500 sq. ft. or more of floor area or 26,000 sq. ft. or more of site disturbance.

18.74 MUP
I Conditional use, Minor Use Permit approval required.

18.76 UP
Conditional use. Use Permit approval required.

18.76 TUP
Temporary use, Temporary Use Permit approval required.
1 &.80
Use not allowed. See 18.03.020.E regarding uses not listed.

Notes:
t1) Definitions of the listed land uses are in Chapter 18-220 (Definitions, Glossary). (2) Scction 18.58.060 (Animal Raising and Keeping) may require a Minor Use Pernllt for certain animals and household pets, the raising and keeping of animals or household pets over a certain number, and/or raising and keeping of animals on small parcels. (3) Employee, supportive. and transitional housing are subject to the same regulations that apply to other residential uses of the same type i a that zone,
(4) Farm worker housing is subject to the same regulations that apply to other agricultural uses in the same zone. 15) Manutartured homes within the multi -family residential zone shall meet the requirements of the "Dwelling, Multi -Family definition.

Uf ) liniall. lot sltlgic-falilllx subdiyiSIUDS that i'Vmnly With alf [uylw-ements of Uoi. C WL'. $ b6499-4 U we 3Vennatcd in zoning, di&lrms thal allow multi -family residential uses.

December 14, 2021,
11-13

DocuSign Envelope ID: i3DOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18. DEVELOPMENT CODE
Residential Zoning Districts 18.08
TABLE 2-3 ALLOWED USES AND PERMIT REQUIREMENTS
FOR DOWNTOWN RESIDENTIAL ZONING DISTRICTS (Continued)

PERMIT REQUIREMENT
LAND USE (1) BY DISTRICT See standards
DRS I DRM I DRH in Section:

RESIDENTIAL USES
Accessory dwelling units
P
P
P

18.58V5
Animal raising and keeping of household pets and backyard chickens
P
P
MUP

18.58.060
Detached living areas
P
P
P
18,58.100
Emergency shelters
UP
Employee housing
P(2)
Junior Accessory Dwelling Units
P

18.58.025.N
Live/work units
MUP
UP
UP

18.58.130
Manufactured Home
P
P(3)
P(3)

18.58A70
Mobile home, tiny }tome or recreational vehicle as a temporary residence during construction
P
P
P

18.58.160
Mobile home parks
UP
UP
UP

18.58.150
Multi -family dwellings, 2 to 10 units
UP
P
P

18.58.180
Multi -family dwellings, i 1 and more units
UP
DP
DP

18.58A W
Multi -family dwellings, individual ownership. 2 to 10 units UP
P
P

18.58.180
Multi -family dwellings, individual ownership, I 1 Dr more units UP
DP
DP

18.58.180
Residential care facilities, l to 6 clients
P
P
P
Residential care facilities, 7 to 12 clients
UP
UP
UP
Rooming and boarding houses
UP
Senior citizen congregate care/congregate care housing
UP
UP

18.58.240
Single-family dwellingsL4i
P
Supportive housing
P(2)
P(2)
P(2)

18.58.255
-+ftiiS4Cfi1�CRfci�-r#IkF1t�f�17141i-f{-1 '!i
P
P
P
Transient rental, single-family dwellings
P
P
P
Transitional housing
P(2)
P(2)
P(2)
iiEY TO PERMIT REQUiREMENTS
S mhol
I Permit Requirement
I
I
Procedure is
ill Section:

P
Permitted use. Zoning Clearance required for projects with less than 5,000 sq. Ft. of floor area and less than 26,000 sq, ft. of site disturbance.

18.72 DP
Development Permit required for permitted projects with 5.000 sq. ft. or more of floor area or 26,000 sq. -ft. or more of site disturbance.

18.74 MUP
Conditional use, Minor Use Permit approval required.

18.76 UP
Conditional use, Use Permit approval required.

18.76 TUP
Temporary use, Temporary Use Permit approval required.
l$.80
Use not allowed. See 18,03.020.E• re ardin * use$ not listed, (i) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary). (2) Employee, supportive, and transitional housing are subject to the same regulations that apply to other residential uses of the same type in that zone.
(3) Manufactured homes within the multi -family residential zone shall meet the requirements of the "dwelling, Multi - Family definition and the standards of other multi -family residential dwellings of the same type in the same zone. 141 Small lot smvle-tamih ntvbdivt:,gmn i that cormM, with all mumremems ief [ av- Coik:, ti 66494.4i1 arc nerminCd uo zocwtt; diclriell, that 1110multi-fatlllIV rzsidontial uses December 14, 2021
I1-16

DocuSign. Envelope ID; BDOFBA3E-BO93-4FB4-ADDF-2E34DFE15C26 i nuu&tn iviuiriL.irHL Ltrun - TITLE 18, DEVELOPMENT CODE Colntnercial and Manufacturing Districts

18.12 TABLE 2-7 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR COMMERCLAL AND MANUFACTURING DISTRICTS (Continued)
PER MiT REQLnRENIFENT BY DISTRICT
See standards
LAND USE 1 CN 2) CC I CH t CS M
in Section:

RECREATION, EDUCATION & PUBLIC ASSEMBLY
USES
Community centers
P
P
UP
Docks and picrs, commercial
MUP
MUP
Healthffitness facilities
UP
P
P
Ice skating rinks
P
P
Indoor recreation centers
P
P
Libraries and museums
P
P
Marina
UP
UP
Membership organization facilities
MUP
P
Outdoor commercial recreation
MUP
P
MUP
Parks and playgrounds
UP
UP
UP
LIP
Public Assembly Uses
UP
UP
UP
UP

18.58.090
Recreational vehicle (RV) parks
UP
Schools - Public and private
UP
P
Schools - Specialized education and training
P
UP
UP
Studios for art, dance, music, photography. etc.

P
P
P
P
Theaters and events aces
UP
UP

RESIDENTIAL USES
Accessory dwidling units
P(4)
P(4)
P
P

18.58,025
Caretaker housing
MUP
MUP
MUP
MUP
MUP
EmergencyEincEgency shelters
UP
P
UP
P
Live/work units
MUP
MUP
MUP
MUP

18.59.130
h4ulti-Family dwellings, 1 1 and more units
U13(5)
UP(5)

18.58,180
Multi -family dwellings, in commercial/industrial
Project
P
P
P
P
18,58.180,

18.58,140
Senior citizen congregate care/congregate care
houstrig
UP

18.58.240
Single-family dwelling i i " i
Single -room occupancy (SRO) housing
UP
UP
Supportive ]cousin
P(3)
P(3)
P(3)
P(3)

18.58.255
Transitional housing
P(3)
P(3)
P(3)
P(3)
Transitional Living Center
UP
UP
UP
Workilive units
MUP
MUP
MUP
MUP

18.58.I30

KEY TO PERMIT REQUIREMENTS
Procedure is in
Symbol Permit Requirement Section:

P
Permitted use, Zoning Clearance required for projects with less than 7,500 sq. f. of floor area and less than 26,000 scl. ft. of site disturbance.

18.72 DP
Dev e I op men Permit re aired for p enni tied projects with 7,500 s . ft. or more of toor

19.74 area or 2 6, 000 s . ft. or more of site disturbance.

MUP
Conditional use. Minor Use Permit approval required.

18.76 UP
Conditional use, Use Permit approval requited.

18.76 Use not allowed. See 18.03.020.E regarding uses not listed.

Notes:
(l j Definitions of the listed land uses are in Chapter I H.220 (Definitions, Glossary). (2) Use on a site adjacent to a residential zoning district shall comply with the special setback, screening and landscaping standards in Section 19.30.1 10(E) (Screening between neighborhood commercial and residential lands uses) and Section l 8.40.040(E) (Landscaping requirements between neighborhood commercial and residential land uses)_ (3) Supportive and transitional housing are subject to the same regulations that apply to other residential uses of the same type in that zone.
(4) Accessory Dwelling Units associated with multi -family residential project. r i + Standalone residential uses shall be subject to the development standards of the RM zoning district and Section 18.58,180 (Multi -family Residential Proiects)
December 14, 2021
11-33

DocuSign Envelope ID: BDOF6A3E-BD93AFB4-ADDF-2E34DFE15C26 pp i xut- ht 1V1U'. lYit-irAi- l-vij - TITLE 18, DEVELOPMENT CODE Commercial and Manufacturing Districts 18.12
(6) Time-share uses are allowed within ex isIing legal noncon fort'n i n g single-family residences in the CG and CN zoning districts. (7) Small lot sin€le-family subdivisions that contply with all requirements of Gay. Code, § 6 6499 .40 are permiIted in coning districts that allow multi-l'amilv residential uses.

December 14, 2021
11-34

DocuSign. Envelope ID; BDOFEA3E-BO93-4FB4-ADDF-2E34DFE#5C26 i ituc.&ee iviLiivit. irAL ►,.vun - TITLE 18, ❑EVELOPMENT CODE Commercial and Manufacturing Districts 18.12
TABLE 2-8 - ALLOWED USES AND PERMIT REQUIREMENTS
FOR DOWNTOWN COMMERCIAL AND MANUFACTURING DISTRICTS (Continued) PERMIT REQUiREMENT RV DISTRICT See
standards
LAND USE 1) DMU DC DM I DVL in Section:

RESIDENTIAL USES
Accessory dwelling units
P 2)(3)
P
P
P

18.58.025
Animal raising and keeping of household pets and backyard chickens
P (4)
P 4
P (4)
P 4

18.58.060
Caretaker housing
MUP 3
MUP
MUP
MUP
Detached living areas
P 3)

18.58.I00
Emeraencv shelters/transitional living centers
UP
Emergency shelters, accessory to a church/place of worship MUP(3)
Employee housing
P(6)
Junior Accessary Dwelling Units
P

18.58.025.N
Livelwork units
MUP (3)
MUP
MUP

18.58,130
Manufactured home
P 2)(3)(7)
18,58.170
Multi -family dwellings, 2 to 10 units
P 2)(3)

18.58.190
Multi -family dwellings, I and more units
DP 2)(3)
DP(5)
18,58.180
Multi -family dwellings, individual ownership, 2 to 10 units P 2)(3)

18.58.180
Multi_Family dwellings, individual ownership, I l or more units
DP (2g3)
DP(5)

18.58.190
Multi -family dwellings, in commercial/industrial project P (3)
P
P

18.58.180.

18.58.140
Residential care homes, 7 to 12 clients
UP (3)
Senior citizen congregate care/congregate care housing
UP (1)

18.58.240
Single-family dwellin st�•i
P 2)(3)
Sin le -room occupancy (SRO) housing
UP (3)
Supportive housing
P(6)
P(6)
P 6
P(6)

18.58.255
1 rH�1'ii C7i� rClik ; liitf lFl-t%hllifi',' Jwel1frtgS 11-0-1
Transient rental, single-family dwellings
P 3)
Transitional housing
P(6)
P(6)
P 6
P(6)
Work/live units
MUP 3)
MUP
MUP

19.58,130

KEY TO PERMIT REQUIREMENTS
Procedure is
Symbol
Permit Requirement
in Section:

P
Permitted use. Zoning Clearance required for projects with less than 5,000 sq. ft. of floor area and less than 26,000 s _ f3. of site disturbance,

18.72 DP
Development Pennit required for permitted projects with 5,000 sq. ft_ or more of floor

18.74 area or 26,000 ti . fl, or more of site disturbance.

MUP
Conditional use, Minor Use Permit approval required.

18.76 UP
Conditional use, Use Permit approval required.

18.76 TUP
Temporary use, Temporary Use Permit approval required.
18,80
Use not allowed. 'See 18.03.020.E regarding uses not listed.

Notes-
(1) Definitions of the listed land uses are in Chapter 18.220 (Definitions, Glossary). {2) Stand-alone residential projects must comply with residential development standards of DRM zoning district. {3) These uses are prohibited on ground floor spaces along Commercial Row. See Section 18.20.070. (4) Section 18.58.060 (Animal Raising and Keeping) may require a Minor Use Permit for certain animals and household pets, or the raising and keeping of animals or household pets over a certain aumher.. and/or the raising and keeping of animals on small parcels.
(5) Multi -family dwellings within the DV zoning district shall have a minimtun density of 16 dwelling units per acre. (6) Employee, supportive, and transitional housing are subject to the same regulations that apply to other residential uses of the same type in that zone.
(7) Excludes sites listed on the National Register of Historic Places, December 14, 2021
I1-40

DocuSign Envelope ID:BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 i xuk- ht ivwnAtt-jrAi- t-vijr. - TTTLE 1.8, DEVELOPMENT CORE CoTmnercial and Manufacturing Districts 18.12
t81 Small lot single-family subdivisions that comply with all reguirements of Gov. Code, J 66499.40 are permitted in zonina districts that allow multi -family residential uses_ Table continues on next page.

December 14, 2021
II-41

DocuSign Envelope ID: BDOFBA3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEF MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
General Property Development Standards 18.30

18.30.O56 - Easements
A. Structures within easements. No structure shall be allowed within public utility easements, snow storage easements, access/driveway easements, drainage easements or any other easement offered for dedication to the County of Nevada or the Town, except as follows:

I . The structure serves the purpose of the easement. For example, an electrical transformer in a public utility easement;

2. The structure is allowed in the easement in accordance with the Public Improvement and Engineering Standards; or

3. The structure is allowed with Minor Use Permit approval. A Minor Use Permit for a structure within an easement may be granted only where the review authority first finds that the structure will not interfere with the purpose of the easement.

4. A single-family driveway, including retaining walls, bridge decks, and/or support posts, may be allowed within easements as approved by the Town Engineer.

B. Required parking, required landscaping, and required site improvements shall be prohibited within easements unless either: { i) the easement is amended_ vvith the consent of all entities wI-th an iwere.st in the easement. to clarify that theparking, landscaping, and/or other improvements can remain in place in perpetuity notwithstanding any other provision of the easement: or (ii) all entities with an interest In_tlie easenie_nt_provide written_consent for the _parking. landscaping and/or other improvements to remain in place in perpetuity, which such consent is absolute. irrevocable, permanent_ supersedes the easement to the extent it is inconsistent with die easernentzand is recorded in Lhe of_ficial records of Nevada County. expFess ' "Ref/ aPPEON^^ a! pr-oviied ►• orn all ..,.14ieL;1 agefieies alld enti a rith an inieres! in the a ens Parking required to meet the minimum standards of Section 18.48.040 (Number of Parking Spaces Required) shall not be permitted within snow storage easements (Municipal Code Section

10.17.030).

I8.30.06O - Exterior Lighting and Night Sky
A. Purpose. It is the purpose and intent of this Section to balance the goals of the Town of Truckee General Plan to maintain its small town character with the need to provide for safe lighting practices and to minimize light pollution for the enjoyment of Truckee's residents and visitors.

The use of outdoor lighting is often necessary for adequate nighttime safety and utility, but common lighting practices can also interfere with other legitimate public concerns.

Principles among these concerns are-
a. The degradation of the nighttime visual environment by production of unsightly and dangerous glare;
b. Lighting practices that interfere with the health and safety of Truckee's residents and visitors;
December 14, 2021
III-20

DocuSign Envelope ID: 8DOF6A3E-BD93-4FB4-ADDF-2E34DFE#5C26 TRUCKEF MUN10PAL CODE -Tina 18. DEVULOPMGNT CODE
General Property Development and Use Standard
18,30
TABLE 3-3

REQUIRED SETBACKS - RESIDENTIAL ACCESSORY USES AND STRUCTURES Accessot Use/Structure
Type of Setbaekc 1
Required Setback Z
Air conditioning equipment, pool and spa
Sides, rear
5 feet
equipment, ound-based antennas_
Garage
Front, street -side
I foot and 20 feet from edge of street
pavement
Gazebo, greenhouse, patio cover
Front, street -side
15 feet
Rear
15 feet for single-family dwelling, 10
feet for multi -family dwellings
Interior 31
6 feet
Propane tank
Front, street -side
As required for main structurc.

Sides, rear
0 feet f41
Stationary barbecue, fire pit
Sides, rear
5 feet
Swimming poa1, spa, fish pond, outdoor play
Street -side
As required for main structure.
equipment
Sides, rear
5 feet
Others tructu res greater than 120 square feet
Front, street -side,
As required for main structure.
sides, rear
Non -habitable structures less than 120 square
Front. street -side
As required for main structure.
feet and greater than 6 feet in height
Sides. rear
5 fret
Structures less than 120 square feet and 6 feet
Front. street -side,
0 toet
or less in height and not covered elsewhere in
sides, rear
this section
Notes:
( 1) When a setback is not specified, the setback shall be as required for the main structure. Where a parcel is situated so that the front, side or rear property lines ate not readily determinable. required setbacks shall be established by the Director.
(2) A structure, projection or equipment shall not be placed or occur beyond the property lines oFthe subject parcel.
(3) Chapter 18.220 (Definitions, Glossary) for the definition of interior setback. (4) Propane tanks must comply with the side, rear and interior setback requirements of the Town Building Cod and the Truckee Fire Protection District.

December 14, 2021
I11-45

DocuSign Envelope ID: BDOFBA3E-BO93-4FB4-ADDF-2E34DFEt5C26 TRUCKEE MUNICIPAL CODE - TITLE 18. DEVELOPMENT CODE
General Property Development and Use Standard

18.30 setback would be increased from the standard 20-foot rear yard setback to a ? 8-foot rear yard setback (addition of the eight -foot reduction to the rear setback).

For single-family residential dwellings on through lots that have two front yard setbacks. only one front yard setback may be reduced up to 50 percent of that required for other parcels in the same zoning district provided that the other (opposite) front yard setback is increased by the amount of the requested reduction.

For through lots, only one front yard setback may be granted this reduction. On through lots with garages in the front setback, the reduction may only be granted to the front setback where the garage is located, if applicable.

The reduced front yard setback applies to all stnictures including the main structure, decks, eaves, etc. If the reduced front yard setback is used, the allowed projections of Table 3-2 (Allowed Projections into Setbacks) do not apply. Living space is permitted below a garage within the front yard setback in compliance with Section 18 30.120.F.3.f.
b. Side setbacks. A single-family dwelling and related accessory structures may extend up to two feet into a required side yard setback but no closer than eight feet to a side property line, and allowed projections as listed in Table 3-2 (Allowed Projections Into Setbacks) may be located up to five feet into a required side setback, but no closer than five feet to any side property line only as follows:
(1) The average width of the parcel at the bui [ding pad is 80 feet or less; (2) The wall of the structure is located no closer than 15 feet to the wall of any structure on an adjoining parcel;
(3) The pitch of any portion of the roof within the side yard setback is not directed toward the side property line or the structure has a non -shedding roof with a deed restriction recorded on the property that limits the type of roofing materials to to nun -shedding rool materials and/01, MIOW retentlolz mechanism iov the life of the structure; and
(4) Windows and other wall openings of the structural wall within the side setback are limited to rive percent or less of the total area of the wail. c. Side setbacks for nonconforming structure. An addition or modification to a single-family dwelling that encroaches into the side setback may extend up to five feet into a required side setback, but no closer than five feet to a side property line, as follows:
(1 ) The Director finds all of the following:
(a) The height and design of the addition or modification is compatible with the existing structure;
(b) The side yard setback for the addition or modification is equal to or greater than the side yard setback for the existing dwelling; December 14, 2021
III-47

DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
General Property Development and Use Standard

18.30 b. A written narrative shall accompany the solar evaluation, identifying solar opportunities for the development, as well as potential impacts to adjacent properties. Solar access opportunities include, but are not limited to identification of building orientation for maximum solar gain, appropriate landscaping, lot size and shape, building height, roof cave design, solar protection and street layout. To the extent feasible, the applicant shall incorporate these solar opportunities into the project's final design.

C. Orientation of structures. Future structures should be oriented to maximize solar access opportunities.

D. Pools and spas. A pool or spa facility owned and maintained by a homeowner's association or multi -family rental complex shall be equipped with a solar cover (i.e. an insulative thermal barrier designed to prevent heat loss and help facilitate solar gain). Solar water heating systems are encouraged.

E. Collector installation. Solar collectors, if provided, shall be located and installed in the following manner:

Roof -mounted solar collectors shall be placed in the least conspicuous location without reducing the operating efficiency of the collectors;

2. Wall -mounted and ground -mounted collectors shall be screened from public view, to the maximum extent feasible;
Roof -mounted collectors shall be installed at the same angle or as close as possible to the pitch of the roof. Solar panels may be placed on a flat roof in an angled position if they are appropriately screened from view by elements that are compatible with the architectural style, color and use of materials on the main portions of the building;

4. Appurtenant equipment, particularly plumbing and related fixtures, shall be installed in the attic whenever possible or screened from public view, to the maximum extent feasible; and

5. Exterior surfaces of the collectors and related equipment shall have a matte finish and shall be color -coordinated to harmonize with roof materials and other dominate colors of the structure.

E. Obstruction of solar access. Structures (building, wall, fence, etc.) should not be constructed or new vegetation placed or allowed to grow, so as to obstruct solar access on an adjoining parcel.

18.30.150 - Solid Waste/Recyclable Materials Storage
This Section provides standards for the construction and operation of solid waste and recyclable material storage areas in compliance with State law (California Solid Waste Reuse and Recycling Access Act, Public Resources Code Sections 42900 through 42911). All developments must comply with Solid Waste and Recycling requirements found in the Town of Truckee Municipal Code Chapter b.

December 14, 2021
III-51

DocuSign. Envelope ID; BDOFSA3E-BD93-4FB4-ADDF-2E34DFE15C26 TRLICKIP,E MUNICIPAL CODE - TITLE 18. ❑EVt: OPMENT CODE General Property Development and Use Standard

18.30 A. Size Requirements. The dimensions listed in Table 3-4 represent the uninterrupted space requirements for material storage containers. Any additional bollards, posts, hinges or other building -related items must make way for these dimensions and are not included in the sizing requirements listed.

TABLE 3-4

STORAGE AREA REQUIREMENTS
Container
Inside Clearance Required
Width
Depth
HcYght
t3lfnt ster
1 U ft.
9 ft.

Ti
Wheeled Cart

2.6 ft.

2.6 ft.
4 ft.

1. Required storage for multi -family projects. Multi -family residential projects with five or more dwelling units shall provide solid waste and recyclable material storage areas as follows:
a. Individual unit storage area requirements. Each dwelling unit shall be provided an internal area of a minimum of six cubic feet designed for the storage of solid waste and recyclable material. A minimum of three cubic feet shall be provided for solid waste and a minimum of three cubic feet shall be provided for recyclable material, and b. Common storage area requirements. Common solid waste and recyclable material storage containers shall be at least one third of a cubic yard of container capacity per unit (assuming average 2-3 people/unit and once -a -week collection). This is the sum of volumes of mixed waste and recycling, with proportions of 60% for mixed waste and 40% for recycling. Storage: containers may be located indoors or outdoors as long as they are readily accessible to all residents. These minimum requirements may be reduced by the Community Development Director upon a finding that the reduced requirements will provide sufficient storage area for solid waste and recyclable materials generated by the structures and uses.
c. Alternative storage area requirements. Subject to approval from the Community Development Director, if the above -referenced common storage area requirements are determined to be infeasible (i.e., insufficient space exists ons.ite to meet the minimum storage requirements), individual unit mixed waste compactors may be installed to reduce common storage area needs. Separate non -compacted individual unit recycling storage is also required.

2. Required storage area for non-residential structures and uses. Waste capacity is dependent on the type of occupant. Storage areas will be approved on a case -by -case basis in consultation with the Town's Solid Waste Division and local solid waste service provider.

B. Location requirements. Solid waste and recyclable materials storage areas shall be located in the following manner:

December 14,.2021
111-52

DocuS+gn Envelope ID: 6DOF6A3E-SD93-4FB4-ADOF-2E34DFE15C26 TRUCKEE MUN10PAL CODE - TITLE 18. DFVFt,OPMrWT CODE
General Property Development and Use Standard

18.30 Solid waste and recyclable material storage shall be adjacent/combined with one another.

They may only be located inside a specially -designated stricture, or the outside of a structure in an approved fence/wall enclosure, a designated interior court or yard area with appropriate access or in rear yards and interior side yards. Exterior storage area(s) shall not be located in a required front yard or street -side setback, parking, landscaped or open space areas, or any area(s) required by the Municipal Code to be maintained as unencumbered. If site limitations make adjacent mixed solid waste and recycling container storage infeasible, containers may be stored in separate locations with approval by the Community Development Director as long as recycling containers are as conveniently located as trash containers.,

2. The storage area(s) shall be accessible to residents and employees. Storage areas shall be located within 250 feet of an access doorway to the commercial and residential units which they are intended to serve;
Driveways or aisles shall provide unobstructed access for collection vehicles and personnel and provide at least the minimum clearance required by the collection methods and vehicles utilized by the designated collector. Where a parcel is served by an alley, exterior storage area(s) shall be directly accessible to the alley; and

4. Alternate storage locations may be approved by the Community Development Director.

A shared offsite storage area to serve more than one parcel may be approved if a deed restriction is recorded on the properties to ensure the future availability of the storage area to the parcels it is designed to serve.

C. Design and construction. The storage areas shall be designed and constructed to:

1. Be compatible with the project and surrounding strictures and land uses;

2. Be properly secured to prevent access by unauthorized persons, while allowing authorized persons access for disposal of materials,

3. Be in compliance with the waste hauler requirements in terms of door security, reverse distance, turning radius, and roof clearance;

4. Provide a concrete pad within the fenced or walled area(s) and a concrete apron which facilitates the handling of the individual bins or containers;

5. Protect the areas and the individual bins or containers provided within from �k.II dI Ile a11d til,iYi adverse environmental conditions which might render the collected materials unmarketable;

6. Be appropriately located and screened from view on at least three sides subject to the approval of the Director. The method of screening shall be architecturally compatible with the surrounding structures;

7. Screen all carts and other storage containers (grease containers, compost containers, etc.) for commercial and multifamily uses. Screening may be accomplished by buildings. architectural features, decks, or fencing; and
December 14,.2021
111-53

DocuSign EnvelDpe ID: BDOFBA3E-BO93-4FB4-AI)OF-2E34DFEt5C26 TRUCKLE MUNICIPAL. CODE - TITLE 18. DEVELOPMENT CODE
Standards for Specific Land Uses 18.58
Section 18.58.025 Accessory Dwelling Units
This Section establishes standards for the development and operation of accessory dwelling units. previously known as secondary residential units and hereafter referred to as "ADUs." For information specific to junior accessory dwelling units (JADUs), see Subsection N-0_below.

A. Applicability. Accessory dwelling units (ADUs) are allowed in all zoning districts that allow single-family and multifamily dwelling residential uses (i.e., DRS, DAM, ❑RH, RR, RS, RM, DMU, DC, DM, DVL, CN, CG, CS, M. RC and REC zoning districts) subject to compliance with the development standards of the underlying zoning district for the primary dwelling and the requirements of this Section. If conflict arises between the general development standards and the development standards applicable to ADUs, the development standards of this Section shall supersede any conflicting development standard of Article 11 or Article 1I1.

B. Types of ADUs.

1. Attached ADU. An attached ADU is within or directly connected to an existing or proposed primary dwelling or its attached garage, having a wall and/or other conditioned space in common. This can include remodeling an existing permitted living space into an ADU, converting existing non -living space into an ADU, adding square footage or an additional floor to the primary dwelling or its attached garage to create an ADU, etc.

2. Detached ADU. A detached ADU is physically separated from an existing or proposed primary dwelling and its attached garage, not sharing a common wall or other conditioned space. This includes converting an existing detached structure into an ADU, adding square footage or an additional floor to an existing detached stricture to create an ADU. constructing a new detached structure to create an ADU, etc.

3. Junior ADU (JADU). A JADUs is a smaller type of attached dwelling unit that is no more than 500 square feet in size. Standards for JADUs are described in Subsection N-CI below.

C. Number of units allowed. An ADU that conforms to the development standards in this Section is deemed to be an accessory use and/or an accessory structure and will not be considered to exceed the allowable density for the lot upon which it is located.

1. Single-family parcels. One accessory dwelling unit (attached or detached) and one junior accessory dwelling unit (JADU) shall be permitted on a legal parcel developed with one single-family dwelling. An ADU and/orJADU may be developed concurrently with a new single-family dwelling; however, final occupancy of the ADU/JADU shall not be issued prior to final occupancy of the new main dwelling.

Z. Multifamily parcels. JADUs are prohibited on multifamily lots. On a lot with existing multifamily dwellings, the property owner of the underlying parcel may choose one or both of the following methods to create ADUs:
a. Detached ADUs. Up to two detached ADUs shall be permitted with 16-foot height limits and 4-foot rear and side yard setbacks.

December 14, 2021
I11-197

DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Standards for Specific Land Uses

18.58 h. Converted ADUs. Converted ADUs within portions of existing multifamily dwelling structures that are not used as livable space (e.g., storage rooms, boiler rooms, passageways, attics, basements, attached garages) shall be permitted; the number of converted ADUs permitted shall be one unit per existing multifamily development or up to 25 percent of the existing unit count in the building, whichever is greater.

For example, a multifamily property with 12 existing units could add two detached ADUs and three new attached ADUs converted from within the existing, non -livable space.

D. Size and location standards.

1. Development envelopes and easements. For ADUs constructed on lots where the recorded subdivision map established development/building envelopes and/or where there are recorded easements on the property, the building envelope and easement restrictions shall take precedence over any setback reductions provided within Subsection D.3 (Size limits, setbacks and standards) below.

2. Proximity. A detached ADU shall be located within 100 feet of the main dwelling, unless a greater distance is determined to be necessary by the Director to avoid on -site septic systems, water supply systems, geographic constraints, and/or environmentally sensitive areas as defined in Section 18.46.030.B (Environmentally Sensitive Areas).

3. Size limits, setbacks and standards. ADU size (i.e., floor area and height), setbacks, and development standards are directly correlated, therefore they are combined in this Subsection D.3 (Size limits, setbacks and standards). Where side yard setback reductions are allowed in this Subsection, these reductions do not apply to street -side setbacks on corner lots. Additionally, on a through lot, both lot lines facing streets are front lot lines and subject to standard front yard setback standards; the lot is considered to have no rear lot line in accordance with the Development Code definition of "Lot Line." a. Standard ADUs.
(1) Standard maximum floor area. The gross floor area of an attached or detached ADU is subject to the following standards:
(a) For single-family parcels under 1 acre in size and all multifamily parcels, the maximum gross floor area of an ADU shall not exceed the following:
i) 850 square feet* for an efficiency unit, studio or 1-bedroom ADU; or ii) 1,000 square feet* for an ADU with two or more bedrooms. (b) For single-family parcels of 1 acre or more, the maximum gross floor area of an ADU shall not exceed 1,200 square feet*, regardless of the number of bedrooms within the unit.
* The actual gross floor area of a standard ,ADU may be limited to less than these maximum sizes based on the application of the setbacks, height limits, and general development standards described in Subparagraphs (2) and (3) below.

December 14, 2021
III- i 98

DocuS+gn. Envelope ID; BDOFBA3E-BD93-4FB4-ADDF-2E34DFEt5C26 TRUCKEE MUNICIPAL CODE - TITLE 18. DEVELOPMENT CODE
Standards for Specific Land Uses

18.58 h-or example, a 2-hedroom ADU ma1� he limited to 900 square, feet in order to co►nply with the niaxi►num allowable site coverage on the property. (2) Setbacks and height. Aii� _ L L)Aji m_f An ADU that is 16 feet in height or Iess is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines, including eaves. Any portion of an ADU structure that exceeds 16 feet in height from natural grade, shall comply with standard side and rear setbacks and height limits applicable to the main dwelling. (Note: Detached ADUs on multifamily lots shall not be permitted to exceed 16 feet in height per Section 18.58.025.c.2.a above.) ADUs shall comply with the standard front yard and street -side setbacks applicable to the main dwelling regardless of ADU height. The following standards shall apply to ADUs within the reduced side and/or rear yard setbacks:
(a) Roof design and materials. The pitch of any portion of the roof within the reduced setback shall not be directed toward the side or rear property line, or the structure shall have a non -shedding roof material and/or snow retention mechanism for the life ofthe structure. The Town of Truckee finds that, in accordance with Truckee Municipal Code Sections 15,03.080 (Declaration as High Snow Area) and 15.03.110 (Snow Loads) which declare that all of the Town of Truckee is classified as a severe climate and "high snow" area, the aforementioned design standards shall apply to roofs within setback areas to address snow -related issues associated with life safety, structural integrity, and property damage prevention. (b) Architectural projections. All architectural projections shall comply with Table 3-2 (Allowed Projections in Setbacks) based on the standard setbacks for the zoning district, excluding eaves which are allowed up to 4 feet from side and rear property lines. For example, on a standard single- f'amily residential lot in the RS zoning district, a deck may project up to 3 feet into the 10-foot side yard setback or 6 feet into the 20-foot rear yard setback. Projecting features shall not be permitted unless they comply with development standards (i.e., site Coverage, floor area ratio, and open space),
(3) Other development standards. ADUs shall comply with all other general development standards applicable to the main dwelling, including site coverage, Boor area ratio, and open space unless an exception is provided elsewhere in this Subsection D.3 (Size limits, setbacks and standards).
b. Deviations for smaller ADUs. An attached or detached ADU that has both a maximum gross floor area of 840 square feet and a maximum height of 16 feet from natural grade shall be permitted with the deviations to general development standards below. (An ADU that exceeds either 800 square feet of grass floor area or 16 feet in height from natural grade shall comply with Paragraph D.3.a (Standard ADUs) above.) (1) Setback reductions. This category of smaller ADU, including eaves, is permitted to be constructed with reduced side and rear yard setbacks, no closer than 4 feet to the side and/or rear property lines. ADUs within the reduced side December 14, 2021
III-199

DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Standards for Specific Land Uses

18.58 and/or rear yard setbacks shall comply with Subparagraphs D.3.a.2.a (Roof design and material) and D.3.a.2.b (Architectural projections) above. (2) Deviations to development standards. This category of smaller ADU is permitted to deviate from the site coverage, floor area ratio, and open space standards applicable to the property. Any deviation(s) shall be the minimum necessary to accommodate the floor area of the ADU living space, not to exceed an 800-square-foot deviation, and any existing nonconforming conditions to the zoning/development standards proposed to be exacerbated by the creation of an ADU must be legal.
c. Conversion ADUs. An existing legally constructed portion of a single-family dwelling or residential accessory structure that is converted to or replaced with an ADU shall not be required to meet additional setbacks beyond those that were required at the time the original structure was built. For replacements, if the structure is partially or completely demolished and replaced with a structure for a new ADU, the replacement structure shall be in the same location and shall not exceed the dimensions of the original structure, including footprint, floor area, and height, except as permitted below. The maximum gross floor area of the ADU portion of a converted or replaced structure shall not exceed the size limitations of Paragraph D.3.a.1 (Standard maximum floor area) above. For example, if the converted or replaced structure is 1,500 square feet, the ADU portion of the structure shall not exceed 1,000 square feet of gross floor area for a 2-bedroom ADU, and the remainder may be used for other residential accessory uses.
(1) Garage conversions. In addition to Paragraph D.3.c (Conversion ADUs) above, an existing legally constructed garage located within a front yard or street -side setback that is approved for conversion to or replacement with an ADU shall not include any windows, doors, or other wall openings on the elevation(s) that is/are parallel to and facing the streets) within the standard setback area. The Town of Truckee finds that the incorporation of this standard is in accordance with Truckee Municipal Code Chapter 10.17 (Snow Removal) and is necessary for life safety to protect residents within or exiting the ADU during snow removal operations as large ice chunks can be projected through the air into front and street -side setbacks and toward buildings and windows within those areas.
(2) Roof modifications. If the converted or replaced structure is within the standard setbacks applicable to the main dwelling, and if substantial modifications are proposed to the existing roof design or surface/material as a part of the ADU creation, the modifications shall comply with Subparagraph D.3.a.2.a (Roof design and material).
(3) Expansions of conversion ADUs. If a conversion ADU is less than the maximum allowable floor area for an ADU, an expansion/addition may be approved; however, any expansions shall be subject to the standard unit size, height limit, setbacks, site coverage, floor area ratio, open space, and other development standards that would be applicable to a new ADU.

December 14, 2021
III-200

DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Standards for Specific Land Uses

18.58 (4) Ingress/Egress for conversions. In addition to any expansion allowed under Subparagraph D.3.c.3 (Expansions of conversion ADUs), a conversion ADU may include an expansion of the existing structure up to 150 square feet for the purpose of accommodating ingress and egress tolfrom the ADU. This is permitted only for space that is unconditioned and not fully enclosed (e.g., front porch, covered stairway, breezeway, wheelchair ramp). This space is allowed to deviate from site coverage, floor area ratio, and open space standards applicable to the property up to I50 square feet, and, if relevant, may be used in addition to the deviations permitted for smaller ADUs in Subparagraph D.3.b.2 (Deviations to development standards) above.
(a) Setbacks for ingress/egress. A new ingress/egress feature for a conversion ADU shall be no closer than 4 feet to the side or rear property line and shall not extend further into standard front yard or street -side setbacks than the walls of the conversion ADU unless the feature is an architectural projection in compliance with Table 3-2 (Allowed Projections in Setbacks).
d. Minimum floor area. A minimum floor area of 150 square feet is required for all ADUs.

E. Parking, and driveways.

1. Parking standard. One on -site parking space shall be provided for each ADU, in addition to any parking required for the main dwelling unit, in compliance with Chapter 18.48 (Parking and Loading Standards), unless an exemption is provided below:

2. ADU garage size. If a garage or carport for an ADU is proposed, it shall not exceed 500 square feet, shall comply with all general development standards applicable to garages and carports, including site coverage, floor area ratio and open space, and shall be consistent with Section 18.58.220.F. Lc (Residential Accessory Uses and Structures — Garages).

3. Parking exemptions. The one on -site parking space for the ADU shall not be required if any of the following situations apply:
a. The ADU is located within a half mile walking distance of a transit stop or within the Downtown Specific Plan Area General Plan Land Use Designation; b. The ADU is part of an existing or proposed primary residence or an existing accessory structure; or
c. When on -street parking permits are required but not offered to the occupant of the ADU.
d. A car share vehicle station is located within one block of the ADU.

4. Replacement parking exemption. When a legally constructed garage, carport, or covered parking structure is demolished in conjunction with the construction of an ADU or is converted to an ADU, replacement parking for the main dwelling is not required.

December 14, 2021
III-201

DocuSign Envelope ID: BDOF6A3E-B D93-4FB4-ADDF-2E34DFE 1 5C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVFLOPMENT CODE
Standards for Specific Land Uses

18.58 5. Parking location. The Town of Truckee finds that in accordance with Truckee Municipal Code Chapter 10.17 (Snow Removal) and due to Truckee's unique winter climate, the necessity to provide fast and efficient snow removal operations to accommodate emergency response vehicles and enhance driver safety, and the need to minimize property damage to parked vehicles during snow removal operations, required parking for ADUs and any required replacement parking for the main dwelling shall meet the following criteria:
a. All required parking shall be entirely on the private property and not in the right-of- way (Development Code 18.78.070,A, Location [ofoff-streetparking]); b. No required parking shall be located within a snow storage easement (Municipal Code Section 10.17.030, Obstructing snow removal equipment prohibited). Required parkiiig shall be pry}hibacd within cascli}tnts unitys either: (0 the easement Is amended. with the consent of all entities with an interest in the easement, to.) clarif that the parking can rcinain in place in perpetuity notwithstanding any other provisiOil or the easement: or (ii) all entities with an interest in the easement provide written emisen_ t fur_ the parking to remain in place _in perpetuiry,_ which_ such consent Is absolute, irrevocable, permanent, supersedes the easetent_ to the extent it is Inconsistent with the easement and is recorded in the official records of Nevada County;
c. No required parking shall be located within five feet of side property lines (Public Improvements and Engineering Standards Section 4.07, Driveways); and d. Unless otherwise restricted by the above requirements, tandem parking and/or parking within setback areas is permitted.

G. Om -street parking restriction. Nothing within Subsection V_-F (Parking and driveways). including the exemptions, shall be deemed to pennit on -street parking during any time when such parking is prohibited. This includes, but is not limited to, the on -street parking restriction throughout Truckee from November 1 to April 30 annually (Truckee Municipal Code Section 10.17.030, Obstructing Snow Removal Equipment Prohibited).

7. Shared driveway. An ADU shall be served by the same driveway encroachment as the main dwelling unit. A second driveway for an ADU will be permitted only if all of the following standards are met: I) The ADU is located on a corner lot or through lot where the ADU will be accessed from a street other than the street providing access to the primary residence, or the ADU is on a lot with road frontage exceeding 150 lineal feet; 2) the proposal shall demonstrate compliance with the maximum allowable site coverage applicable to the property; and 3) the proposal shall comply with all other applicable Development Code standards and Public .Improvement and Engineering Standards for single-family driveways and required off-street parking locations, except as modified within Subsection 14 (Parking and driveways).

F. ADU design features.

December 14,.2021
III-202

DocuSign Envelope ID: 6DOF6A3E-SD93-4FB4-ADOF-2E34DFE15C26 TriuCKEE MUNICIPAL CODE - TrTLF 18, DFVFLOPMENT CODE
Standards for Specific Land Uses

18.58 1. ADU entrance. The ADU shall have an exterior entrance separate from the main entrance to the proposed or existing main dwelling; this egress/entrance shall include a continuous and unobstructed path of travel to/from the public way. Additionally, the ADU may share with the main dwelling and/or JADU a single interior entryway (e.g., airlock, mudroom) not to exceed 80 square feet that provides direct, private access to each unit; however, in no case shall the primary entrance to the ADU be through the main dwelling living area, JADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

2. interior access. Interior access between the ADU and the main dwelling, attached or detached garage for the main dwelling, and/or other residential accessary structures shall be allowed, in compliance with all applicable California Building Standards Code requirements, as adopted by the Town of Truckee. If interior access is proposed, the tenant of the ADU shall be able to lock the shared door from the interior of the ADU for privacy.

3. Kitchen or cooking facilities. An ADU shall include a permanent kitchen or cooking facility, consistent with the Development Code definition of a kitchen (Section 18,220,020,K, Kitchen or Cooking Facilities, Residential). At a minimum, an ADU kitchen shall include the following equipment:
a. Cooking facilities (i.e., a standalone cooking appliance with at least two burners that is connected to a gas stub or 220 electric volt outlet; does not include portable cooking accessories such as hot plates and other temporary heat sources); b. A refrigerator (no .minimum size); and
c. A sink for dishwashing and sanitation purposes.

G. ADU historic design standards. (Reserved far•future use. ) H. Water supply and sewage disposal. All water supply and sewage disposal shall he provided by an established community system or by an on -site system approved by the Nevada County Environmental Health Department. An ADU shall not be allowed on a parcel that is served by an on -site septic system unless approval is obtained from the Nevada County Environmental Health Department and the unit complies with the Lahontan Regional Water Quality Control Board.

1. Occupancy and rental requirements. The short-term rental of an ADU for a term of less than 31 consecutive days is prohibited=« 1,^� s for l=i -��W4-t++l or after- a 1 2020. i ,1i., - �)�eydiming illegal n ilk s •• esel ibed +rr�bsee�ian�{-11�c�-areeecsr+yf-dwellit3g-u�>;itr:�►lCiw.--As}•a•��-iil3 a pr��'r�dure�l++�g . iI. and an Aill.I._.,a:.,ti9ilm�ie io_10-v21), E3131N[lie . ii(t ., _ be S5,t,w+4-c-� ivnied for , , n of Ie.. than 11 ut . ls.
_ an:�-ee. There are no occupancy restrictions for
long-term rentals of 31 days or more on either the primary dwelling unit or the ADU.

J. Sale of unit prohibited. No ADU shall be subdivided from the main dwelling through a condominium plan, community apartment plan, housing cooperative, or other subdivision. The December 14, 2021
II1-203

DocuSign Envelope ID:BDOFBA3E-BD93-4FB4-ADDF-2E34DFE15C26 TRvCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Standards for Specific Land Uses

18.58 sale or conveyance of an ADU independent and/or separate from the main dwelling shall. be prohibited.

K. deed Restriction Requirements. Prior to the issuance of a temporary or final certificate of occupancy,_ an ADU requires the recordation of a deed restriction in a form approved by the_ Town orri'Lickee, which shall run with the land_ and shall include the following:
a. AMhibition on the sale of the accessary_ dwelling unit separate fro. [lithe sale_ or the single-family residence. including; a statement. Ihal. the deed restriction may be enforced agailg;st futuYe purchasers,
b. A restriction on the size and attributes of the accessory dwelling unit in compliance with this Section: and
a;c. A prohibition on the short-term rental of the accessory dwelling unit for a period of less than 31 consecutive day4. T
JA_ Building code requirements. Each ADU and ]ADU shall obtain a building permit from the Town of Truckee and shall be constructed in compliance with all applicable California Building Standards Code requirements, as adopted by the Town of Truckee.

1. Fire sprinklers. ADUs are not required to provide fire sprinklers if sprinklers are not required for the primary dwelling unit.

2. Manufactured home, tiny homes, etc. A manufactured home (a.k.a. mobile home), modular home (a.k.a. factory -built or prefabricated home), tiny home, park model home, or similar unit may be used as an ADU if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the Town of Truckee.

A tiny home on a chassis or park model home on a chassis is not permitted for use as an ADU unless it is modified to meet the aforementioned standards.

3. Movable units. A recreational vehicle (e.g., motorhome, campervan, truck camper, travel trailer, pop-up trailer, fifth wheel trailer, toy hauler), travel van, or other movable habitable space generally cannot be approved as an ADU; however, it may be approved if it is permanently attached to a foundation and complies with the California Building Standards Code, as adopted by the Town of Truckee.

K;.l1.Illegal accessory dwelling units. This Section shall not validate any existing illegal ADU.

To convert an unpermitted ADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed ADU, including the rental restrictions described in Subsection I (Occupancy and rental requirements) above. kN. ADU reversions. If an ADU or ]ADU is legally permitted and constructed with deviations to the development standards that would otherwise be applicable to the property, as permitted by the Subsections D (Size and location standards) and/or Vl-(Parking and driveways) above, and the ADU is subsequently reverted or converted to another use other than an ADU/1ADU, any deviations from development standards (e.g., setbacks, site coverage, floor area ratio, open space, parking) shall be brought into compliance with the standards in effect at the time a December 14, 2021
I1I-204

DocuSign. Envelope ID; BDOFEA3E-BD93-4FB4-ADDF-2E34DFEt5C26 TRUCKEE MUNICIPAL CODE - TITLE 18. DFVFLDPMENT CODE
Standards for Specific Land Uses

18.58 complete application for a reversion or conversion of the space is submitted to the Community Development Department.
44:0.Junior Accessory Dwelling Units (JADUs).

1. Applicability. JADUs are allowed in all zoning districts that allow single-family residential uses (i.e., RS, RR, DRS, DMU, RC and RFC zoning districts), subject to compliance with the requirements of this Section.

2. Number of units allowed. A maximum of one junior accessory dwelling unit (JADU), in addition to one attached or detached ADU, shall he allowed on a parcel with an existing or proposed single-family dwelling.

3. Location on site. A JADU must share at least one wall, floor, and/or ceiling with the living space of the attached main dwelling. A JADU maybe created by converting existing space within the walls of an existing single-family residence, built as an attached addition to an existing residence, or constructed concurrently as an attached unit to a new single- family residence. If a JADU is created as an addition to an existing residence or concurrent with a new residence, the JADU shall comply with all development standards applicable to the main dwelling, including setbacks, height limits, site coverage, floor area ratio, open space, etc.

4. Floor area limitation. The gross floor area of the JADU shall not exceed 500 square feet and shall not be less than 150 square feet.

5. JADU separate entrance. A JADU shall have an exterior entrance separate from the main entrance to the existing or proposed single-family residence; this egress/entrance shall include a continuous and unobstructed path of travel to/fi-om the public way.

Additionally, the JADU may share with the main dwelling and/or ADU a single interior entryway (e.g., airlock, mudroom) that provides direct, private access to each unit:
however, in no case shall the primary entrance to the JADU be through the main dwelling living area, ADU, garage, or other interior space. A shared entryway is considered part of the main dwelling and is subject to general development standards applicable to the main dwelling, including setbacks, height limit, site coverage, floor area ratio, and open space.

5. Interior access. Interior access from the JADU to the main dwelling may be maintained; however, if the sanitation facilities are shared with the main dwelling as allowed in Subsection 8 below (Sanitation Facilities), unrestricted interior access to the sanitation facilities is required at all times. If interior access is proposed, the tenant of the JADU shall be able to lock the shared door from the interior of the JADU for privacy.

T. Cooking facilities. The JADU shall include an efficiency kitchen, which shall include the following:
a. A cooking facility with appliances. (Note: Government Code Section 65852.22(a)(6) does not permit local jurisdictions to specify exactly what "a cooking facility with appliances" must include for JADUs. This standard can be met with basic plug-in kitchen appliances (e.g., microwave. hot plate, mini -fridge) or with a full, high -end kitchen (e.g., gas range, double oven, Iarge sink with disposal, commercial December 14, 2021
I11-205

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18.58 refrigerator). Therefore, a JADU is not required to comply with the Development Code definition of a "Kitchen or Cooking Facility," which specifies several types of appliances required in residential kitchens.)
b. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.

8. Sanitation facilities. A JADU may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

9. Water supply and sewage disposal. A JADU shall not be considered a separate or new dwelling unit for the purposes of providing service for water, sewer or power.

10. Parking. No additional parking shall be required for a JADU.

11. Occupancy and rental requirements.
a. Short-term rental restriction. The short-term rental of a JADU for a term of less than 31 consecutive days is prohibited for all JADUs, including after -the -fact permits for existing illegal ADUs described in Subsection 13 (Illegal junior accessory dwelling units) below.
b. Owner occupancy. On a parcel with a primary dwelling unit and a JADU, only one of the units may be rented; the owner must reside in either the remaining portion of the main dwelling or in the JADU. For example, the owner could reside in the main dwelling and long-term rent the JADU, or the owner could reside in the JADU and choose to long-term or short-term rent the main dwelling. Owner -occupancy is not required if the owner is a governmental agency, land trust, or housing organization.

12. Deed restriction requirements. Prior to the issuance of a temporary or final certificate of occupancy, a JADU requires the recordation of a deed restriction in a form approved by the Town of Truckee, which shall run with the land, and shall include the following:
a. A prohibition on the sale of the junior accessory dwelling unit separate from the sale of the single-family residence, including a statement that the deed restriction may be enforced against future purchasers; and
b. A restriction on the size and attributes of the junior accessory dwelling unit in compliance with this Section.
c. A prohibition on the short-term rental of the junior accessory dwelling unit for a period of less than 31 consecutive days.
d. Requires owner occupancy consistent with Subparagraph M. I Lb (Owner occupancy) above.

13. Illegal junior accessory dwelling units. This Section shall not validate any existing illegal JADUs. To convert an unpermitted JADU to a legal, conforming unit, the standards and requirements for the conversion shall be the same as for a newly proposed JADU, December 14, 2021
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18.58 including the rental restrictions described in Subsection 11 above (Occupancy and rental requirements).

18.58.030 - Accessory Retail Uses
This Section establishes standards for the development and operation of retail sales and service establishments within/in conjunction with and accessory to a main commercial and/or manufacturing use where authorized by Article II (Zoning Districts and Allowable Land Uses). For example, these accessory uses include restaurants and pharmacies within hospitals, etc., and the sale of retail merchandise.

A. General standard. Accessory retail uses are allowed, provided there will be only minor external evidence of any commercial activity other than the main use of the parcel (e.g., no signs, windows with merchandise visible from adjoining public rights -of -way, etc.), nor access to any space used for the accessory retail use other than from within the main structure.

B. Commercial and manufacturing zoning districts. Restaurants and retail sales are allowed in the commercial zoning districts incidental and accessory to offices, hospitals and other medical facilities and pharmacies. Accessory restaurants, retail sales and other services are allowed in the manufacturing zoning district to serve the needs of the employees.

C. Residential and special purpose zoning districts. Membership organizations, social or recreational establishments may engage in retail sales for guests only.

D. Review and approval required. Accessory retail uses shall be subject to land use permit approval in compliance with Chapter 18.12 (Commercial and Manufacturing Zoning Districts).

In order to approve an accessory retail use, the Director shall find that there will be no harm to adjoining existing or potential residential development due to excessive noise, traffic or other adverse effects generated by the accessory use.

18.58.040 - Accessory Uses — General Standards
This Section establishes standards defining the relationship between a main use and an accessory use on the same site, where the accessory use is a common feature of the main use but would not be allowed by the applicable zoning district as a main use on the same site. For example, a coffee shop in a CG (General Commercial) zoning district may include minor coffee bean roasting as part of its operations as an accessory use in compliance with this Section, but coffee roasting as a main use would be allowed as a main use only in the M (Manufacturing/Industrial) district.

A. Allowable accessory uses. Accessory uses are allowed in conjunction with a main use as follows:

1. Accessory retail sales. Accessory retail sales are allowed in compliance with Section

18.58.030 (Accessory Retail Uses), above.

2. Residential accessory uses. Residential accessory uses are allowed in compliance with Section 18.58.220 (Residential Accessory Uses and Structures).

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18.58 (2) Raising and keeping of backyard chickens in association with multi -family residential uses in these zoning districts may be allowed subject to Minor Use Permit approval

3. Shelter requirement. A coop shall be provided that meets the following minimum standards:
a. Be predator -proof from the sides, the top, and from below. b. Be located a minimum of 20 feet to the nearest abutting residence and five feet to any property line.
c. Movable chicken coops are allowed in compliance with Table 3-3 for Residential Accessory Uses and Structures, and shall be considered temporary structures.

18.58.070 - Bed and .Breakfast Inns
This Section establishes standards for the development and operation of Bed and Breakfast Inns (B&Bs). The intent of these provisions is to ensure that compatibility between the B&B and any adjoining residential zoning districts/uses is maintained and enhanced.

A. Applicability. Bed and Breakfast Inns (B&Bs) are allowed in the RR, RS, DRS, RM, DRM, DRH, DMU, CN and CH zoning districts with Minor Use Permit approval in compliance with Chapter 18.76, and in the CG and DC zoning districts with Zoning Clearance approval in compliance with Chapter 18.72.

1. Hosted Rental Exceptions. The renting of one desiginated bedroom within a single-family multi {am4 dwelling for the purpose of overnight or vacation lodging as a hosted rental is allowed as a permitted use, in the RR. n c Doc RN4 Donn no a DM r CN CH r G �d ningysubject to compliance with Municipal Code Chapter 3.24 (Transient Occupancy Tax) and the following, criteria: - a. A hosted rental requires the homeowner(s) to occupy the single-family dwelling as their principal place of residence i.e. primary home
b. At least one homeowner shall live on -site in the main dwelling for the entirety of the visitor's stay, which may be fora period of up to 30 consecutive days; c. A maximum of one designated bedroom is allowed per single-family dwelling d_ . A_kitchen— co_o_king facility_, wet bar —air -sin k outside o_fapermitted bathroom_area shall be prohibited within the designated bedroom,
e_. The decimated bedroom shall have internal, conditioned access to the main dwelling; and
f Guests shall be provided access to kitchen and sanitation facilities within the main dwelling.
� . Prohibited Spaces. This hosted rental exception a} i eHe f;i rmy unent residence f;ew'fig a maximLIM of one bedreorA per par -eel. This exception December 14, 21121
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18.58 does not apply to accessory dwelling units, unior accessory dwclling_Lin iIs. detached living areas. or any portions thereof. '._
may only .be r „ied bar a te-.-.-..i1'_less haft _�1_ dail-.pennillecrbjr`Seclionr19.tim�r025 �404J-Aeeupafivy and Fent t :,,�. ��.� .,a ..�aee with - rieif al Code Ile" 3. '�+�an:4i"it Oeeupaiie� Twjand Ntts}+tir -E a. ! "5,02 (Tfaflsien, Re 0r Res0dell! ia1 U4*s4 Detached living areas tnay only be rented for a term of less than 31 days il'inelndedAllowed as part of a Bed and Breakfast Minor Use l'u F r»it.

B. Exterior appearance. The exterior appearance of the structure housing the B&B in a residential zoning district shall not be altered from its original single-family character except for a sign as allowed by Subsection I, below, and those structural modifications necessary to comply with the requirements of Title 24 of the California Building Code of Regulations.

C. Fire safety. The B&B shall meet the requirements of the Truckee Fire Protection District.

D. Guest rooms. The availability of guest rooms are limited to a maximum of three rooms in the RR, RS and DRS zoning districts and five rooms in the other zoning districts. Guest rooms shall not contain food preparation facilities.

F. Internal access. All access to guest rooms shall be from within the B&B inn or the guest room shall be located in an approved detached living area.

F. Limitation on services provided. Service shall be limited to the rental of bedrooms or suites, and meallbeverage service shall be provided for registered guests only. Separateladditional kitchens for guests are not allowed. Receptions, private parties or similar activities, for which a fee is paid or which is allowable only as a condition of room rental, shall not be allowed.

G. Off-street parking. Off-street parking shall be provided at a ratio of one space for each guest room plus two for the on -site owner/manager of the B&B. Parking shall be located, to the extent possible, out of the required front and side yard setbacks. Parking spaces for the disabled may be counted toward the required off-street parking.

H. On -site management. The B&B shall be the main residence of the B&B owner or manager.

1. Signs. On -site signs shall be in compliance with Chapter 18.54 (Signs). The design, location and lighting of the sign shall ensure compatibility with the architecture of the B&B and the surrounding neighborhood.

J. Site requirements. The proposed site shall generally conform to the standards of the applicable zoning district.

K. Transient Occupancy Tax. B&Bs shall be subject to the: Transient Occupancy Tax in compliance with Chapter 3.24 of the Municipal Code, and shall maintain guest registers to ensure accurate occupancy records.

18.58.075 - Cannabis Delivery Services
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ILMERIM—N.
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F. Reninis gwohoh*led, The-Ztet[ielil g area sball wit be sepawelyt. -,..:.,n ii di fte. 1' r-ee
G . Subdivi a h ibited. The p oni i in-c.r�.rscsi icziicomm ' "ot be �3�iF3�t�[��1flii� Demo E7{ tl}t'ii'ie 00r�"rtaimfks-oI,. mat 1 .
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18.58 ii
U *tieS. — ,1TN provided wiIII sepafzate Utility Mews.. 5iit7i1-�3i''-C-t7ii3•ii3E►E�i$&FT�Hdei�4}F3�lic rsn:':H-�r•• �11: Tl..].�:.,C-ii�d--iiV-f�ti}�51]s3ii--Filit-b@

18.58.110 - Drive -In and Drive -Through Facilities
A. Purpose and applicability. This Section establishes supplementary standards for drive-in restaurants and fast food establishments with drive -through facilities, located within the CH (Highway Commercial) zoning district, which conduct business while customers remain in their vehicles. Other types of drive-in and drive -through facilities are not permitted.

B. Permit requirement. Drive-in restaurants and fast food or counter -service establishments, with drive -through facilities, shall require Use Permit approval in compliance with Chapter

18.76 (Use Permits and Minor Use Permits).

C. General standards. Drive-in and drive -through facilities shall be designed and operated to effectively mitigate problems of air pollution, congestion, excessive pavement, litter, noise and unsightliness, and shall comply with the on -site circulation standards in Subsection E, below, which are not applicable to drive-in theaters or service stations.

D. Accessory use required, Drive -through facilities may only be accessory to an allowable main use.

E. On -site circulation. Parcels with drive -through facilities shall be provided with internal circulation and traffic control devices as follows:

1. Aisle design. Drive -through aisles shall be located and designed as follows:
a. The entrance/exit of any drive -through aisle shall be at least 50 feet from an intersection of public rights -of -way (measured at the closest intersecting curbs) and at least 25 feet from the edge of any driveway on an adjoining parcel. The drive - through aisle or stacking area (see following Subsection E.2) shall not be located adjacent to a street frontage.
b. Drive -through aisles shall be designed with a minimum 1.0-foot interior radius at curves and a minimum 12-foot width.

2. Stacking area. A clearly identified area shall be provided for vehicles waiting for drive - through service that is physically separated from other on -site traffic circulation. a. The stacking area shall accommodate a minimum of five cars for each drive -through window in addition to the vehicle(s) receiving service.

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18.58.220 - Residential Accessory Uses and Structures
This Section provides standards for specific residential accessory uses and structures allowed in the zoning district applicable to a parcel (see Section 19.08.030, Residential Zoning District Land Uses and Permit Requirements). Residential accessory uses include any use that is customarily related to a residence, including driveways, garages, greenhouses, storage sheds, studios, swimming pools/spas and workshops.

A. General requirements. Accessory uses and structures are subject to the following standards, except where more restrictive requirements are established by other provisions of this Section for specific uses.

1. Relationship of accessory use to main use. Accessory uses and structures shall be incidental to and not alter the character of the site from that created by the main use.

2. Nitn^hea str-tieluresStandards for accessory structures. An accessory structure shall comply with the requirements of this Development Code applicable to the main structure, including heights, parcel coverage and setbacks, unless otherwise specific(] In � _ 111i Development Code. An accessory structure for multi -family residential uses shall be architecturally compatible with the main structure.

I Detached structures. -A conditioned or unconditioned Breezeway may be allowed to provide shelter between a detached accessory structure and the main dwelling. A breezeway is a roofed passageway with or without sides connecting two or more buildings or parts ofa building_.
designedand the main dwel!iHg when
�, �.� n�tRa�..�.. „s4.; r .�,o�,,.z, s _aa.1 ll��'u�t i _ _rdt A_no.-..{i ioiied spae, attaElwd.

4. Adjoining parcels under common ownership. Residential accessory uses and structures, including the raising and keeping of animals, may be located on an adjoining parcel(s) if both parcels are under corrunon ownership and the accessory use or structure complies with all provisions of this section. Recordation of a deed restriction tying the adjoining parcels together is required.

B. Building Permits. The Building Permit for a residential accessory use or structure shall not be:

Issued unless there is a residential use on the subject property or the pennit is issued in conjunction with the residential dwelling permit; and
2, Finaled until there is a residential use on the subject property or the permit for the residential dwelling is finaled.

C. Antennas. Antennas are subject to the provisions of Section 18,58.250 (Telecommunications Facilities).

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18.58 D. Driveways and Parking Pads. Driveways and parking pads are accessory uses and only allowed i f a residential use is already established on the same property or if a residential dwelling permit is issued in conjunction with the driveway or parking pad permit. Driveways and parking pads are subject to the provisions of Chapter 18.48 (Parking and Loading Standards).

E. Garages. Garages shall comply with the fallowing standards, as well as the special setback requirements in Section 18.30.120.E (Setbacks Requirements for Specific Structures and Situations).

1. Maximum floor area.
a, A detached accessory garage for a single-family residential parcel shall not occupy more than 1,000 square feet of floor area on parcels less than an acre in size and 2,000 square feet of Floor area on parcels between one and five acres in size. Qn parcels larger than five acres, a detached accessory garage may occupy up to 2,000 square feet of floor area or 100 percent the size of the main residence. whichever is greater.
i. The floor area for a secondary residential unit in a detached accessory garage shall not be counted as part of the floor area of the garage. ii. The floor area for a detached living area incorporated into a garage structure or in a separate residential accessory structure shall not be counted towards the maximum floor area limits for garages and residential accessory structures.

For example, a detached accessory garage on a parcel less than an acre with a 1,600 sq. ft. residence may have a maximum floor area of 1,800 square Feet of floor area (1,000 sq. ft. for the garage and 800 sq. ft. for the detached living area). A detached living area and accessory dwelling unit may not be located within a single detached residential accessory structure. b. The floor area of an accessory garage that is attached to a main structure is not limited, except as required by the Building Code or any other applicable Town Code.

A garage or carport for an accessory dwelling unit: 1 ] shall be limited to 500 square feet, regardless of whether it is attached to or detached from the accessory dwell ing unit, 2) shall be dedicated for use only by residents of the accessory dwelling unit, not accessible to residents of the main dwelling; 3) shall not be counted toward the cumulative maximum size for detached garages on a single parcel if the garage is attached to the accessory dwelling unit or main dwelling; and 4) shall be counted toward the cumulative maximum size for detached garages on a parcel if the garage or carport is not attached to the accessory dwelling unit or main dwelling.

F. detached Living Areas. Living quarters which are designed for human occupancy and are physically detached from and not a required element of the sit.iin dwelling_ includes bedroonrs. recreation rooms_ home offices and similar habitable areas in any area where _single-family din cllings are allowed in tampliance with Articie_I1 [7.t�rring Districts and Al lowLible Land Uses).

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18.58 1. Access. The detached living area may have direct, covered access to the main dwelling, and shall be designed to provide practical pedestrian access to the main dwelling.

2. Design standards. A detached living area shall be designed as follows:
a. Maximum floor area. The gross floor area shall not exceed the lesser of 50 percent of the existin living area of the main dwelling or:
i. On parcels less than one acre: 800 square feet of gross floor area, or ii. On parcels of one acre or more: 1,200 square feet of gross floor area. b. The detached living area shall be designed to maintain visual consistency and compatibility with the main dwelling and with other residential structures in the surrounding neighborhood,
C. The detached living area may only include i sleeping area, living area, and a bathroom:
d. The detached living area shall not contain a kitchen or other cooking facilities, and e. A detached living area and accessory dwelling unit may not be located within a single detached residential accessory structure

3. Maximum number of structures. Only one detached structure with living area shall be allowed on a single legal parcel of record.

4. Plumbing and electrical installations. Allowable plumbing shall be limited to that required for a single one -well sink with a maximum surface area of two square feet and for a single bathroom. The bathroom may only contain one water closet/lavatory and one shower/tub. Electrical installation shall be limited to the minimum required for heating, light and ventilation. Line drawings shall be submitted fora roval and shall delineate all plumbing and electrical installations proposed in compliance with this standard,

5. Rentals prohibited. The detached living area shall not be separately rented or leased From the main dwelling, whether compensation is direct or indirect.

6. Subdivision prohibited. The portion of the site accommodating: the detached living area shall not be subdivided_ from the portion of the site containing the main dwelling. ? Utilities. All utilities serving; the detached living area (e.g., electricity, gas, sewer and waterl shall be common to and dependent on the main dweIIirig, The _detached living area shall not be provided with separate utility meters.

E.G. Greenhouses. An accessory greenhouse may occupy up to 500 square feet for each parcel less than or equal to 0.5-acres in size and up to 25% of the dwelling on parcels greater than 0.5-acres in size..

G:H. Home occupations. Horne occupations are subject to the requirements of Section 18.58.120 December 14, 2021
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Standards for Specific Land Uses 18.58
(Home Occupations),
ILL Swimming pools/spas/hot tubs. Private swimming pools, spas and hot tubs are allowed accessory to approved residential uses on the same parcel, subject to the following provisions:
l . The pool is to be used solely by occupants of the dwelling(s) on the same parcel and their invited guests; and

2. The pool shall be secured by fencing and/or walls to prevent uncontrolled access by children in compliance with the Town Building Code.
3, The pool is subject to the setback requirement in Section 18.30.120.E Table 3-3. !J. Tennis and other recreational courts. Non-commercial outdoor tennis courts and Tcourts for other sports (e.g., racquetball, etc.) accessory to a residential use are subject to the following requirements:

Fencing shall be subject to the height limits of Section 18.30.070 (Fences, Walls and Hedges). Fencing for non-commercial outdoor courts up to a maximum of 20 feet in height, located outside the required setbacks, may be authorized by the zoning Administrator through a Minor Use Permit in compliance with Chapter 18.76 (Else Permits and Minor Use Permits).-
2, Lighting for non-commercial outdoor courts may be authorized by the Zoning Administrator through a Minor Use Permit in compliance with Chapter 18.76 (Use Permits and Minor Use Permits),
i,i,Vehicle storage. The outdoor storage of vehicles, including incidental restoration and repair, is subject to Chapter 10.20 (Abandoned Vehicles) of the Municipal Code.

KJ... Cumulative size of accessory structures. The maximum cumulative size for all allowed accessory structures on a parcel, but not including an accessory dwelling unit in a detached structure. shall be in compliance with Table 3-17.

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18.58 a. Allowable ground locations. If ground -mounted, the antennas shall not be located between a structure and an adjoining street and shall be screened from public view and surrounding parcels;
b. Screening. If roof -mounted, the antennas shall be screened from ground view by a parapet or other type of screening. The minimum height and design of the parapet, wall or screening shall be subject to the approval of the Director; c. Size limitations. The diameter of the ground -mounted antenna shall not exceed 12 feet. This provision may be modified by the Director if strict compliance would result in no/poor satellite reception;
d. Height and location. The height and location of the antennas shall comply with the requirements of the applicable zoning district. The height provision may be modified by the Director if strict compliance would result in no/poor satellite reception; and e. Setbacks. if the subject parcel adjoins a residential zoning district, the antenna shall be set back a minimum distance from the property line that is equal to or greater than the height of the antenna, unless otherwise screened from public view to the satisfaction of the Director.

C. Single pole/tower amateur radio antennas. Single pole/tower amateur radio antennas shall be designed, constructed/installed and maintained in the following manner.

1. Location requirements. Antennas shall not be located in a front or side yard.

2. Mounting. Antennas may be ground- or roof -mounted.

3. Height limit. The maximum height shall not exceed 50 feet, measured from finish grade.

4. Size Imitations. Any boom or other active element/accessory shall not exceed 25 feet in length.

D. Television and radio broadcasting towers. These towers shalt be allowed in compliance with Chapter 18.76 (Use Permits and Minor Use Permits),
E. Effects of development on antenna reception. The Town shall not be liable if subsequent development impairs antenna reception.

F. Variances. Telecommunications facilities not complying with the requirements of this Section may be authorized only in compliance with Chapter 18.82 (Variances).

18.58.260 — Time -Share Uses
_�. Purpose This Section establishes standards fot the operation of fiine-share uses ill comttltrc al zones. The Town classifies time-share uses ati commercial uses and the intent of these standards is to ensure compalibilily of lime -share uses, wluch Marc located in existing residential units, with any adjoining residential and commercial uses.

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B. InaaDlicabiiity of Section to Existing Time -Share Uses. Nothing in this Section shall be deemed to apply to time-share properties existing as of the effective date of this Section or to render such time-share properties nonconforming with this code, provided that such time-share properties were approved by the Town as such, and have been owned and operated as such, prior to the effective date of this Section.

C. Definitions. For purposes of this Section, the following words and phrases shall have the meaning respectively ascribed to them by this paragraph C:
"Accommodation" means any dwelling, apartment, condominium or cooperative unit. hotel or motel room, or other structure constructed for residential use and occupancy, including but not limited to a single-family dwelling, or unit within a multi -family dwelling as defined in Section

18.220.020.
"Dwelling" shall have the meaning ascribed to it by Section 18.220.020.

Management_eiit_ity"_mcaiis_ _the _person who undertakes the duties, responsibilities and oblitrations of the management of a time-share plan.
"Person" means a natural person, corporation, limited liability company, partnership, joint venture, association, estate, trust, or other legal entice, or any combination thereof. "Time-share interest" means the right to exclusively occupy a time-share property for a period of time on a recurring basis pursuant to a time-share plan, regardless of whether or not such right_is_coupled with a_ property interest_ in the time-share property_ or_a_specif_ie_d portion thereof..
"Time-share_ plan"_ means any arrangement, plan, _scheme,_or_ similar device —whether by membership agreement, bylaws, shareholder agreement, partnership agreement, sale, lease, deed, license, right to use agreement, or by any other means, whereby a purchaser, in exchange for consideration, receives the Eight to exclusive use of an accommodation or accommodations whether through the granting of ownership rights, possessory rights or otherwise, for a period of time less than a full year during angiven year, on a recurring basis for more than one year, but not necessarily_ for consecutive years.
"Time-share property" means one or more accommodations subject to the same time-share plan, together with any other property or rights to property appurtenant to those accommodations.
"Time-share use" means the use of one or more accommodations or any part thereof, as a time- share property pursuant to a time-share plan,
D. Time-share Uses Restricted to Existing Single -Family Dwellings in General Commercial (CG) and Neighborhood Commercial (CNi Districts. Time-share uses are permitted uses within the Towns_ General Commercial (CG)_District_and Neighborhood Commercial_(CN) District, subject to issuance of a Zoning Clearance applied for and approved in conformance with this Section and Chapter 18.72. Time-share uses are not permitted in all other zoning. districts in_Truckee _and are not permitted in multi -family_ dwellings.

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E. Application Process and Development Standards.

I . Application Process. Approval of a Zoning Clearance for time-share uses in the General Commercial (CG) District and Neighborhood Commercial (CN) District shall be required in accordance_ with the requirements of this Section and Chapter_18,72. In addition_t_oanY application requirements established by this Section and any other applicable requirements of this code, the following information shall be submitted as part of an application to develo or_establ_ish_a time-share use:
a. A description of the method of management of the time-share use and indication of the _management entityfor _the time-share property.
b. Any restrictions on the use or occupancy of the accommodations.

C. Ajiv other information or documentation the applicant or Town staff deems reasonably necessary to the consideration of the time-share use. 2 Development Standards and Operational Requirements. Notwithstanding any ❑ther provision of this chapter, the following conditions must be met by any time-share use in the General Commercial (CG) District or Neighborhood Commercial (CN) District:
a. Development Standards. The time-share use shall comely with all development standards for the zone in which it is located.
b. Parking, Two off-street parking spaces shall be provided for each time-share property.

C. Noise._ A11_ time-share_ properties_ are _subject_ to Chapter_ _18.44_(Noise) with the exception of Section 18.44.050 (Residential Interior Noise Standards). Time-share properties where the ambient noise levels may exceed 70 dB(A) CNEL are subject to Section I8.44.040.F.
d. Solid Waste. All time-share properties are subject to Section 18.30.150.A.2 (Reguired storage area for non-residential structures and uses), F. Violations, Enforcement and Civil Penalties.

Anv responsible person. includine but not limited to an owner of a time-share interest management entity, agent, or broker who uses, or allows the use of, or advertises or causes to be printed, published, advertised or disseminated in any way and through any medium, the availability for sale or use of an accommodation in violation of this Section is guilty ofa_misdemeanor for each day in which such accommodati_on is used, allowed to be used, or advertised for sale or use in violation of this Section. Such violation shall be punishable pursuant to Chapter 1.02.

2. Time-share use, and/or advertisement for time-share use, of an accommodation in violation of this Section is a threat to public health, safety or welfare and is thus declared to be unlawfiit and a public nuisance. Any such nuisance may be abated and/or restored by Town staff and also may be abated pursuant to Chapter 1.03, except that the civil December 14, 2021
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DocuSign Envelope II]: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Standards for Specific Land Uses

18.58 penalty for a violation shall be one thousand dollars 61,000.00). Each day the violation occurs shall constitute a separate offense.

3. Any responsible person who violates this Section shall be liable and responsible for a civil penalty of one thousand dollars _{Si_.000.00) per Violation per day such _violation occurs. The Town may recover such civil penalty by either civil action or administrative citation. Such penalty shall be in addition to all other costs incurred by the Town, including without _Iimitation the Town's staff time, _investigation expenses and attomey_'s fees.
a. Where -the Town proceeds by civil action, the court shall have discretion to reduce the civil penalty based upon evidence presented by the responsible person that such a reduction is warranted by mitigating factors including, without Iilnitation, lack of culpability_ and_/or inability to pay. Provided, however, that in exercising_ discretion the court should consider the purpose of this Section to prevent: and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting i_n_the responsible person's enrichment or profit as_a result of the violation of this Section. In any such civil action the Town also may abate and/or enjoin any violation of this Section.
b. Where the Town proceeds by administrative citation, the Town shall provide the responsible person notice of the right to request an administrative hearing to challenge the citation and penalty, and the time for requesting that hearin& i. The responsible_person shall _have the right to_request_the administrative hearing within forty-five (45) days of the issuance of the administrative citation and imposition of the civil penalty. To request such a hearing, the responsible_ person shall notify_ the_ Town _Clerk _in_ writing within forty-five (45) days of the issuance of the citation. The appeal notification shall include all specific facts, circumstances and arguments upon which the appeal is based.
ii. The Town Manager is hereby authorized to designate a hearing officer to hear such appeal. The hearing officer shall_ conduct_ a_ hearing on the appeal within ninety (90) days of the request for the hearing unless one of the parties requests a continuance for good cause. The hearing officer shall only consider those facts, circumstances or arguments that the property owner or responsible person has presented in the appeal notification.
iii. The heating officer shall render a decision in writing within thirty (30) day of the conclusion of the hearing. The hearing officer shall have discretion to reduce the civil -penalty based upon evidence_presented__ by_t_he_prop_erty_owner or responsible person that such a reduction is warranted by mitigating factors including, without limitation, lack of culpability and/or inability to pay.

Provided, however_, that -in exercising its discretion the hearing officer should consider the purpose of this Section to prevent and deter violations and whether the reduction of civil penalties will frustrate that purpose by resulting in_the propeq o_wner's or responsible person's enrichment _orproht_as a result of the violation of this Section.

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DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Standards for Specific Land Uses

18.58 IV. Any aggrieved party to the hearing officer's decision on the administrative appeat may obtain review of the decision by filing a petition for writ of mandate with the Nevada County Superior Court in accordance with the timelines and provisions set forth in Government Code Section 53069.4_.

V. If, following an administrative hearing,_appeal, or other final determination, the owner of the property is_determined ta_be_the responsible _person_for_the
civil penalty imposed by this Section, such penalty, ifunpaid within forty-five (45) days of the notice of the final detennination, shall become a l ien to be recorded against the_property on wliich_the violation occurred. Such costs shall be collected in the same manner as county taxes, and thereafter the property Upon which they are a lien shall be sold in the same manner as property now is sold for delinquent taxes.
vi. Any violation of this Section may also be abated and/or restored by Town staff and also -may be abated pursuant to Chapter 1.03, except that the civil_ penalty Under Chapter 1.03 for a violation shall be one thousand dollars ($1,000.00).

4. Each day the violation of this section occurs shall constitute a separate offense.

5. The remedies under this section are cumulative and in addition to any and all other remedies available at law and equity.

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DocuSign Envelope ID: 6DOF6A3E-BO93AFB4-AIDOF-2E340FE15C26 TRUCKFF MUN10PAL CODE - TrrLE 18. ❑EVFLOPMENT CODE
Zoning Clearance 18.721
CHAPTER 18.72 - ZONING CLEARANCE
Sections:

18.72.010 - Purpose of Chapter

18.72.020 - Applicability
18,72.030 - Review and Decision
l 8.72.040 - Conditions of Approval

18.72.010 - Purpose of Chapter
A. This Chapter establishes procedures for the review and approval or denial of Zoning Clearances, which are required by the Town to verify that a requested land use activity and/or structure is an allowed land use within the applicable zoning district and complies with. the development standards and any design guidelines applicable to the land use or the zoning district of the site.

B. The review process begins with the recognition that the proposed use/construction is allowed in the zoning district and focuses on issues related to site layout and design in order to arrive at the best utilization of the subject site and compatibility of design with surrounding properties.

C. The process includes the filing of a building permit application or land use permit application with the Director to verify compliance with all applicable land use development standards. any applicable design guidelines and the requirements of other Town departments. 1$,72.020 - Applicability
Where Article 11 (Zoning Districts and Allowable Land Uses) requires Zoning Clearance, the Director shall evaluate the proposed use or structure in compliance with this Chapter, A. Eligibility for Zoning Clearance. A Zoning Clearance may be issued by the Director for land use activities or structures) identified in Article II (Zoning Districts and Allowable Land Uses) as an allowed use as follows:
l _ For projects of a single-family dwelling, accessory dwelling unit, and/or residential accessory structure, a change in land use, creation of timcc h:i � t _,,�.,_new structures or additions to existing structures with a total gross floor area of less than 7,500 square feet (less than 5,000 square feet in Downtown Residential and Downtown Commercial and Manufacturing zoning districts), or

2. For non-residential projects, a change in land use, new structures, or additions to existing structures with a total gross floor area of less than 7,500 square feet (less than 5.000 square feet in Downtown Residential and Downtown Commercial and Manufacturing zoning districts); or
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DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Zoning Clearance 18.72

3. For multi -family residential projects, a change in land use, new structures, or additions to existing structures with ten or less residential units; and/or

4. For all projects, a change in land use, new structures, additions to existing structures, new improvements, or additions to existing improvements with site disturbance (grading, impervious surfaces, and/or the removal of natural vegetation) of less than 26,000 square feet.

B. Streamlined Zoning Verification. For projects with a change of use that falls within the Zoning Clearance criteria in terms of floor area and site disturbance, but does not represent an expansion of the square footage and/or intensification of use, the project may qualify for a streamlined Zoning Verification review. This review shall verify that the proposed use is allowed in the zoning district in which the use is proposed, does not create significant impacts (e,g., parking, noise, solid waste storage, or environmental degradation), and does not require review by utility agencies, special districts, or departments, as determined by the Community Development Director. Streamlined Zoning Verifications require a public notice sign to be posted at the parcel from the time of application submittal until 10 days after approval of the application.

C. Other permits. A Zoning Clearance shall be required before the approval of a Building, Grading, or other construction permit or other authorization required by the Municipal Code or this Development Code for the proposed use or construction.

D. Incremental or phased development projects. Incremental or phased developments shall be treated on a cumulative basis. The approval of a Development Permit, in compliance with Chapter 18.74 (Development Permits) shall be required for additions to projects that would bring (1) the total project gross floor area for non-residential structure(s) to 7,500 square feet or more (5,000 square feet or more for projects located within the Downtown Residential and Downtown Commercial and Manufacturing zoning districts; (2) the total site disturbance area to 26,000 square feet or more; or (3) the total number of multi -family residential units to eleven or more units.

18.72.030 - Review and Decision
A. Project review procedures. Each application shall be analyzed by the Director to ensure that the application is consistent with the content, purpose and intent of this Chapter, this Development Code, any applicable design guidelines, the General Plan and any applicable Specific Plan.

B. Issuance of a Streamlined Zoning Verification.

1. Time for decision. The Director shall take appropriate action on the Zoning Verification within 30 days of finding the application complete in compliance with Section 18.70.060 (Initial Application Review/Environmental Assessment).

2. Public notice. Streamlined Zoning Verifications require a public notice sign to be posted at the parcel from the time of application submittal until 10 days after approval of the application.
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DocuSign Envelope ID; 6DQF6A3E-SD93-4FB4-ADDF-2E34DFE#5C26 TRUCKEE MUN10PAL CODE - TITLE 18. DEV>'t,OPMENT CODE.

Zoning Clearance I S.72

3. Required findings. The Director may approve a Streamlined Zoning Verification, with or without conditions, only if all of the following findings can be made:
a. The proposed project is:
(1) Allowed by Article Il (Zoning Districts and Allowable Land Uses) within the applicable zoning district and complies with all applicable provisions of this Development Code, the Municipal Code and the Public Improvement and Engineering Standards; and
(2) Consistent with the General Plan, any applicable Specific Plan and/or Master Plan, the Trails Master Plan, the Truckee Tahoe Airport Land Use Compatibility Plan and the Particulate Matter Air Quality Management Plan,
b. The proposed project is located in an existing building and the tenant space was previously occupied by a Liyo atcd use for which no complaints have been received.
c. No changes are proposed to the exterior of the building except signage or repairs consistent with the underlying land use approval.
d. The Zoning Verification approval is in compliance with the requirements of the California Environmental Quality Act (CEQA) and there would be no potential significant adverse effects upon environmental quality and natural resources.; and e. There are adequate provisions for public and emergency vehicle access, fire protection, sanitation. water and public utilities to ensure that the proposed development would not be detrimental to public health and safety. Adequate provisions shall mean that distribution and collection facilities and other infrastructure are installed at the time of development and in operation prior to occupancy of buildings and the land and all development fees have been paid prior to occupancy of buildings and the land.
f. The subject site is.
(1) Physically suitable for the type and density/intensity of development being proposed,
(2) Adequate in size and shape to accommodate the use and all fences and walls, landscaping, loading, parking, yards and other features required by this Development Code; and
(3) Served by streets adequate in width and pavement type to carry the quantity and type of traffic generated by the proposed development. g. The proposed development is consistent with all applicable regulations of the Nevada County Environmental Health Department and the Truckee Fire Protection District for the transport, use and disposal of hazardous materials.

December 14, 2021
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DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Vacations 18.88
CHAPTER 18.88 -VACATIONS
Sections:

18.88.010 - Purpose of Chapter

18.88.020 - Applicability

18.88.030 - Findings and Decision

18.88.010 - Purpose of Chapter
This Chapter establishes procedures for the review and approval or denial of the vacation of streets and public easements and the release of covenants of easements, which is required by State law and the Town to ensure that the street or easement is not necessary for present or prospective public use.

18.88.020 - Applicability
Any and all requests for the abandonment, vacation, and/or release of streets and public easements shall be evaluated in compliance with this Chapter. Public streets and public easements within subdivided Iands may be abandoned in accordance with Chapter 18.104 (Reversions to Acreage) or Section 66499.20 '/2 (Merging and resubdividing without reversion) of the Subdivision Map Act.

18.88.030 - Findings and Decision
A request for the vacation of a street or public service easement or the release of a covenant of easement shall be reviewed and processed in compliance with this section.

A. Minor street vacation. A request for the vacation of a street may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:

1. The street has been superseded by relocation of the street and utilities; the relocation of the street would not cut off all access to a person's property which, prior to relocation, adjoined the street; and the street is not necessary for present or prospective public use;

2. The street has been impassable for vehicular traffic for a period of five consecutive years, no public money was expended for maintenance on the street during such period, there are no in -place public utility facilities that are in use or would be affected by the vacation and the street is not necessary for present or prospective public use; or

3. The excess right-of-way of the street is not required for street purposes, there are no in -place public utility facilities that are in use or would be affected by the vacation and the excess right-of-way is not necessary for present or prospective public use.

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DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Vacations
The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.

B. Minor public service easement vacation. A request for the vacation of a public service easement may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and one of the following findings can be made:

1. The easement has not been used for the purpose for which it was dedicated or acquired for five consecutive years immediately preceding the requested vacation and the easement is not necessary for present or prospective public use;

2. The date of dedication or acquisition of the easement is less than five years and more than one year, immediately preceding the requested vacation, the easement was not used continuously since that date and the easement is not necessary for present or prospective public use; or

3. The easement has been superseded by relocation, there are no other public facilities located within the easement and the easement is not necessary for present or prospective public use.

The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.

C. Major street and public service easement vacation. A request for the vacation of a street or public service easement not meeting the requirements of Subsections A. and B. may be approved, with or without conditions, by the Town Council by resolution if all of the findings can be made:

1. The request was considered at a public hearing and noticed in accordance with the requirements of Sections 8322 and 8323 of the Streets and Highways Code;

2. The request was referred to the Planning Commission for their review and the Commission reported on the conformity of the request with the General Plan;

3. The street or public service easement is not necessary for present or prospective public use.

The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.

D. Release of covenant of easement. A covenant of easement may be released, with or without conditions, by the review body if all of the findings can be made:

1. A public hearing was held and noticed in accordance with Chapter 18.180 (Public Hearings) to consider the release of the covenant of easement;

2. The covenant of easement and the restriction on the property are no longer necessary to achieve the land use goals of the Town and the approval of the release is consistent with December 14, 2021
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DocuSign Envelope ID: BDOF6A3E-BD93AFB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Vacations

18.88 the General Plan, any applicable specific plan, the Trails Master Plan and the Particulate Matter Air Quality Management Plan,
The release may be effected either by the Zoning Administrator, Planning Commission, or Council, depending upon which review body imposed the requirement of the covenant. A notice of the release of the covenant of easement shall be recorded by the Town Clerk with the Office of the County Recorder.

E. Abandonment of access easement. A request for abandonment of an access easement in which the Town of Truckee is a grantee or otherwise has a legal interest may be approved, with or without conditions, by the Town Council by resolution without public hearing or notice only if the conformity of the request with the General Plan has been considered and the followin findings can be made:

1. All property owners with an interest in the access easement have provided wrltLen documentation giving the Town of Truckee authorization to abandon the easement on their behalf, and

2. The access easement and the restriction on the property are no longer necessary to achieve the land use goals of the Town and the approval of the release is consistent with the General Plan, any applicable specific plan, the Trails Master Plan and the Particulate Matter Air Quality Management Plan.

The resolution of summary vacation shall be recorded by the Town with the Office of the County Recorder.
&F. Fee. The Town may impose fees to recover the Town's reasonable cost of processing a request for a release. Fees for the processing shall be specified in the Council's Fee Resolution.

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DocuSign EnvelDpe ID: BDOFBA3E-BD93-4FB4-ADDF-2E34DFE15C26 TRLICKEE MUNICIPAL CODE - TITLE 18, DEVL'LOPMENT CODE
Urban Lot Split and Two -Unit Projects (Senate gill 9)

18.95 b. Each of the resulting lots must be between 50 percent and 40 percent of the original lot area.

8. Easements. The owner must enter into an easement agreement with each public service provider to establish easements that are sufficient For the provision of public services and facilities to each of the resulting lots.
a. Each easement must be shown on the Tentative Parcel Map. b. Copies of the unrecorded easement agreements must be submitted with the application. The easement agreements must be recorded against the property before the Final Map may be approved, in accordance with subpart (C)(1) above.

C. If an easement is recorded and the project is not completed, making the easement moot, the property owner may request, and the Town will provide, a notice of termination of the easement, which the owner may record.

9. Lot Access. Each resulting lot must have access to, provide access to, or adjoin the public right of way. Access shall comply with Section 18.30.020 (Access, General Standard).
a. Each resulting lot must have frontage on the public right of way of at least 20 feet. b. Access driveways shall be developed in compliance with the standards in Section

18.48.080 ( Driveways and Site Access).

10. Unit Standards.
a. Quantity. No more than two dwelling units of any kind may be built on a lot that results from an urban lot split. For purposes of this paragraph, "unit" means any dwelling unit, including, but not limited to, a primary dwelling unit, a unit created under section 18.95.040 of this code, an ADU, or a JADU b. Unit Size. The total floor area of each primary dwelling that is developed on a resulting lot must be less than or equal to 800 square feet. (1) A primary dwelling that was legally established prior to the urban lot split and that is larger than 800 square feet is limited to the lawful floor area at the time of the urban lot split. It may not be expanded.
(2) A primary dwelling that was legally established prior to the urban lot split and that is smaller than 800 square feet may be expanded to 800 square feet after the urban lot split.

11. Height Restrictions. On a resuking to !hat is '~ lian 2000safFeet ar lar-'er, He eak of! 2... , Fl
No new primary dwelling unit may exceed two stories or 22 feet in height, measured from grade to peak of the structure. Any portion of a new primary dwelling that exceeds December 14, 2021
V-34

Docusign EnvelDpe ID: BDOFBA3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVFLOPM ENT CODE
Tentative Map Filing and Processing

18.96 be subject to the codes and provisions that were in effect on the date that the extension request application was determined to be complete for processing.

B. Tentative Maps with multiple Final Maps.

Where a subdivider is required to expend more than $236,790, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost index for Class B construction as determined by the State Allocation Board, to construct, improve, or finance the construction or improvement of public improvements outside the property boundaries of the Tentative Map, other than improvements of public rights -of -way which abut the boundary of the site and which are reasonably related to the development of the site, and multiple Final Maps are filed covering portions of a single approved Tentative Map, each filing of a Final Map shall extend the expiration of the Tentative Map by an additional 36 months from the date of its expiration, or the date of the previously filed Final Map, whichever is later. The total of all extensions shall not extend the validity of the Tentative Map more than 10 years from its approval or conditional approval.

Tentative Maps which do not require the subdivider to provide more than $236,790, as increased by the registrar of contractors according to the adjustment of inflation set forth in the Statewide Cost Index for Class B construction as determined by the State Allocation Board, for off -site improvements shall expire at the end of the initial time period of the approval, unless a Parcel or Final Map is recorded, or an extension of time is requested and approved in compliance with Subsection A. above.

C. Vesting Tentative Maps. The review authority which approved the Vesting Tentative Map may grant extensions of up to six years to the initial time limit, provided that the total of all extensions shall not exceed six years, in accordance with Subsection A., above. Any rights conferred by Section 18.96.120 (Vesting Tentative Maps) shall expire if a Final Map is not approved and recorded before the expiration of the vesting Tentative Map.

D. Appeals_. A decision ul the Zoning_ Administrator or Commission acting as the review auiholitv for a Tentative NIW) Time Extension may be appealed in compliance xvith Chapter

18.140 (Appeals). The hearing on the appeal shall be held within 30 days after titre date of ftlin 7 the a .cal or if there: is no re 7ular mec:tin = of the review aLithori ty within the next 30 days for which sNcified_notice can _be_giv_en_,_Lhe a rp!al may be heard at the next_ regular tneeting for which the speci red notice can be given, or within 60 days from the date of the recci t of the request. whichever Vctiod is shorter. The appeal body shall reach its decision within 15_ days_ CcIlow ing the concIusion_of the ltearingi.

18.96.160 - Applications Deemed Approved
Any subdivision application deemed approved in compliance with Government Code Section 65956, or Map Act Sections 66452 et seq., shall be subject to all applicable provisions of this Development Code, which shall be satisfied by the subdivider before any Building Permits or other land use entitlements are issued. Parcel or Final Maps filed for record after the automatic approval of their Tentative Map shall remain subject to all the mandatory requirements of this Development Code and the Map Act, including but not limited to Map Act Sections 66473, 66473.5 and 66474.

December 14, 2021
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DocuSign Envelope ID: BDOF6A3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUNICIPAL CODE - TITLE 18, DEVELOPMENT CODE
Enforcement 18.200
CHAPTER 18.200 - ENFORCEMENT
Sections:

18.200.010 - Purpose of Chapter
18,200,020 - Authority to Issue Citations

18.200.030 - Remedies are Cumulative

18.200.040 - Inspection

18.200.050 - Initial Enforcement Action

18.200.060 - Violations

18.200.070 - Legal Remedies
18,200.080 - Recovery of Costs

18.200.010 - Purpose of Chapter
The purpose of this Chapter is to provide for compliance with the requirements of this Development Code, other titles of the Municipal Code, and any conditions of an approved land use permit or entitlement.

18.200.020 - Authority to Issue Citations
A. Code Enforcement Director. The Town Code Enforcement Director shall be the person primarily responsible for enforcing the provisions of this Development Code and shall have the authority and immunity of a public officer and employee to issue citations whenever possessing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, which constitutes an infraction or misdemeanor. The responsibilities of the Code Enforcement Director may also be carried out by the Code Enforcement Officer or the Department staff under the supervision of the Code Enforcement Director who shall also have the authority and immunity of a public officer and employee to issue citations whenever processing reasonable cause to believe that the person to be cited has committed a violation of this Development Code, which constitutes an infraction or misdemeanor.

B. Consultation with Police Chief. It may be necessary for the Code Enforcement Director to work with the Police Chief when enforcing the provisions of this Development Code, when the specific situation warrants uniformed police involvement.

18.200.030 - Remedies are Cumulative
All remedies contained in this Development Code for the handling of violations or enforcement of the provisions of this Development Code shall be cumulative and not exclusive of any other applicable provisions of Town, County, State, or Federal law. If a person is found guilty and convicted of an infraction or misdemeanor for the violation of any provision of this Development Code, the conviction shall not prevent the Town from pursuing other available remedy(s) to correct the violation.
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DocuSign. Envelope ID; BDOFSA3E-BD93-4FB4-ADDF-2E34DFE15C26 TRUCKEE MUN10PAL CODE - TITLE 18. ❑EVFLOPMENT CODE
Enforcement 18,200

18.200.040 - Inspection
A. Access for initial inspection. Every applicant seeking an application, permit, or any other action in compliance with this Development Code shall allow Town officials access to any premises or property which is the subject of the application.

S. Access for ongoing inspections. If the permit or other action is approved, the owner or applicant shall allow appropriate Town officials access to the premises to determine continued compliance with the approved permit and/or any conditions of approval, C. Failure to allow inspections. Failure to allow inspections for compliance shall automatically cause all permits and approvals to be suspended, pending a hearing before the Code Enforcement Director to void the permits and approvals.

D. Compliance. In addition, the Code Enforcement Director may withhold the processing of and/or issuance of any and all minis rj�tlperii i :ind discretionary land use permits, where a documented Code violation(s) exists, until the subject property is found to be in complete compliance with any and all applicable Code sections.

18.200.050 - Initial Enforcement Action
This Section describes the procedures for initiating enforcement action in cases where the Code Enforcement Director has determined that real property within the Town is being used, maintained. or allowed to exist in violation of the provisions of this Development Code. It is the objective of these provisions to encourage the voluntary cooperation of responsible parties in the prompt correction of violations, so that the other enforcement measures provided by this Section may be avoided.

A. The authority to abate and impose sanctions.

Enforcement of this Section may be accomplished by the Code Enforcement Director in any manner authorized by law.
1 The procedures identified in this Chapter shall not be exclusive and shall not, in any manner, limit or restrict the Town from enforcing other ordinances or abating public nuisances in any other manner provided by law.

Whenever the Code Enforcement Director determines that any condition exists in violation of this Development Code, the Code Enforcement Director may take appropriate enforcement action in compliance with this Chapter,

4. Notwithstanding the public nUisance abatement procedures, criminal and/or civil remedies may be employed as determined to be necessary and provided by law.

B. Notice to responsible parties. Whenever the Code Enforcement Director has inspected the location of the alleged violation and it has been found or determined that conditions constituting a Code violation exist on any property located in the Town, the Code Enforcement Director may prepare a notice and order and cause the owner of the property and the person, if other than the landowner occupying or otherwise in charge or control of the property, to be notified December 147 2021
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DocuSign. Envelope ID; BDeFBA3E-BD93-4FB4-ADDF-2E34DFEt5C26 TRUCKEE MUNICIPAL CODE - TITLE 18 - DEVELOPMENT CODE
Definitions/Glossary D
D. Definitions, "D."
Decibel (dB). A unit for measuring the amplitude of sounds, equal to 20 times the logarithm to the base 10 of the ratio of the pressure of the sound measured to the reference pressure, of 20 micropascals.

Deck. A platform attached to a house and supported by structural connections to the ground. including posts or piers, to provide outdoor living area that may be roofed (i.e.. covered deck), but is without walls on at least two sides, and which includes railings where required by the California Building Code.

Density. The number of housing units per net acre, unless otherwise stated. for residential uses.

Department. The Town of Truckee Community Development Department, referred to in this Development Code as "Department."
Detached. Any structure that does not have a wall of ck2 iiiu,'floor tr"oof in common with another structure.

Detached living area. A detached living area is an accessory structure within a residential zoning district, is not a required element of the main dwelling and is designed for human occupancy, It is intended to provide living quarter(s) within a detached residential accessory structure, located on the same premises with the main dwelling, for use by members of the family occupying the main dwelling and their non-paying guests.

Development. Any construction activity or alteration of the landscape, its terrain contour or vegetation, including the erection or alteration of structures. New development is any construction, or alteration of an existing structure or land use, or establishment of a land use. after the effective date of this Development Code.

Development Agreement. A contract between the Town and an applicant for a development project, in compliance with Chapter 18.150 (Development Agreements) of this Development Code and Government Code Sections 65864 et seq. A development agreement is intended to provide assurance to the applicant that an approved project may proceed subject to the policies, rules, regulations, and conditions of approval applicable to the project at the time of approval, regardless of any changes to Town po=icies, rules, and regulations after project approval. In return, the Town may be assured that the approved project will contain elements and components that are in the best interests of the Town and will promote the public interest and welfare of the Town.

Development Code. The Town of Truckee Development Code. Title 15 of the Truckee Municipal Code, referred to herein as "this Development Code." Development Envelope. The designated development area on a parcel within which disturbance may occur (also known as a "building envelope"). The purpose of the development envelope is to preserve open space and ensure clustered development. All areas outside the development envelope are required to be maintained in a natural, vegetated state.

The development envelope shall encompass all disturbance on a parcel, including structures December 14, 2i121
VII1-16

DocuSign Envelope IC; BCl7FSA3E-BD93-4FB4-ADDF-2E34DFEt5C26 TRuCKFI= Mt_rlslctPAL CODE - TrrLE IS - DEVELOPMENT CODE Definitions/Glossary B
B. Definitions, "B,"
Backyard Chicken. A domestic chick or lien kept on a residential lot as a household pet.

Does not include roosters.

Balcony. A platform that is cantilevered from a building wall and is enclosed by a parapet or railing.

Banks and Financial Services. Financial institutions including:
banks and trust companies
credit agencies
holding (but not primarily operating) companies
lending and thrift institutions
other investment companies
securities/commodity contract brokers and dealers
security and commodity exchanges
vehicle finance (equity) leasing agencies
This definition does not include escrow companies and title insurance companies which come under the definition "Offices, Business and Professional." See also, "Autornatic Teller Machine," above.

Bars and Drinking Establishments. Businesses where alcoholic beverages are sold for on - site consumption, which are not part of a larger restaurant. Includes bars, taverns, pubs, tap rooms (i.e., a room that is ancillary to the production of beer where the public can purchase and/or consume only the beer produced onsite), tasting rooms, and similar establishments where any food service is subordinate to the sale of alcoholic beverages. May include entertainment (e.g., live music and/or dancing). May also include beer brewing as part of a microbrewery, and other beverage tasting facilities. Also includes restaurants and coffee shops that serve alcohol during hours of operation when food service is no longer the primary use.

Base flood. A flood having a one percent probability of being equaled or exceeded in any given year (also called the 1 00-year flood).

Bed and Breakfast Inns. Residential structures with one family in permanent residence. with up to three bedrooms in the RR, RS and ❑RS zoning districts and up to five bedrooms in other allowable zoning districts rented for overnight lodging, where meals may be provided subject to Section 18.58.070 (Bed and Breakfast Inns) and applicable Health Department regulations. A Bed and Breakfast Inn with more than five guest rooms is considered a hotel or motel, and is included under the definition of "Hotels and Motels." Does not include room rental in a "boarding house" situation; see "Rooming and Boarding Houses."
Bedroom. An enclosed habitable room planned and intended for sleeping, separated from other rooms by a door and accessible without crossing another bedroom, closet space, or bathroom. umls,. A bedroom will have a built-in closet, emergency escape and rescue opening(s), and a minimum floor area of 70 square feet, exclusive of a closet.

Additionally, it shall meet the requirements or be in accordance with the current codes adopted by the Town as listed in Title 15 of the Municipal Code.

December 14, 2021
VIII-9

vrese �,,,,orvor
Date: May 10, 2022
Honorable Mayor and Council Members:

Author and title: Laura Dabe, Associate Planner
Title: Public Hearing to Consider 2022 Development Code Update; Ordinance 2022-05 (Clean - Up Amendments)
Jen Callaway. Town Manaaer
Recommended Action: That the Town Council: 1) Conduct a public hearing, introduce Ordinance 2022-05 and waive the first reading, amending the Truckee Municipal Code, Title 18 Development Code for Clean -Up Amendments; and 2) Determine the project exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3).

Discussion: The Town of Truckee is proposing Development Code Amendments to ensure clarity, streamline review processes, and ensure consistency with other Municipal Code sections.

Background: The Development Code update process was initiated in 2007 following adoption of the 2025 General Plan. Updates to the Development Code are intended to be an ongoing process to address current trends and issues as they arise. The December 14, 2021 Development Code, which is available online at https�// www.townoftruckee.com/government/community-development/planning-division/plans- and-regulations/development-code/title-18-development-code or at the Community Development Department at 10183 Truckee Airport Road, is the most current Development Code. The proposed amendments contained in this staff report are minor. The following sections include staff and Planning Commission recommendations, and proposed amendment language. The complete Draft Ordinance 2022-05 is provided as Attachment #1, The topics contained in this staff report were reviewed by the Planning Commission at its April 19. 2022 public hearing and are included in this staff report for the Town Council's consideration. The Planning Commission staff report, minutes and resolution are provided as links within the attachments.

The following topics were reviewed and amendments were supported by the Planning Commission as proposed by staff, with modifications to one amendment topic. For Urban Lot Split Height Restrictions, the Commission recommended allowing additional height flexibility for smaller parcels created through a SB-9 lot split application. Where the Planning Commission recommendation deviated from staff's recommendation, additional discussion is provided -
Clean -up Amendments
Draft ordinance 2022-05 (Attachment #1) contains several proposed clean-up amendments to help with accurate and consistent review of all projects. (Staff's proposed changes are shown in the text; Planning Commission edits are shown in red text.) A brief description of each clean-up amendment is provided below.

The Planning Commission recommended approval of the clean-up amendments as follows:

Pey�e 99

- Allowed Uses and Permit Requirements for
Residential Zoning Districts (Section 18.08.030
Residential Zoning Districts and Downtown
, Tables 2-2 and 2-3) and Commercial and
Manufacturing Districts (Section 18.12.030, Tables 2-7 and 2-8):

Remove multi -family residential transient rentals as a permitted use per the Short -Term Rental Ordinance adopted by the Town Council on April 12, 2022.

Add language permitting small lot single-family subdivisions that comply with the Subdivision Map Act (Gov. Code §66499.40) in zoning districts that allow multi -family residential uses.
• Add footnote to allow time-share properties as a permitted use within existing legal nonconforming single-family residences in the CG (General Commercial) and CN (Neighborhood Commercial) zoning districts.
- Easements (Section 18.30.056.B):
■ Per direction from the Town Attorney, add language requiring a commitment from the easement owner that required parking, landscaping and/or site improvements within an easement will be allowed to remain in perpetuity.
- Setbacks (Section 18.30.120):
■ Add generators to the types of equipment that require a five-foot side and rear yard setback in Table 3-3.
■ Add language in the side setback reduction section to allow roofs with snow retention mechanisms in addition to roofs with non -shedding roof materials. - Solid Waste and Recyclables Storage (Section 18.30.150), ■ Reduce enclosure height in Table 3-4 to six feet; 10 feet for enclosures with a roof. ■ Require bins and containers to be protected from wildlife. - Accessory Dwelling Units (Section 18.58.025):
■ Clarify height and setback requirements for ADUs less than 16 feet tall. • Update language regarding parking within easements to mirror Section 18.30.056 (Easements).
■ Update occupancy and rental requirements for consistency with the Short -Term Rental Ordinance adopted by the Town Council on April 12, 2022, including clarification on the deed -restriction requirements for accessory dwelling units.

Bed and Breakfast Inns (Section 18.58.070):
■ Clarify requirements for hosted rentals to ensure consistency with the Short -Term Rental Ordinance adopted by the Town Council on April 12, 2022. - Residential Accessory Structures (Section 18.58.220):
• Move detaching living area standards to Residential Accessory Structures section. ■ Clarify that breezeways are allowed for detached structures.

Time -Share Uses (Section 18.58.260):
■ Add Section 18.58.260 (Time -Share Uses) to outline the application process, development standards and enforcement and violation protocols for time-share uses. • Clarify that timeshare properties are a permitted use within existing legal nonconforming single-family residences in the CG (General Commercial) and (Neighborhood Commercial) CN zoning districts.

Zoning Clearance (Chapter 18.72):
■ Add time-share uses to list of projects that may be approved through a Zoning Clearance. ■ Clarify that tenant space must have a previous permitted use for a Streamlined Zoning Verification.

Vacations (Section 18.88.030):
■ Add subsection to clarify process for abandonment of an access easement. - Urban Lot Split Height Restrictions (Section 18.95.020):
• Clarify height limits for resulting lots that are 2,000 square feet or larger. ■ As part of its discussion, the Planning Commission recommended applying the same height limit (22') for all parcels created through a SB-9 lot split, regardless of

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Newport Beach City Council
September 13, 2022