Agenda — Scotts Valley City Council, February 1, 2023

A G E N D A
Meeting of the
Scotts Valley City Council
In-Person and Remote Access
Date: February 1, 2023
Time: 6:00 PM

CONTACT

INFORMATION

MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA
95066
(831) 440-5600
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
OR
Zoom Video Conference
https://us02web.zoom.us/j/84611601027
The agenda was posted
on 1-27-2023 at City
Hall, SV Senior Center,
SV Public Works and on
the Internet at
www.scottsvalley.org.

ELECTED OFFICIALS CITY STAFF MEMBERS
Jack Dilles, Mayor
Randy Johnson, Vice Mayor
Donna Lind, Council Member
Derek Timm, Council Member
Allan Timms, Council Member
Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Cathie Simonovich, City Clerk
Lauren Lambert, Deputy City Clerk

MEETING NOTICE AND AGENDA PACKET MATERIALS
Notice regarding City Council Meetings:

The City Council meets regularly on the 1st and 3rd Wednesday of each month at 6:00 PM in the City Hall Council Chambers located at 1 Civic Center Drive, Scotts Valley, CA 95066, and via Zoom Webinar remote access.

Agenda and Agenda Packet Materials:

The City Council agenda and the complete agenda packet are available for review by 5:00 PM the Friday before the Wednesday meeting on the Internet at the City’s website:
www.scottsvalley.org and in the lobby of City Hall at 1 Civic Center Drive, Scotts Valley, CA.

Pursuant to Government Code §54957.5, materials related to an agenda item, submitted after distribution of the agenda packet, are available for public inspection in the lobby of City Hall during normal business hours, Monday-Friday, 8am-12 pm and 1-5 pm. In accordance with AB 1344, such documents will be posted on the City’s website at www.scottsvalley.org.

Public Participation:

The meeting will be available on Zoom and livestreamed to the City of Scotts Valley’s YouTube channel: City of Scotts Valley, California - YouTube For those wishing to participate via Zoom you can join the following ways:

Zoom Webinar meeting link: https://us02web.zoom.us/j/84611601027 City Council Meeting Agenda Page 2
Date: February 1, 2023
Or dial one of these numbers: (669) 900-9128 or (669) 444-9171 Webinar ID: 846 1160 1027
Whether attendance is in-person or remote, you will be given opportunities to provide public comment at the appropriate times throughout the meeting. The time limit is up to 3 minutes for an individual, or 5 minutes for someone who is representing a group of three or more, at the discretion of the Mayor. Please note that this is not a question-and-answer time, but simply a time to provide comments to the Council. At the appropriate times during the meeting for public comment, on items not on the agenda, and on specific agenda items, the Mayor will announce that public comment will be accepted.

How to comment via in-person attendance:

Please proceed to the public comment podium when the Mayor opens the item for public comment.

How to comment via Zoom Webinar:

Use the webinar attendee option to “raise hand” when the Mayor opens the item for public comment. The Clerk will unmute you when it is your turn. If you have joined via Zoom phone call, dial *9 or your phone to “raise your hand”, and the Clerk will unmute you when it is your turn.

CALL TO ORDER 6:00 PM
PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE

ROLL CALL

COMMITTEE REPORTS
Council members are appointed to committees which are either City committees or committees dealing with other jurisdictions. This portion of the agenda allows the committee member to present oral or written reports to the Council regarding their committee assignments. It also allows the Council to make comments and give the committee member direction, as required.

CITY MANAGER REPORT

PUBLIC COMMENT TIME
This is the opportunity for individuals to make and/or submit written or oral comments to the Council on any items within the purview of the Council, which are NOT part of the Agenda.

No action on the item may be taken, but the Council may request the matter be placed on a future agenda.

ALTERATIONS TO CONSENT AGENDA
Council can remove or add items to the Consent Agenda.

CONSENT AGENDA
The Consent Agenda is comprised of items which are intended to be non-controversial and are approved without discussion. Persons wishing to speak on any item may request the item be City Council Meeting Agenda Page 3
Date: February 1, 2023
moved to the Regular Agenda by raising their hand to be recognized by the Mayor. An item will only be moved from the Consent Agenda to the Regular Agenda if a City Council Member requests it to be moved and a majority of the Council agrees.

A. Approve City Council regular meeting minutes of 12-07-2022 and 01-18-2023; and special meeting minutes of 01-18-2023
B. Approve check registers dated 01-19-2023 and 01-26-2023 C. Second reading and adoption of Ordinance No. 16-ZC-232 to change the zoning on Lot 1 from Service Commercial (C-S) to Medium High Residential (R-M-6) and Ordinance No. 16-ZC-233 approving a planned development district overlay (PD18-002) for the development of mixed-use commercial and residential development which includes 24,973 sf. of commercial, eight townhomes, and 44 apartments, on a 3.56 acre parcel located at the intersection of Mt. Hermon Road and Glen Canyon Road/APN 022-162-76

ALTERATIONS TO REGULAR AGENDA
Council can remove or add items to the Regular Agenda.

REGULAR AGENDA
Persons wishing to speak on any item may do so by raising their hand to be recognized by the Mayor.

1. Future Council agenda items
(This portion of the Regular Agenda allows the Council to determine items to be placed on a future agenda and to choose a date, if so desired.)

CONVENE TO CLOSED SESSION

CLOSED SESSION SUBJECT(S)
(1) Public Employee Annual Performance Evaluation
Legal Authority: Government Code Section 54957(b)(1)
Position: City Manager
Staff Present: City Manager, City Attorney

RECONVENE TO OPEN SESSION

REPORT ON ACTION TAKE DURING CLOSED SESSION

ADJOURNMENT

ADA NOTICE
City Council Meeting Agenda Page 4
Date: February 1, 2023
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices in order to attend and participate at the meeting, please call the City Clerk's office at (831) 440- 5600 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; or, Voice to TTY/VCO/HCO: English 1-800-735-2922, Spanish 1-800-855-3000), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.

City Council Meeting Agenda Page 5
Date: February 1, 2023

PROCEDURAL INFORMATION FOR THE PUBLIC

THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
APPROVAL OF A RESOLUTION:

1. Move the Resolution number for approval.

2. Second the motion.

3. Vote by body, a roll call vote is not required.

THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
INTRODUCTION/ADOPTION OF AN ORDINANCE:

1. Move the Ordinance number for introduction (or adoption).

2. Move the Ordinance be introduced by title only and waive the reading of the text.

3. Read the Ordinance title.

4. Second the motion.

5. Vote by body, a roll call vote is not required.

THE FOLLOWING IS THE PROCEDURE COUNCIL SHOULD TAKE IN
PUBLIC COMMENT/PUBLIC HEARINGS:

Unless otherwise determined by the presiding officer of the meeting:

1. Three minutes allowed per individual to speak.

2. Five minutes allowed per individual representing a group of three or more. ❖❖❖❖❖❖❖❖
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices in order to attend and participate at the meeting, please call the City Clerk's office at (831) 440-5602 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; Voice to TTY/VCO/HCO: English 1- 800-735-2922, Spanish 1-800-855-3000; or, from or to Speech-to-Speech, English & Spanish 1- 800-854-7787), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.

M I N U T E S
Meeting of the
Scotts Valley City Council
Date: December 7, 2022
Time: 6:00 PM

CONTACT INFORMATION MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA 95066
(831) 440-5600
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
and
Zoom Video Conference
The agenda was posted
at City Hall, the SV Public Works
Building, the SV Senior Center
and on the Internet at
www.scottsvalley.org
CALL TO ORDER 6:00 PM
The City Council meeting was called to order at 6:06 PM.

PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE

ROLL CALL
ELECTED OFFICIALS PRESENT:

Donna Lind, Mayor
Jack Dilles, Council Member
Randy Johnson, Council Member
Derek Timm, Council Member
ELECTED OFFICIALS ABSENT:

Jim Reed, Vice Mayor
CITY STAFF MEMBERS PRESENT:

Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Taylor Bateman, Community Development Director
Chris Lamm, Public Works Director/City Engineer
Cathie Simonovich, City Clerk
Lauren Lambert, Deputy City Clerk

COMMITTEE REPORTS
CM Dilles attended the Affordable Housing Subcommittee meeting along with CM Timm. The focus of the meeting was the Oak Creek Park project which will be discussed later in the agenda.

CM Dilles attended a meeting of the Integrated Waste Management Local Taskforce, and they discussed issues surrounding implementing organics recycling countywide.

CM Dilles attended a webinar which was presented by the State Legislative Analyst’s office where they made some predictions about where the economy and the state budget are heading.

AGENDA ITEM A
DATE: 02-01-2023
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Date: December 7, 2022
CM Dilles had a conversation about public banks with a retired banker. The County has put out Requests for Proposals for determining the viability of public banks.

CM Timm, as mentioned by CM Dilles, attended the Affordable Housing Subcommittee.

CM Timm, along with CM Johnson, attended a Town Center Subcommittee meeting where they focused on the timeline for the project.

CM Timm thanked the City Staff for putting together the Diversity, Equity and Inclusion (DEI) training. The training was very valuable, and the Council Members appreciated the opportunity to participate in the training.

CM Johnson attended a meeting of the Regional Transportation Commission (RTC).

They discussed the two phases of the EIR study which will analyze costs and projections of the potential rail system. CM Johnson voted against the EIR study; however it did pass.

CM Johnson attended the Town Center Subcommittee meeting and emphasized that the plan is moving forward.

Mayor Lind thanked the Exchange Club, the Police Department and the City Staff for supporting the annual tree lighting event, Light up the Night. This was a successful event, and the proceeds will go to Valley Churches United.

Mayor Lind, along with CM Timm, attended the ribbon cutting ceremony for Dientes in Santa Cruz.

CITY MANAGER REPORT
Historical Society: City Manager LaGoe thanked the Historical Society for the holiday lunch event for City Staff on December 6th. Staff enjoyed the food, the tours of the Scott House, seeing the artifacts, and visiting with the Historical Society members.

FlashVote: This is the City’s survey tool, and a new survey regarding the City’s recreation program was recently sent out. Please sign up for FlashVote by going to the City’s Facebook page. Once signed up, residents will be able to provide valuable feedback on a wide variety of topics of interest pertaining to Scotts Valley.

City Staffing: The City recently hired an analyst in the Public Works Department and a new Maintenance Supervisor will also be starting soon. The second round of interviews were completed for the position of Recreation Coordinator.

Community Garden: The Recreation Department has been revamping the Community Garden.
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Date: December 7, 2022
Engineering: The demolition of the Public Works building will happen in the next couple of weeks. A lot of work has been completed in preparation for this to happen.

Additionally, the street stripping project is in process.

Public Outreach Videos: The City will be utilizing a free service provide by CGI, to create educational videos about Scotts Valley. This will be useful for both the City and local businesses.

Technology Improvements: The new phone system implementation is complete. This was a huge project several years in the making, and it greatly improves service to our customers. Related to this, the City invested in an online training program called Knowledge Wave.

Maintenance Crews: City Manager LaGoe thanked the Maintenance crews who have been out in the stormy weather making sure that the storm drains and the roads are clear.

PUBLIC COMMENT TIME
A video was shown to honor Vice Mayor Reed for his many years of service to Scotts Valley City Council.

ALTERATIONS TO CONSENT AGENDA
CM Johnson requested that Consent Agenda Item F and Consent Agenda Item G be moved to the regular agenda. The items were moved to the Regular Agenda as Item 1A and Item 1B, respectively.

CONSENT AGENDA
A. Approve City Council minutes of 11-16-2022 and 11-18-2022 B. Approve check registers dated 11-17-2022, 11-21-2022, and 12-01-2022 C. Approve City Council meeting schedule for 2023
D. Second reading and approval of Ordinance 157.2 amending Municipal Code Chapter 2.70 – Purchasing
E. Adopt Resolution No. 1991.2 accepting the Fiscal Year 2021-2022 AB 1600 Development Impact Fee Report
F. Award Parks Master Plan and Recreation Strategic Plan - moved to Regular Agenda Item 1.A
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Date: December 7, 2022
G. Approve Skypark play structure purchase and installation – moved to Regular Agenda Item 1.B
M/S: Dilles/Timm
To approve the amended Consent Agenda, with Item F and Item G moved to the Regular Agenda as Item 1A and Item 1B, respectively.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed)

ALTERATIONS TO REGULAR AGENDA
M/S: Dilles/Timm
To approve the Regular Agenda as amended to include Item 1A and Item 1B moved from the Consent Agenda.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed)

REGULAR AGENDA
1A. Award Parks Master Plan and Recreation Strategic Plan 1B. Approve Skypark play structure purchase and installation CM Johnson had questions about the process for the Parks Master Plan and Recreation Strategic Plan and the fiscal aspects of both Item 1A and Item 1B . City Manager LaGoe and Public Works Director Lamm responded to the questions.

M/S: Johnson/Dilles
To approve Regular Agenda Item 1A and Item 1B.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed)

1. CalPERS Pension Funding Policy approval and Section 115 Trust next steps City Manager LaGoe introduced this item and turned it over to Mike Myers and Matt DeFilippis from NHA Advisors. Mr. Myers and Mr. DeFilippis presented a PowerPoint presentation and responded to questions from Council
M/S: Timm/Johnson
To approve the Pension Funding Policy, adopt Resolution No. 2017.1 extending the Temporary Project Specific CalPERS Pension Cost Management Committee through June 30, 2023, and to authorize the City Manager and the Committee to evaluate and select a provider responsible for setting up the Section 115 Trust.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT: Reed) 004
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Date: December 7, 2022
PUBLIC HEARING(S) (To be heard after 6:30 p.m.)

1. Public Hearing: Consideration of the Planning Commission’s recommendation of approval for Environmental Review, a General Plan Amendment, Zone Change, Planned Development Zoning, Minor Land Division and Planned Development Permit/Design Review application to allow for the construction of a mixed use commercial and residential development on a 3.56-acre site at the intersection of Glen Canyon and Mt. Hermon Road (APN: 022-162-76). Project land uses include 24,973 square feet of commercial, eight townhomes, and 44 apartments.

Community Development Director Bateman introduced Susie Pineda, Contract Planner; and Bill Wiseman from Kimley Horn, California Environmental Quality Act (CEQA) Consultant. Both Ms. Pineda and Mr. Wiseman gave PowerPoint presentations. Written public comments received prior to the publishing of the agenda were included in the agenda packet. Written public comments that were received after the publishing of the agenda will be included as part of the official minutes. Also speaking were Charlie Eadie, Applicant; Greg Eggers, Property Owner; Todd Creamer, Project Engineer; and Matthew Thompson, Architect.  The public hearing was opened at 7:52 PM
Public comments were received from the applicant Charlie Eadie, Tim Willoughby from Affordable Housing Now; and Scotts Valley residents Walt Heil, Bill Jaeger, Bennett Williamson, Bill Holl, Patrick Shay, Linda Kerner, and Carolyn DeLucia.  The public hearing was closed at 8:39 PM
Adopt Resolution No. 2020 Certifying the Environmental Impact Report M/S: Dilles/Johnson
To adopt Resolution No. 2020 certifying a final Environmental Impact Report (EIR 19-004) for the Oak Creek Park project consisting of a mixed use commercial and residential development which includes 24,973 square feet of commercial, eight townhomes, and 44 apartments on a 3.56 acre parcel.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:

Reed)

 Adopt Resolution No. 2020.1 Approving the General Plan Amendment M/S: Johnson/Dilles
To adopt Resolution No. 2020.1 approving a General Plan Amendment (GPA 18-001) to change the existing general plan land use designation on Lot 1 from service commercial to medium high density residential.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:

Reed)
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Date: December 7, 2022
 Introduce and approve first reading of Ordinance No. 16-ZC-232 Approving the Zone Change
M/S: Johnson/Dilles
To introduce Ordinance No. 16-ZC-232 to approve the Zone Change No.

ZC18-001 to change the zoning on Lot 1 from service commercial (C-S) to medium high residential (R-M-6) and waive the reading thereof.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:

Reed)
 Introduce and approve first reading of Ordinance No. 16-ZC-233 Approving the Planned Development Zoning
M/S: Johnson/Dilles
To introduce Ordinance No. 16-ZC-233 to approve a Planned Development District Overlay (PD18-002) for the development of a mixed-use commercial and residential development which includes 24,973 square feet of commercial and 44 apartments, on a 3.56 acre parcel and waive the reading thereof.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:

Reed
 Adopt Resolution No. 2020.2 Approving the Land Division M/S: Dilles/Johnson
To adopt Resolution No. 2020.2 approving the minor land division (MLD 18- 003) of the Oak Creek Park development to subdivide the existing 155,350 square foot parcel into two lots to allow a mixed use commercial and residential development which includes 24,973 square feet of commercial, eight townhomes, and 44 apartments located at the intersection of Mt.

Hermon Road and Glen Canyon Road with conditions of approval as amended by City Council direction this evening.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:

Reed)
 Adopt Resolution No. 2020.3 Approving the Planned Development Permit and Design Review
M/S: Johnson/Dilles
To adopt Resolution No. 2020.3 approving the Planned Development Permit (PD 18-002) and Design Review Permit (DR 18-007) for the Oak Creek Park project, a mixed use residential and commercial project which includes 24,973 square feet of commercial, eight townhomes, and 44 apartments located at the intersection of Mt. Hermon Road and Glen Canyon Road with conditions of approval as amended by City Council direction this evening.

Carried 4/0/1 (AYES: Dilles, Johnson, Lind, Timm; NOES: None; ABSENT:

Reed)
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Date: December 7, 2022
REGULAR AGENDA (resumed)

2. Future Council agenda items
None

ADJOURNMENT
The meeting adjourned at 10:19 PM.

Approved: _____________________________
Jack Dilles Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk
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Seagate Internal
December 4, 2022
Scotts Valley City Council, via email
RE: Public Comment - Residential Concerns
Oak Creek Park Develop Plan, APN: 022-162-76, corner of Glen Canyon and Mt. Hermon Road

Dear distinguished members of the Scotts Valley City Council:

My wife Tiffiny and I have lived in Scotts Valley for over two decades. We have had the pleasure of getting to know some of you through sports and working together to improve our schools.

We reside at , Scotts Valley, CA 95066 Our home is directly behind the northeast corner of the Proposed Mixed Use Building A on Lot 2 of the Oak Creek Park construction project.

I find it interesting that the meeting minutes provided by the Scotts Valley Planning Commission for both the June 9th and September 8th meetings contain attachments that promote the Development but exclude my comment letters provided to the Planning Commission in advance of each of those respective meetings. I have attached copies of my correspondences to this letter.

Tiffiny expressed our concerns at the Scotts Valley Planning Commission meeting on June 9, 2022, and I reiterated them again at the September 8, 2022 meeting. Unfortunately, we feel that most of the concerns we raised were summarily dismissed by the Project Applicant as well as a vocal member of the Scotts Valley Planning Commission who expressly indicated all concerns raised by neighboring parties had been properly addressed.

Please note that we are not trying to stand in the way of the overall Oak Creek Park development plan.

We are merely asking for your due consideration of the concerns I outline below before proceeding with your vote on the Oak Creek Park development plan.

Issue 1: Six Coastal Redwoods:

One of our major concerns is associated with the health of the six Coastal Redwoods lining the back of my property and the northeast side of the Building A proposed development and any personal or property liability we may have should these trees die as a result of this development. These are the Protected Trees 3A, 4A, 5A, 6A, 7A and 8A in the Tree Assessment Chart - Appendix A on page 17 and the Tree Protection Plan on page 21 of the certified Arborist Report issued on November 10, 2022.

We consistently represented in both Planning Commission meetings that the root systems of a Coastal Redwood may run several feet deep and up to one hundred feet outward from the trunk. We have also noted that these Redwoods likely rely on underground springs running along the properties down the Mount Herman side of the Lucia Lane properties adjacent to this proposed development. 008
Seagate Internal
The Building A development plans in Diagram A2.0 appear to show a four-story complex on Lot 2 with the northeast corner of Building A just twenty feet from my adjacent property line. Assuming I have properly interpreted the architectural plan Diagram A6.1, the bottom two stories (underground parking / commercial space, see Page 237 of the City Council agenda documents) will be below grade just twenty feet from my property line and less than 25 feet from my protected Coastal Redwoods.

I specifically questioned during the September 8, 2022 meeting how the Applicant can indicate that only minimal grading not more than 12” (per page 9 of the September meeting notes) will occur near my property line when the Applicant will apparently need to dig over 20 feet down just 20 feet from our adjoining property lines (and less than 25 feet from my Redwoods) in order to build the two-story underground parking structure. See Site Diagram A6.1 for the pictorial view I am referring to. This major excavation within 25 feet of my mature Redwoods will highly likely impact 75% of my Redwoods’ root systems in that area. I cannot see how this will not impact the long-term health of our Redwoods. I find the Applicant’s not more than 12” grading representation to be intentionally misleading. It appears that the independent arborist has also relied upon this representation in drawing his conclusions per page 12 of his report that the construction will likely have a “low impact” on my Coastal Redwoods. I am also curious how the Arborist can be independent when hired and paid for by the Applicant.

I am asking the City Council to consider having the Applicant and Independent Arborist relook at these representations and findings.

A potential remedy would be for the Applicant to indemnify me against any personal or property damage claims should my Redwoods die and harm another within an agreed to period following the construction.

Issue 2: Trash Bin location
We have also highlighted that I am what is called a “sensitive receptor” as described in the Environmental Impact Report. I have noted that I am highly sensitive and subject to migraines due to various odors and allergens. I remain very concerned about the impact on my health and well-being in that the major trash receptacles (four industrial size trash bins) for the property will be situated approximately 25 feet from the back of my adjacent property line. I understand that my estimated 25 feet setback conflicts with the Applicant’s 45 feet setback representation on page 9 of the September 8th Planning Commission meeting minutes. My estimate is based on the Site Diagram A2.0 which shows the northeast corner of Building A on Lot 2 will be right up to the 20-foot setback with the 10 by 30-foot trash bin enclosure located just south of that northeast corner of Building A. It sure does not appear to be 45 feet away from my property.

We ask the City Council to consider having the Applicant seriously consider whether there are any other locations on the 3.5-acre property that can house these trash receptacles in addition to confirming their assertions regarding the location of the bins. We unfortunately feel they have not yet attempted to actually address our concerns with this mass garbage bin location. 009
Seagate Internal
Issue 3: Parking Lot Ventilation
Considering the prevailing onshore winds, we have raised a similar concern about how the parking lot will vent fumes directly into our property. This will in turn impact my health and our enjoyment of our home. I asked whether there are any venting options to minimize this potential impact. The only response we obtained from the Applicant is that they will rely on natural venting that is in compliant with State building regulations.

We ask the City Council to consider whether there are any parking lot ventilation mitigations that can be further explored.

Issue 4: Building Height Exception
We ask the City Council to consider whether it is in Scotts Valley’s best interests to allow an over 10 foot exception to our existing building height codes. This exception will likely lead to even further exceptions in the future.

Please contact me on my cell number noted below if you wish to discuss any of the above matters directly.

Thank you for your consideration of the concerns we have raised regarding the proposed Oak Creek Park development.

Sincerely,
Patrick Shay
Scotts Valley, CA 95066
Attachments:

Comment letter to City of Scotts Valley Planning Commission delivered via email dated June 9, 2022 Comment letter to City of Scotts Valley Planning Commission delivered via email dated September 6, 2022
CC: City of Scotts Valley Planning Commission, via email. 010
011
012
From: Alasdair Drysdale
Sent: Tuesday, December 6, 2022 1:20 PM
To: Susie Pineda <[email protected]>
Subject: Re: Oak Creek Development

[EXTERNAL EMAIL] DO NOT CLICK links or attachments unless you know the content is safe. Be aware that the sending address can be faked or manipulated.

Hi Susie,
In case I don’t make it to the meeting tomorrow, I just wanted to reiterate some points that I don’t think have been addressed. Sorry to sound like a broken record.

1. We still have not seen an artist’s rendering of what the project would look like from Thomas Terrace, despite two requests. This suggests the developer doesn’t care what his neighbors think. In the absence of being able to see this, it’s impossible to support the development.

2. We are deeply concerned about how the closest townhouses can be built with the ground floor level with our property when there is such a steep slope and drop off at that corner (see photo). Something doesn’t add up. Can the slope map be checked for accuracy? Can the city engineer take a look? As currently proposed the last townhouse would have to be substantially higher than Mt Hermon Rd.

3. We still have not heard whether that last block of townhouses can be built at a lower grade so that they do not impede our view so much. Incidentally this would also address concern #2.

4. We would like confirmation that the developer will build an attractive fence, provide screening vegetation, and seek approval from the Fire Dept of a wooden gate.

Best
Alasdair
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M I N U T E S
Meeting of the
Scotts Valley City Council
In-Person and Remote Access
Date: January 18, 2023
Time: 6:00 PM

PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE

ROLL CALL
ELECTED OFFICIALS PRESENT:

Jack Dilles, Mayor
Randy Johnson, Vice Mayor
Donna Lind, Council Member
Derek Timm, Council Member
Allan Timms, Council Member
(remote appearance per AB 2449)
CITY STAFF MEMBERS PRESENT:

Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Cathie Simonovich, City Clerk
Lauren Lambert, Deputy City Clerk

COMMITTEE REPORTS
CM Lind attended a meeting of the Local Area Formation Commission (LAFCO) where they adopted the sphere of influence establishing a district for the Pajaro Valley Healthcare District. They also approved a contract to hire Piret Harmon to be a water consultant.

CM Lind attended a meeting of the Santa Cruz Metropolitan Transit District (METRO) Finance/Personnel and she shared a press release from the meeting that announced the launch of the ‘One Ride at a Time’ campaign. A couple of the buses will be wrapped with a decorative wrap that supports the message of the campaign which highlights the environmental benefits of transit, encourages ridership and protects Santa Cruz County’s natural resources.
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Date: January 18, 2023
CM Johnson attended a meeting of the Regional Transportation Commission (RTC) where they deferred on the subject of placing 100 rail cars on the tracks, mostly near Watsonville.

CM Timm attended the Chamber’s Economic Recovery Taskforce meeting where they discussed the recent impacts on small businesses due to the storms. They also looked at the Chamber’s 2023 initiatives. Nominations are open until February 1st for the community awards. Please visit the Scotts Valley Chamber of Commerce website for the nomination information.

Mayor Dilles attended the County Redevelopment Agency (RDA) Oversight Committee meeting, and he was appointed to continue to be Vice Chair of this organization. The committee approved Scotts Valley’s Recognized Obligation Payment (ROP) schedule and Administrative Budget.

Mayor Dilles attended the Seniors Advisory Council, and they discussed the Governor’s Proposed Budget and noted slight increases, and no take aways, for the programs for which they receive money from the State for the local senior programs. Project Scout gave a presentation regarding their program to assist with income tax return preparation for seniors. The Live Oak school district which owns the land which houses Meals on Wheels and the Senior Network services extended the eviction order to June of 2023.

Mayor Dilles attended a meeting of the Revenue Taxation Committee of the League of California City where they gave background information on how the committee process works, how the legislative process works at the State, and what the next steps will be for the committee. There will be three meetings in 2023 for the purpose of advocating for funding from the State.

CITY MANAGER REPORT
Staff Appreciation: City Manager LaGoe thanked the Council for their acknowledgment and appreciation for the staff and their response to the storm. A lunch was hosted in the Council Chambers for the Public Works staff members to thank the staff for their dedication and hard work.

D.A.R.E. (Drug Abuse Resistance Education) Program: The D.A.R.E. 11-week program put on by the Scotts Valley Police Department began this week for all 5th graders in Scotts Valley schools. Council Members will be invited to graduation when it gets scheduled, most likely in April.

Leadership Santa Cruz: This event was originally scheduled for January 6th but was postponed to January 20th due to the storms. This will be in the Council Chambers and Mayor Dilles, Councilmember Lind, and City Manager LaGoe will be participating in this event.
016
City Council Meeting Minutes Page 3
Date: January 18, 2023
Finance and Human Resources Departments: The staff have been busy working on the new software implementation and have been attending several meetings a week with the vendors. The 2023-2024 budget will be built in OpenGov which will allow us to communicate the budget in a more accessible and transparent way with the community.

The staff is also implementing the new HR payroll system.

City Hall Internet Upgrade: Thank you to CyAs Tech for assisting with getting upgraded internet speeds to City Hall!
Staffing: The new Recreation Coordinator started this week, the new Senior Planner will start next week, and final interviews were completed for the Administrative Services Director candidates.

PUBLIC COMMENT TIME
CM Lind noted that the Fallen Officers Ball that will be held on February 25, 2023 from 5:30 PM to 11:00 PM at the Coconut Grove in Santa Cruz. This is the Fallen Officers Foundation’s major fundraiser of the year and will include a silent auction and a live auction. More information can be found on the website: Fallen Officer Foundation (scfof.org).

APPROVAL OF CONSENT AGENDA WITH NO ALTERATIONS
M/S: Timm/Lind
To approve the Consent Agenda.

Carried 5/0 (AYES: Dilles, Lind, Johnson, Timm, Timms)

CONSENT AGENDA
A. Approve City Council minutes of 12-21-2022
B. Approve check registers dated 12-22-2022, 01-05-2023, and 01-12-2023 C. Approve the 2023 Scotts Valley Interjurisdictional Committee, Commission, Board and Council appointments, Standing Committee and Liaison appointments and adopt resolutions establishing project specific subcommittees D. Ratify the appointments of Nancy Diaz and Anna Pissanetzky to serve on the Senior Center Board, with an effective date of January 18, 2023 E. Adopt Resolution No. 2021 ratifying the 2022 Fire Code amendments F. Adopt Resolution No. 1955.24 approving the Salary Schedules for the Assistant Planner and Associate Planner positions

REGULAR AGENDA
017
City Council Meeting Minutes Page 4
Date: January 18, 2023

1. Future Council agenda items
None

ADJOURNMENT
The meeting adjourned at 6:42 PM.

Approved: _____________________________
Jack Dilles, Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk
018

M I N U T E S
Special Meeting of the
Scotts Valley City Council
In-person and Remote Access
Date: January 18, 2023
Time: 6:00 PM

CONTACT INFORMATION MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA 95066
(831) 440-5600
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
and Zoom Video Conference
The agenda was posted
at City Hall, SV Senior Center,
SV Public Works and on the
Internet at
www.scottsvalley.org.

CALL TO ORDER 6:00 PM
The Special Meeting of the City Council was called to order at 6:02 PM.

City Attorney Powell announced that Council Member Timms is attending the League of California Cities training for new Council Members in Sacramento and therefore will be attending the City Council special meeting and the City Council regular meeting remotely pursuant to AB 2449. Council Member Timms noted that there was no one over the age of 18 years old in his meeting space.

PLEDGE OF ALLEGIANCE and MOMENT OF SILENCE

ROLL CALL
ELECTED OFFICIALS PRESENT:

Jack Dilles, Mayor
Randy Johnson, Vice Mayor
Donna Lind, Council Member
Derek Timm, Council Member
Allan Timms, Council Member
CITY STAFF MEMBERS PRESENT:

PUBLIC COMMENT TIME
None.
019
City Council Special Meeting Minutes Page 2
Date: January 18, 2023

REGULAR AGENDA

1. Consider approval of Resolution No. 2022 declaring a local emergency regarding the atmospheric river winter storms and naming the City Manager the Director of Civil Defense and Disaster
City Manager LaGoe introduced this item, and Public Works Director Lamm presented a PowerPoint and responded to questions from Council.

M/S: Lind/Timm
To adopt Resolution No. 2022 declaring a local emergency regarding the atmospheric river winter storms and naming the City Manager the Director of Civil Defense and Disaster.

Carried 5/0 (AYES: Dilles, Lind, Johnson, Timm, Timms)

ADJOURNMENT
The meeting adjourned at 6:26 PM.

Approved: _____________________________
Jack Dilles, Mayor
Attest: __________________________
Cathie Simonovich, City Clerk
020

SCOTTS VALLEY ACCOUNTS PAYABLE CITY OF SCOTTS VALLEY
01/19/2023 19:44:55 Check Register GL050S-V08.19 COVERPAGE GL540R
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AGENDA ITEM B
DATE: 02-01-2023
001

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
01/19/2023 19:44:55 Check Register
GL540R-V08.19 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT

BA GENERAL CHECKING ACCOUNT
001840 A TOOL SHED, INC. 125872 01/19/23 833.00
005060 A.BAGLEY CPA TAX & 125873 01/19/23 168.75
003597 ADAMS ASHBY GROUP, INC 125874 01/19/23 2,937.50
003497 ALVAREZ INDUSTRIES, INC 125875 01/19/23 1,606.00 001670 AT &T 125876 01/19/23 3,548.12
000097 AT&T 125877 01/19/23 68.01
003170 BOGARD CONSTRUCTION INC 125878 01/19/23 2,147.50 004080 CARL V. PRIMAVERA, D.D.S 125879 01/19/23 97.00
003787 CARMEL AREA WASTEWATER D 125880 01/19/23 6,201.00 005057 CITY OF FOSTER CITY 125881 01/19/23 540.00
002091 COMCAST 125882 01/19/23 323.26
002091 COMCAST 125883 01/19/23 169.64
002091 COMCAST 125884 01/19/23 393.23
002091 COMCAST 125885 01/19/23 215.40
005059 CORNER POCKET TRANSPORTS 125886 01/19/23 960.00
000037 CRYSTAL SPRINGS WATER CO 125887 01/19/23 71.25
000037 CRYSTAL SPRINGS WATER CO 125888 01/19/23 40.60
000389 DASSEL'S PETROLEUM INC 125889 01/19/23 5,194.79
000207 DEPARTMENT OF JUSTICE 125890 01/19/23 64.00
000231 DOCTORS ON DUTY 125891 01/19/23 190.00
004073 DU-ALL SAFETY, LLC 125892 01/19/23 5,797.95
001362 DUNCAN AUTO TECH 125893 01/19/23 606.82
001537 DYNAMIC PRESS 125894 01/19/23 60.36
001597 ENVIRONMENTAL INNOVATION 125895 01/19/23 7,994.38 000202 FEDERAL EXPRESS 125896 01/19/23 111.26
003253 FIRST ALARM 125897 01/19/23 585.27
000984 FIRST AMERICAN TITLE COM 125898 01/19/23 500.00
000283 HOSE SHOP 125899 01/19/23 54.38
003266 INTERGRITY AUTOMOTIVE 125900 01/19/23 1,805.97
001992 KOSMONT COMPANIES, INC 125901 01/19/23 284.70
001243 LIEBERT CASSIDY WHITMORE 125902 01/19/23 489.50
001673 LINCOLN FINANCIAL GROUP 125903 01/19/23 1,429.37 003913 LONG/AMANDA 125904 01/19/23 326.40
000195 MESITI-MILLER ENGINEERIN 125905 01/19/23 6,370.50 005058 MULTIQUIP INC. (FILE 236 125906 01/19/23 1,174.87 005056 NEWT GARDEN LLC 125907 01/19/23 2,829.00
003493 NHA ADVISORS 125908 01/19/23 631.25
000101 PACIFIC GAS & ELECTRIC C 125909 01/19/23 381.47
003165 PHENOVA, INC 125910 01/19/23 358.75
004045 PHILLIP D NEUMAN 125911 01/19/23 5,280.39
000723 PIED PIPER INC./THE 125912 01/19/23 155.50
003503 PURETEC INDUSTRIAL WATER 125913 01/19/23 157.25
.15921 RICK GROSS 125914 01/19/23 543.00
000134 S.V. WATER DISTRICT 125915 01/19/23 4,801.87
001894 S.V. WATER DISTRICT - BU 125916 01/19/23 64.38
001364 SANTA CRUZ COUNTY 125917 01/19/23 21,781.60
003367 SANTA CRUZ LIVE SCAN, IN 125918 01/19/23 60.00
000319 SCOTTS VALLEY CAR WASH 125919 01/19/23 244.86
002

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
01/19/2023 19:44:55 Check Register
GL540R-V08.19 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT

BA GENERAL CHECKING ACCOUNT
000228 SOIL CONTROL LAB 125920 01/19/23 1,226.00
003928 SOUTH BAY REGIONAL PUBLI 125921 01/19/23 177.00
001085 SYCAL ENGINEERING INC 125922 01/19/23 4,021.55
002064 TRUCK SERVICES 125923 01/19/23 380.00
004030 U.S. BANK CORPORATE 125924 01/19/23 16,758.64
000151 VISION SERVICE PLAN 125925 01/19/23 1,197.00
003145 WAGE WORKS 125926 01/19/23 101.06
005018 WATSONVILLE DIESEL 125927 01/19/23 649.60
000154 WINCHESTER AUTO STORES 125928 01/19/23 164.56
001625 YOSHIDA DDS/NOREEN 125929 01/19/23 1,100.00
GENERAL CHECKING ACCOUNT 116,425.51 ***
003

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
01/19/2023 19:44:55 Check Register
GL540R-V08.19 PAGE 3
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 116,425.51
RECORDS PRINTED - 000177
004

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
01/19/2023 19:44:55 Check Register
GL060S-V08.19 RECAPPAGE

GL540R
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
001 GENERAL 75,211.95
002 RECYCLING/ENVIRONMENTAL 7,114.38
004 RECREATION 1,562.57
010 WASTEWATER OPERATIONS 17,197.82
011 TERTIARY TREATMENT PLANT 612.00
028 SENIOR CENTER 1,673.07
077 SKYPARK MAINT ASSESS DIST 123.22
088 LIBRARY FACILITIES-MEAS "S" 2,147.50
112 DENTAL INS INTERNAL SERV 1,523.40
123 COMMUNITY FACILITY CENTER 1,707.60
150 GENERAL CAPITAL IMPROVEMENTS 315.29
155 TRANSPORTATION FUNDS-MEAS D 6,370.50
312 POLICE - BUDGET ACT OF 2016 866.21
TOTAL ALL FUNDS 116,425.51
BANK RECAP:

BANK NAME DISBURSEMENTS
---- ----------------------------
BA GENERAL CHECKING ACCOUNT 116,425.51
TOTAL ALL BANKS 116,425.51
005

SCOTTS VALLEY ACCOUNTS PAYABLE CITY OF SCOTTS VALLEY
01/26/2023 13:52:15 Check Register GL050S-V08.19 COVERPAGE GL540R
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CITY OF SCOTTS VALLEY
01/26/2023 13:52:15 Check Register
GL540R-V08.19 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT

BA GENERAL CHECKING ACCOUNT
001840 A TOOL SHED, INC. 125930 01/26/23 421.87
001219 ALHAMBRA 125931 01/26/23 157.07
001219 ALHAMBRA 125932 01/26/23 132.28
003497 ALVAREZ INDUSTRIES, INC 125933 01/26/23 1,730.00 005029 ARCPOINT LABS OF MONTERE 125934 01/26/23 260.00
001670 AT &T 125935 01/26/23 486.87
000097 AT&T 125936 01/26/23 128.37
003746 AVENU HOLDINGS, LLC 125937 01/26/23 4,220.50
001593 BENEDICT DDS/NANNETTE 125938 01/26/23 366.40
000437 BRASS KEY LOCKSMITH 125939 01/26/23 6.57
003134 CRIME SCENE CLEANERS, IN 125940 01/26/23 108.00
000054 EWING IRRIGATION PRODUCT 125941 01/26/23 511.14
004037 FERGUSON ENTERPRISES, LL 125942 01/26/23 51.93
001881 GRAINGER 125943 01/26/23 204.49
000895 GRANITE CONSTRUCTION CO 125944 01/26/23 1,413.58 .15923 HEART TO HEARTS PIP 125945 01/26/23 175.00
001841 IDEXX LABORATORIES, INC. 125946 01/26/23 926.63
.15922 IPMBA 125947 01/26/23 75.00
001950 LEWIS TREE SERVICE INC 125948 01/26/23 9,561.20
001243 LIEBERT CASSIDY WHITMORE 125949 01/26/23 2,863.50 003403 MAR-KEN INTERNATIONAL PO 125950 01/26/23 260.00
000218 MID VALLEY SUPPLY 125951 01/26/23 413.64
000083 MISSION UNIFORM SERVICE 125952 01/26/23 525.04
000101 PACIFIC GAS & ELECTRIC C 125953 01/26/23 146.45
000101 PACIFIC GAS & ELECTRIC C 125954 01/26/23 51,293.65 000723 PIED PIPER INC./THE 125955 01/26/23 66.50
004070 QUAD KNOPF, INC. 125956 01/26/23 1,924.64
003928 SOUTH BAY REGIONAL PUBLI 125957 01/26/23 3,611.00 003973 THOMAS/TYLER 125958 01/26/23 321.44
003548 TORO PETROLEUM CORP 125959 01/26/23 9,314.44
001106 VERIZON WIRELESS 125960 01/26/23 179.98
003924 VIRTUAL PROJECT MANAGER 125961 01/26/23 1,000.00 005018 WATSONVILLE DIESEL 125962 01/26/23 2,237.81
005053 WENTWORTH/CODY 125963 01/26/23 338.59
000154 WINCHESTER AUTO STORES 125964 01/26/23 16.03
GENERAL CHECKING ACCOUNT 95,449.61 ***
007

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
01/26/2023 13:52:15 Check Register
GL540R-V08.19 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 95,449.61
RECORDS PRINTED - 000067
008

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
01/26/2023 13:52:15 Check Register
GL060S-V08.19 RECAPPAGE

GL540R
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
001 GENERAL 39,506.93
004 RECREATION 452.78
010 WASTEWATER OPERATIONS 46,745.55
011 TERTIARY TREATMENT PLANT 4,657.22
028 SENIOR CENTER 995.91
050 PINEWOOD EST LNDSCP MAINT DT 10.18
077 SKYPARK MAINT ASSESS DIST 30.54
112 DENTAL INS INTERNAL SERV 687.84
123 COMMUNITY FACILITY CENTER 438.02
268 PROP 68-PARKS/WATER BOND ACT 1,924.64
TOTAL ALL FUNDS 95,449.61
BANK RECAP:

BANK NAME DISBURSEMENTS
---- ----------------------------
BA GENERAL CHECKING ACCOUNT 95,449.61
TOTAL ALL BANKS 95,449.61
009

AGENDA ITEM C
DATE: 02-01-2023
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: February 1, 2023
TO: Honorable Mayor and City Council
FROM: Taylor Bateman, Community Development Director
APPROVED: Mali LaGoe, City Manager
SUBJECT: SECOND READING AND ADOPTION OF ORDINANCE NO. 16- ZC-232 TO CHANGE THE ZONING ON LOT 1 FROM SERVICE
COMMERCIAL (C-S) TO MEDIUM HIGH RESIDENTIAL (R-M6) AND 16-ZC-233 APPROVING A PLANNED DEVELOPMENT DISTRICT OVERLAY (PD18-002) FOR THE DEVELOPMENT OF

A MIXED-USE COMMERCIAL AND RESIDENTIAL
DEVELOPMENT WHICH INCLUDES 24,973 SF. OF
COMMERCIAL, EIGHT TOWNHOMES, AND 44 APARTMENTS,
ON A 3.56 ACRE PARCEL LOCATED AT THE INTERSECTION
OF MT. HERMON ROAD AND GLEN CANYON ROAD/APN 022-
162-76

SUMMARY OF ISSUE
On December 7, 2022 the City Council introduced Ordinance No. 16-ZC-232 to change the zoning on Lot 1 from Service Commercial (C-S) to Medium High Residential (R-M6) and 16-ZC-233 approving a Planned Development District overlay (PD18-002) for the development of a mixed-use commercial and residential development which includes 24,973 sf. Of commercial, eight townhomes, and 44 apartments, on a 3.56 acre parcel located at the intersection of Mt. Hermon Road and Glen Canyon Road/APN 022-162-76.

FISCAL IMPACT
This action does not create a fiscal impact.

RECOMMENDATION
It is recommended that the City Council adopt Ordinance No. 16-ZC-232 to change the zoning on Lot 1 from Service Commercial (C-S) to Medium High Residential (R-M-6) and Ordinance No. 16-ZC-233 approving a Planned Development District overlay (PD18-002) for the development of a mixed-use commercial and residential development which includes 24,973 sf. Of commercial, eight townhomes, and 44 apartments, on a 3.56 acre 001

AGENDA ITEM C
DATE: 02-01-2023
parcel located at the intersection of Mt. Hermon Road and Glen Canyon Road/APN 022- 162-76.

ATTACHMENTS PAGE
Ordinance No. 16-ZC-232 …………………………………………………………………….3
Ordinance No. 16-ZC-233 …………………………………………………………………….7
002
ORDINANCE NO. 16-ZC-232

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCOTTS
VALLEY APPROVING ZONE CHANGE NO. ZC18-001 CHANGING THE
ZONING ON LOT 1 FROM SERVICE COMMERCIAL (C-S) TO MEDIUM HIGH RESIDENTIAL (R-M-6) FOR A PROJECT LOCATED AT THE
INTERSECTION OF MT. HERMON ROAD AND GLEN CANYON
ROAD/APN 022-162-76
WHEREAS, the City of Scotts Valley has received an application from Granum Partners (referred to as the “applicant”) for “Oak Creek Park” project to: 1) subdivide the existing 155,350 sf parcel into two lots to allow a mixed-use commercial and residential development which includes 24,973 sf. of commercial, eight townhomes, and 44 apartments; 2) change the existing General Plan land use designation on Lot 1 from Service Commercial to Medium High Residential; 3) change the zoning on Lot 1 from Service Commercial (C-S) to Medium High Residential (R-M-6); 4) add a zoning overlay on Lot 1 Medium High Residential/Planned Development (R-M-6/PD) and Lot 2 Service Commercial/Planned Development (C-S/PD) to allow for exceptions to the zoning regulations and to allow tailored development standards to fit the needs of the project; and 5) approve Planned Development/ Design Review Permits to evaluate the architecture and related site improvements, on the subject site, located at the intersection of Mt. Hermon Road and Glen Canyon Road/APN 022-162-76 (the “Application”); and
WHEREAS, substantial evidence which supports the Application has been presented; and WHEREAS, the Application was reviewed for completeness and is determined to be a “project” as defined by the California Environmental Quality Act (CEQA); and, WHEREAS, the application is a “project” pursuant to the California Environmental Quality Act (“CEQA”), which requires the preparation and certification of an Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act (“CEQA”) and WHEREAS, the City selected Kimley-Horn and Associates, an independent environmental consultant (“consultant”) to prepare a Draft Environmental Impact Report (“Draft EIR”), paid for by the applicant; and
WHEREAS, the Consultant prepared a Draft EIR (State Clearinghouse # 2019110250) in accordance with the State CEQA Guidelines and requirements. The Draft EIR was duly noticed, published, and distributed for a 45-day public review period from October 11, 2021 to November 30, 2021 and was made available for public review at the Planning Department at City Hall; and
WHEREAS, the City’s Consultant prepared a duly noticed and published Final Environmental Impact Report (“Final EIR”) on June 9, 2022, that was distributed to public agencies that 003
commented on the Draft EIR, was made available at City Hall, Planning Department, the City’s website, and upon request at the Planning Department; and WHEREAS, the Planning Commission held a duly published and noticed public hearing on June 9, 2022, and September 8, 2022, pursuant to the requirements of the Scotts Valley Municipal Code and State Law, to review and consider the Final EIR and the requested planning permits (entitlements), take public testimony, and provide comments and recommendations to the City Council; and, after which, they recommended approval of the Final EIR and project to the City Council, subject to the recommended mitigation measures and amended conditions; and
WHEREAS, the City Council held a duly published and noticed public hearing on December 7, 2022, pursuant to the requirements of the Scotts Valley Municipal Code and State Law, to review and consider the Final EIR, the Application, and all other information in the record including, but not limited to, public testimony; and,
WHEREAS, the City Council certified the EIR for the project by adoption of Resolution No. 2020; and
WHEREAS, the City Council approved the General Plan Amendment for the project by adoption of Resolution No. 2020.1; and
WHEREAS, the City Council desires to amend the zoning for Lot 1 from C-S to R-M-6.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SCOTTS VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1: After careful consideration of the Application and related materials, plans, maps, facts, exhibits, staff report, testimony and other evidence submitted in this matter, and incorporated herein by this reference, the City Council approves Zone Change No. ZC18-001 to change the zoning on Lot 1 from Service Commercial (C-S) to Medium High Residential (RM-6) for a project located at the intersection of Mt. Hermon Road and Glen Canyon Road/APN 022-162-76, subject to the Zone Change Map in Exhibit A, attached hereto and incorporated herein based on the staff report dated December 7, 2022 and the following finding:

The change in the zoning district is consistent with the General Plan and the densities are compatible with adjacent uses and densities. The change in zoning on Lot 1 from C-S to R-M-6 is consistent with the General Plan because the General Plan designation was changed from Service Commercial to Medium Density Residential. The R-M-6 zoning is consistent with the new General Plan designation. The zoning density of R-M-6 is compatible with the housing development project to the northwest of the Project site. The property is slightly more dense than the residential uses, but the proposed residences are more than 100 feet from those residential uses and are screened by landscaping.

SECTION 2. SEVERABILITY. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof. 004
SECTION 3. REPEALS CONFLICTING ORDINANCES. All other ordinances of the City of Scotts Valley which are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 4. CEQA COMPLIANCE. The City Council approved a Final EIR for this project by Resolution No. 2020 on December 7, 2022.

SECTION 5. EFFECTIVE DATE. The above and foregoing ordinance was introduced for a first reading on December 7, 2022, and passed and adopted on February 1, 2023, at a duly held meeting of the City Council of the City of Scotts Valley by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

APPROVED:______________________________
Jack Dilles, Mayor
ATTEST: ________________________________
Cathie Simonovich, City Clerk

APPROVED
AS TO FORM: _____________________________
Kirsten Powell, City Attorney
005
Existing Zoning Classification Proposed Zoning Classification ¯ 0 250 500 Feet
11282022
Legend
Project Site (APN 022-162-76)
C-S: Commercial Service
R-M-6: Medium High Density
Zone Change Map
City Council Ordinance No. 16-ZC-232
Exhibit A
006
ORDINANCE NO. 16-ZC-233

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCOTTS

VALLEY APPROVING A PLANNED DEVELOPMENT DISTRICT
OVERLAY (PD18-002) FOR THE DEVELOPMENT OF A MIXED-USE

COMMERCIAL AND RESIDENTIAL DEVELOPMENT WHICH
INCLUDES 24,973 SF. OF COMMERCIAL, EIGHT TOWNHOMES, AND 44 APARTMENTS, ON A 3.56 ACRE PARCEL LOCATED AT THE
INTERSECTION OF MT. HERMON ROAD AND GLEN CANYON
ROAD/APN 022-162-76
WHEREAS, the City of Scotts Valley has received an application from Granum Partners (referred to as the “applicant”) for “Oak Creek Park” project to: 1) subdivide the existing 155,350 sf parcel into two lots to allow a mixed-use commercial and residential development which includes 24,973 sf. of commercial, eight townhomes, and 44 apartments; 2) change the existing General Plan land use designation on Lot 1 from Service Commercial to Medium High Residential; 3) change the zoning on Lot 1 from Service Commercial (C-S) to Medium High Residential (R-M-6); 4) add a zoning overlay on Lot 1 Medium High Residential/Planned Development (R-M-6/PD) and Lot 2 Service Commercial/Planned Development (C-S/PD) to allow for exceptions to the zoning regulations and to allow tailored development standards to fit the needs of the project; and 5) approve Planned Development/ Design Review Permits to evaluate the architecture and related site improvements, on the subject site, located at the intersection of Mt. Hermon Road and Glen Canyon Road/APN 022-162-76 (the “Application”); and WHEREAS, the applicant has presented substantial evidence which supports the Application; and
WHEREAS, the Application is a “project” pursuant to the California Environmental Quality Act (“CEQA”), which requires the preparation and certification of an Environmental Impact Report in accordance with the requirements of the California Environmental Quality Act (“CEQA”) and
WHEREAS, the City selected Kimley-Horn and Associates, an independent environmental consultant (“consultant”) to prepare a Draft Environmental Impact Report (“Draft EIR”), paid for by the applicant; and
WHEREAS, the Consultant prepared a Draft EIR (State Clearinghouse # 2019110250) in accordance with the State CEQA Guidelines and requirements. The Draft EIR was duly noticed, published, and distributed for a 45-day public review period from October 11, 2021 to November 30, 2021 and was made available for public review at the Planning Department at City Hall; and
WHEREAS, the City’s Consultant prepared a duly noticed and published Final Environmental Impact Report (Final EIR) on June 9, 2022, that was distributed to public 007
agencies that commented on the Draft EIR, was made available at City Hall, Planning Department, the City’s website, and upon request at the Planning Department; and WHEREAS, the Planning Commission held a duly published and noticed public hearing on June 9, 2022, and September 8, 2022, pursuant to the requirements of the Scotts Valley Municipal Code and State Law, to review and consider the Final EIR and the requested planning permits (entitlements), take public testimony, and provide comments and recommendations to the City Council; and, after which, they recommended approval of the Final EIR and project to the City Council, subject to the recommended mitigation measures and amended conditions; and
WHEREAS, the City Council held a duly published and noticed public hearing on December 9, 2022, pursuant to the requirements of the Scotts Valley Municipal Code and State Law, to review and consider the Final EIR, the entitlements, and all other information in the record including, but not limited to, public testimony; and, WHEREAS, the City Council certified the Final EIR for the project by adoption of Resolution No. 2020; and
WHEREAS, the City Council desires to approve the Planned Development District Overlay.

NOW, THEREFORE, THE COUNCIL OF THE CITY OF SCOTTS VALLEY DOES ORDAIN AS FOLLOWS:

SECTION 1. After careful consideration of the application and related materials, plans, maps, facts, exhibits, staff report, testimony and other evidence submitted in this matter, and incorporated herein by this reference, the City Council approves Planned Development District (PD18-002) for the development of a mixed-use commercial and residential development which includes 24,973 sf. of commercial, eight townhomes, and 44 apartments, on a 3.56 acre parcel located at the intersection of Mt. Hermon Road and Glen Canyon Road/APN 022-162-76, subject to the Planned Development Map in Exhibit A, attached hereto and incorporated herein based on the following, as further clarified in the staff report dated December 7, 2022:

1. The proposed Planned Development and Planned Development Permit is consistent with the underlying zoning designation of the City of Scotts Valley General Plan. The proposed project is consistent with the land uses prescribed in the Commercial Service and Medium High Density Residential categories of the General Plan. The project is consistent with the purpose and intent of the Commercial Service and R-M-6 land use designation, which allow residential and mixed-use development. The proposed zoning would be R-M-6/Planned Development (R-M-6/PD) for Lot 1 and Service Commercial/Planned Development (C-S/PD) for Lot 2. In addition, the proposed project is consistent with many goals and objectives of the General Plan, including LP-3, The City shall promote the availability of adequate sites for a variety of housing types and densities consistent 008
with Housing Element goals and environmental constraints; LA-5 The City shall redesignate, as appropriate, non-residential land uses for residential use to meet the identified housing demand if the report of the Planning Director so justifies it; LP28 The City shall promote availability of commercial sites to accommodate a mix of professional office, service commercial, and shopping center developments consistent with the environmental, service, and economics goals of the City; LP33 Commercial developments shall be designed and screened in an attractive manner and thereafter maintained so as to integrate the entire development visually with the overall natural beauty of the Planning Area; LO-37 Ensure compatibility between commercial developments and surrounding land uses; and LP-45 Commercial land uses should be concentrated along the urban core of the City. The project is consistent with these General Plan policies in that it includes a General Plan Amendment to re-designate Lot 1 from Service Commercial to Medium High Residential. Residential development on this site expands and improves the City’s housing supply by developing high-quality housing on a Citydesignated “opportunity site,” and will provide affordable and market-rate housing.

The mixed use development on Lot 2 includes 24,973 sf of commercial space located on a busy commercial corridor, which is consistent with the economic goals and policies of the General Plan The commercial space is integrated into the overall development as well as compatible with the surrounding land uses.

SECTION 3. REPEALS CONFLICTING ORDINANCES. All other ordinances of the City of Scotts Valley which are in conflict with this Ordinance are hereby repealed to the extent of such conflict.

SECTION 4. CEQA COMPLIANCE. The City Council approved a Final EIR for this project by Resolution No. 2020 on December 7, 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
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APPROVED:______________________________
Jack Dilles, Mayor
ATTEST: ________________________________
Cathie Simonovich, City Clerk

APPROVED
AS TO FORM: _____________________________
Kirsten Powell, City Attorney
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Oakcreek Park Planned Development (APN 022-162-76)
¯ 0 250 500 Feet
11282022
Legend
Planned Development (PD)
Planned Development Map
City Council Ordinance No. 16-ZC-233
Exhibit A
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Scotts Valley City CouncilFebruary 1, 2023

Scotts Valley City Council
February 1, 2023