Scotts Valley City Council
June 21, 2023

RESOLUTION NO. 1997

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS

VALLEY APPROVING THE MITIGATED NEGATIVE DECLARATION

FOR A TEN-LOT SUBDIVISION IN THE HIGH DENSITY

RESIDENTIAL GENERAL PLAN AND ZONING DISTRICT FOR TEN

UNITS (SIX DETACHED SINGLE-FAMILY DWELLINGS AND TWO

ATTACHED DUET/ DUPLEXES), AND RELATED SITE
IMPROVEMENTS ON A 1.04-ACRE SITE LOCATED AT ERBA LANE
(NO SITUS) / APNS 22-481-18 AND 22.

WHEREAS, the Planning Department of the City of Scotts Valley has received applications filed by Charlie Eadie, Eadie Consultants, applicant for Larry Abitbol, SV Housing LLC, owner, for the “Bay Village Planned Development” consisting of a ten lot subdivision for ten units (six detached single-family dwellings and two attached duet/ duplexes), and related site improvements on a 1.04-acre site located at Erba Lane (no situs); and, (collectively referred to as “Application”); and, WHEREAS, Charlie Eadie, Eadie Consultants, applicant for Larry Abitbol, SV Housing LLC, owner, (referred to as “applicant”) has presented substantial evidence which supports the application; 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, a Mitigated Negative Declaration has been prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA); and WHEREAS, the project is determined to not have a significant impact on the environment based upon the results of the initial study; and WHEREAS, the Planning Commission held a public hearing on May 13, 2021 to consider the application and after consideration of public testimony, the staff report and evidence submitted to support the Application, the Planning Commission recommended approval of the Application to the City Council; and
WHEREAS, a public hearing on the proposed project was held by the City Council on June 16, 2021, and such hearing was noticed pursuant to the requirements of the Scotts Valley Municipal Code and State Law.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scotts Valley as follows:

DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

SECTION 1: The City Council of the City of Scotts Valley does hereby make the following findings, as further clarified in the staff report dated June 16, 2021:

1. An initial study has been prepared by the City of Scotts Valley to evaluate the potential for adverse environmental impacts. City consultant conducted an Initial Study for the project and prepared a Mitigated Negative Declaration and determined that there were no potentially significant adverse environmental impacts, and the project will not degrade the quality of the environment, plant or wildlife resources with the implementation of identified standard conditions of approval.

2. The Mitigated Negative Declaration for the project has been completed in compliance with the California Environmental Quality Act (CEQA). The Mitigated Negative Declaration was completed in compliance with CEQA, was published and distributed to the applicable agencies, and was made available for public review for a 30-day period from March 30, 2021 to April 30, 2021.

3. The environmental determination represents the independent judgment of the City. The Mitigated Negative Declaration was prepared by City consultant.

All reports and supporting information have been reviewed and approved by the applicable City Department Heads.

4. The documents and other materials constituting the record of the proceedings upon which the City’s decision and its findings are based will be located at the Department of Planning of the City of Scotts Valley in the custody of the Community Development Director. Copies of the Mitigated Negative Declaration and the referenced technical and/or environmental studies that were submitted for the project have been made available to the public on the City’s website.

5. Based on the Initial Study and when considering the record as a whole, there is no evidence before the City of Scotts Valley, including the information in the Mitigated Negative Declaration and comments of appropriate reviewing agencies, to indicate that the proposed project could have any potential for an adverse effect on fish and wildlife resources or the habitat upon which it depends. A Biological Assessment was prepared for the project site (Biotic Resources Group, May 31, 2019), and an Addendum to the Biological Assessment was prepared based on the revised site plan which represents the proposed project (Biotic Resources Group, May 31, 2020). Similarly, a Preliminary Tree Inventory & Assessment was prepared for the previous site plan in November 2017 (Kurt Fouts,11/30/2017). A Preliminary Arborists Report, Preliminary Tree Inventory and Assessment (the Revised Arborists Report) was prepared based on the revised site plan (Kurt Fouts, March 27, 2020 and Appendix C dated 4/29/20). With the implementation of the City’s standard conditions of approval and the implementation of three biological mitigation measures (MM BIO-1, MM BIO-2, and MM BIO-3) impacts DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

associated with vegetation, riparian woodland, wildlife, nesting birds, and other biological resources would be reduced to a less than significant level. Therefore, the project will not result in any adverse impacts to fish and wildlife habitat or other resources.

NOW THEREFORE, BE IT FURTHER RESOLVED that, 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 the Mitigated Negative Declaration for the for the “Bay Village Planned Development” for a ten-lot subdivision for the construction of ten units (six detached single-family dwellings and two attached duet/ duplexes), and related site improvements on a 1.04-acre site located at Erba Lane (no situs) / APNs 22-481-18 and 22, subject to the Project Plans and the Mitigation Monitoring Reporting Program (Exhibit A) which are attached hereto and incorporated herein by this reference.

THE ABOVE AND FOREGOING RESOLUTION was duly and regularly passed by the City Council of the City of Scotts Valley at a meeting held on the 16th day of June 2021, by the following vote:

AYES: DILLES, JOHNSON, LIND, REED, TIMM
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
APPROVED:
________________________________
Derek Timm, Mayor
ATTEST:
________________________________
Tracy A. Ferrara, City Clerk
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Exhibit A - Mitigation Monitoring and Reporting Plan
Bay Village Planned Development ND20-001
MMRP Page 1 Bay Village Planned Development
EnvironmentalImpact Mitigation Measures Responsible Entity Timing Biological Resources
Biological Resources: Oak
Riparian Woodland Mitigation Measure BIO-1: Oak Riparian Woodland - Project Construction. The project applicant shall demonstrate to the satisfaction of the City compliance with the following:

1.1 The outer edge of the riparian setback area should be demarcated by the placement of six-foot high plastic
construction fencing (during the construction period) and a permanent six-foot high fence (after construction). The fence should have an opening to allow access to the existing pathway that crosses the intermittent drainage channel. Fencing should be placed along the outside edge of the dripline of the tree or grove of trees. The construction fencing should be maintained in a functional manner throughout the site construction period and should be inspected periodically by the contractor and City of Scotts Valley personnel for damage and proper functioning. No equipment staging, vehicle parking or other activities shall occur within the protected riparian area.

1.2 To minimize sediments entering the intermittent creek, the project should implement best management practices, including:
 Conduct construction activities within 20 feet of the riparian woodland during the dry season;
 Incorporate measures to filter and entrap pollutants prior to their discharge into the creek or other downstream drainage features that lead to Carbonera Creek.
 Stabilize disturbed soils to minimize erosion and sediment input to the creek;
 Implement erosion control measures to prevent sediment from entering the creek channel, including the use of silt fencing or fiber rolls to trap sediments;
 Conduct erosion control seeding of all disturbed areas as soon as practicable after disturbance following
construction;
 Monitor the effectiveness of the erosion control measures during the first year’s rainy season and implement remedial measures (e.g., reseeding, repair of silt fencing) if
sedimentation or erosion is noted.

Project applicant and
qualified biologist
Prior to project
construction
activities on the
site
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Exhibit A - Mitigation Monitoring and Reporting Plan
Bay Village Planned Development ND20-001
MMRP Page 2 Bay Village Planned Development
EnvironmentalImpact Mitigation Measures Responsible Entity Timing Biological Resources
Biological Resources: Oak
Riparian Woodland Mitigation Measure BIO-2: Oak Riparian Woodland PostConstruction: The project applicant shall demonstrate to the satisfaction of the City compliance with the following:

2.1 All lighting features shall be directed away from the oak riparian woodland, such that the woodland is not illuminated.

Homeowners/tenants shall not be allowed to install night lighting that illuminates the riparian woodland.

2.2 Future landowners/tenants should not utilize invasive, non-native plant species for landscaping. Plant species that should not be used on the property include all plants recognized as exotic pest plants by Cal-IPC (see Exotic Pest Plants of Greatest Ecological Concern in California, www.cal-ipc.org). This list includes: all brooms (i.e., French broom, Spanish broom and Scotch broom), periwinkle (Vinca sp.), Cape (or German) ivy, English ivy, Algerian ivy, acacia (all kinds), eucalyptus (all kinds), all pines, cotoneaster, and pyracantha. If evidence of the fungus responsible for Sudden Oak Death (Phytophthora sp.) is detected on the property, the homeowners should implement measures to prevent/control the spread of this fungus both on and off-site. The homeowners should be responsible for implementing the most current disease-preventing measures for the use, storage and/or transporting of oak firewood as a means of minimizing the spread of the disease within the City, the County and the State of California. Preventative and treatment measures should also be implemented as recommended. Current information on this disease and recommended treatments is available through the California Oak Mortality Task Force, University of California Cooperative Extension, Sudden Oak Death website
(http://cemarin.ucdavis.edu).

Project applicant and
qualified biologist
Prior to project
construction
activities on the
site
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Exhibit A - Mitigation Monitoring and Reporting Plan
Bay Village Planned Development ND20-001
MMRP Page 3 Bay Village Planned Development
EnvironmentalImpact Mitigation Measures Responsible Entity Timing Biological Resources
Biological Resources: Impacts to
special status wildlife and nesting
birds
Mitigation Measure BIO-3: Special status wildlife and
nesting birds: The project applicant shall demonstrate to the satisfaction of the City compliance with the following:

3.1 The landowner shall hire a qualified biologist to
search for San Francisco dusky-footed woodrat nests. If any are found and impacts to the nests cannot be avoided, the applicant shall seek written approval from CDFW to
implement a trapping and relocation program. Wood rat nests shall not be disturbed without prior written approval from CDFW.

3.2 If construction is scheduled to begin between March 1 and August 15 of any given year, the landowner shall hire a qualified biologist to conduct a search for active bird nests in the vicinity of the work site (following CDFW survey protocols). If active bird nests are observed, the work shall be postponed until the biologist determines that all chicks have fledge the nest(s).

Project applicant and
qualified biologist
Prior to project
construction
activities on the
site
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

RESOLUTION NO. 1997.1

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS
VALLEY APPROVING A LAND DIVISION (LD19-001) FOR THE “BAY VILLAGE PLANNED DEVELOPMENT” IN THE HIGH DENSITY

RESIDENTIAL GENERAL PLAN AND ZONING DISTRICT FOR TEN

UNITS (SIX DETACHED SINGLE-FAMILY DWELLINGS AND TWO

ATTACHED DUET/ DUPLEXES), AND RELATED SITE IMPROVEMENTS ON A 1.04-ACRE SITE LOCATED AT ERBA LANE (NO SITUS) / APNS 22-481-18 AND 22.

WHEREAS, the Planning Department of the City of Scotts Valley has received the application filed by Charlie Eadie, Eadie Consultants, applicant for Larry Abitbol, SV Housing LLC, owner, for a Land Division (LD19-001) for a ten-lot subdivision for ten units (six detached single-family dwellings and two attached duet/ duplexes), and related site improvements of a 1.04 acre site located at Erba Lane (no situs) (collectively referred to as “Application”); and,
WHEREAS, Charlie Eadie, Eadie Consultants, applicant for Larry Abitbol, SV Housing LLC, owner, (referred to as “applicant”) has presented substantial evidence which supports the Application; 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, a Mitigated Negative Declaration has been prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA); and WHEREAS, the project is determined to not have a significant impact on the environment based upon the results of the initial study; and
WHEREAS, the Planning Commission held a public hearing on May 13, 2021, to consider the Application and after consideration of public testimony, the staff report and evidence submitted to support the Application, the Planning Commission recommended approval of the Application to the City Council; and
WHEREAS, a public hearing on the proposed project was held by the City Council on June 16, 2021, and such hearing was noticed pursuant to the requirements of the Scotts Valley Municipal Code and State Law; and
WHEREAS, the City Council certified the Mitigated Negative Declaration for the project by adoption of Resolution No. 1997; and
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

WHEREAS, the City Council approved the Planned Development Overlay for the project by Adoption of Ordinance No. 16-ZC-230.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scotts Valley as follows:

SECTION 1: The City Council of the City of Scotts Valley does hereby make the following Land Division findings, as further clarified in the staff report dated June 16, 2021:

1. That the location of the uses is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located. The project meets the requirements of this finding in that the project provides ten new single-family dwellings in the R-H, High Density Residential Zoning District. The homes utilize conventional materials and design details that integrate into the surrounding residential neighborhood.

2. That the proposed tentative map/land division, together with the provisions for its design and improvement, is consistent with the General Plan. The project meets the requirements of this finding in that the ten-lot residential development on the 1.04-acre site is consistent with the General Plan High Density Residential density range. The subdivision design and the related property improvements create ten new single-family dwellings with attached two-car garages, private yard spaces for each new home and establishes an homeowner’s association to share in the maintenance of common driveways landscaping and the oak riparian woodland area, retaining walls and stormwater infrastructure. The project as proposed and conditioned is consistent with goals and objectives of the General Plan.

3. That the project site is physically suitable for the density of the land division.

The project meets the requirement of this finding in that the 1.04-acre site is sufficient in size to accommodate the ten-lot subdivision and related improvements including two-car garages and private yard areas for each unit. The ten-lot subdivision is consistent with both the General Plan and Zoning density ranges.

Public services are available, and utilities are of adequate capacity to accommodate the project.

4. That the design of the land division or the proposed improvements are not likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat. The project meets the requirements of this finding in that the MND determined that there were no potentially significant adverse environmental impacts, and the project will not degrade the quality of the environment or impact fish wildlife or habitat with the implementation of three mitigation measures and identified standard conditions of approval.

5. That the design of the land division or the type of improvements is not likely to cause serious public health problems. The project will not generate hazardous emissions nor be a storage facility for hazardous/ combustible materials. During project grading and construction, to reduce dust generation to minimal levels and to prevent sedimentation and discharge of contaminants off- site, standard conditions of approval require the grading and construction contractors to implement best management practices (BMPs). The MND evaluated that the project is not expected to cause serious public health problems.

DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

6. That the design of the land division will not conflict with easements acquired by the public at large (for access through or use of property within the land division). The project meets the requirement of this finding in that there are no conflicts with easements known to affect the project site. A common lot provides a private access road and utilities and maintenance easement benefitting the ten lots.

A road easement and maintenance agreement are required for access to seven of the homes the from a new 24” wide private road. A public access easement is required on the new private road to MacDorsa Park from Erba Lane for pedestrians.

There is no plan in place to provide access at this time, the easement will allow for access at a future date and such access will require additional review and approval by the City. The Public Works Department has reviewed the project and recommended approval subject to conditions.

NOW THEREFORE, BE IT FURTHER RESOLVED that, 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 Land Division, LD19-001, for a ten-lot subdivision for ten units (six detached single-family dwellings and two attached duet/ duplexes), and related site improvements of a 1.04 acre site located at Erba Lane (no situs), subject to the Conditions of Approval set forth in Exhibit A, which is incorporated herein by this reference.

THE ABOVE AND FOREGOING RESOLUTION was duly and regularly passed by the City Council of the City of Scotts Valley at a meeting held on the 16th day of June 2021, by the following vote:

AYES: DILLES, JOHNSON, LIND, REED, TIMM
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
APPROVED:
_____________________________________
Derek Timm, Mayor
ATTEST:
________________________________
Tracy A. Ferrara, City Clerk
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 1 of 17
Exhibit A
Legal

1. The developer has agreed to and shall defend, indemnify and hold harmless the City of Scotts Valley, its officers, agents and employees from any claim, action or proceeding against the City or its officers, agents or employees to attach, set aside, void or annul any action of the City in connection with approvals under the California Environmental Quality Act or with respect to approval of the project, which action is brought within the time period(s) prescribed by law. The City shall promptly notify the developer of any such claim, action or proceeding and shall fully cooperate in defense.

2. After City Council action of the project the developer/applicant shall sign the Conditions of Approval agreeing to the Conditions of Approval prior to issuance of any grading/building permits, transfer of title, or within 30 days of approval of these planning permits, whichever occurs first.

3. The developer shall obtain all required demolition, grading, improvement plans, and building permits and pay all required development and impact fees before starting any grading/earth disturbance or construction on the property.

Planning Department

4. The approved planning permits include a Mitigated Negative Declaration, Planned Development Overlay and Permit, Land Division, and Design Review for a ten-lot subdivision, to construct ten single-family dwellings and related site improvements on a 1.04-acre site located at Erba Lane. The two-story, single-family dwellings and site improvements shall be constructed substantially as shown in the plans prepared by David B. Zulim, received 9/10/20 and 12/17/20 and Gregory Lewis, Landscape Designer, dated September 8, 2020, and as described in writing on the project’s technical reports, which are on file in the Planning Department.

5. All site improvements shall be in conformance with the plans stamped approved, unless otherwise conditioned in this Exhibit to the satisfaction of the Community Development Director (CDD) and City.

6. Any future changes to the approved plans that the developer and/or other reviewing agencies initiate and/or propose, shall require prior review and approval by the CDD/City and CDD confirmation regarding the level of DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 2 of 17
environmental review and planning permits. As determined by the CDD, minor changes may be approved by the CDD while major changes may require review and approval by the Planning Commission and/or City Council, paid by the developer.

7. Prior to removal of trees or a grading permit issuance submit a mitigation and monitoring compliance fee deposit for ten hours of staff time at the current hourly rate. Any unused deposit fee will be refunded prior to final inspection.

8. To ensure that the Mitigation and Monitoring measures are communicated and complied with a preconstruction meeting shall be conducted prior to the start of any construction and the following shall attend: the developer, grading contractor supervisor, project planner, Building Official, Public Works Director, project biologist and arborist, with exception of installing temporary construction fencing demarcating the disturbance area, siltation and tree protection fencing. Temporary construction protective measures and tree protection fencing shall be installed prior to the meeting and inspected at that time by the biologist and arborist. Provide an attendance list to the project planner.

Cultural Resources
Archaeological Resources

9. The developer shall submit a copy of a contract with a qualified/registered archaeologist to conduct monitoring of all earth disturbing activities and inspections for review and approval by the Community Development Director, before grading permit issuance. The developer shall include this requirement in the contract forall contractors involved with grading and subsurface work. The qualified/registered archaeologist shall monitor all earthwork activity as described below.
a. An archaeologist shall monitor the grading or excavation of soils at the development site in order to determine if important cultural remains are present. Such monitoring shall begin before and occur during subsurface earth moving activities.
b. The duration and period of archaeological monitoring of project development activities shall be at the discretion of the professional archaeologist. At a minimum, however, any activity that initially displaces or removes original soil from its present context shall be monitored by an archaeologist on a continuous basis.

DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 3 of 17
c. Monitoring activities such as replacing soils in trenches, redistributing displaced soil elsewhere on the development site, or removing stockpiled excavated soil may not require monitoring.
d. Monitoring may include the periodic sampling and screening of soils in order to better determine if cultural remains are present.

10. If any cultural resources are discovered, the project contractor shall immediately stop all earth disturbing work within a 150-foot radius of the discovery to allow for inspection, evaluation, and potential recovery of resources by the supervising project archaeologist, before resuming any earth-disturbing construction activities.

The developer shall also contact the Planning Department and Building Official as soon as work has been stopped. It may be necessary to resume grading or excavation activities under the direction of the supervising archaeologist in order to locate or expose cultural remains.

11. If human remains are unexpectedly encountered during project grading the actions required as identified in the previous condition shall be implemented to effectively preserve any human remains until the Santa Cruz County Coroner determines the appropriate course of action concerning the treatment and disposition of the human remains pursuant to the California Health and Safety Code Section 7050.5(b).

Paleontological Resources

12. Provide the project paleontologist with a copy of the final grading plans for review prior to any project grading.

13. Provide for daily monitoring during grading activities by the project paleontologist to determine if paleontological resources are encountered in excavated areas.

14. Allow for the recovery of any discovered paleontological resources according to a recovery plan/method specified by the project paleontologist, including the donation of the recovered resources to a suitable repository (museum, school, etc.).

15. If recovery occurs, ensure that the project paleontologist prepare a recovery report that details the type of resources recovered and the repository locations where they were taken.

16. Specify in the construction contract with the project grading contractor(s), that grading personnel are to cooperate with and assist the project paleontologist DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 4 of 17
during monitoring and any recovery activities, including assisting with recovery efforts if necessary.

17. The applicant and construction contractor shall ensure that paleontological resources are not destroyed during project grading.

18. The developer shall submit a copy of a contract with a qualified/registered paleontologist to conduct monitoring of all earth disturbing activities for review and approval by the Community Development Director, before grading permit issuance.

The developer shall include this requirement in the contract forall contractors involved with grading and subsurface work.

19. The qualified/registered paleontologist shall monitor all earthwork activity as described in conditions 12-24, below.

20. The applicant/contractor shall provide the project paleontologist with a copy of the final grading plans for review prior to any projectgrading.

21. Provide for daily monitoring during grading activities by the project paleontologist to determine if paleontological resources are encountered in excavated areas.

22. Allow for the recovery of any discovered paleontological resources according to a recovery plan/method specified by the project paleontologist, including the donation of the recovered resources to a suitable repository (museum, school, etc.).

23. If recovery occurs, ensure that the project paleontologist prepare a recovery report that details the type of resources recovered and the repository locations where they were taken.

24. Specify in the construction contract with the project grading contractor(s), that grading personnel are to cooperate with and assist the project paleontologist during monitoring and any recovery activities, including assisting with recovery efforts if necessary.

Fences and Walls

25. All fence and retaining wall design details shall be included on plans submitted for building permit and subject to Planning Department review and approval, prior to issuance of a building permits
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 5 of 17
Trees
Standard

26. All recommendations in the Arborist Report Preliminary Tree Inventory & Assessment was prepared for the previous site plan in November 2017 (Kurt Fouts, 11/30/2017). A Preliminary Arborists Report, Preliminary Tree Inventory and Assessment (the Revised Arborists Report) was prepared in March 2020 based on the revised site plan (Kurt Fouts, March 27, 2020) are incorporated as conditions of project approval. This report includes an exhibit (grading plan) showing replacement tree locations.

27. Tree removal shall not occur until a grading or building permit has been issued for the project.

28. The final grading plans and improvement plans shall be reviewed and approved by the project Arborist prior to any grading and if deemed necessary additional tree preservation measures shall be applied to the project.

29. The project arborist shall place a monetary value on trees preserved on development sites and a surety bond in an amount equal to the value of the preserved trees shall be deposited with the city prior to issuance of a grading/building permit for the project. If damage occurs to the preserved trees during development and/or construction, funds will be drawn from the deposited amount. Funds remaining in the account will be returned to the applicant upon final inspection of the project.

30. During the pre-construction phase of development, the project arborist shall inspect tree protection fencing and the completion of pre-construction treatments.

This inspection shall be completed prior to the issuance of any grading or building permits

31. The project arborist shall routinely inspect the development site through the term of the project.

32. Upon completion of construction activities, the project arborist shall submit written documentation stating that all recommended tree preservation measures have been completed prior to Building Permit final for the project.

33. The cost of the project arborist review and implementation of conditions, site inspection and related work shall be borne by the applicant.

34. The project developer shall place a surety bond in an amount equal to the value DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 6 of 17
of the preserved trees as shown in the project Arborist Report. The surety bond shall be deposited with the city prior to issuance of a grading/building permit for the project. The monetary value shall be reviewed and approved by the CDD. If damage occurs to the preserved trees during development and/or construction, funds will be drawn from the deposited amount. Funds remaining in the account will be returned to the developer upon final inspection of the project.

Project Specific

35. The arborists recommendations for tree preservation shall be printed on the demolition, grading and construction drawings including: “1) After grading stakes are placed, the project arborist, the grading equipment operator and the tree service company shall meet to review the extent of pruning required to achieve clearance from grading operations; 2) Plant 4 15-gallon cost live oak replacement trees as mitigation for the removal of four coast live oak trees, T39 and T40, in the locations recommend on the grading exhibit; 3) If either T35 or T38 requires removal plant two 15-gallon coast live oak for each tree removed, in the location identified on the attached grading exhibit. Once final plan sets are complete, a tree protection plan, containing tree protection specifications will be required. T

36. The arborist shall monitor and observe hand grading and trenching near the protected trees.

37. If any protection is removed, the arborist shall verify that the fencing and other tree protection measures were correctly reinstalled. The arborist report included a sign to show the tree protection zone, this sign(s) should remain posted in a visible location during construction.

38. Provide a copy of a contract for services for the Community Development Department Director review and approval prior to issuance of a demolition or grading permit.

Landscaping
Standard

39. The landscaping improvements shall be permanently maintained and irrigated.

40. The materials and locations of the landscape retaining walls shall be approved by the Community Development Director prior to issuance of grading or building permit.

41. Landscaping shall comply with State of California Government Code Section DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 7 of 17
65596 Water Conservation in Landscaping and associated Model Water Efficient Landscaping Ordinance for landscaping equal or greater than 2,500 square feet.

If not applicable the project is required to be consistent with the City Water Conservation Ordinance.

Project Specific

42. The arborists recommended tree replacement locations shown on the exhibit dated 4/29/20, (grading plan) attached to the arborist report, dated 3/27/20, shall be included in the final landscape drawings to be approved by the Community Development Department Director.

43. A final landscape and irrigation plan shall be submitted and shall include the name, number, size, and location for all planting materials, trees and ground covers and tree replacement locations shall be approved by the Community Development Director prior to issuance of grading or building permits.

44. Landscape plans submitted to the City shall include a minimum of four replacement trees. If additional trees are required to be removed or are damaged due to construction impacts, these trees shall also require replacement at a 2:1 ratio prior to occupancy and as part of the landscaper’s warranty. All new tree species shall be selected in consultation with the project arborist, based on the specific tree location, soil type, and water and solar needs.

Lighting

45. All exterior lighting shall be the minimum necessary for security and all lighting shall be down shining with the light source not directly visible from adjacent properties. Where deemed necessary by the Community Development Director light cutoffs/shields shall be installed.

CC&R’s

46. CC&R’s for the ongoing management and maintenance of the site improvements including perimeter fencing, on-site stormwater facilities, landscaping, driveways, retaining walls, and any other shared facilities, for the project shall be approved by the City and executed by the property owner prior to the approval of the final map. The CC&R’s shall be recorded prior to building permit final, or the sale or lease of the first unit or within 30 days of the final map recording, whichever comes first. The property owner shall pay recording costs.

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Joint Maintenance Agreement

47. Applicant shall provide a Joint Landscape Maintenance Agreement for review and approval by the Community Development Director and Public Works Director for the maintenance of off-site landscaping prior to approval of the Final Map.

48. The curbs along the private ace road and the emergency vehicle turnaround shall be painted red indicating no parking except for emergency vehicles and no parking signs installed pursuant to Fire Department standards. This condition shall be included in the CCRs.

Affordable Housing

49. Before a Final Map is recorded, the developer shall enter into an Affordable Housing Agreement with the City. The Agreement shall include either one of the two following options as mutually agreed upon by the City and the developer. In the event City staff and the developer cannot agree on the option, the City Council shall be the final decision maker on the appropriate option.

Option #1 would require one low-income unit and one-moderate income unit to be provided. These two units would be 3-bedroom rental units. There would be no in-lieu fee required because the applicant will be providing 2 units rather than the 1 required unit.

Option #2 would require the provision of one 3-bedroom low-income unit. The in-lieu fee would be used to subsidize the difference between the affordable sales price of a moderate-income unit and the affordable sales price of a lowincome unit. In the event the in-lieu payment is more than the price differential, the excess funds shall be paid to the City as the project’s in-lieu fee contribution.

In the event the in-lieu payment is less than the price differential, the developer shall be responsible for the shortfall to provide a low-income unit.

Public Access Easement

50. To provide for public access to MacDorsa Park from Erba Lane a public access easement is required over Lot A private access road. The City Attorney shall review and approve the public access easement prior to approval of the final map and it shall be recorded concurrently

51. If a future owner would like to make improvements in their rear yard resulting in a greater lot coverage than 55%, this can be allowed with the review and approval of the Director of the Community Development Department.

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Public Art

52. The proposed public art will be a custom Bay Photo design mural located on the face of the retaining wall of Lot 10 and Erba Lane. It will be approximately ten feet wide by four feet high and made of metal. The Community Development Director will review and approve the final design.

53. Mitigation Measure BIO-1: Oak Riparian Woodland - Project Construction.

Prior to project construction activities on the site, the project applicant and a qualified biologist shall demonstrate to the satisfaction of the City compliance with the following:

1.1 The outer edge of the riparian setback area should be demarcated by the placement of six-foot high plastic construction fencing (during the construction period) and a permanent six-foot high fence (after construction). The fence should have an opening to allow access to the existing pathway that crosses the intermittent drainage channel. Fencing should be placed along the outside edge of the dripline of the tree or grove of trees. The construction fencing should be maintained in a functional manner throughout the site construction period and should be inspected periodically by the contractor and City of Scotts Valley personnel for damage and proper functioning. No equipment staging, vehicle parking or other activities shall occur within the protected riparian area.

1.2 To minimize sediments entering the intermittent creek, the project should implement best management practices, including:
 Conduct construction activities within 20 feet of the riparian woodland during the dry season;
 Incorporate measures to filter and entrap pollutants prior to their discharge into the creek or other downstream drainage features that lead to Carbonera Creek.
 Stabilize disturbed soils to minimize erosion and sediment input to the creek;
 Implement erosion control measures to prevent sediment from entering the creek channel, including the use of silt fencing or fiber rolls to trap sediments;
 Conduct erosion control seeding of all disturbed areas as soon as DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
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practicable after disturbance following construction;
 Monitor the effectiveness of the erosion control measures during the first year’s rainy season and implement remedial measures (e.g., reseeding, repair of silt fencing) if sedimentation or erosion is noted.

54. Mitigation Measure BIO-2: Oak Riparian Woodland Post-Construction: Prior to project construction activities on the site, the project applicant and a qualified biologist shall demonstrate to the satisfaction of the City compliance with the following:

2.1 All lighting features shall be directed away from the oak riparian woodland, such that the woodland is not illuminated. Homeowners/tenants shall not be allowed to install night lighting that illuminates the riparian woodland.

2.2 Future landowners/tenants should not utilize invasive, non-native plant species for landscaping. Plant species that should not be used on the property include all plants recognized as exotic pest plants by Cal-IPC (see Exotic Pest Plants of Greatest Ecological Concern in California, www.calipc.org). This list includes: all brooms (i.e., French broom, Spanish broom and Scotch broom), periwinkle (Vinca sp.), Cape (or German) ivy, English ivy, Algerian ivy, acacia (all kinds), eucalyptus (all kinds), all pines, cotoneaster, and pyracantha. If evidence of the fungus responsible for Sudden Oak Death (Phytophthora sp.) is detected on the property, the homeowners should implement measures to prevent/control the spread of this fungus both on and off-site. The homeowners should be responsible for implementing the most current disease-preventing measures for the use, storage and/or transporting of oak firewood as a means of minimizing the spread of the disease within the City, the County and the State of California.

Preventative and treatment measures should also be implemented as recommended. Current information on this disease and recommended treatments is available through the California Oak Mortality Task Force, University of California Cooperative Extension, Sudden Oak Death website (http://cemarin.ucdavis.edu).

55. Mitigation Measure BIO-3: Special status wildlife and nesting birds: Prior to project construction activities on the site, the project applicant and a qualified biologist shall demonstrate to the satisfaction of the City compliance with the following:

3.1 The landowner shall hire a qualified biologist to search for San Francisco dusky-footed woodrat nests. If any are found and impacts to the nests DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
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cannot be avoided, the applicant shall seek written approval from CDFW to implement a trapping and relocation program. Wood rat nests shall not be disturbed without prior written approval from CDFW.

3.2 If construction is scheduled to begin between March 1 and August 15 of any given year, the landowner shall hire a qualified biologist to conduct a search for active bird nests in the vicinity of the work site (following CDFW survey protocols). If active bird nests are observed, the work shall be postponed until the biologist determines that all chicks have fledge the nest(s).

Building Department
Standard
The developer shall obtain any required grading and/or building permit(s) and pay applicable fees

56. The developer shall pay all applicable City development impact fees before grading and/or building permit issuance.

57. The developer shall pay school impact fees to the Scotts Valley Unified School District before building permit issuance.

58. All trades of electrical, plumbing, and mechanical will be issued under one building permit for said project (General Contractor permittee). All subcontractors shall provide their contractor’s license number and their workers compensation insurance information to the Building Department.

59. All buildings shall be designed to comply with the current California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Energy Code and California Green Building Code, in effect at the time of building permit application.

60. The building permit plans must comply with the current California Plumbing and Green Building Code for water-conserving fixtures and fittings and with the CA Energy Commission Building Energy Efficiency Standards, which includes energy-saving fixtures and appliances to be used throughout the building.

DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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61. All new construction shall comply with the California Green Building Code and the City’s current Green Building Guidelines, which requires various low-impactdevelopment and resource efficient techniques, to the satisfaction of the CDD.

62. Structural calculations shall be submitted and wet-signed by the Engineer of record.

63. A Special Inspection form shall be submitted and the names of Special Inspectors with certifications as required shall be provided.

64. A soils report by a qualified professional) engineer shall be submitted with the application for any building permits. The developer shall submit a plan review letter from the project Geotechnical Engineer confirming that the construction documents comply with the project geotechnical engineer’s recommendations.

65. The developer shall comply with the City’s standard erosion control measures.

The plans submitted for a building permit must include best management practices (e.g. erosion control practices and procedures) during construction, which include complying with Regional Air Quality Control Board emissions for construction equipment.

66. Site drainage erosion control and foundation plans must be reviewed and approved by the soils engineer of record.

67. To ensure that City requirements are met, the developer shall specify to the Building Official the off-site disposal location of any exported soil material at a pre-construction meeting or before grading permit issuance. If the disposal site is located outside the City, the site shall be a legal facility such as a licensed landfill or permitted fill site.

68. Developer shall submit a plan showing temporary (during construction) and permanent erosion control measures will need to be submitted to the Regional Water Quality Control Board (RWQCB), the agency that administers NPDES, and the City Building Department for review and approval.

69. A completed City of Scotts Valley Construction and Waste Management Plan form shall be submitted with the Building permit application.

Grading

70. The limits of grading shall be clearly marked on the site prior to the issuance of a grading or building permit.

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71. If grading in the rainy season (October 15th to April 15th) is necessary all necessary, approvals from the Building Department shall be obtained.

72. The location of all soil to be exported shall be reviewed and approved by the Building Official prior to issuance of a grading or building permit.

73. Prior to issuance of any grading permit, the Director of Public Works and the Building Official shall confirm that the grading permit and specifications stipulate that all off‐road construction vehicles/equipment shall comply with the California Air Resources Board’s In‐Use Off‐Road Diesel Vehicle Regulation.

74. Air Quality
The following BMPs shall be included in the construction contract for the project and be implemented during site grading:
a. Excavation of the site shall be done in phases by grading only those areas where immediate activity will take place, leaving the remaining areas in their original condition with ground cover.
b. A water truck, using recycled water, shall be available on a repeated basis each day throughout the grading phase of the project to spray exposed earth surfaces.
c. In addition to regular water spraying, a biodegradable chemical palliative shall be sprayed on any graded areas that will remain exposed without additional grading for three or more days in succession. d. The site entrance shall be base rocked to avoid or minimize tracking mud on roadways by construction vehicles.
e. Roadway(s) along the project frontage shall be mechanically swept at the end of each workday when any dirt or mud has been tracked on the street. f. No grading activities shall occur during days of high wind velocity. g. Finished graded areas that are designated as open space and landscape areas of project, shall be covered with an accepted erosion control substance such as straw mulch or hydro mulch with a tackifier. h. Construction staff shall monitor daily all areas that have received a chemical palliative spray or application of mulch to determine if these areas remain in a dust-free condition and take corrective action as needed to maintain a dust-free environment.
i. Prior to issuance of any grading permit, the Director of Public Works and the Building Official shall confirm that the grading permit and specifications stipulate that all off‐road construction vehicles/equipment shall comply with the California Air Resources Board’s In‐Use Off‐Road Diesel Vehicle Regulation.

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Hazardous Materials and Hydrology

75. Stationary equipment such as motors, pumps, welding equipment shall be placed over drip pans or other containment apparatus.

76. Construction materials shall not be stockpiled or stored where they could be accidently discharged downslope or into Scotts Valley Drive.

77. Any petroleum, lubricants or other hazardous materials used during; and, construction shall be stored in a special storage location equipped with double containment and this location shall be shown on the erosion control plan and approved by the agencies that review this plan.

City Public Works Department- Engineering Division

78. A final subdivision or parcel map in conformance with the California Government A final subdivision or parcel map in conformance with the California Government Code, Section 66410 ET seq, and with the City Subdivision Ordinance, and including the conditions of the tentative subdivision map, shall be filed to the satisfaction of the Public Works Director/City Engineer.

79. All required documents, final or parcel map sheets, covenants, developer and city improvement agreements and bonds, shall be provided to the satisfaction of the Public Works Director/City Engineer prior to the recordation of any final map or application for any building permit. (Applicant should be advised that officials of Santa Cruz County, such as the Auditor-Controller, Recorder and Clerk of the Board have requirements, such as payment of taxes and present title guarantee, which precede recordation of the map.)

80. Engineered Improvement Plans shall be submitted for all on-site and off-site work and will be approved by the Public Works Director/City Engineer. On-site and off-site (encroachment) civil engineering permits must be issued by the City prior to commencing any work. Improvement Plans shall include any necessary grading, drainage, masonry retaining walls, driveway, utilities, utility pole relocation, frontage improvement and/or repair of sidewalk, curb and gutter or similar facilities required satisfying tentative map conditions to the satisfaction of the Public Works Director/City Engineer. All improvements shall conform to the design standards contained in text and illustration in the DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
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"City of Scotts Valley Standard Details", latest revision adopted by the City Council.

81. Engineered improvement plans for all work, signed, and prepared under the direction of a registered civil engineer, shall be approved by the Public Works Director/City Engineer prior to commencing work.

82. All work in the public right-of-way will require an encroachment permit application made to the satisfaction of the Public Works Director/City Engineer. The civil on-site work, as plan reviewed by the Public Works Department, will require an on-site civil engineering permit and inspection.

83. All public improvements shall be guaranteed by written Agreement with the city, Faithful Performance Bond, and Labor and Material men's Bond, to the satisfaction of the Public Works Director/City Engineer.

84. All signing and striping shall be approved and completed as required by the Public Works Department, and shall be in conformance with current editions of Transportation and Traffic Engineering Handbook, by the Institute of Transportation Engineers, and the State Department of Transportation "Standard Specifications".

85. The project shall connect to the sanitary sewer system and existing septic systems, if any, shall be properly abandoned.

86. Applicant shall construct storm drain facilities in conformance with data and analysis in the adopted City of Scotts Valley Storm Drain Master Plan, December 1989 and in accordance with the city’s SWMP Ordinance No. 184.1.

87. Stormwater Management Plan:

A registered civil engineer shall provide storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities to control on-site drainage and mitigate off-site impacts. The design shall follow the criteria contained in the City of Scotts Valley Standard Details and the data and analysis contained in the latest adopted City of Scotts Valley Storm Drainage Master Plan.

Development shall not increase the rate of flow (cubic feet per second) or velocity (feet per second) of site run-off water to any off-site drainage areas beyond the measured or calculated pre-project rate and velocity.

DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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See the Stormwater Technical Guide on the Scotts Valley City website for requirements and formatting under Public Works.

88. Impervious area must be shown on coversheet.

89. Dedication of land for Park and Recreational Purposes:

Applicant shall comply with be aware of Muni Code Chapter 16.35 – Dedication of land for Park and Recreation Purposes. Applicant can find the Code of Ordinance on the City of Scotts Valley Website, under Municipal Code.

90. Applicant shall pay the cost to accomplish the utility design and construction to underground the telephone, electric power, and television cables in each project contained easement, private or public road frontage. This under grounding of utilities to remove utility poles comes in addition to the state required under grounding of transmission for the project and any new service connections.

91. The final map shall be submitted to the City's Public Works Department on an AutoCAD drawing version 2018 LT or earlier electronic version prior to recording.

92. Applicant shall submit electric files for all civil plans for review and As-Builts when project is completed in both paper and electronic file.

93. Applicant shall submit a completed "segregation of assessment" form for each assessment district in which the subdivision participates.

94. Prior to the filing of the final/parcel map, applicant shall contact the Santa Cruz County Assessor's Office or the Local Agency Formation Commission (LAFCO) to ensure that the subdivided property is within a single tax code.

95. The applicant shall repair any damage caused to the City streets [or the private roadway] by applicant or its contractors, consultants, and/or employees prior to issuance of a certificate of occupancy. A videotape log, DVD format, clearly showing the existing condition of [the applicable street] to the project site shall be presented to the Department of Public Works prior to the start of construction. Applicant is advised that, absent clear video evidence to the contrary, road damage must be repaired to the satisfaction of the City prior to issuance of a certificate of occupancy. Damage assessment will be at the sole discretion of the City.

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DEPARTMENT OF PUBLIC WORKS -PARKS AND RECREATION DIVISION

96. The developer shall comply with SVMC chapter 16.35, dedication of land for parks and recreational purposes. Any fees shall be paid prior to issuance of a grading and/or building permit.

FIRE DEPARTMENT

54. This project shall comply with the California Fire Code as amended by the Scotts Valley Fire Protection District

55. The emergency vehicle turnaround shall be clearly marked with red curbs and no parking signs pursuant to Fire Department standards.
____________________________________________________________________________________ Name and Signature of Property Owner, Larry Abitbol Date DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666 8/24/2021

RESOLUTION NO. 1997.2

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS
VALLEY APPROVING PLANNED DEVELOPMENT PERMIT (PD19-
001) AND DESIGN REVIEW (DR19-005) FOR THE “BAY VILLAGE
PLANNED DEVELOPMENT” IN THE HIGH DENSITY RESIDENTIAL

GENERAL PLAN AND ZONING DISTRICT FOR A TEN LOT

SUBDIVISION FOR TEN UNITS (SIX DETACHED SINGLE-FAMILY

DWELLINGS AND TWO ATTACHED DUET/ DUPLEXES), AND
RELATED SITE IMPROVEMENTS, ON A 1.04-ACRE SITE LOCATED
AT ERBA LANE (NO SITUS) / APNs 22-481-18 AND 22.

WHEREAS, the Planning Department of the City of Scotts Valley has received the application filed by Charlie Eadie, Eadie Consultants, applicant, for Larry Abitbol, SV Housing LLC, owner, for Planned Development No. PD19-001 and Design Review No.

DR19-005 for a ten-lot subdivision for of ten units (six detached single-family dwellings and two attached duet/ duplexes), and related site improvements on a 1.04 acre parcel located at Erba Lane (no situs) (collectively referred to as “Application”); and, WHEREAS, Charlie Eadie, Eadie Consultants, applicant, for Larry Abitbol, SV Housing LLC, owner, (referred to as “applicant”) has presented substantial evidence which supports the Application; 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, a Mitigated Negative Declaration has been prepared pursuant to Section 15162 of the California Environmental Quality Act (CEQA); and WHEREAS the project is determined to not have a significant impact on the environment based upon the results of the initial study; and
WHEREAS, the Planning Commission held a public hearing on May 13, 2021, to consider the Application and after consideration of public testimony, the staff report and evidence submitted to support the Application, the Planning Commission recommended approval of the Application to the City Council; and
WHEREAS, a public hearing on the proposed project was held by the City Council on June 16, 2021, and such hearing was noticed pursuant to the requirements of the Scotts Valley Municipal Code and State Law; and
WHEREAS, the City Council certified the Mitigated Negative Declaration for the project by adoption of Resolution No 1997; and
DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

WHEREAS, the City Council approved the Planned Development Zoning for the project by adoption of Ordinance No. 16-ZC-230; and
WHEREAS, the City Council approved the Land Division for the project by adoption of Resolution No 1997.1.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scotts Valley as follows:

SECTION 1: The City Council of the City of Scotts Valley does hereby make the following Planned Development Permit findings, as further clarified in the staff report dated June 16, 2021:

1. The planned development permit, as issued, furthers the policies of the general plan. The allowable residential density range in High Density Residential General Plan areas is 9 to 15 units per acre. The project is consistent within the General Plan density range of 9 to 15 units per acre, and results with a density of 9.6 units per acre. The proposed project includes the construction of ten, two-story, single-family dwellings including four duplex/duets, all with attached two-car garages.

Common Lot A is for a private road which provides access to seven of the residential units (lots seven to ten) and stormwater infrastructure. The homes are of a conventional design that is consistent with the character of the neighborhood.

Further, the project improves and upgrades a previously undeveloped and underutilized site providing housing opportunities for ten families. Therefore, the proposed ten-lot residential development is consistent with the land use permitted in the General Plan and will provide a residential density compatible with those permitted on adjacent sites.

2. The planned development permit, as issued, conforms in all respects to the planned development zoning of the property. The “PD” will be an overlay zone to the proposed R-H base zoning districts. The Planned Development zoning allows exceptions to the development standards to accommodate the proposed lot configuration with reduced lot sizes, width and depths, reduced front, side, and rear setbacks. The project design meets the requirement of this finding in that approval of the Planned Development and Permit will allow ten two-story, single-family dwellings including four duplex/duets, all with attached two-car garages. Each new home will have private yard space, two covered garage parking space and two uncovered parking spaces

3. That the inter-relationship between the orientation, location, mass and scale of building volumes, and elevations of buildings, structures, and other uses onsite are appropriate, compatible, and aesthetically harmonious. The project meets the requirements of this finding in that the overall siting and design of the buildings incorporate conventional horizontal siding on one of the stories and board and batt siding on the other. The front elevations include a stone veneer base with a front porch with a gable roof and wood timber details. The roof forms include gables DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

with shingles or lap siding under the gables and wood brackets. The roofs are conventional in design with a 6:12 pitch and medium dark brown color composition shingles. The proposed windows are off-white color vinyl or wood frame, single hung with single or double windows with multiple lights and wood trim. The proposed colors will be unique for each home and include shades of medium and light browns and greens and the trim, trellises, deck railings and wood knee braces are a dark brown color. The stone veneer are two natural stone brown/gray/ buff colors. The garage doors will be metal insulated doors with sections and divided lights at the top with a wood trellis’ over the garage doors. The two-story homes are approximately 28 to 30-feet in height feet similar to other nearby homes in the neighborhood. As designed consistent with the General Plan Action OSA-387. The PD allows exceptions from the underlying R-H zoning standards predominantly related to lot size and configuration of the proposed lots, in order for each home to be on a separate parcel of land, which has private yard spaces. The architectural details, materials, mass, and colors of the proposed residential units are high quality and are consistent with newer single-family dwellings, compatible with the surrounding area.

The architecture, quality exterior materials/ finishes/colors, and landscaping will create an aesthetically harmonious project.

4. The environmental impacts of the project have been reviewed and considered. The project meets the requirements of this finding in that the Project’s Initial Study and Mitigated Negative Declaration ND20-001 establishes and incorporates mitigation measures that reduce potentially significant impacts to less than significant levels. As proposed and through mitigation measures adopted for the proposed development the long and short-term environmental effects associated with this project will be less than significant.

SECTION 2: The City Council of the City of Scotts Valley does hereby make the following Design Review findings, as further clarified in the staff report dated June 16, 2021:

1. The siting of any structure on the property as compared to the siting of other structures in the immediate neighborhood is appropriate. The project meets the requirement of this finding in that the proposed single-family homes will be sited appropriately in relation to the existing neighborhood and location and fronting on Erba lane and on a private road. The site gently slopes towards Scotts Valley Drive and retaining walls are required for level building pads. After the biologist determined the riparian woodland boundary, the project was redesigned to avoid development in the riparian area. Avoiding development in the riparian area created a physical constraint resulting in very irregularly shaped lots and reduced front, side, and rear yard setbacks. The physical constraints of the site require exceptions from the development standards as allowed in a PD district, which are common on infill developments in the area such as the private access road and requirements for on-site stormwater retention. As proposed the single-family dwellings are suited to the property, setting, and zoning context.

2. The materials, colors, proportion, mass and detail of all structures shall be in good proportion, have simplicity of mass and detail and be compatible in appearance with surrounding structures. There shall be an appropriate use of DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

materials. Colors shall be appropriate within the context of use and should blend with surrounding structures. The project meets the requirements of this finding in that the proposed single-family homes, are two-story in height and utilize conventional horizontal siding on one of the stories and board and batt siding on the other. The front elevations include a stone veneer base with natural stone brown/gray/ buff colors, and a front porch with a gable roof and wood timber details.

The roof forms include gable, hip, and shed roof forms with shingles or lap siding under the gables and wood bracket details. The roofs are conventional in design with a 6:12 pitch and medium dark brown color composition shingles. The proposed windows are off-white color vinyl or wood frame, single hung with single or double windows with multiple lights and wood trim. The proposed colors will be unique for each home and include shades of medium and light browns and greens and the trim, trellises, deck railings and wood knee braces are a dark brown color. The two-story homes are approximately 28 to 30-feet in height feet similar to other nearby homes in the neighborhood. The variety of quality materials, exterior treatments, finish details and exterior colors are appropriate and consistent with the City’s design review criteria.

3. The landscaping is in keeping with the character and design of the proposed development. Existing trees shall be preserved whenever possible. The project, with tree and landscape revisions as depicted and described in the applicant schematic revisions dated September 8, 2020 would meet the requirements of this finding in that the project will provide new landscaping including replacement trees, shrubs, and ground cover. Two protected oak trees are proposed to be removed and four additional trees may be impacted by construction. With the implementation of standard conditions of approval and mitigation measures the remaining trees will be preserved. Replacement trees are required at a 2:1 ratio and 22 trees are proposed including 11 street trees on the landscape plan. Preliminary landscaping and irrigation details have been reviewed. A condition of approval requires that final landscape and irrigation plans be submitted for staff review and approval by the Community Development Director.

4. The size, location, and arrangement of on-site parking and paved areas shall be appropriate. The project meets the requirements of this finding in that each proposed single-family homes has a two-car garage. and exceeds the single-family parking requirements by providing a two-uncovered parking spaces on a 20-foot deep driveway. No parking would be allowed in the private road and ten off-site public parking spaces will be created on Erba Lane. Common Lot A provides a shared road for vehicle access serving seven of the proposed homes. The front half of Lot A common parcel incorporates pervious pavers and contains sub-surface on-site stormwater retention infrastructure.

5. For ingress, egress and internal traffic circulation, all of the above factors shall be related to the setting or established character of the neighborhood or surrounding area. The project meets the requirement of this finding in that vehicle access to the site from Erba Lane and access to seven of the homes driveways is through a shared, common, private road (Lot A).

DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

6. For fences and walls over eight feet tall or fences over three feet tall in front yards when across from Hwy 17, consider height and access to sunlight, setbacks, landscaping and use of materials for articulation and visual relief.

The project site slopes towards Scotts Valley Drive to the southeast. To accommodate the site grades and create level building pads the project requires extensive retaining walls to be constructed along the property lines in the southeast, south, northwest corner and between most of the lots. The tan color concrete block retaining walls will be topped with solid plank redwood privacy fences. Along Erba Lane on the front left half of Lot 1, a retaining wall would be below grade and topped by a six-foot in height redwood fence. Also, along the Erba Lane side of Lot 10 would be an above grade retaining wall varying in height from up to 5’-8” topped by a 42” to six-foot in height redwood fence. The rear property line of Lots 7 to 10 would have a retaining wall vary from 5’8” to 6’-6” in height topped by a six-foot redwood fence.

NOW THEREFORE, BE IT FURTHER RESOLVED that, 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 PD Permit No. PD19-001 and Design Review No. DR19-005 for the Bay Village Planned Development for a ten-lot subdivision for ten units (six detached singlefamily dwellings and two attached duet/ duplexes), and related site improvements on a 1.04 acre site located at Erba Lane (no situs), subject to the Conditions of Approval set forth in Exhibit A, which is incorporated herein by this reference.

THE ABOVE AND FOREGOING RESOLUTION was duly and regularly passed by the City Council of the City of Scotts Valley at a meeting held on the 16th day of June 2021, by the following vote:

AYES: DILLES, JOHNSON, LIND, REED, TIMM
NOES: NONE
ABSTAIN: NONE
ABSENT: NONE
APPROVED:
_____________________________________
Derek Timm, Mayor
ATTEST:
________________________________
Tracy A. Ferrara, City Clerk
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Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
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Exhibit A
Legal

1. The developer has agreed to and shall defend, indemnify and hold harmless the City of Scotts Valley, its officers, agents and employees from any claim, action or proceeding against the City or its officers, agents or employees to attach, set aside, void or annul any action of the City in connection with approvals under the California Environmental Quality Act or with respect to approval of the project, which action is brought within the time period(s) prescribed by law. The City shall promptly notify the developer of any such claim, action or proceeding and shall fully cooperate in defense.

2. After City Council action of the project the developer/applicant shall sign the Conditions of Approval agreeing to the Conditions of Approval prior to issuance of any grading/building permits, transfer of title, or within 30 days of approval of these planning permits, whichever occurs first.

3. The developer shall obtain all required demolition, grading, improvement plans, and building permits and pay all required development and impact fees before starting any grading/earth disturbance or construction on the property.

Planning Department

4. The approved planning permits include a Mitigated Negative Declaration, Planned Development Overlay and Permit, Land Division, and Design Review for a ten-lot subdivision, to construct ten single-family dwellings and related site improvements on a 1.04-acre site located at Erba Lane. The two-story, single-family dwellings and site improvements shall be constructed substantially as shown in the plans prepared by David B. Zulim, received 9/10/20 and 12/17/20 and Gregory Lewis, Landscape Designer, dated September 8, 2020, and as described in writing on the project’s technical reports, which are on file in the Planning Department.

5. All site improvements shall be in conformance with the plans stamped approved, unless otherwise conditioned in this Exhibit to the satisfaction of the Community Development Director (CDD) and City.

6. Any future changes to the approved plans that the developer and/or other reviewing agencies initiate and/or propose, shall require prior review and approval by the CDD/City and CDD confirmation regarding the level of DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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environmental review and planning permits. As determined by the CDD, minor changes may be approved by the CDD while major changes may require review and approval by the Planning Commission and/or City Council, paid by the developer.

7. Prior to removal of trees or a grading permit issuance submit a mitigation and monitoring compliance fee deposit for ten hours of staff time at the current hourly rate. Any unused deposit fee will be refunded prior to final inspection.

8. To ensure that the Mitigation and Monitoring measures are communicated and complied with a preconstruction meeting shall be conducted prior to the start of any construction and the following shall attend: the developer, grading contractor supervisor, project planner, Building Official, Public Works Director, project biologist and arborist, with exception of installing temporary construction fencing demarcating the disturbance area, siltation and tree protection fencing. Temporary construction protective measures and tree protection fencing shall be installed prior to the meeting and inspected at that time by the biologist and arborist. Provide an attendance list to the project planner.

Cultural Resources
Archaeological Resources

9. The developer shall submit a copy of a contract with a qualified/registered archaeologist to conduct monitoring of all earth disturbing activities and inspections for review and approval by the Community Development Director, before grading permit issuance. The developer shall include this requirement in the contract forall contractors involved with grading and subsurface work. The qualified/registered archaeologist shall monitor all earthwork activity as described below.
a. An archaeologist shall monitor the grading or excavation of soils at the development site in order to determine if important cultural remains are present. Such monitoring shall begin before and occur during subsurface earth moving activities.
b. The duration and period of archaeological monitoring of project development activities shall be at the discretion of the professional archaeologist. At a minimum, however, any activity that initially displaces or removes original soil from its present context shall be monitored by an archaeologist on a continuous basis.

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c. Monitoring activities such as replacing soils in trenches, redistributing displaced soil elsewhere on the development site, or removing stockpiled excavated soil may not require monitoring.
d. Monitoring may include the periodic sampling and screening of soils in order to better determine if cultural remains are present.

10. If any cultural resources are discovered, the project contractor shall immediately stop all earth disturbing work within a 150-foot radius of the discovery to allow for inspection, evaluation, and potential recovery of resources by the supervising project archaeologist, before resuming any earth-disturbing construction activities.

The developer shall also contact the Planning Department and Building Official as soon as work has been stopped. It may be necessary to resume grading or excavation activities under the direction of the supervising archaeologist in order to locate or expose cultural remains.

11. If human remains are unexpectedly encountered during project grading the actions required as identified in the previous condition shall be implemented to effectively preserve any human remains until the Santa Cruz County Coroner determines the appropriate course of action concerning the treatment and disposition of the human remains pursuant to the California Health and Safety Code Section 7050.5(b).

Paleontological Resources

12. Provide the project paleontologist with a copy of the final grading plans for review prior to any project grading.

13. Provide for daily monitoring during grading activities by the project paleontologist to determine if paleontological resources are encountered in excavated areas.

14. Allow for the recovery of any discovered paleontological resources according to a recovery plan/method specified by the project paleontologist, including the donation of the recovered resources to a suitable repository (museum, school, etc.).

15. If recovery occurs, ensure that the project paleontologist prepare a recovery report that details the type of resources recovered and the repository locations where they were taken.

16. Specify in the construction contract with the project grading contractor(s), that grading personnel are to cooperate with and assist the project paleontologist DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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during monitoring and any recovery activities, including assisting with recovery efforts if necessary.

17. The applicant and construction contractor shall ensure that paleontological resources are not destroyed during project grading.

18. The developer shall submit a copy of a contract with a qualified/registered paleontologist to conduct monitoring of all earth disturbing activities for review and approval by the Community Development Director, before grading permit issuance.

The developer shall include this requirement in the contract forall contractors involved with grading and subsurface work.

19. The qualified/registered paleontologist shall monitor all earthwork activity as described in conditions 12-24, below.

20. The applicant/contractor shall provide the project paleontologist with a copy of the final grading plans for review prior to any projectgrading.

21. Provide for daily monitoring during grading activities by the project paleontologist to determine if paleontological resources are encountered in excavated areas.

22. Allow for the recovery of any discovered paleontological resources according to a recovery plan/method specified by the project paleontologist, including the donation of the recovered resources to a suitable repository (museum, school, etc.).

23. If recovery occurs, ensure that the project paleontologist prepare a recovery report that details the type of resources recovered and the repository locations where they were taken.

24. Specify in the construction contract with the project grading contractor(s), that grading personnel are to cooperate with and assist the project paleontologist during monitoring and any recovery activities, including assisting with recovery efforts if necessary.

Fences and Walls

25. All fence and retaining wall design details shall be included on plans submitted for building permit and subject to Planning Department review and approval, prior to issuance of a building permits
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Trees
Standard

26. All recommendations in the Arborist Report Preliminary Tree Inventory & Assessment was prepared for the previous site plan in November 2017 (Kurt Fouts, 11/30/2017). A Preliminary Arborists Report, Preliminary Tree Inventory and Assessment (the Revised Arborists Report) was prepared in March 2020 based on the revised site plan (Kurt Fouts, March 27, 2020) are incorporated as conditions of project approval. This report includes an exhibit (grading plan) showing replacement tree locations.

27. Tree removal shall not occur until a grading or building permit has been issued for the project.

28. The final grading plans and improvement plans shall be reviewed and approved by the project Arborist prior to any grading and if deemed necessary additional tree preservation measures shall be applied to the project.

29. The project arborist shall place a monetary value on trees preserved on development sites and a surety bond in an amount equal to the value of the preserved trees shall be deposited with the city prior to issuance of a grading/building permit for the project. If damage occurs to the preserved trees during development and/or construction, funds will be drawn from the deposited amount. Funds remaining in the account will be returned to the applicant upon final inspection of the project.

30. During the pre-construction phase of development, the project arborist shall inspect tree protection fencing and the completion of pre-construction treatments.

This inspection shall be completed prior to the issuance of any grading or building permits

31. The project arborist shall routinely inspect the development site through the term of the project.

32. Upon completion of construction activities, the project arborist shall submit written documentation stating that all recommended tree preservation measures have been completed prior to Building Permit final for the project.

33. The cost of the project arborist review and implementation of conditions, site inspection and related work shall be borne by the applicant.

34. The project developer shall place a surety bond in an amount equal to the value DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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of the preserved trees as shown in the project Arborist Report. The surety bond shall be deposited with the city prior to issuance of a grading/building permit for the project. The monetary value shall be reviewed and approved by the CDD. If damage occurs to the preserved trees during development and/or construction, funds will be drawn from the deposited amount. Funds remaining in the account will be returned to the developer upon final inspection of the project.

Project Specific

35. The arborists recommendations for tree preservation shall be printed on the demolition, grading and construction drawings including: “1) After grading stakes are placed, the project arborist, the grading equipment operator and the tree service company shall meet to review the extent of pruning required to achieve clearance from grading operations; 2) Plant 4 15-gallon cost live oak replacement trees as mitigation for the removal of four coast live oak trees, T39 and T40, in the locations recommend on the grading exhibit; 3) If either T35 or T38 requires removal plant two 15-gallon coast live oak for each tree removed, in the location identified on the attached grading exhibit. Once final plan sets are complete, a tree protection plan, containing tree protection specifications will be required. T

36. The arborist shall monitor and observe hand grading and trenching near the protected trees.

37. If any protection is removed, the arborist shall verify that the fencing and other tree protection measures were correctly reinstalled. The arborist report included a sign to show the tree protection zone, this sign(s) should remain posted in a visible location during construction.

38. Provide a copy of a contract for services for the Community Development Department Director review and approval prior to issuance of a demolition or grading permit.

Landscaping
Standard

39. The landscaping improvements shall be permanently maintained and irrigated.

40. The materials and locations of the landscape retaining walls shall be approved by the Community Development Director prior to issuance of grading or building permit.

41. Landscaping shall comply with State of California Government Code Section DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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65596 Water Conservation in Landscaping and associated Model Water Efficient Landscaping Ordinance for landscaping equal or greater than 2,500 square feet.

If not applicable the project is required to be consistent with the City Water Conservation Ordinance.

Project Specific

42. The arborists recommended tree replacement locations shown on the exhibit dated 4/29/20, (grading plan) attached to the arborist report, dated 3/27/20, shall be included in the final landscape drawings to be approved by the Community Development Department Director.

43. A final landscape and irrigation plan shall be submitted and shall include the name, number, size, and location for all planting materials, trees and ground covers and tree replacement locations shall be approved by the Community Development Director prior to issuance of grading or building permits.

44. Landscape plans submitted to the City shall include a minimum of four replacement trees. If additional trees are required to be removed or are damaged due to construction impacts, these trees shall also require replacement at a 2:1 ratio prior to occupancy and as part of the landscaper’s warranty. All new tree species shall be selected in consultation with the project arborist, based on the specific tree location, soil type, and water and solar needs.

Lighting

45. All exterior lighting shall be the minimum necessary for security and all lighting shall be down shining with the light source not directly visible from adjacent properties. Where deemed necessary by the Community Development Director light cutoffs/shields shall be installed.

CC&R’s

46. CC&R’s for the ongoing management and maintenance of the site improvements including perimeter fencing, on-site stormwater facilities, landscaping, driveways, retaining walls, and any other shared facilities, for the project shall be approved by the City and executed by the property owner prior to the approval of the final map. The CC&R’s shall be recorded prior to building permit final, or the sale or lease of the first unit or within 30 days of the final map recording, whichever comes first. The property owner shall pay recording costs.

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Joint Maintenance Agreement

47. Applicant shall provide a Joint Landscape Maintenance Agreement for review and approval by the Community Development Director and Public Works Director for the maintenance of off-site landscaping prior to approval of the Final Map.

48. The curbs along the private ace road and the emergency vehicle turnaround shall be painted red indicating no parking except for emergency vehicles and no parking signs installed pursuant to Fire Department standards. This condition shall be included in the CCRs.

Affordable Housing

49. Before a Final Map is recorded, the developer shall enter into an Affordable Housing Agreement with the City. The Agreement shall include either one of the two following options as mutually agreed upon by the City and the developer. In the event City staff and the developer cannot agree on the option, the City Council shall be the final decision maker on the appropriate option.

Option #1 would require one low-income unit and one-moderate income unit to be provided. These two units would be 3-bedroom rental units. There would be no in-lieu fee required because the applicant will be providing 2 units rather than the 1 required unit.

Option #2 would require the provision of one 3-bedroom low-income unit. The in-lieu fee would be used to subsidize the difference between the affordable sales price of a moderate-income unit and the affordable sales price of a lowincome unit. In the event the in-lieu payment is more than the price differential, the excess funds shall be paid to the City as the project’s in-lieu fee contribution.

In the event the in-lieu payment is less than the price differential, the developer shall be responsible for the shortfall to provide a low-income unit.

Public Access Easement

50. To provide for public access to MacDorsa Park from Erba Lane a public access easement is required over Lot A private access road. The City Attorney shall review and approve the public access easement prior to approval of the final map and it shall be recorded concurrently

51. If a future owner would like to make improvements in their rear yard resulting in a greater lot coverage than 55%, this can be allowed with the review and approval of the Director of the Community Development Department.

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Public Art

52. The proposed public art will be a custom Bay Photo design mural located on the face of the retaining wall of Lot 10 and Erba Lane. It will be approximately ten feet wide by four feet high and made of metal. The Community Development Director will review and approve the final design.

53. Mitigation Measure BIO-1: Oak Riparian Woodland - Project Construction.

Prior to project construction activities on the site, the project applicant and a qualified biologist shall demonstrate to the satisfaction of the City compliance with the following:

1.1 The outer edge of the riparian setback area should be demarcated by the placement of six-foot high plastic construction fencing (during the construction period) and a permanent six-foot high fence (after construction). The fence should have an opening to allow access to the existing pathway that crosses the intermittent drainage channel. Fencing should be placed along the outside edge of the dripline of the tree or grove of trees. The construction fencing should be maintained in a functional manner throughout the site construction period and should be inspected periodically by the contractor and City of Scotts Valley personnel for damage and proper functioning. No equipment staging, vehicle parking or other activities shall occur within the protected riparian area.

1.2 To minimize sediments entering the intermittent creek, the project should implement best management practices, including:
 Conduct construction activities within 20 feet of the riparian woodland during the dry season;
 Incorporate measures to filter and entrap pollutants prior to their discharge into the creek or other downstream drainage features that lead to Carbonera Creek.
 Stabilize disturbed soils to minimize erosion and sediment input to the creek;
 Implement erosion control measures to prevent sediment from entering the creek channel, including the use of silt fencing or fiber rolls to trap sediments;
 Conduct erosion control seeding of all disturbed areas as soon as DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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practicable after disturbance following construction;
 Monitor the effectiveness of the erosion control measures during the first year’s rainy season and implement remedial measures (e.g., reseeding, repair of silt fencing) if sedimentation or erosion is noted.

54. Mitigation Measure BIO-2: Oak Riparian Woodland Post-Construction: Prior to project construction activities on the site, the project applicant and a qualified biologist shall demonstrate to the satisfaction of the City compliance with the following:

2.1 All lighting features shall be directed away from the oak riparian woodland, such that the woodland is not illuminated. Homeowners/tenants shall not be allowed to install night lighting that illuminates the riparian woodland.

2.2 Future landowners/tenants should not utilize invasive, non-native plant species for landscaping. Plant species that should not be used on the property include all plants recognized as exotic pest plants by Cal-IPC (see Exotic Pest Plants of Greatest Ecological Concern in California, www.calipc.org). This list includes: all brooms (i.e., French broom, Spanish broom and Scotch broom), periwinkle (Vinca sp.), Cape (or German) ivy, English ivy, Algerian ivy, acacia (all kinds), eucalyptus (all kinds), all pines, cotoneaster, and pyracantha. If evidence of the fungus responsible for Sudden Oak Death (Phytophthora sp.) is detected on the property, the homeowners should implement measures to prevent/control the spread of this fungus both on and off-site. The homeowners should be responsible for implementing the most current disease-preventing measures for the use, storage and/or transporting of oak firewood as a means of minimizing the spread of the disease within the City, the County and the State of California.

Preventative and treatment measures should also be implemented as recommended. Current information on this disease and recommended treatments is available through the California Oak Mortality Task Force, University of California Cooperative Extension, Sudden Oak Death website (http://cemarin.ucdavis.edu).

55. Mitigation Measure BIO-3: Special status wildlife and nesting birds: Prior to project construction activities on the site, the project applicant and a qualified biologist shall demonstrate to the satisfaction of the City compliance with the following:

3.1 The landowner shall hire a qualified biologist to search for San Francisco dusky-footed woodrat nests. If any are found and impacts to the nests DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

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cannot be avoided, the applicant shall seek written approval from CDFW to implement a trapping and relocation program. Wood rat nests shall not be disturbed without prior written approval from CDFW.

3.2 If construction is scheduled to begin between March 1 and August 15 of any given year, the landowner shall hire a qualified biologist to conduct a search for active bird nests in the vicinity of the work site (following CDFW survey protocols). If active bird nests are observed, the work shall be postponed until the biologist determines that all chicks have fledge the nest(s).

Building Department
Standard
The developer shall obtain any required grading and/or building permit(s) and pay applicable fees

56. The developer shall pay all applicable City development impact fees before grading and/or building permit issuance.

57. The developer shall pay school impact fees to the Scotts Valley Unified School District before building permit issuance.

58. All trades of electrical, plumbing, and mechanical will be issued under one building permit for said project (General Contractor permittee). All subcontractors shall provide their contractor’s license number and their workers compensation insurance information to the Building Department.

59. All buildings shall be designed to comply with the current California Building Code, California Mechanical Code, California Electrical Code, California Plumbing Code, California Energy Code and California Green Building Code, in effect at the time of building permit application.

60. The building permit plans must comply with the current California Plumbing and Green Building Code for water-conserving fixtures and fittings and with the CA Energy Commission Building Energy Efficiency Standards, which includes energy-saving fixtures and appliances to be used throughout the building.

61. All new construction shall comply with the California Green Building Code and the City’s current Green Building Guidelines, which requires various low-impactdevelopment and resource efficient techniques, to the satisfaction of the CDD.

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62. Structural calculations shall be submitted and wet-signed by the Engineer of record.

63. A Special Inspection form shall be submitted and the names of Special Inspectors with certifications as required shall be provided.

64. A soils report by a qualified professional) engineer shall be submitted with the application for any building permits. The developer shall submit a plan review letter from the project Geotechnical Engineer confirming that the construction documents comply with the project geotechnical engineer’s recommendations.

65. The developer shall comply with the City’s standard erosion control measures.

The plans submitted for a building permit must include best management practices (e.g. erosion control practices and procedures) during construction, which include complying with Regional Air Quality Control Board emissions for construction equipment.

66. Site drainage erosion control and foundation plans must be reviewed and approved by the soils engineer of record.

67. To ensure that City requirements are met, the developer shall specify to the Building Official the off-site disposal location of any exported soil material at a pre-construction meeting or before grading permit issuance. If the disposal site is located outside the City, the site shall be a legal facility such as a licensed landfill or permitted fill site.

68. Developer shall submit a plan showing temporary (during construction) and permanent erosion control measures will need to be submitted to the Regional Water Quality Control Board (RWQCB), the agency that administers NPDES, and the City Building Department for review and approval.

69. A completed City of Scotts Valley Construction and Waste Management Plan form shall be submitted with the Building permit application.

Grading

70. The limits of grading shall be clearly marked on the site prior to the issuance of a grading or building permit.

71. If grading in the rainy season (October 15th to April 15th) is necessary all necessary, approvals from the Building Department shall be obtained.

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72. The location of all soil to be exported shall be reviewed and approved by the Building Official prior to issuance of a grading or building permit.

73. Prior to issuance of any grading permit, the Director of Public Works and the Building Official shall confirm that the grading permit and specifications stipulate that all off‐road construction vehicles/equipment shall comply with the California Air Resources Board’s In‐Use Off‐Road Diesel Vehicle Regulation.

74. Air Quality
The following BMPs shall be included in the construction contract for the project and be implemented during site grading:
a. Excavation of the site shall be done in phases by grading only those areas where immediate activity will take place, leaving the remaining areas in their original condition with ground cover.
b. A water truck, using recycled water, shall be available on a repeated basis each day throughout the grading phase of the project to spray exposed earth surfaces.
c. In addition to regular water spraying, a biodegradable chemical palliative shall be sprayed on any graded areas that will remain exposed without additional grading for three or more days in succession. d. The site entrance shall be base rocked to avoid or minimize tracking mud on roadways by construction vehicles.
e. Roadway(s) along the project frontage shall be mechanically swept at the end of each workday when any dirt or mud has been tracked on the street. f. No grading activities shall occur during days of high wind velocity. g. Finished graded areas that are designated as open space and landscape areas of project, shall be covered with an accepted erosion control substance such as straw mulch or hydro mulch with a tackifier. h. Construction staff shall monitor daily all areas that have received a chemical palliative spray or application of mulch to determine if these areas remain in a dust-free condition and take corrective action as needed to maintain a dust-free environment.
i. Prior to issuance of any grading permit, the Director of Public Works and the Building Official shall confirm that the grading permit and specifications stipulate that all off‐road construction vehicles/equipment shall comply with the California Air Resources Board’s In‐Use Off‐Road Diesel Vehicle Regulation.

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Hazardous Materials and Hydrology

75. Stationary equipment such as motors, pumps, welding equipment shall be placed over drip pans or other containment apparatus.

76. Construction materials shall not be stockpiled or stored where they could be accidently discharged downslope or into Scotts Valley Drive.

77. Any petroleum, lubricants or other hazardous materials used during; and, construction shall be stored in a special storage location equipped with double containment and this location shall be shown on the erosion control plan and approved by the agencies that review this plan.

City Public Works Department- Engineering Division

78. A final subdivision or parcel map in conformance with the California Government A final subdivision or parcel map in conformance with the California Government Code, Section 66410 ET seq, and with the City Subdivision Ordinance, and including the conditions of the tentative subdivision map, shall be filed to the satisfaction of the Public Works Director/City Engineer.

79. All required documents, final or parcel map sheets, covenants, developer and city improvement agreements and bonds, shall be provided to the satisfaction of the Public Works Director/City Engineer prior to the recordation of any final map or application for any building permit. (Applicant should be advised that officials of Santa Cruz County, such as the Auditor-Controller, Recorder and Clerk of the Board have requirements, such as payment of taxes and present title guarantee, which precede recordation of the map.)

80. Engineered Improvement Plans shall be submitted for all on-site and off-site work and will be approved by the Public Works Director/City Engineer. On-site and off-site (encroachment) civil engineering permits must be issued by the City prior to commencing any work. Improvement Plans shall include any necessary grading, drainage, masonry retaining walls, driveway, utilities, utility pole relocation, frontage improvement and/or repair of sidewalk, curb and gutter or similar facilities required satisfying tentative map conditions to the satisfaction of the Public Works Director/City Engineer. All improvements shall conform to the design standards contained in text and illustration in the "City of Scotts Valley Standard Details", latest revision adopted by the City Council.

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81. Engineered improvement plans for all work, signed, and prepared under the direction of a registered civil engineer, shall be approved by the Public Works Director/City Engineer prior to commencing work.

82. All work in the public right-of-way will require an encroachment permit application made to the satisfaction of the Public Works Director/City Engineer. The civil on-site work, as plan reviewed by the Public Works Department, will require an on-site civil engineering permit and inspection.

83. All public improvements shall be guaranteed by written Agreement with the city, Faithful Performance Bond, and Labor and Material men's Bond, to the satisfaction of the Public Works Director/City Engineer.

84. All signing and striping shall be approved and completed as required by the Public Works Department, and shall be in conformance with current editions of Transportation and Traffic Engineering Handbook, by the Institute of Transportation Engineers, and the State Department of Transportation "Standard Specifications".

85. The project shall connect to the sanitary sewer system and existing septic systems, if any, shall be properly abandoned.

86. Applicant shall construct storm drain facilities in conformance with data and analysis in the adopted City of Scotts Valley Storm Drain Master Plan, December 1989 and in accordance with the city’s SWMP Ordinance No. 184.1.

87. Stormwater Management Plan:

A registered civil engineer shall provide storm (hydrologic and hydraulic) calculations for appropriate storm drain facilities to control on-site drainage and mitigate off-site impacts. The design shall follow the criteria contained in the City of Scotts Valley Standard Details and the data and analysis contained in the latest adopted City of Scotts Valley Storm Drainage Master Plan.

Development shall not increase the rate of flow (cubic feet per second) or velocity (feet per second) of site run-off water to any off-site drainage areas beyond the measured or calculated pre-project rate and velocity.

See the Stormwater Technical Guide on the Scotts Valley City website for requirements and formatting under Public Works.

DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 16 of 17

88. Impervious area must be shown on coversheet.

89. Dedication of land for Park and Recreational Purposes:

Applicant shall comply with be aware of Muni Code Chapter 16.35 – Dedication of land for Park and Recreation Purposes. Applicant can find the Code of Ordinance on the City of Scotts Valley Website, under Municipal Code.

90. Applicant shall pay the cost to accomplish the utility design and construction to underground the telephone, electric power, and television cables in each project contained easement, private or public road frontage. This under grounding of utilities to remove utility poles comes in addition to the state required under grounding of transmission for the project and any new service connections.

91. The final map shall be submitted to the City's Public Works Department on an AutoCAD drawing version 2018 LT or earlier electronic version prior to recording.

92. Applicant shall submit electric files for all civil plans for review and As-Builts when project is completed in both paper and electronic file.

93. Applicant shall submit a completed "segregation of assessment" form for each assessment district in which the subdivision participates.

94. Prior to the filing of the final/parcel map, applicant shall contact the Santa Cruz County Assessor's Office or the Local Agency Formation Commission (LAFCO) to ensure that the subdivided property is within a single tax code.

95. The applicant shall repair any damage caused to the City streets [or the private roadway] by applicant or its contractors, consultants, and/or employees prior to issuance of a certificate of occupancy. A videotape log, DVD format, clearly showing the existing condition of [the applicable street] to the project site shall be presented to the Department of Public Works prior to the start of construction. Applicant is advised that, absent clear video evidence to the contrary, road damage must be repaired to the satisfaction of the City prior to issuance of a certificate of occupancy. Damage assessment will be at the sole discretion of the City.

DEPARTMENT OF PUBLIC WORKS -PARKS AND RECREATION DIVISION

96. The developer shall comply with SVMC chapter 16.35, dedication of land for DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666

Bay Village Planned Development City Council Resolution No.1997.1 Erba Lane (no situs) Exhibit A - Conditions of Approval APNs 022-481-18 & 22 PD19-001, DR19-005
June 16, 2021 Page 17 of 17
parks and recreational purposes. Any fees shall be paid prior to issuance of a grading and/or building permit.

FIRE DEPARTMENT

54. This project shall comply with the California Fire Code as amended by the Scotts Valley Fire Protection District

55. The emergency vehicle turnaround shall be clearly marked with red curbs and no parking signs pursuant to Fire Department standards.
____________________________________________________________________________________ Name and Signature of Property Owner, Larry Abitbol Date DocuSign Envelope ID: 2EB58590-8251-4C42-B68F-BC45EB1D8666 8/24/2021

RESOLUTION NO. 1555-SP-035

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY

ORDERING AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS THEREIN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972

SKYPARK OPEN SPACE MAINTENANCE DISTRICT
RESOLVED, by the City Council of the City of Scotts Valley, California, that, WHEREAS, pursuant to Resolution No. 1555-SP-07, ordering formation of territory into an Open Space Maintenance Assessment District and authorizing the levy and collection of assessments, adopted on the 6th day of December 1995 by the City Council pursuant to the Landscaping and Lighting Act of 1972, as amended, the Engineer of Work of said City has filed with the City Clerk the written report called for under said Act and by said Resolution No. 1555-SP-07, which report has been presented by said Engineer of Work to this Council and this Council has preliminarily approved and confirmed said report by its Resolution No. 1555-SP-03, adopted October 18, 1995, and ordered that the same stand as the report for the purpose of all subsequent proceedings pursuant to said Resolution No. 1555-SP-03; and
WHEREAS, June 7, 2023 at the hour of 6:00 o’clock p.m. and June 21, 2023 at the hour of 6:30 o'clock p.m., in the regular meeting place of said Council, Council Chambers, One Civic Center Drive, Scotts Valley, California, was appointed and fixed as the time and place of public hearings to act upon the Engineer's Report and Resolution No. 1555-SP-035; and
WHEREAS, the City Clerk gave notice of said hearings by publication once a week for two weeks in the local newspaper published and circulated in said City, and by mailing or causing to be mailed notice of the adoption of said Resolution and of the filing of said report, postage prepaid, at least ten days before the date set for hearings of said protests, to all persons owning real property to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto or as known to the City Clerk, which notice contained a statement of the time, place and purpose of the hearings and a statement of the total estimated cost of said proposed maintenance and improvements, the amount as shown by said report to be assessed against the particular parcel covered by the notice, together with a statement that any person interested may file a protest in writing as provided in said Act; and
WHEREAS, all written protests and other written communications were read by the Council and are on file with the Clerk and all persons desiring to be heard were fully heard.

NOW, THEREFORE, IT IS ORDERED, as follows:

1. That protests against said maintenance of improvements and levy of assessments were not signed by the owners of a majority or more of the area of the lands within the assessment district assessed for the costs and expenses of said work.

2. That said protests be, and each of them are, hereby overruled.

3. That the owners of one-half (1/2) or more of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearings, file written protests against the said proposed maintenance and improvements as a whole, or against said district or the extent thereof to be assessed for the costs and expenses of said maintenance and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof.

4. That the district benefitted by said maintenance and improvements are to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described in said Resolution No. 1555-SP-07 and made a part hereof by reference thereto. That all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said maintenance and improvements.

5. That the Engineer's estimate of the itemized and total costs and expenses in connection therewith, contained in said Report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said maintenance of improvements.

6. That the public interest and convenience require and said Council does hereby order the maintenance of improvements to be made as described in and in accordance with said Resolution No. 1555-SP-07 on file in the office of the Clerk, reference to which is hereby made for a more particular description of said maintenance of improvements, and also for further particular pursuant to the provisions of said Landscaping and Lighting Act of 1972.

7. That the diagram showing the assessment district referred to and described in said Resolution No. 1555-SP-07, and also the boundaries and dimensions of the respective subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said maintenance of improvements.

8. That the assessment of the total amount of the costs and expenses of the proposed maintenance of improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions, respectively from said maintenance of improvements, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said maintenance of improvements.

9. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole.

10. That the Clerk shall forthwith deliver to the Superintendent of Streets said assessment as confirmed by this Council with his/her certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his/her office in a suitable book to be kept for that purpose, and append thereto his/her certificate for the date of such recording, and such recordation shall be and constitute the assessment roll herein.

11. Proceedings shall be taken by this Council pursuant to said Act for any fiscal year during which an assessment is to be levied and collected within said district.

12. The Clerk of this City be, and is hereby, authorized and directed to file a certified copy of this resolution with the County Auditor of Santa Cruz County.

I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Scotts Valley, California, at a regular meeting thereof held on the 21st day of June, 2023, by the following vote of the members thereof:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

ENGINEER'S REPORT
Fiscal Year 2023-2024

SKYPARK OPEN SPACE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
Tract No. 1380

CITY OF SCOTTS VALLEY
Santa Cruz County, California
Jack Dilles
Mayor
Randy Johnson Derek Timm
Vice Mayor Council Member
Donna Lind Allan Timms
Council Member Council Member
Mali LaGoe
City Manager
Christopher Lamm RCE 82461
Public Works Director / City Engineer

Skypark Open Space Maintenance Assessment District No. 1

ASSESSMENT
Fiscal Year 2023-2024
WHEREAS, on October 18, 1995, the City Council of the City of Scotts Valley, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution No. 1555-SP-01, determining to initiate proceedings for the establishment of an assessment district to be known as the "Skypark Open Space Maintenance Assessment District No. 1", more particularly therein described; and WHEREAS, Resolution No. 1555-SP-25 appointed the City Engineer as Engineer of Work and directed the preparation and filing of an Engineer's Report presenting plans of the improvements to be maintained, a diagram for the assessment district, an estimate of cost for maintenance and servicing thereof, and an assessment of the estimated costs upon all assessable lots or parcels within the assessment district, to which resolutions reference is hereby made for further particulars.

NOW, THEREFORE, I, Christopher Lamm, RCE 82461, Public Works Director/City Engineer of said City of Scotts Valley, hereby make the following assessment to cover the portion of the estimated cost of the maintenance and servicing of the proposed improvements, including the costs and expenses incidental thereto, to be paid by the assessment district.

The amount to be paid for said maintenance and servicing of the proposed improvements, including the costs and expenses incidental thereto; to be paid by the assessment district for the fiscal year 2023-2024 is as follows:

Engineer's Estimate: $41,750.60
And I do hereby assess and apportion said portion of said total amount of the costs and expenses of said maintenance and servicing of the proposed improvements, including the costs and expenses incidental thereto, upon the several lots, pieces, or parcels or portions of lots of land liable therefore and benefitted thereby, and hereinafter numbered to correspond with the numbers upon the diagram, upon each, severally and respectively, in proportion to the benefits to be received by such lands respectively, from the maintenance hereto attached and by reference made a part hereof.

As required by said Act, a diagram is recorded in official records of the County of Santa Cruz showing the assessment district and also boundaries and dimensions of the respective lots or parcels of land within said assessment district generally described as the same existed at passage of said Resolution No. 1555-SP-01.

Said assessment is made upon the several lots or parcels of land within said assessment district in proportion to the estimated benefits to be received by said lots or parcels respectively, from the maintenance and servicing of the improvements. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property.

I hereby place opposite the number of each lot or parcel of land assessed, the amount assessed thereon and the number of the assessment. Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the Assessor's Maps of the County of Santa Cruz for the fiscal year 2023-2024 to the right of the parcel numbers and includes all of such parcels.
_______________________ ________________________________________ Date Christopher Lamm, RCE 82461
Public Works Director / City Engineer

DESCRIPTION OF WORK
Skypark Open Space Maintenance Assessment District No. 1

1. Maintaining and servicing of landscaping, vegetation and open space, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty thereof, including cultivation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, and water for the irrigation thereof.

2. Maintaining and servicing of decorative fencing, exercise par course and signage thereon, electronically controlled gates, and other ornamental structures and facilities, including the cost of repair, reconstruction, removal, or replacement of all or any part thereof.

3. Repair or replacement, including the installation and construction thereof, of hardscaping, including damaged curbs, gutters, walls, sidewalks, paving, water, irrigation systems, drainage, lighting, or electric facilities appurtenant to any of the improvements referenced in paragraphs 1 and 2 above, or which are necessary or convenient for the maintenance or servicing of said improvements.

4. The improvements referenced above are all within the boundaries of parcels 14, 15, 16, 17, as shown on Final Map, Tract No. 1355, Skypark, recorded in the official records of Santa Cruz County in the Book of Maps, Volume 89, Page 14, and within the boundaries of parcels A and B as shown on Final Map, Tract No. 1380, California Skypark, recorded in the official records of Santa Cruz County in the Book of Maps, Volume 89, Page 15 (hereinafter referred to as Final Maps).

5. The cost of slope subsidence/stability insurance or a self-insurance fund for any and all slope failures within the boundaries of parcels 14, 15, 16, 17, A and B as shown on the aforesaid Final Maps.

6. The maintenance, repair or replacement of such other facilities as may be appurtenant to the foregoing or which are necessary or convenient for the maintenance or servicing thereof.

SKYPARK OPEN SPACE
MAINTENANCE ASSESSMENT DISTRICT NO. 1
Engineer's Estimate
Fiscal Year 2023-2024

BENEFIT ASSESSMENT
The budget for the costs and expenses of maintaining and operating any and all of said public improvements for fiscal year 2023-2024 is as follows:

MAINTENANCE

1. Maintenance contract
a. Linear Trail Open Space (K&D Landscaping) $ 25,587.77 b. Greenbelt Maintenance (Brightview Landscaping) $ 7,340.32 b. Water Cost - Greenbelts $ 19,400.00
c. Utilities (PG&E) $ 600.00
Subtotal $ 52,928.09
Total maintenance cost (12-month period)

INSURANCE

1. Self-Insurance Fund for Park Slope/Bluff Area $ 0.00

INCIDENTALS

1. City administration (10% Overhead) $ 5,292.80

Total Costs $ 58,220.89
General Fund Contribution ($ 16,470.29)

BALANCE TO ASSESSMENT $ 41,750.60

RULES OF SPREADING ASSESSMENTS

1. District is to be assessed for all costs associated with the maintenance and servicing of the landscaping, hardscaping and appurtenant improvements within parcels 14, 15, 16, 17, as shown on Final Map, Tract No. 1355, Skypark, recorded in the official records of Santa Cruz County in the Book of Maps, Volume 89, Page 14, and within the boundaries of parcels A and B as shown on Final Map, Tract No., 1380, California Skypark, recorded in the official records of Santa Cruz County in the Book of Maps, Volume 89, Page 15.

2. Total costs shall be apportioned to all parcels within the district boundaries in accordance with the benefit derived from the landscaping improvements.

3. The benefit derived has been determined to be equal for all parcels.

Certificates

I, Cathie Simonovich, City Clerk of the City of Scotts Valley, hereby certify that the foregoing assessment roll, in the amount set forth, was filed with me on ___________________.
_______________________________
Cathie Simonovich, City Clerk
I, Christopher Lamm, Public Works Director / City Engineer of the City of Scotts Valley, do hereby certify that the amounts set forth under the Engineer's Estimate on Page 1 of the Assessment, and the individual amounts on the foregoing pages of the Assessment have been computed in accordance with the order of the City Council of said City of Scotts Valley, as expressed by Resolution No. 1555-SP-034, duly adopted by said City Council on June 21, 2023.
________________________________
Christopher Lamm, RCE 82461
Public Works Director / City Engineer
I, Cathie Simonovich, City Clerk of the City of Scotts Valley, hereby certify that the foregoing assessment, in the amount set forth in the Engineer's Estimate on Page 1 of the Assessment, was approved and confirmed by the City Council of the City of Scotts Valley on __________________.
_________________________________
Cathie Simonovich, City Clerk
The Assessment was filed in the office of the County Auditor of the County of Santa Cruz, California, on __________________.
__________________________________
Cathie Simonovich, City Clerk
I HEREBY CERTIFY that the enclosed Engineer's Report and Assessment was recorded in my office on ___________________.

Public Works Director / City Engineer
Scotts Valley, Santa Cruz County, California
By ________________________________
Christopher Lamm
SKYPARK OPEN SPACE MAINTENANCE ASSESSMENT DISTRICT NO. 1

ASSESSMENT ROLL
Ass. Assessor's Assessment
No. Parcel No. Property Owner Amount
______________________________________________________________________ 1001 22-691-01 Mario Guerrero Magno & Marife Arcinas $ 219.74 1002 22-691-02 Jyri Virkki $ 219.74
1003 22-691-03 Christopher & Dianne Wong $ 219.74
1006 22-691-06 Anna Kesler-Diaz $ 219.74
1007 22-691-07 Upendra Choudhary $ 219.74
1008 22-691-08 Brian D. & Teresa M. Hallin Trustees $ 219.74 1009 22-691-09 Soon K. & Young H. Yuh $ 219.74
1010 22-691-10 Michael Mark Goodwin $ 219.74
1011 22-691-11 Jaime & Emily Rakow $ 219.74
1012 22-691-12 Jeremy & Lori Gentile $ 219.74
1013 22-691-13 Clarence W. Jr. & Maureen A. Mezzell $ 219.74 1014 22-691-14 Robert L Hambelton $ 219.74
1015 22-691-15 Gillian McGlaze $ 219.74
1016 22-691-16 Matthew D & Spring V Babb $ 219.74
1017 22-691-17 Dan Joe Aspromonte Trustee $ 219.74
1018 22-691-18 Willie D. & Lisa J. Lu Trustees $ 219.74 1004 22-691-20 Jose F. & Heather T. Lomba $ 219.74
1005 22-691-21 Christian Life Center First Assembly of $ 219.74 1144 22-692-01 Deandre & Karen James $ 219.74
1145 22-692-02 Jeanette E. Anderson $ 219.74
1146 22-692-03 Jann L. Smart $ 219.74
1147 22-692-04 Carl Gyllenhammer $ 219.74
1148 22-692-05 Mark McWhinney $ 219.74
1149 22-692-06 Hin F. Boen et al $ 219.74
1150 22-692-07 Peter K. Thompson $ 219.74
1151 22-692-08 Edward J. & Karen E. McNamara $ 219.74
1152 22-692-09 Guadalupe & Sarah De Leon $ 219.74
1153 22-692-10 Jeffrey Allen Ott $ 219.74
1154 22-692-11 Owen Ward $ 219.74
1177 22-692-12 Alexandra Michelle-Conway & Michael Lomas $ 219.74 1178 22-692-13 Johnny Mon et al $ 219.74
1179 22-692-14 Yuriko Yamasaki $ 219.74
1180 22-692-15 David R & Melissa Zieper $ 219.74
1181 22-692-16 John C. & Kassi L. Van Lanen $ 219.74
1182 22-692-17 Sarah E. Christensen $ 219.74
1183 22-692-18 Robert Kurt Molholm $ 219.74
1184 22-692-19 Henry J. Kondrat et al $ 219.74
1185 22-692-20 Tuo Chen $ 219.74
1186 22-692-21 David J. Albano $ 219.74
1187 22-692-22 Anjna & Kamaljit Mann $ 219.74

1188 22
-692-23 Charles D Berg $ 219.74
1189 22-692-24 Peter Svensson $ 219.74
1190 22-692-25 Eric P. & Julie A. Miller $ 219.74
1107 22-693-01 Vincent & Samantha Auvray $ 219.74
1108 22-693-02 Catherine Hope & Gregory L. Horvath $ 219.74 1109 22-693-03 Mary Patricia & David Dorsey $ 219.74
1110 22-693-04 Brandon Charles & Nicole Sarah Finstad $ 219.74 1137 22-693-05 Shelley Noh $ 219.74
1138 22-693-06 Scott & Lisa M. MacGowan $ 219.74
1139 22-693-07 Ping Fai Ben Li et al $ 219.74
1140 22-693-08 Hubert Hudson Burroughs $ 219.74
1141 22-693-09 Sylvia P. Morrison $ 219.74
1142 22-693-10 David and Josie Texidor $ 219.74
1143 22-693-11 Jeffrey Kennedy & Jennifer Leigh Wade $ 219.74 1019 22-701-01 Sheryl Ann McEwan $ 219.74
1020 22-701-02 Clark P. & Sarah N. Winn $ 219.74
1021 22-701-03 David R. & Cheryl R. Schneider $ 219.74
1022 22-701-04 Andrew Seppy Bloom et al $ 219.74
1023 22-701-05 Mary Simpson $ 219.74
1024 22-701-06 Christopher S. Thomas $ 219.74
1025 22-701-07 James V. & Lea K. Reed $ 219.74
1026 22-701-08 Andrew Jacob Ringer $ 219.74
1027 22-701-09 Kevin & Julie L. Burnett $ 219.74
1028 22-701-10 Linda Lloyd Fisher Trustee et al $ 219.74 1029 22-701-11 Carolyn A. Nicholson $ 219.74
1030 22-701-12 Jason & Sandra Malone $ 219.74
1031 22-701-13 Roderick A. & Cheryle M. Brownfield $ 219.74 1032 22-701-14 Jessica I. Puccinelli $ 219.74
1033 22-701-15 Kendall Q. & Marisela Maria Sullivan $ 219.74 1176 22-702-01 Sergey Kataev $ 219.74
1175 22-702-02 Francis J. III & Bridget E. Gramkowski $ 219.74 1174 22-702-03 Karl R. & Marsha J. Landgraf $ 219.74
1173 22-702-04 James S. Szabo et al $ 219.74
1172 22-702-05 Roman Efimov $ 219.74
1171 22-702-06 Terrence A. & Megan A. O'Toole $ 219.74
1170 22-702-07 William Scholtz $ 219.74
1169 22-702-08 Janet Elizabeth Barber $ 219.74
1168 22-702-09 Justin J. & Sara R. Kiesby $ 219.74
1167 22-702-10 Debbie P. Dizon $ 219.74
1166 22-702-11 Charles E. Schmuck Trustee $ 219.74
1165 22-702-12 Steven & Kathleen F. Gullickson $ 219.74 1164 22-702-13 Dale R. Henry et al $ 219.74
1163 22-702-14 Brian & Michiyo Johnston $ 219.74
1162 22-702-15 Eric & Beth Seib $ 219.74
1161 22-702-16 Kimberly M. Clark $ 219.74
1160 22-702-17 Amanda Danner $ 219.74

1159 22
-702-18 Brian P. & Stacey G. Costello Trustees $ 219.74 1158 22-702-19 Gayathri Balaji $ 219.74
1157 22-702-20 Barry Young $ 219.74
1156 22-702-21 James Ray Jr. & Heather Lewis Sebring $ 219.74 1155 22-702-22 Nathan & Jodie Fillhardt $ 219.74
1134 22-702-26 Robert D. & Jayne E. Scott $ 219.74
1133 22-702-27 Mark T. & Helen L. Youmans $ 219.74
1132 22-702-28 Maria C. Torchio-Gauthier et al $ 219.74 1131 22-702-29 Sadra Emami $ 219.74
1115 22-702-30 Stephen R. Morairty $ 219.74
1114 22-702-31 The Salvation Army $ 219.74
1113 22-702-32 Stephen P. & Kristina N. Dinwiddie $ 219.74 1112 22-702-33 Jason P. & Amy M. Ivey $ 219.74
1111 22-702-34 Gavin J. & Jane F. Melford Trustees $ 219.74 1135 22-702-36 Cesar & Jacqueline DeSantos $ 219.74
1136 22-702-37 Douglas G. & Susan Diane Morey $ 219.74
1105 22-703-01 Araceli Henley $ 219.74
1106 22-703-02 Fazlul & Rokhsana B. Quader $ 219.74
1073 22-703-03 John Lau et al $ 219.74
1072 22-703-04 James E. & Deborah L. Nieters $ 219.74
1129 22-711-01 Craig W. & Kathleen M Adams Trustees $ 219.74 1128 22-711-02 Jordan & Jessica Boschen $ 219.74
1127 22-711-03 Lisa M Newton $ 219.74
1126 22-711-04 Gregory Allen Rexelle $ 219.74
1125 22-711-05 Peter C. Lombrozo et al $ 219.74
1124 22-711-06 William & Joanne Thompson $ 219.74
1123 22-711-07 Philip W. Crowley $ 219.74
1122 22-711-08 Tavin B & Kristina M. Lanpheir $ 219.74
1121 22-711-09 Thomas M. Carli & Margaret Walsh $ 219.74 1120 22-711-10 Jakko M. Kleijnen et al $ 219.74
1119 22-711-11 John B. & Susan A. Ledingham $ 219.74
1118 22-711-12 Brian J. & Valerie E. Kindell $ 219.74
1117 22-711-13 Kaylon M. & John A. Northington $ 219.74 1100 22-711-14 Kim & John M. Lariviere $ 219.74
1099 22-711-15 Henry R. & Stephanie A. Knight $ 219.74
1098 22-711-16 Donald G. II & Tamera L. Melrose $ 219.74 1097 22-711-17 Sandra Holland et al $ 219.74
1096 22-711-18 Deant A. & Marina P. Earl $ 219.74
1095 22-711-19 Craig Moorhead $ 219.74
1094 22-711-20 Omeed M. & Traci L. Ghaffarian $ 219.74
1093 22-711-21 April N. & Stephen A. Clarke $ 219.74
1092 22-711-22 Steven & Kierstin L. Trefethen $ 219.74
1091 22-711-23 Gareth & Karen S. Egerton $ 219.74
1090 22-711-24 Srinivasan & Hemamalini Sathish $ 219.74 1089 22-711-25 Clark & Debra Patteson Trustees $ 219.74 1088 22-711-26 Tom Evenson Survivors Trust $ 219.74

1087 22
-711-27 Mark R. & Marna S. Scarr Trustees $ 219.74
1086 22-711-28 Ursula T. Christiansen $ 219.74
1085 22-711-29 John D. Gullory & Suzanne Herrera $ 219.74 1084 22-711-30 Kim & Michael Cushing $ 219.74
1083 22-711-31 James D. Neef et al $ 219.74
1082 22-711-32 Alan & Laurie Okamura $ 219.74
1081 22-711-33 Sudesh Shetty Kodialbail et al $ 219.74
1080 22-711-34 Gerald E. Beyke $ 219.74
1079 22-711-35 Matthew & Marina M. Ward $ 219.74
1078 22-711-36 Keith & Jennifer Chomentowski $ 219.74
1130 22-711-38 Kevin Tien $ 219.74
1116 22-711-39 Barry W. Prentiss $ 219.74
1101 22-711-40 Richard P. Des Jardin Trustee et al $ 219.74 1102 22-711-41 Daniel Marhenke Peterson $ 219.74
1103 22-711-42 Kevin J. & Valerie W. Lenahan $ 219.74
1104 22-711-43 Susan Hanlock Chapman $ 219.74
1074 22-711-44 Larry D. & Rebecca C. Mosley $ 219.74
1075 22-711-45 Valerie Trunecek $ 219.74
1076 22-711-46 Todd & Michelle Riddle $ 219.74
1077 22-711-47 Jenny & Jefferson Delacruz $ 219.74
1034 22-712-01 Matthew A. & Gretchen K. Clark$ 219.74
1035 22-712-02 Claude H. & Cynthia M. Lopez $ 219.74
1036 22-712-03 Christopher W. Bensen & Tara Dalton $ 219.74 1037 22-712-04 Jeffrey L. Gee et al $ 219.74
1038 22-712-05 Emir & Denise Gurer $ 219.74
1039 22-712-06 Goran & Susan Domitrovic $ 219.74
1040 22-712-07 Milind Mohan Hirlekar $ 219.74
1041 22-712-08 Shaun Shahram & Habibeh Deyhim $ 219.74
1042 22-712-09 Robert J. Romero et al $ 219.74
1043 22-712-10 Kimberly A Brosseau $ 219.74
1044 22-712-11 Rodney W. & Christine E. Stanton $ 219.74 1045 22-712-12 Clifford & Lily Dong Trustees $ 219.74
1046 22-712-13 Tomas & Tereza Knappek $ 219.74
1047 22-712-14 Donald L. & Paula K. Cardoza Trustees $ 219.74 1048 22-712-15 Lee & Diane D. Basilotta $ 219.74
1049 22-712-16 Alan Van Wambeck Trustee et al $ 219.74
1050 22-712-17 Carlos S & Roberta N Camilo Denilson $ 219.74 1051 22-712-18 The Salvation Army $ 219.74
1052 22-712-19 Andrea Banzi & Amelia Louis e Jensen $ 219.74 1053 22-712-20 Mark Alan Newton et al $ 219.74
1054 22-712-21 Donald J. Hutchison Trustee $ 219.74
1071 22-713-01 Gary D. Thomsen $ 219.74
1070 22-713-02 Sheldon N. Rosell $ 219.74
1069 22-713-03 Jeffrey S. & Susan Leigh Rosell $ 219.74 1068 22-713-04 Daryl & Claire Spitzer $ 219.74
1067 22-713-05 Scott M. & Lailah Mueting $ 219.74

1066 22-713-06 Elsa Marmolejo $ 219.74
1065 22-713-07 Manish N. & Alpa M. Patel $ 219.74
1064 22-713-08 Justin R. Rishoff $ 219.74
1063 22-713-09 John Roman Mueller $ 219.74
1062 22-713-10 Christine & Nicholos Hutton $ 219.74
1061 22-713-11 Thomas M. & Barbara R. Evenson $ 219.74
1060 22-713-12 Mark & Vicki C. Teixeira $ 219.74
1059 22-713-13 William J. Simons $ 219.74
1058 22-713-14 Casey G. & Betty Nicole Peterson $ 219.74 1057 22-713-15 Wilma M. Caldwell $ 219.74
1056 22-713-16 Mallory & Lance Walkup $ 219.74
1055 22-713-17 Matthew R. Hakimi Trustee $ 219.74
TOTAL ASSESSMENTS $ 41,750.60

AGENDA ITEM 3.

DATE: 6/21/2023
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: 6/21/2023
TO: Honorable Mayor and City Council
FROM: Chris Lamm, Public Works Director
APPROVED: Mali LaGoe, City Manager
SUBJECT: Pinewood Estates Landscape Maintenance Assessment District

SUMMARY OF ISSUE
On July 15, 1987, Resolution 1213 was adopted by City Council to form the referenced assessment district pursuant to the Landscape and Lighting Act of 1972. The District improvements, which generally consist of ornamental landscaping, irrigation equipment, signs, fences, and storm detention ponds, were dedicated to the City by the developer of Pinewood Estates subdivision. These improvements were planted/constructed in the right-of-way of Lockewood Lane and in landscaping easements from the subdivision. The district participants are the twenty-five Pinewood Estates homeowners, who are being assessed for the cost of maintaining the improvements.

The District special fund is annually depleted and the owners reassessed each year. Attached is the Engineer’s Report establishing the assessments this year at $240 per unit, the same as last year’s, for total revenue of $6,000.

As required, all 25 owners were notified of the June 7, 2023 public meeting and the June 21, 2023 public hearing via mail. The assessor’s role is used to obtain the current name and address of each property owner to be notified of the proceedings. The purpose of the public meeting is to receive public testimony from the affected property owners regarding the assessment. No other action is necessary.

This public hearing is being held to receive additional testimony from property owners, overrule any protests received, if appropriate, approve the FY 2023-24 Annual Engineer’s Report, and adopt Resolution No. 1213.37.

FISCAL IMPACT
Costs associated with the maintenance and repair of the assessed area are funded through an assessment district. The established assessment amount is $240 per unit/parcel, generating approximately $6,000 annually.

STAFF RECOMMENDATION

AGENDA ITEM 3.

DATE: 6/21/2023
It is recommended that the City Council hold a public hearing, overrule any protests received, approve the FY 2023-24 Annual Engineer’s Report, and approve Resolution No. 1213.37 ordering and authorizing the levy and collection of assessments therein pursuant to the Landscaping and Lighting Act of 1972 for the Pinewood Estates Landscaping Maintenance District

TABLE OF CONTENTS

1. 2023-24 Pinewood Resolution 1213.37

2. 2023-24 Pinewood Annual Engineer's Report

RESOLUTION NO. 1213.37

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY

ORDERING AND AUTHORIZING THE LEVY AND COLLECTION OF ASSESSMENTS THEREIN PURSUANT TO THE LANDSCAPING AND LIGHTING ACT OF 1972

PINEWOOD ESTATES LANDSCAPE MAINTENANCE DISTRICT
RESOLVED, by the City Council of the City of Scotts Valley, California, that:

WHEREAS, pursuant to Resolution No. 1192, a Resolution of Public Interest and Convenience to Form a Landscaping Maintenance District and Ordering Preparation of an Engineer's Report adopted on the 4th day of February, 1987, by the City Council pursuant to the Landscaping and Lighting Act of 1972, as amended, the Engineer of Work of said City has filed with the City Clerk the written report called for under said Act and by said Resolution No. 1192, which report has been presented by said Engineer of Work to this Council and this Council has preliminarily approved and confirmed said report by its Resolution No. 1213, adopted July 15, 1987, and ordered that the same stand as the report for the purpose of all subsequent proceedings pursuant to said Resolution No. 1213.

WHEREAS, June 7, 2023 at the hour of 6:00 o’clock p.m. and June 21, 2022 at the hour of 6:30 o'clock p.m., in the regular meeting place of said Council, Council Chambers, One Civic Center Drive, Scotts Valley, California, was appointed and fixed as the time and place of public hearings to act upon the Engineer's Report and Resolution No. 1213.37.

WHEREAS, the City Clerk gave notice of said hearings by publication once a week for two weeks in the local newspaper published and circulated in said City, and by mailing or causing to be mailed notice of the adoption of said Resolution and of the filing of said report, postage prepaid, at least ten days before the date set for hearings of said protests, to all persons owning real property to be assessed, whose names and addresses appear on the last equalized assessment roll for County taxes prior thereto or as known to the City Clerk, which notice contained a statement of the time, place and purpose of the hearings and a statement of the total estimated cost of said proposed maintenance and improvements, the amount as shown by said report to be assessed against the particular parcel covered by the notice, together with a statement that any person interested may file a protest in writing as provided in said Act.

WHEREAS, all written protests and other written communications were read by the Council and are on file with the Clerk and all persons desiring to be heard were fully heard.

NOW, THEREFORE, IT IS ORDERED, as follows:

1. That protests against said maintenance of improvements and levy of assessments were not signed by the owners of a majority or more of the area of the lands within the assessment district assessed for the costs and expenses of said work.

2. That said protests be, and each of them are, hereby overruled.

3. That the owners of one-half (1/2) or more of the area to be assessed for the cost of the project did not, at or prior to the time fixed for said hearings, file written protests against the said proposed maintenance and improvements as a whole, or against said district or the extent thereof to be assessed for the costs and expenses of said maintenance and improvements as a whole, or as to the Engineer's estimate of said costs and expenses, or against the maps and descriptions, or against the diagram or assessment to pay for the costs and expenses thereof.

4. That the district benefitted by said maintenance and improvements are to be assessed to pay the costs and expenses thereof, and the exterior boundaries thereof are more particularly described in said Resolution Nos. 1192 and 1213 and made a part hereof by reference thereto. That all public streets and highways within said assessment district in use in the performance of a public function as such shall be omitted from said district and from the levy and collection of the special taxes to be hereafter levied and collected to cover the costs and expenses of said maintenance and improvements.

5. That the Engineer's estimate of the itemized and total costs and expenses in connection therewith, contained in said Report, be, and it is hereby, finally adopted and approved as the Engineer's total and detailed estimate of the costs and expenses of said maintenance of improvements.

6. That the public interest and convenience require and said Council does hereby order the maintenance of improvements to be made as described in and in accordance with said Resolution Nos. 1192 and 1213 on file in the office of the Clerk, reference to which is hereby made for a more particular description of said maintenance of improvements, and also for further particular pursuant to the provisions of said Landscaping and Lighting Act of 1972.

7. That the diagram showing the assessment district referred to and described in said Resolution No. 1192 and 1213, and also the boundaries and dimensions of the respective subdivisions having been given a separate number upon said diagram, as contained in said report, be, and it is hereby, finally approved and confirmed as the diagram of the properties to be assessed to pay the costs and expenses of said maintenance of improvements.

8. That the assessment of the total amount of the costs and expenses of the proposed maintenance of improvements upon the several subdivisions of land in said district in proportion to the estimated benefits to be received by said subdivisions,

respectively from said maintenance of improvements, and of the expenses incidental thereto, contained in said report, be, and the same is hereby, finally approved and confirmed as the assessment to pay the costs and expenses of said maintenance of improvements.

9. That said Engineer's Report be, and the same is hereby, finally adopted and approved as a whole.

10. That the Clerk shall forthwith deliver to the Superintendent of Streets said assessment as confirmed by this Council with his/her certificate of such confirmation thereto attached and of the date thereof; and that said Superintendent of Streets shall record said diagram and assessment in his/her office in a suitable book to be kept for that purpose, and append thereto his/her certificate for the date of such recording, and such recordation shall be and constitute the assessment roll herein.

11. Proceedings shall be taken by this Council pursuant to said Act for any fiscal year during which an assessment is to be levied and collected within said district.

12. The Clerk of this City be, and is hereby, authorized and directed to file a certified copy of this resolution with the County Auditor of Santa Cruz County.

I hereby certify that the foregoing resolution was duly and regularly adopted and passed by the City Council of the City of Scotts Valley, California, at a regular meeting thereof held on the 21st day of June 2023, by the following vote of the members thereof:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

ANNUAL ENGINEER'S REPORT
Fiscal Year 2023-2024

PINEWOOD ESTATES

LANDSCAPING MAINTENANCE DISTRICT
Tract No. 1121
City of Scotts Valley
Santa Cruz County, California
Jack Dilles
Mayor
Randy Johnson Derek Timm
Vice Mayor Council Member
Donna Lind Allan Timms
Council Member Council Member
Mali LaGoe
City Manager
Christopher Lamm, RCE 82461
Public Works Director / City Engineer

ASSESSMENT
Fiscal Year 2023-2024
WHEREAS, on February 4, 1987, the City Council of the City of Scotts Valley, California, pursuant to the provisions of the Landscaping and Lighting Act of 1972, adopted its Resolution No. 1192, determining to undertake proceedings for the establishment of an assessment district to be known as the "Pinewood Estates Landscaping Maintenance District", more particularly therein described; and WHEREAS, on July 15, 1987, the City Council of the City of Scotts Valley, California adopted Resolution No. 1213 primarily approving and confirming the written report by the Engineers of Work called for under said Act, and ordered that the same stand as the report for the purpose of all subsequent proceedings had pursuant to said Resolution No. 1213; and
WHEREAS, on August 17, 1988, the City Council of said City of Scotts Valley adopted Resolution No. 1213.1 setting a time and place of hearing protest on levy of assessments pursuant to said Act; and
WHEREAS, on September 7, 1988, the City Council of said City of Scotts Valley adopted Resolution No. 1213.2 ordering and authorizing the levy and collection of assessments therein pursuant to the said Act; and
WHEREAS, the proceedings under said Act require an annual engineers report to be prepared and filed in the same way as the report for the formation of the district for each year in which an assessment is to be levied.

NOW, THEREFORE, I, Christopher Lamm, RCE 82461, Public Works Director/City Engineer of said City of Scotts Valley, hereby make the following assessment to cover the portion of the estimated cost of the maintenance and servicing of the proposed improvements, including the costs and expenses incidental thereto, to be paid by the assessment district.

The amount to be paid for said maintenance and servicing of the proposed improvements, including the costs and expenses incidental thereto, to be paid by the assessment district for the fiscal year 2023-2024 is as follows:

Engineer's Estimate: $6,764.00
Amount to be Assessed: $6,000.00
And I do hereby assess and apportion said portion of said total amount of the costs and expenses of said maintenance and servicing of the proposed improvements, including the costs and expenses incidental thereto, upon the several lots, pieces, or parcels or portions of lots of land liable therefore and benefitted thereby, and hereinafter numbered

to correspond with the numbers upon the diagram, upon each, severally and respectively, in proportion to the benefits to be received by such lands respectively, from the maintenance hereto attached and by reference made a part hereof.

As required by said Act, a diagram is recorded in official records of the County of Santa Cruz showing the assessment district and also the boundaries and dimensions of the respective lots or parcels of land within said assessment district as the same existed at the passage of said Resolution No. 1192.

Said assessment is made upon the several lots or parcels of land within said assessment district in proportion to the estimated benefits to be received by said lots or parcels respectively, from the maintenance and servicing of the improvements. The diagram and assessment numbers appearing herein are the diagram numbers appearing on said diagram, to which reference is hereby made for a more particular description of said property.

I hereby place opposite the number of each lot or parcel of land assessed, the amount assessed thereon and the number of the assessment. Each lot or parcel of land is described in the assessment list by reference to its parcel number as shown on the Assessor's Maps of the County of Santa Cruz for the fiscal year 2022-2023 to the right of the parcel numbers and includes all of such parcels.

Dated: _____________________
_________________________________
Christopher Lamm, RCE 82461
Public Works Director / City Engineer

DESCRIPTION OF WORK

1. Maintaining and servicing of landscaping and ornamental vegetation, including the cost of repair, removal or replacement of all or any part thereof, providing for the life, growth, health and beauty thereof, including cultivation, trimming, spraying, fertilizing or treating for disease or injury, the removal of trimmings, rubbish, debris and other solid waste, and water for the irrigation thereof.

2. Maintaining and servicing of decorative fencing, signage and other ornamental structures and facilities, including the cost of repair, reconstruction, removal, or replacement of all or any part thereof.

3. Repair or replacement, including the installation and construction thereof, of hardscaping, including damaged curbs, gutters, walls, sidewalks, paving, water, irrigation systems, drainage, lighting, or electric facilities within the landscape maintenance easement.

4. The maintenance, repair or replacement of such other facilities as may be appurtenant to the foregoing or which are necessary or convenient for the maintenance or servicing thereof.

ESTIMATE OF COSTS

ANNUAL MAINTENANCE COSTS
Fiscal Year 2023-2024

Engineer's Estimate (City Engineer)

Maintenance Expenses
Maintenance and servicing $ 4,037.00
Irrigation and power $ 1,600.00

Subtotal $ 5,637.00

Incidental Expenses
City administration (20% Overhead) $ 1127.00

Subtotal $ 1127.00

Total Estimated Cost $ 6,764.00

Net Amount to be Assessed $ 6,000.00

RULES OF SPREADING ASSESSMENTS

1. District is to be assessed for all costs associated with the maintenance and servicing of the landscaping, hardscaping and appurtenant improvements within the boundaries of the district.

2. Total costs shall be apportioned to all parcels within the district boundaries in accordance with the benefit derived from the landscaping improvements.

3. Because the landscaping enhances an area serving as a drainage detention system for all parcels within the boundaries of the district, the benefit derived has been determined to be equal for all parcels.

Certificates
I, Cathie Simonovich, City Clerk of the City of Scotts Valley, hereby certify that the foregoing assessment, in the amount set forth, was filed with me on ____________________.
_____________________
Cathie Simonovich, City Clerk
I, Christopher Lamm, Public Works Director / City Engineer for the City of Scotts Valley, do hereby certify that the amounts set forth have been re-computed in accordance with the order of the City Council of said City of Scotts Valley, as expressed by Resolution No. 1213.37, duly adopted by said City Council on June 21, 2023. ________________________
Christopher Lamm, RCE 82461
Public Works Director / City Engineer
I, Cathie Simonovich, City Clerk of the City of Scotts Valley, hereby certify that the foregoing assessment, in the amount set forth was approved and confirmed by the City Council of the City of Scotts Valley on ____________________. ________________________
Cathie Simonovich, City Clerk
The Assessment was filed in the office of the County Auditor of the County of Santa Cruz, California, on ___________________.
________________________
Cathie Simonovich, City Clerk

I HEREBY CERTIFY that the enclosed Engineer’s Report and Assessment was recorded in my office on _________________.

Public Works Director/City Engineer
Scotts Valley, Santa Cruz County, California
By:_______________________________
Christopher Lamm

City of Scotts Valley

PINEWOOD ESTATES LANDSCAPING MAINTENANCE DISTRICT

ASSESSMENT ROLL
2023-2024
Assessment Assessor's Assessment
Number Parcel No. Property Owner Amount
____________________________________________________________________________ 1 021-172-01 BIAN ZHIXI $240
2 021-172-02 MARINO RUSSELL J TRUSTEE $240
3 021-172-03 MARTIN GEOFFREY & SUSAN H/W JT $240
4 021-172-04 KELLER TERRY A & JULIE TRUSTEES $240
5 021-172-05 EDWARDS ANDREA U/W $240
6 021-172-06

WOLF MARSHALL E & KRISTIA BURGESS
TRUSTEES $240
7 021-172-07 HALL EUGENE J & JENNIFER M $240
8 021-172-08

O CONNOR MICHAEL CHARLES & SARAH WRIGHT
H/W CP R $240
9 021-172-09 ROBINSON CARLOS E H/W JT ETAL $240
10 021-172-10 ROBERTS TRACY LEE $240
11 021-172-11 DUNN JOHN & JANINE H/W CP RS $240
12 021-172-12 GONG QI H/W CP RS ETAL $240
13 021-172-13 MC CONNELL MELVIN M & MIRIAM C H/W JT $240 14 021-172-14 MCMULLEN AMY DEANNE & ROBERT WILLIAM $240 15 021-301-01 LINN JOEL M & KARINA H/W CP RS $240
16 021-301-02 SION VINICIO & KRISTY CO-TRUSTEES $240
17 021-301-03 DAVIDSON MARK S & EVE M $240
18 021-301-04 KEITH SETH $240
19 021-301-05 LEMMON CYNTHIA M TRUSTEE $240
20 021-301-07 SUGGS JOHN B & LINDA L TRUSTEES $240
21 021-301-08 NORDSTROM MARK JOHN TRUSTEE ETAL $240
22 021-301-09 SPIEGEL JAMES D TRUSTEES ETAL $240
23 021-301-10 MCELREA SIMON J S & KRISTIN L $240
24 021-301-11 COX CLINT R $240
25 021-301-12 ROSS BRANDON J & KATHY C $240
___________
TOTAL ASSESSMENTS: $ 6,000

AGENDA ITEM 1.

DATE: 6/21/2023
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: 6/21/2023
TO: Honorable Mayor and City Council
FROM: Mali LaGoe, City Manager
APPROVED: Mali LaGoe, City Manager
SUBJECT: Adoption of the Multiple Employer OPEB/Pension 115 Trust Administered by Shuster Advisory Group and Appointing the City Manager as the City's Plan Administrator for the 115 Trust

SUMMARY OF ISSUE
CalPERS Unfunded Accrued Liability:

The City of Scotts Valley (the “City”), like most cities in California, has an unfunded accrued liability (“UAL”) associated with its CalPERS pension plans. As of June 30, 2021 (the most recent CalPERS valuation), the City's UAL was $15.9 million; however, CalPERS reported investment returns of -7.5% for FY 2021-22, which is projected to increase the City's UAL to approximately $23.6 million. This will be reflected in the City’s next CalPERS actuarial valuation report later this summer. The -7.5% investment returns will lead to an increase in the City’s annual UAL payment, beginning in FY 2024-25 and ramping up over the next decade. The annual UAL payment has been, and will continue to be, a significant impact on the City’s budget. Any investment underperformance by CalPERS in FY 2022-23 will increase the City’s future UAL balance and annual payment even more.

City’s CalPERS Pension Cost Management Committee:

After the August 17, 2022, City Council meeting, in which the City’s Municipal Advisor, NHA Advisors (“NHA”), delivered a comprehensive presentation that focused on

AGENDA ITEM 1.

DATE: 6/21/2023
various pension cost management strategies, a CalPERS Pension Cost Management Committee (the “Committee”) was established to continue the pension cost management discussions with NHA and City staff, and to develop a formal pension funding policy. Council Members Dilles and Timm were named to the Committee.

The Committee and City staff had three meetings with NHA over the course of midSeptember to early November, during which the Committee and City staff decided on setting up a Section 115 Trust (the “Trust”) as the primary initial pension cost management strategy for the City, given the benefit of budgetary flexibility and increased investment earnings compared to current General Fund reserves. Assets in a 115 Trust are irrevocably committed to the government function specified in the applicable trust agreement. Additionally, monies held in such trusts can be invested in accordance with the rules governing those trusts, which are different from the investment rules for the City’s pooled investments. Investment restrictions that apply to the City (CA Government Code 53601) do not apply to the assets held in an Irrevocable Section 115 Trust, thus allowing for more flexibility in the investment strategy. An initial deposit of $2.0 million to the Trust was determined to be a feasible and effective amount. During these three meetings, the Committee and City staff also developed a formal pension funding policy.

The City Council adopted the pension funding policy on December 7, 2022, and also approved the recommendation for the Committee and City staff to pursue the next step of working with NHA to evaluate and select a Trust Administrator.

Since the December 7th City Council Meeting:

Together with NHA, the Committee and City staff evaluated multiple Trust administrators, and then interviewed the top two administrators (as ranked by the Committee, City staff, and NHA): Public Agency Retirement Services (“PARS”) and Shuster Advisory Group, LLC (“Shuster”). At the completion of the interview process, it was determined by the Committee, City staff, and NHA that the Multiple Employer OPEB/Pension 115 Trust administered by Shuster was the best program for the City’s goals. Of the administrators considered, Shuster proved to be the administrator with the lowest fees and best investment performance, and an administrator that does not comingle client assets with the assets of other agencies. Shuster was also the only administrator with fully customizable investment portfolios (at no additional cost), which the Committee deemed to be a critical factor in its decision. Having complete customizability in the current investment market was determined to be the optimal approach in order for the City to balance meaningful investment returns and risk management.

About Shuster:

Shuster is an independent investment advisory firm and fiduciary. Shuster provides governmental and institutional retirement plan consulting services and private wealth management. Shuster is an SEC-Registered Investment Advisor with over $5 billion in assets under management, focusing on serving the unique needs of governmental agencies and special districts, serving over 80 cities, agencies, and public entities.

Shuster serves as fiduciary to plan investments and provides investment selection,

AGENDA ITEM 1.

DATE: 6/21/2023
monitoring, and management. Within the Shuster Section 115 Trust program, Shuster provides the trust administration, consultant and investment advisor functions; Charles Schwab Trust Bank provides trust custodian services; and Alta Trust Company provides directed trustee services.

Documents to be Executed by the City:

To set up the Trust, the City will execute the following agreements:

1. Adoption Agreement for the Multiple Employer OPEB/Pension 115 Trust

2. Administrative Services Agreement

3. Investment Advisor Agreement
Next Steps for the Trust:

After City Council approval of the Trust, the Committee and City staff will work with Shuster to finalize the documents and optimize an investment portfolio for the City’s Trust assets (based on the City’s risk tolerance and expected time horizon for withdrawals from the Trust). Once this step is completed, the Trust account will be set up and the $2.0 million initial deposit can be made to the Trust. NHA will remain available to provide advice to City staff and the Committee during these next steps.

FISCAL IMPACT
Per the City’s adopted pension funding policy, the Trust will initially be funded with a $2,000,000 deposit. At this asset level, the total annual fee is $6,000 (0.30% of $2,000,000), which is composed of $1,000 (0.05% of $2,000,000) for administration, $1,000 (0.05% of $2,000,000) for custodian and trustee services, and $4,000 (0.20% of $2,000,000) for investment management. Annual fees are paid from Trust assets.

STAFF RECOMMENDATION
It is recommended that the City Council take the following actions:

1. Adopt Resolution No. 2030 approving the adoption of the Multiple Employer OPEB/Pension 115 Trust administered by Shuster Advisory Group, LLC and appointing the City Manager, or his/her successor or his/her designee as the City’s Plan Administrator for the Section 115 Trust.

2. Authorize the City Manager to enter into the Adoption Agreement for the Multiple Employer OPEB/Pension 115 Trust.

3. Authorize the City Manager to enter into the Administrative Services Agreement and Investment Advisor Agreement with Shuster Advisory Group, LLC.

4. Authorize the City Manager to transfer $2,000,000 to the City's 115 Trust upon completion of the Trust establishment documents.

TABLE OF CONTENTS

1. Resolution - Adoption of 115 Trust

RESOLUTION NO. 2030

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY APPROVING THE ADOPTION OF THE MULTIPLE EMPLOYER OPEB/PENSION 115

TRUST ADMINISTERED BY SHUSTER ADVISORY GROUP, LLC
AND APPOINTING THE CITY MANAGER AS THE CITY’S PLAN ADMINSTRATOR FOR THE 115 TRUST
WHEREAS, the City of Scotts Valley provides pension benefits to eligible employees and retirees as a participant in the California Public Employees Retirement System (CalPERS); and
WHEREAS, the City of Scotts Valley like most cities in California, has an unfunded accrued liability (“UAL”) associated with its CalPERS pension plans; and WHEREAS, the annual UAL payment has been, and will continue to be, a significant impact on the City’s budget; and
WHEREAS, the City Council has considered various pension cost management strategies, created a CalPERS Pension Cost Management Subcommittee (“Committee”) and hired NHA Advisors (“NHA”) to assist in developing a plan to mitigate the City’s UAL; and
WHEREAS, upon the recommendation by the Committee, NHA and City staff, the City Council directed the pursuit of participating in a 115 Trust as the primary initial pension cost management strategy for the City given the benefit of budgetary flexibility and increased investment earnings compared to current General Fund reserves; and WHEREAS, the City is eligible to participate in a tax-exempt trust performing an essential governmental function within the meaning of Section 115 of the Internal Revenue Code, as amended, and the Regulations issued thereunder, and is a tax-exempt trust under the relevant statutory provisions of the State of California; and WHEREAS, the City Council adopted the pension funding policy on December 7, 2022, and also approved the recommendation for the Committee and City staff to pursue the next step of working with NHA to evaluate and select a 115 Trust program; and WHEREAS, together with NHA, the Committee and City staff evaluated multiple 115 Trust programs and determined the Multiple Employer OPEB/Pension 115 Trust (“the Trust”) administered by Shuster Advisory Group, LLC (“Shuster”) was the best program for the City’s goals; and
WHEREAS, all qualified assets held in the Trust will be irrevocably dedicated to prefunding the City’s pension obligations.

NOW ,THEREFORE, BE IT RESOLVED the City Council of the City of Scotts Valley hereby adopts a 115 Trust to be administered by Shuster and appoints the City Manager,

or his/her successor or his/her designee, as the City’s Plan Administrator for the Trust.

BE IT FURTHER RESOLVED that the City Council of the City of Scotts Valley hereby authorizes the City Manager to take whatever additional actions are necessary to maintain the City’s participation in the Trust, to maintain compliance of any relevant regulation issued or as may be issued and to take whatever additional actions are required to administer the Trust.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a meeting held on the 21st day of June, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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

AGENDA ITEM 2.

DATE: 6/21/2023
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: 6/21/2023
TO: Honorable Mayor and City Council
FROM: Mali LaGoe, City Manager
APPROVED: Mali LaGoe, City Manager
SUBJECT: Consideration of a Non-Profit Facility Use Policy

SUMMARY OF ISSUE
The City of Scotts Valley owns many facilities that are rented to the general public for private and public event use. Rental fees are charged to users in order to fund the maintenance of and wear and tear of use resulting from private renters. Historically, the City has granted a “non-collection of fees” to certain non-profit organizations upon request when a clear public benefit can be demonstrated. These requests were brought to the City Council for consideration as they were received and the City budgeted a negative revenue amount to account for the non-collection of rental fees each year.

In order to clarify the qualifying characteristics and streamline this process, staff request the City Council to adopt a Non-Profit Facility Use Policy as guidance to interested City facility users, City staff and the City Council when determining which events meet the criteria to be eligible for a reduced facility rental fee by demonstrating a nexus to the City Council’s strategic goals and public benefit.

The draft policy defines eligible and ineligible events. Eligible events include free educational, social, cultural, or community gatherings or fundraising events where attendees are primarily Scotts Valley and surrounding area residents, that furthers the City Council’s strategic goals and are hosted by a non-profit organization for public benefit. Ineligible events would include private events, events that benefit organizations outside of Scotts Valley, events not hosted by a non-profit and events unrelated to the City Council's strategic goals.It also defines a non-profit as an IRS recognized 501(c)3 or 501(c)6 organization that serves Scotts Valley residents and public benefit as an activity that intends to enrich the lives of, or benefits a non-profit organization that serves, Scotts Valley residents.

The draft policy allows qualifying events to use city facilities without requiring the applicable Rental Fee to be paid. Other fees such as cleaning fees, deposits, security fees, etc. would still be applicable. The City Manager would be assigned to review applications under this policy and determine eligibility under the policy. Events found to be disqualified by the City Manager could be requested by the applicant for City Council consideration or the City Manager may choose to agenize the determination decision at a City Council meeting at her discretion.

AGENDA ITEM 2.

DATE: 6/21/2023

FISCAL IMPACT
Historically, the City budgeted for a loss of revenue of $11,000 per year due to the noncollection of rental fees from non-profit events. The actual fiscal impacts of this policy would be tracked moving forward and could be revisited upon request of the City Council.

STAFF RECOMMENDATION
Approve the attached proposed Non-Profit Organization use of City Facilities Policy as presented or with modifications.

TABLE OF CONTENTS

1. Proposed Non-Profit Facility Use Policy

CITY OF SCOTTS VALLEY POLICY ON

NON-PROFIT ORGANIZATION USE OF CITY FACILITIES
The Scotts Valley City Council (hereinafter “City Council") desires to establish a “Policy on Non-Profit Organization Use of City Facilities” (hereinafter “Policy”). In adopting this Policy, the City Council declares that the City of Scotts Valley values the public benefit of local non-profit organizations while at the same time must manage its fiduciary responsibility to taxpayers and protect City facilities.

PURPOSE
The purpose of this Policy is to allow certain non-profit organizations to use City facilities to benefit Scotts Valley residents at a reduced cost.

BACKGROUND
The City of Scotts Valley owns many facilities that are rented to the general public for private and public event use. Rental fees are charged to users in order to fund the maintenance of and wear and tear of use resulting from private renters.

Historically, the City has granted a “non-collection of fees” to certain non-profit organizations upon request when a clear public benefit can be demonstrated. These requests were brought to the City Council for consideration as they were received and the City budgeted a negative revenue amount to account for the non-collection of rental fees each year.

In order to clarify the qualifying characteristics and streamline this process, this Policy is intended to provide guidance to interested City facility users, City staff and the City Council when determining which events meet the criteria to be eligible for a reduced facility rental fee by demonstrating a nexus to the City Council’s strategic goals and public benefit.

DEFINITIONS
For the purpose of this policy, the following definitions apply:

Non-Profit Organization – an IRS recognized 501(c)3 or 501(c)6 organization that serves Scotts Valley residents.

Public Benefit – an activity that intends to enrich the lives of, or benefits a Non-Profit organization that serves, Scotts Valley residents.

Rental Fee – the Hourly or Daily Rental Fee and Activity Fee identified in the City of Scotts Valley Fee Schedule. The Rental Fee does not include Cleaning Fee, Tear-down tables/chairs, Refundable Damage Deposit, Special Event, Insurance, Admin Fee or other related fees.

Eligible Events – free educational, social, cultural, or community gatherings or Non-Profit Organization fundraising events where attendees are primarily Scotts Valley and surrounding area residents and that further the City Council’s strategic goals and are hosted by a Non-Profit Organization for Public Benefit.

Ineligible Events:
• Any private event or meeting, not open to, or for the benefit of, the public, such as an organization or board meeting
• An event that benefits an organization outside of Scotts Valley • An event hosted by a private party or organization without Non-Profit status even if it benefits a Non-Profit Organization
• An event unrelated to the City Council’s strategic goals POLICY
It is the policy of the City of Scotts Valley to allow certain Non-Profit Organizations hosting Eligible Events to use City facilities which would otherwise require a Rental Fee to be used, without requiring said Rental Fee.

This Policy only applies to the non-collection of the Rental Fee and Activity Fee. It does not apply to other related fees such as Cleaning Fee, Tear-down tables/chairs, Refundable Damage Deposit, Special Event, Insurance, Admin Fee or other related fees.

Review and approval of Non-Profit use under this Policy is the responsibility of the City Manager or his/her designee. The City Manager or his/her designee shall make a determination on the Non-Profit Facility Use Application within 10 days of receipt and provide the applicant with a written determination.

The applicant has the right to appeal the decision of the City Manager within 5 days of the decision.

Such appeal shall be made on a form prepared by the City and shall include any applicable appeal fees.

The appeal shall be heard at the next available City Council meeting. Nothing in this Policy prevents the City Manager from taking the Non-Profit Facility Use Application directly to the City Council for consideration. If the determination decision is brought to the City Council, written notice of the decision by the City Council will be provided to the applicant within 2 days following the City Council Meeting.

The decision of the City Council shall be final.

REQUIREMENTS
A Recreation Facility Use Permit Application must be submitted to the Recreation Department just like all events. Facility use is subject to availability and approval by Recreation Staff.

A complete Non-Profit Facility Use Application, including a description of how the event meets the eligibility criteria of this Policy, is required to be submitted to the City Manager at the time the Recreation Facility Use Permit Application is submitted to the Recreation Department. The City Manager reserves the right to request additional documentation from the applicant to determine compliance with this Policy.

All rental rules, regulation and requirements apply including the requirement of event insurance naming the City as additionally insured at the sole expense of the requesting Non-Profit Organization.