Scotts Valley City Council
June 21, 2023

AGENDA
Meeting of the
Scotts Valley City Council
In-Person and Remote Access
Date: June 21, 2023
Time: 6:00 PM

CONTACT

INFORMATION

MEETING LOCATION POSTING
City of Scotts Valley
1 Civic Center Drive
Scotts Valley, CA
95066
(831) 440-5600
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
OR
Zoom Video Conference
https://us02web.zoom.us/j/83295730901
The agenda was posted on
06-16-2023 at City Hall, SV
Senior Center, SV Public
Works Building, and on the
Internet
at https://www.scottsvalley.
gov

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

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

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

Agenda and Agenda Packet Materials:

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

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

Public Participation:

The meeting will be available on Zoom and livestreamed to the City of Scotts Valley’s

City Council Meeting Agenda Page 2
Date: June 21, 2023
YouTube channel: https://www.youtube.com/channel/UCLNTBScelB4wTfidYHrocWA For those wishing to participate via Zoom you can join the following ways:

Zoom Webinar meeting link: https://us02web.zoom.us/j/83295730901 Or dial one of these numbers: (669) 900-9128 or (669) 444-9171 Webinar ID: 832 9573 0901
Whether attendance is in-person or remote, you will be given opportunities to provide public comment at the appropriate times throughout the meeting. The time limit is up to 3 minutes for an individual, or 5 minutes for someone who is representing a group of three or more, at the discretion of the Mayor. Please note that this is not a question-and-answer time, but simply a time to provide comments to the Council. At the appropriate times during the meeting for public comment, on items not on the agenda, and on specific agenda items, the Mayor will announce that public comment will be accepted.

How to comment via in-person attendance:

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

How to comment via Zoom Webinar:

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

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

ROLL CALL

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

CITY MANAGER REPORT

PUBLIC COMMENT TIME
This is the opportunity for individuals to make and/or submit written or oral comments to the Council on any items within the purview of the Council, which are NOT part of the Agenda. No

City Council Meeting Agenda Page 3
Date: June 21, 2023
action on the item may be taken, but the Council may request the matter be placed on a future agenda.

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

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

1. Approve City Council minutes of 06-07-2023

2. Approve check register dated 06-08-2023

3. Approve the following Fiscal Year 2023-24 Annual Budget Items:

I. Resolution No. 630.43 approving the Fiscal Year (FY) 2023-24 Annual Budget and making related appropriations.

II. Resolution No. 1955.25 approving the FY 2023-24 Classification and Salary Schedules.

III. Resolution No. 1501.30 approving the continued collection of the Utility Users Tax for FY 2023-24.

IV. Resolution No. 1932.4 approving minimum reserve policy for certain funds. (Council Policy No. 04-17)

4. Approve Resolution No. 1007.36 revising prior years Gann Initiative appropriations and setting appropriation limits for FY 2023-24.

5. Ratify the appointment of Steve Simonovich to serve on the Planning Commission, with an effective date of June 21, 2023
PUBLIC HEARINGS (to be heard after 6:30 PM)

1. Consideration of a Time Extension request for a previously approved ten-lot subdivision, and for the construction of ten dwelling units with related site improvements on a 1.4-acre site (Bay Village Planned Development) located on Erba Lane (APNs 022-481-18, & -22).

2. Skypark Open Space Maintenance Assessment District No.1

City Council Meeting Agenda Page 4
Date: June 21, 2023

3. Pinewood Estates Landscape Maintenance Assessment District

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

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

1. 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

2. Consideration of a Non-Profit Facility Use Policy

3. Future Council agenda items

CONVENE TO CLOSED SESSION

CLOSED SESSION SUBJECT(S)

1. Conference with legal counsel regarding real property negotiations Legal Authority: Government Code Section 54956.8
Location: APNS: 022-721-07, 022-721-08, 022-721-09 (Town Center) Staff Present: City Manager, City Attorney, Administrative Services Director

2. Conference with legal counsel regarding potential litigation Legal Authority: Government Code Section 54956.9
Number of Cases: 1 case
Staff Present: City Manager, City Attorney

RECONVENE TO OPEN SESSION

REPORT ON ACTION TAKE DURING CLOSED SESSION

ADJOURNMENT

ADA NOTICE
The City of Scotts Valley does not discriminate against persons with disabilities. The City Council Chambers is an accessible facility. If you wish to attend a City Council meeting and require assistance such as sign language, a translator, or other special assistance or devices in order to attend and participate at the meeting, please call the

City Council Meeting Agenda Page 5
Date: June 21, 2023
City Clerk's office at (831) 440-5600 five to seven days in advance of the meeting to make arrangements for assistance. If you require the agenda of a City Council meeting be available in an alternative format consistent with a specific disability, please call the City Clerk’s Office. The California State Relay Service (TTY/VCO/HCO to Voice: English 1-800-735-2929, Spanish 1-800-855-3000; or, Voice to TTY/VCO/HCO:

English 1-800-735-2922, Spanish 1-800-855-3000), provides Telecommunications Devices for the Deaf and Disabled and will provide a link between the TDD caller and users of telephone equipment.

City Council Meeting Agenda Page 6
Date: June 21, 2023

PROCEDURAL INFORMATION FOR THE PUBLIC

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

1. Move the Resolution number for approval.

2. Second the motion.

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

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

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

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

3. Read the Ordinance title.

4. Second the motion.

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

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

Unless otherwise determined by the presiding officer of the meeting:

1. Three minutes allowed per individual to speak.

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

MINUTES
Meeting of the
Scotts Valley City Council
Date: June 7, 2023
Time: 6:00 PM

CONTACT

INFORMATION

MEETING LOCATION POSTING
City of Scotts Valley City Council Chambers The agenda was posted 1 Civic Center Drive 1 Civic Center Drive on 06-02-2023 at City Scotts Valley, CA Scotts Valley, CA 95066 Hall, SV Senior Center, 95066 OR SV Public Works
(831) 440-5600 Zoom Video Conference Building, and on the https://us02web.zoom.us/j/81664513049 Internet
at www.scottsvalley.gov.

The City Council meeting was called to order at 6:03 PM.

Council Member Timm attended via teleconference.

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

TELECONFERENCE LOCATION

ROLL CALL
CITY STAFF MEMBERS PRESENT:

Mali LaGoe, City Manager
Kirsten Powell, City Attorney
Chris Lamm, Public Works Director
Stephanie Hill, Administrative Services
Director
Cathie Simonovich, City Clerk
ELECTED OFFICIALS PRESENT:

Jack Dilles, Mayor
Randy Johnson, Vice Mayor - arrived
at 6:35 PM
Donna Lind, Council Member
Derek Timm, Council Member - via
teleconference
Allan Timms, Council Member

COMMITTEE REPORTS

City Council Meeting Minutes
Date: June 7, 2023

CM Lind participated in several planning meetings for the Scotts Valley July 4th Parade. The parade will be at 1:00 PM and anyone interested in participating or volunteering can visit the City's website for more information (www.scottsvalley.gov).

CM Lind attended the Santa Cruz Metropolitan Transit District (METRO) Board Meeting where they discussed the budget, and specifically they discussed strategies for handling the unfunded pension liability.

CM Lind assisted with the Chambers Business Showcase held at Bruno's, which was a networking event involving the Scotts Valley Chamber, the San Lorenzo Valley Chamber, and Think Local First.

CM Timms attended a meeting of the Santa Cruz County Integrated Waste Management Local Taskforce. This committee is comprised many new members, so they are familiarizing everyone with the functions of the taskforce and are considering doing some tours of the facilities.

Mayor Dilles attended a housing forum hosted by Housing Santa Cruz County and Lookout Santa Cruz.

Mayor Dilles, along with CM Timm, attended a meeting of the pension subcommittee.

They heard a presentation and discussion by Shuster Advisory Group and had a subsequent discussion.

Mayor Dilles attended the Be the Difference Volunteer Awards Luncheon. Many individuals and organizations were honored, including 1440 Multiversity.

Mayor Dilles, along with CM Johnson, attended the budget subcommittee meeting where they received a presentation by staff and asked questions about the staff's projections and assumptions.

Mayor Dilles attended a meeting of the Santa Margarita Groundwater Agency where they received updates on dry season streamflow monitoring results for 2022, and also a groundwater sustainability update.

Mayor Dilles, along with CM Timms, attended the Economic Development subcommittee meeting where they had further discussion about local business outreach and, with assistance from City Manager LaGoe, they produced talking points for this purpose.

Mayor Dilles filled in for CM Johnson at the Regional Transportation Commission (RTC) meeting where they received public testimony regarding the Highway 1 auxiliary lanes and bus-on-shoulder improvements from State Park Drive to Freedom Boulevard, and they received a report on the coastal rail trail segment 12. They also heard a staff presentation regarding grant funds for the RTC to assist lower income residents in purchasing e-bikes with vouchers, and implementing a bike sharing program in parts of the county.

CM Timm attended the Pension Subcommittee, and he thanked the staff for bringing in Shuster & Associates as their options for managing the pension 115 trust were

City Council Meeting Minutes
Date: June 7, 2023

compelling.

Public Works: In collaboration with the Santa Cruz County Recreation Division, a partnership and subsequent Memorandum of Understanding is in development for the County to operate programs at the Siltanen Pool this summer. Pending approval from the Board of Supervisors this month, the pool could be open for summer programming starting in July.

Recreation Brochure: The new brochures hit mailboxes last week! Brochures are available at all city offices for anyone who needs one.

Engineering: The engineering staff have been participating in meetings with the Federal Emergency Management Agency (FEMA) on the two emergency slides in Scotts Valley. They are proceeding with the design efforts and other necessary work for repairs. This is a slow process, but it is moving forward.

Maintenance Department: The Maintenance staff are transitioning to the summer schedule, which means staff are assigned to weekends to ensure that the public spaces are clean and maintained throughout the heavier-usage summer season.

Future Agenda Item Request Update: - At the 5/17 Council Meeting, CM Lind requested that staff prepare a letter of opposition to Assembly Bill 742 regarding the use of police canines. Luckily, this legislation died last week due to strong opposition from across California.

Administrative Services Department: The Administrative Services Department staff are busy preparing for the closing of the fiscal year while also implementing a new payroll system.

Grand Jury Reports: The Santa Cruz County Grand Jury just released their series of reports that require responses from the City of Scotts Valley. Staff will coordinate these responses and present them to the Council in August.

CruzAware: This is the new countywide emergency alert system that replaced the CodeRed system. The City of Scotts Valley is actively sharing out the information so that people know that they need to take action and sign up for the new system.

Community Development Department and the Housing Element: The Housing Element is currently in the 30-day public comment period, so the Community Development Department staff are busy responding to any comments that are received.

Public comment was received from Cynthia Dzendzel, a resident of Scotts Valley. Ms.

Dzendzel introduced herself because she has been communicating with the Council Members and wanted to introduce herself in person.

CITY MANAGER REPORT

PUBLIC COMMENT TIME

City Council Meeting Minutes
Date: June 7, 2023

M/S: Lind/Timms
To approve the consent agenda.

Carried 4/0 (AYES: Dilles, Lind, Timm, Timms; ABSENT: Johnson)

1. Approve City Council minutes of 05-17-2023

2. Approve check register dated 05-18-2023 and 06-01-2023

3. Second reading and adoption of Ordinance No. 200.1 AB 481 Military Equipment Use policy renewal

4. Bean Creek Road Rehabilitation: Contract Award

5. Public Works Building: Purchase Agreement

6. Acceptance of Sidewalk Easement

Due to timing (Public Hearings must be heard after 6:30 PM), Regular Item #1 was heard before the Public Hearings.

1. Public Hearing: Measure D Five-Year Plan
PWD Lamm presented this item and responded to comments and questions from Council.

Mayor Dilles opened the public hearing at 6:35 PM. Vice Mayor Johnson arrived at 6:35 PM.

Public comment was received from Scotts Valley resident, Les Wright. Mr. Wright requested clarification on how this 5-year plan relates to Item #3 on the regular agenda.

Mayor Dilles closed the public hearing at 6:37 PM.

M/S: Timms/Lind
To adopt Resolution No. 1923.6 approving the five-year program of projects to be funded with Measure D revenues.

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

2. Public Hearing: SB1 Projects
PWD Lamm presented this item and responded to comments and questions from Council.

Mayor Dilles opened the public hearing at 6:43 PM, and no one from the public came

APPROVE CONSENT AGENDA WITH NO ALTERATIONS

CONSENT AGENDA
PUBLIC HEARINGS (to be heard after 6:30 PM)

City Council Meeting Minutes
Date: June 7, 2023

forward to comment on the SB1 projects.

Mayor Dilles closed the public hearing at 6:43 PM.

M/S: Lind/Timms
To adopt Resolution No. 1946.5 adopting the list of projects funded by SB1, the Road Repair and Accountability act of 2017.

Carried 5/0 (AYES: Dilles, Johnson, Lind, Timm, Timms)
M/S: Timms/Lind
To approve regular agenda with no alterations.

Carried 4/0 (AYES: Dilles, Lind, Timm, Timms; ABSENT: Johnson) Due to timing (Public Hearings must be heard after 6:30 PM), Regular Item #1 was heard before the Public Hearings.

1. Public Meeting: Skypark Assessment District
PWD Lamm showed a PowerPoint presentation and detailed the history of the assessment district, planned work activities for the upcoming fiscal year, the projected revenues and expenses. PWD Lamm responded to questions and comments from Council.

Public comment was received from Gillian McGlaze, a resident of Skypark. Ms.

McGlaze expressed concern over the weed growth on the slope side of the fence. She also inquired about the $600 item categorized as utilities. She thanked the Council for recognizing that the Linear Park is an extension of Skypark and that the users are not just Skypark residents. She appreciates the City's financial contribution to the upkeep of the Linear Park.

2. Public Meeting: Pinewood Estates Assessment District PWD Lamm showed a PowerPoint presentation and detailed the history of the assessment district, planned work activities for the upcoming fiscal year, the projected revenues and expenses. PWD Lamm responded to questions from Council.

No one from the public provided comment during this public meeting.

3. Pavement Management Program Update
PWD Lamm introduced consultants Debaroti Ghosh and Mei-Hui Lee from NCE who gave a PowerPoint presentation. PWD Lamm and the consultants responded to questions and comments from Council. The Council recommended further discussion regarding bond revenue and evaluation of the other revenue strategies listed in the presentation.

Public Comment was received from Les Wright, a resident of Scotts Valley. Mr. Wright agreed that this is a great report from NCE and he encouraged Council and Staff not to

APPROVE REGULAR AGENDA WITH NO ALTERATIONS

REGULAR AGENDA

City Council Meeting Minutes
Date: June 7, 2023

wait five years to do it again. He also noted that the road near his residence is in very bad shape and most likely should be rated lower than it is. Finally, he wondered if the costs could be placed on the maintenance curve to reflect how fast the money would need to be spent to get the desired results. This could help a bonding discussion.

4. FY 2023-2024 Proposed Budget and Long-Range Financial Forecasts City Manager LaGoe and Administrative Services Director Hill presented the proposed budget and a walk-through of the new budget platform, OpenGov. They responded to questions and comments from Council and received the following direction: 1) Wait on the transfer of funds from the CIP, then re-evaluate later in the year; 2) Continue monthly payments on the UAL, rather than doing a lumpsum prepayment; and 3) Maintain in the budget the $50k for the community grant program.

Public comment was received from Cynthia Dzendzel, a Scotts Valley resident. Ms.

Dzendzel thanked Council and Staff for this information, and she commended the Council and Staff for their professionalism.

City Attorney Powell reported that the City Council will convene to closed session to discuss the item below and she noted that there will not be anything to report in the public session. The City Council convened to closed session at 9:25 PM.

1. Conference with legal counsel regarding existing litigation Legal Authority: Government Code Section 54956.9
Name of Case: Kathryn Grifo, et al, vs. City of Scotts Valley, et al. Santa Cruz Superior Court No. 22CV00874
Staff Present: City Manager, City Attorney
The City Council convened to open session at 9:36 PM.

Mayor Dilles indicated that there was no report from closed session.

The meeting adjourned at 9:36 PM.

CONVENE TO CLOSED SESSION

CLOSED SESSION SUBJECT

RECONVENE TO OPEN SESSION

REPORT ON ACTION TAKE DURING CLOSED SESSION

ADJOURNMENT

City Council Meeting Minutes
Date: June 7, 2023

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

SCOTTS VALLEY ACCOUNTS PAYABLE CITY OF SCOTTS VALLEY
06/08/2023 10:38:03 Check Register GL050S-V08.19 COVERPAGE GL540R
Report Selection:

RUN GROUP... 060823 COMMENT... 06/08/2023 A/P

DATA-JE-ID DATA COMMENT
-------------- ------------------------
W-06082023-805 06/08/2023 A/P
Run Instructions:

Jobq Banner Copies Form Printer Hold Space LPI Lines CPI CP SP RT L 01 Y S 6 066 10

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
06/08/2023 10:38:03 Check Register
GL540R-V08.19 PAGE 1
BANK VENDOR CHECK# DATE AMOUNT

BA GENERAL CHECKING ACCOUNT
000041 ACC BUSINESS 126958 06/08/23 598.66
005027 ACE PORTABLE SERVICES 126959 06/08/23 750.24
003597 ADAMS ASHBY GROUP, INC 126960 06/08/23 527.50
001405 AFLAC-FLEX ONE 126961 06/08/23 860.51
001219 ALHAMBRA 126962 06/08/23 24.90
000652 ANDERSON PACIFIC ENG INC 126963 06/08/23 37,874.85 000563 APPI 126964 06/08/23 1,676.16
003978 ARTHUR DEAN SANDERS, JR. 126965 06/08/23 4,500.00 001670 AT &T 126966 06/08/23 187.39
000614 BATTERIES + BULBS #314 126967 06/08/23 421.18
003170 BOGARD CONSTRUCTION INC 126968 06/08/23 2,000.00 000021 BOWMAN & WILLIAMS 126969 06/08/23 61,571.16
000437 BRASS KEY LOCKSMITH 126970 06/08/23 314.94
000018 BRINK'S AWARDS & SIGNS 126971 06/08/23 97.23
001566 BUSINESS WITH PLEASURE 126972 06/08/23 134.33
003088 CALIFORNIA COAST UNIFORM 126973 06/08/23 25.94
001015 CALIFORNIA POLICE CHIEF' 126974 06/08/23 772.00
003714 CAPITOLA/CITY OF 126975 06/08/23 9,061.01
000756 CENTRAL HOME SUPPLY 126976 06/08/23 473.05
003974 CHRISTOPHER S CRAIG 126977 06/08/23 197.91
002091 COMCAST 126978 06/08/23 177.82
002091 COMCAST 126979 06/08/23 202.82
003596 COPWARE,INC 126980 06/08/23 115.00
003043 CSG CONSULTANTS, INC 126981 06/08/23 61,477.48
001597 ENVIRONMENTAL INNOVATION 126982 06/08/23 3,795.00 000051 FISHER SCIENTIFIC 126983 06/08/23 3,035.35
.15950 FRED WILSON 126984 06/08/23 389.30
004039 GARNER/SCOTT 126985 06/08/23 50.00
001881 GRAINGER 126986 06/08/23 773.93
004015 GUARDIAN PUBLIC SAFETY 126987 06/08/23 1,450.00
004066 HEATHER A. HARDEE 126988 06/08/23 300.00
004023 HOUSEKEYS, INC. 126989 06/08/23 5,000.00
.15952 IAPE 126990 06/08/23 65.00
004041 INTERWEST CONSULTING GRO 126991 06/08/23 5,100.00 004024 K & D LANDSCAPING, INC. 126992 06/08/23 11,607.88 003292 KIMLEY-HORN & ASSOCIATES 126993 06/08/23 64,954.03 005005 KRUSEE/RANDALL 126994 06/08/23 300.00
001243 LIEBERT CASSIDY WHITMORE 126995 06/08/23 1,618.00 001673 LINCOLN FINANCIAL GROUP 126996 06/08/23 1,383.10 003942 M-GROUP 126997 06/08/23 24,997.50
001815 MC GRATH/TRISH 126998 06/08/23 93.99
000101 PACIFIC GAS & ELECTRIC C 126999 06/08/23 46,300.54 005082 PEREZ/JOSE 127000 06/08/23 190.12
004045 PHILLIP D NEUMAN 127001 06/08/23 43,160.47
000723 PIED PIPER INC./THE 127002 06/08/23 81.50
.15951 PINWHEEL CREATIVE LLC 127003 06/08/23 400.00
005069 QUINN COMPANY 127004 06/08/23 12,602.58
000463 RALEY'S 127005 06/08/23 80.13

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
06/08/2023 10:38:03 Check Register
GL540R-V08.19 PAGE 2
BANK VENDOR CHECK# DATE AMOUNT

BA GENERAL CHECKING ACCOUNT
003572 REGIONAL GOVERNMENT SERV 127006 06/08/23 3,571.57 000196 ROSS RECREATION EQUIPMEN 127007 06/08/23 1,068.93 003367 SANTA CRUZ LIVE SCAN, IN 127008 06/08/23 90.00
000133 SCOTTS VALLEY SPRINKLER 127009 06/08/23 474.25
005038 SECURITY SHORING & 127010 06/08/23 234.00
002065 SOTO/ART 127011 06/08/23 23.00
003783 STATE WATER RESOURCES CO 127012 06/08/23 125.00
006004 THE EPOXY GUY 127013 06/08/23 4,926.50
003347 TOWNE FORD 127014 06/08/23 49,665.14
001560 TRITON CONSTRUCTION 127015 06/08/23 400.00
000151 VISION SERVICE PLAN 127016 06/08/23 1,157.10
003145 WAGE WORKS 127017 06/08/23 290.58
005053 WENTWORTH/CODY 127018 06/08/23 215.78
003947 4X4 AND MORE 127019 06/08/23 2,422.12
GENERAL CHECKING ACCOUNT 476,434.47 ***

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
06/08/2023 10:38:03 Check Register
GL540R-V08.19 PAGE 3
BANK VENDOR CHECK# DATE AMOUNT
REPORT TOTALS: 476,434.47
RECORDS PRINTED - 000177

SCOTTS VALLEY ACCOUNTS PAYABLE

CITY OF SCOTTS VALLEY
06/08/2023 10:38:03 Check Register
GL060S-V08.19 RECAPPAGE

GL540R
FUND RECAP:

FUND DESCRIPTION DISBURSEMENTS
---- ----------------------------
001 GENERAL 274,207.90
002 RECYCLING/ENVIRONMENTAL 3,795.00
004 RECREATION 932.53
008 TRAFFIC IMPACT MITIGATION 941.20
010 WASTEWATER OPERATIONS 77,800.01
012 WASTEWATER CAPITAL RESERVE 6,579.15
019 AFFORDABLE HOUSING 5,000.00
025 GENERAL TRUST 26,067.20
028 SENIOR CENTER 801.38
035 GREEN BUILDING FUNDING 72.40
050 PINEWOOD EST LNDSCP MAINT DT 10.18
077 SKYPARK MAINT ASSESS DIST 833.99
088 LIBRARY FACILITIES-MEAS "S" 2,000.00
123 COMMUNITY FACILITY CENTER 595.16
150 GENERAL CAPITAL IMPROVEMENTS 25,710.65
162 PLANNING GRANTS PROGRAM 1,422.58
306 SUPPL LAW ENFORCEMENT SRVS 49,665.14
TOTAL ALL FUNDS 476,434.47
BANK RECAP:

BANK NAME DISBURSEMENTS
---- ----------------------------
BA GENERAL CHECKING ACCOUNT 476,434.47
TOTAL ALL BANKS 476,434.47

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: Stephanie Hill, Administrative Services Director
APPROVED: Mali LaGoe, City Manager
SUBJECT: Approve the following Fiscal Year 2023-24 Annual Budget Items:

I. Resolution No. 630.43 approving the Fiscal Year (FY) 2023-24 Annual Budget and making related
appropriations.

II. Resolution No. 1955.25 approving the FY 2023-24
Classification and Salary Schedules.

III. Resolution No. 1501.30 approving the continued
collection of the Utility Users Tax for FY 2023-24.

IV. Resolution No. 1932.4 approving minimum reserve policy for certain funds. (Council Policy No. 04-17)

SUMMARY OF ISSUE
Annual Adoption of the FY 23-24 Budget
The FY 2023-24 Final Proposed Budget support is attached for the City Council’s consideration. This budget includes a long-range financial forecast, with detailed analysis on the City’s General Fund.

This is the first budget for the City that is being developed and presented through the OpenGov platform. This platform allows residents, elected officials, and other stakeholders to explore the City’s budgets online. It provides instant online access to the budget, interactively displays, current and historical revenue and expenses down to the fund, department and object level. This financial transparency platform has been deployed as a resource for stakeholders as part of the City’s ongoing initiative to promote and enhance public transparency in local government.

The FY 2023-24 Proposed Budget incorporates analysis on the overall financial health of the City, with great emphasis on the performance and future needs of the General Fund as the City’s largest funding source. The FY 2023-24 Proposed Budget incorporates Council priorities, including meeting reserve balance minimums in all funds. Furthermore, these day-to-day operational activities are accomplished while concurrently budgeting a Section 115 Trust set-aside fund of $2.0 million from the

AGENDA ITEM 3.

DATE: 6/21/2023
General Fund to help address long-term liabilities like pension and retiree medical costs.

The long-range financial analysis concludes by highlighting that voter-adopted Measure Z is infusing necessary stability in the budget, while still showing the need for additional revenue sources to continue to meet the expectations of the community.

The total FY23-24 Proposed Budget includes Revenues of $31.2 million with Expenses of $43.3 million, inclusive of fund transfers in/out of $3.8 million, and inclusive of Capital Improvement Projects of $14.8 million. The Proposed Budget includes a planned use of fund balance in the General Fund of $5.3 million, with a year-end projected fund balance of $3.7 million, or 19% of ongoing operational expenses. The Proposed Budget also includes a planned use of fund balance in Special Revenue and General CIP Funds as well as a need to finance up to $4 million for wastewater capital projects.

The full Online Budget Book can be accessed through the City’s website at:
https://www.scottsvalley.gov/184/City-Budget
Adoption of the FY23-24 Classification and Salary Schedules As part of the annual budget review process, all salary schedules have been reviewed and updated in accordance with the related employment group agreements. In addition, the City is budgeting for a compensation study to occur in FY23-24. The City has reviewed all job classifications and identified several that are outdated and for which it will not have a future use. None of these job classifications have active employees in these positions. The attached schedule reflects the elimination of these positions and is intended to reflect the ongoing active classification and salary schedules.

Included in the update are two proposed salary schedule updates outside of the regular agreement escalations. These are for the Building Official and the Accounting Assistant. These two classifications have been unused for several years but are planned to be added in FY23/24. As a result, City staff conducted a study of comparable agencies to establish the proposed salary schedule for these two new positions.

The respective agreement representatives were contacted regarding these changes.

Annual Adoption of the Utility Users Tax
Ordinance No. 109.3 (SVMC §3.35.180) requires, concurrent with budget adoption, that the Council also approve the continued collection of the utility users’ tax placed upon gas and electric service providers serving Scotts Valley properties. The FY23-24 Proposed Budget assumes the continued collection of the Utility Users’ Tax.

Adoption of the Minimum Reserve Policy

AGENDA ITEM 3.

DATE: 6/21/2023
Council previously adopted a fund balance minimum reserves policy in FY17-18 to implement minimum reserve targets for the City’s various operating and capital funds.

In the FY23-24 budget process, the Recreation Enterprise Fund is formally being shifted to fall under the General Fund, thus eliminating the separate reserve designation. The Recreation Fund will continue to be subsidized as needed by the General Fund. The General Fund calculation was updated to factor in treatment of onetime expenses and ongoing transfers in or out. This policy will be amended as needed for future years.

FISCAL IMPACT
The FY23-24 Proposed Budget includes revenues of $31.2 million and expenditures totaling $43.3 million; inclusive of fund transfers in/out of $3.8 million, and inclusive of Capital Improvement Projects of $14.8 million.

STAFF RECOMMENDATION
It is recommended the City Council adopt the following resolutions:

1. Resolution No. 630.43 approving the FY 2023-24 Annual Budget and making related appropriations.

2. Resolution No. 1955.25 approving the FY 2023-24 Classification and Salary Schedules.

3. Resolution No. 1501.30 approving the continued collection of the Utility Users Tax for FY 2023-24.

4. Resolution No. 1932.4 approving minimum reserve policy for certain funds. (Council Policy No. 04-17)

TABLE OF CONTENTS

1. Resolution Approving FY 2023-24 Annual Budget

2. Exhibit A FY23-24 Budget Summary

3. Resolution Approving Salary Schedule and Classification FY23-24

4. Updated Exhibit B Salary Schedule FY23-24 - 6.20.23

5. Resolution Approving Utility Users Tax Continuation for FY 2023-24

6. Resolution Approving Minimum Reserve Policies for FY 2023-24

7. Exhibit C Council Policy 04-17 Minimum Reserve Policy

RESOLUTION NO. 630.43

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY APPROVING THE CITY’S ANNUAL BUDGET FOR FISCAL YEAR 2023-24

AND MAKING APPROPRIATIONS FOR THE AMOUNTS BUDGETED
WHEREAS, the City Manager is responsible for preparing and submitting a City budget for the operation and improvements of the community for City Council approval; and WHEREAS, the City Council has reviewed and evaluated the proposed budget submitted by the City Manager; and
WHEREAS, the community has had an opportunity to review and make additional suggestions regarding the proposed annual budget to the City Council.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED as follows:

1. The City of Scotts Valley’s FY 2023-24 Annual Budget for the fiscal year ending June 30, 2024 is hereby approved as set forth in the attached Exhibit A and incorporated herein.

2. The City Manager is hereby delegated responsibility for the administration of the budget and is authorized to transfer appropriations as necessary between departments, except that any transfers between funds must be approved by the City Council.

3. The City Manager is authorized to establish encumbrances from unexpended budget appropriations for operating and/or capital expenditures from the prior and current fiscal year, and shall not certify any encumbrance nor execute any payment in excess of approved department budget appropriations.

4. The City Manager or designee is hereby authorized to establish an operating reserve to accumulate receipts in excess of the estimated revenues as set forth in the budget document. Said reserve is established for the purpose of funding the budget of subsequent years and the receipts in this reserve are hereby appropriated for said purpose.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a regular 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

PUBLISHED MAY 2023
Mali LaGoe, City Manager

BUDGET HIGHLIGHTS CITY COUNCIL'S GOALS
Beginning General Fund Balance is $4.4 better
than FY 22/23 budget due to a delay in 115
Pension Trust funding of $2.5 million and $1.9
million in unrealized expenditures/cost
savings.

Overall revenue increased 14% over the
current fiscal year and operating expenses are
up by 13%.

The Economic Development budget focuses
on investments to prepare the Town Center for
development.

The City’s CIP focuses on critical wastewater
treatment plant infrastructure upgrades
totaling $4.7 million of the total $14.8 million in
programmed expenditures.

The budget adds 3 new positions for a total
staffing count of 69.5 permanent staff.

Four emergency road repair projects from
recent storms are prioritized on Bean Creek
Road, Green Hills Road, Granite Creek Road
and Scotts Valley Drive.

Identify additional revenue sources to
support a thriving City.

1. Invest in operational enhancements to
improve the efficiency of day-to-day
operations.

2. Plan for the future by completing the
General Plan update, Housing Element, and
facilitating the future development of the
Town Center.

3. Explore new ways to connect and partner
with local businesses to explore Scotts
Valley’s brand and competitive advantage.

4. Re-establish recreation programming that
supports the diverse interests of our
community.

5. Prioritize implementation of critical
Wastewater infrastructure projects.

6. Encourage civic engagement and improve
transparency by launching the City's new
website and OpenGov portal and increase
use of digital media to share and receive
information with Scotts Valley residents.

7. Invest in improvements to bike and
pedestrian safety.

8. Support cultural events, art, and projects
that celebrate Scotts Valley.

9. FY 2023-24 PROPOSED BUDGET

SCOTTS VALLEY, CA
Exhibit A

City Manager Budget Message
June 1, 2023
Honorable Mayor and Members of the City Council:

With appreciation for the tremendous collective effort dedicated to its development, the FY 2023- 24 City of Scotts Valley Preliminary Budget is presented to the City Council for your consideration.

The last year has been marked with rebuilding and resilience as we fully emerge from the global pandemic while experiencing ongoing economic aftershocks including three bank failures, historically high interest rates and persistent inflation across the country and region. The tech sector has been impacted the most with over 150,000 layoffs and close ties to Silicon Valley Bank and First Republic Bank. Scotts Valley’s proximity to the Silicon Valley and history as a tech incubator has us particularly vulnerable to this uncertainty. In the last few months, Zero Motorcycle laid off 25% of its workforce in Scotts Valley, Salesforce pulled out of its multimilliondollar contract with 1440 Multiversity and Giro/Bell announced it is closing its Scotts Valley office this fall. These losses will impact our tax base and workforce. On the positive side, we welcomed Ambient Photonics and the relocation of Poly, Inc. to Scotts Valley.

The City also endured a series of atmospheric river events between January and March this year, disrupting business activity, damaging roads and derailing our Public Works department’s maintenance routine, as they spent most of three months in emergency response mode. In addition to the roads, the wastewater treatment plant took on an additional million gallons of water a day during the peak storms, maxing its capacity and requiring 24/7 monitoring and swift action to keep the system from failing. Fortunately, Scotts Valley was less impacted than our surrounding communities in the mountains and along the coast where devastating flooding destroyed homes, businesses, and historical landmarks. Still, the recovery efforts will take resources away from our regular maintenance work and our foundational Capital Improvement Plan that needs significant attention.

Despite the challenges and economic uncertainty, our organization has been rebuilding, thanks to the passage of Measure Z in March 2020. In the current year, Measure Z accounted for $4.6 million of the City’s revenue, and allowed us to hire key staff across the City, and especially to shore up the Police Department which is now above 90% staffed. In the Preliminary Budget for FY 2023-24, Measure Z is expected to remain flat.

In addition, our efforts to rebuild the City’s infrastructure and organizational capacity have seen wins and setbacks. We made great strides in updating the City’s technology this year and although we continue to face pressure from a tight labor market fueled by inflation, a shortage of qualified applicants, and higher salaries in the San Jose market, we have been successful in hiring and retaining several key staff members. In calendar year 2022, we onboarded 19 new employees.

However, our staffing situation is anything but stable as we must remain diligent in our efforts be competitive financially as well as culturally and in supporting our employees’ professional development. As City Manager, one of my top priorities is investing in our staff in meaningful ways to make the City of Scotts Valley a rewarding place to work and build a career.

We also developed new mission, vision and values statements this year with input from staff, leadership and the City Council. Posters proudly display these guiding statements at all city facilities as a daily reminder to all staff of our unified goal and culture across all departments.

The Council established the following priorities for the coming fiscal year:

1. Identify additional revenue sources to support a thriving City.

2. Invest in operational enhancements to improve the efficiency of day-to-day operations.

3. Plan for the future by completing the General Plan update, Housing Element, and facilitating the future development of the Town Center.

4. Explore new ways to connect and partner with local businesses to explore Scotts Valley’s brand and competitive advantage.

5. Re-establish recreation programming that supports the diverse interests of our community.

6. Prioritize implementation of critical Wastewater infrastructure projects.

7. Encourage civic engagement and improve transparency by launching the City's new website and OpenGov portal and increase use of digital media to share and receive information with Scotts Valley residents.

8. Invest in improvements to bike and pedestrian safety.

9. Support cultural events, art, and projects that celebrate Scotts Valley.

These goals have been used to inform the proposed budget and will be supported by strategies and tactics developed by staff.

Budget Overview
The proposed FY 2023-24 annual budget includes cautious revenue assumptions as the City and the region continue to face high inflation and economic uncertainty. Overall revenue of $32 million is included with $14 million of that revenue generated from taxes, including Measure Z. The budget includes $28 million in operating expenditures and an ambitious $14.8 million in capital projects for a total budget of $43 million.

This budget includes a planned use of fund balance ($5 million of General Fund and $3 million from designated CIP funds) and depends on securing up to $4 million in financing for wastewater CIP projects. In all likelihood, we will not complete every project on the CIP or maintain full staffing, resulting in budget savings as we progress through the year.

Highlights from the proposed FY 2023-24 budget are as follows:
▪ The Economic Development budget focuses on investments to prepare the Town Center for development.
▪ The City’s CIP focuses on critical wastewater treatment plant infrastructure upgrades totaling $4.7 million per Council directed goals.
▪ Certain programs and personnel have been restructured and reassigned to new departments to improve organizational efficiency. Three new positions are included in the budget with the addition of a Wastewater Lab Manager, Chief Building Official, and Accounting Assistant.

Vacancies will be reviewed and assessed throughout the year for efficiency and necessity before refilling.

▪ This is the final year for a Proposition 56 Tobacco Prevention Act grant totaling $189,000 per year for three years that has allowed the funding of a Police School Resources Officer and other program and administrative costs to reduce use of tobacco products amongst schoolage children and within the community as a whole. ▪ $50,000 in General Fund is allocated to support the City’s Community Grant Program, while $44,000 has been eliminated which previously contributed to the County’s Housing for Health program.
▪ The budget eliminates the separate enterprise fund for Recreation and instead operates it out of the General Fund.
▪ A $1.4 million community grant will provide for the replacement of the Vine Hill Childcare facility with a new modular building.
▪ $750,000 Congressional community project funding will allow for the replacement of certain playground equipment at Skypark.
▪ Four emergency road repair projects are prioritized on Bean Creek Road, Green Hills Road, Granite Creek Road and Scotts Valley Drive.

Fiscal Reserves
The City Council establishes target reserve policies for its operating and capital funds.

Nonetheless, the General Fund is expected to draw down reserves totaling $5.25 million in FY 2024 as expenses outpace revenues to provide core services and deliver capital improvement projects leaving a projected ending fund balance of $3.7 million or 19% of operating expenses.

In order to accomplish all of the Wastewater CIP projects, the budget relies on financing up to $4 million this year to supplement the Wastewater Capital Fund.

Long Range Planning
The City’s long-range forecast predicts a structural budget deficit fueled by rising operating and capital costs. You may recall that in 2021, then City Manager, Tina Friend, included this in her budget message:

Prior to the pandemic, the City’s budget had been at risk for years, with inadequate revenues to support basic functions. Over time, waves of reductions led to the tightening of the organization to its current condition of skeletal staffing, tremendous challenges with recruitment and retention, and underinvestment in City operations, equipment and technology.

Her work with the City Council to propose Measure Z stopped the immediate fiscal crisis the City faced, however as we project forward into the next 10 years, the City’s financial picture is still unsustainable. The City will need additional revenue sources if it is going to be able to meet the expectations of the community in the areas of street conditions, park amenities, recreation programming, and modernization of our facilities. To help us understand the extent of these needs, Public Works has started several assessments that will continue into the next fiscal year:
▪ The Parks Master Plan and Recreation Strategic Plan will tell us what park amenities and programs the community wants to see in the coming years.

▪ A Pavement Condition Assessment will identify the condition of every city-maintained street and what it will cost to improve the City’s streets to the pavement index rating goal set by the City Council of 70;
▪ A Facility Assessment will identify the extent of deferred maintenance in all of our City facilities and estimate repair costs.

With the cumulative information these reports will provide, the City will need to decide where to invest its limited funds and how to raise additional revenue to support a thriving city for generations to come.

In Closing
As I’ve heard from recruits, residents and Council Members, Scotts Valley is on an upward trajectory. A renewed optimism and commitment to what our small city can become is palpable at community events, in the halls of City Hall and in our day-to-day interactions with residents. Our community has demonstrated its resilience, creativity, and adaptiveness through the pandemic, the CZU fire, atmospheric rivers and economic uncertainty. Now is the time to build upon that momentum to strengthen our community and our organization.

Thank you to the City Council for your ongoing support and commitment to the Scotts Valley community. Thank you to Mayor Dilles and Vice Mayor Johnson, as the budget subcommittee, for your guidance and feedback as we prepared this budget, and a huge thank you to the finance team and executive team for building this budget in a new software platform and for your incredibly hard work to help move our organization forward.

Mali LaGoe
City Manager

Long-Range Financial Forecast
The City prepares a long-range financial forecast for all funds. These forecasts are not intended to accurately predict the outcome of future financial operations in fine detail. Rather, financial forecasts are used as planning tools to identify future trends and issues that require policy direction relative to capital improvement expenditures funding, providing, and maintaining service levels to the community, and to identify if there are any fiscal challenges that lay ahead that may require revenue enhancements to maintain desired service levels, or expenditure cuts to protect the city’s fiscal resources.

The key in preparing any forecast is to start with a reasonably accurate assessment of the current status of fund balance reserves, current revenue projections and trends, developing an expenditure plan that is reflective of current service levels, and incorporating a capital expenditure plan that identifies the priorities for maintaining city infrastructure.

The chart below shows the projected General Fund Available Balance through FY 2032-33. The General Fund is highlighted as part of the long-range financial forecast because the majority of the City’s total expenditures are found within the General Fund. This chart includes the most upto-date budget data, including the activities included in the FY 2023-24 Proposed Budget and references a General Fund reserve minimum at 17%.
o Chart assumes continuation of Measure Z revenues in future years.

Additionally, the long-range analysis evaluated the annual General Fund surplus or deficit based on numerous financial variables including anticipated projected revenues, increase in costs to provide services, increase in costs to long-term liabilities, and an assumption of limited to no recession impacts. The analysis assumes the voter approved renewal of Measure Z, an important variable to consider when planning for the future stability of the General Fund.

However, based on planned strategic use of the General Fund, FY 2023-24 budget is showing a $5.2 million deficit, of which $2 million is to seed fund a Section 115 trust to be used towards $(5.0)
$-
$5.0
$10.0
201920202021202220232024202520262027202820292030203120322033 Millions
City of Scotts Valley General Fund Reserve
Forecast
Ending Reserves Reserve Minimum

future pension and other post-employment employee benefit liabilities. Other funds are going toward supplementing the recreation division ($600K) and capital improvement projects. o Chart assumes continuation of Measure Z revenues in future years.

The baseline ten-year financial forecast for the General Fund indicates that the City faces a small structural operating deficit at current service and staffing levels even with the approval of Measure Z, the local 1.25% transactions and use (sales) tax measure approved by voters in March 2020. Measure Z is expected to generate over $4.5 million in FY 2023/24 and will continue to grow until its expiration in FY 2031/32. The expiration of Measure Z and the ongoing deficit will need to be addressed in the coming years.

The City has secured a team of financial consultants to help assess the City’s long-term financial position, including to help the City Council develop debt management strategies to accommodate a comprehensive and contemporary long-range financial plan. Based on that discussion and policy direction from the City Council, the City’s long-range financial forecasts will be updated to reflect those scenarios.
$1.1
($1.1)
$2.9
$2.1
$0.3
($5.2)
($0.5)($0.5)($0.9)($0.5)($0.9)($0.9)($0.8)($0.8)($0.7)
$(6.0)
$(4.0)
$(2.0)
$-
$2.0
$4.0
201920202021202220232024202520262027202820292030203120322033 Millions
City of Scotts Valley General Fund Surplus
(Deficit) Forecast

Fund Description
Estimated
Beginning Fund
Balance
7/1/2023
Estimated
Revenues
FY24
Transfers
In
Estimated
Total Funds
Available
Proposed
Budget
Expenditures
FY24
Transfers
Out
Projected
Ending Fund
Balance
06/30/2024
General Funds
1 General Fund 8,643,199 16,684,746 25,327,945 18,852,012 3,137,979 3,337,954 6 Equipment Replacement Reserve 72,936 570,998 643,934 300,000 343,934 Subtotal General Funds 9,214,197 16,757,682 - 25,971,879 19,152,012 3,137,979 3,681,888 General Capital Improvement Fund
150 General Capital Improvements 2,853,877 5,356,678 8,210,555 5,864,457 2,346,098 Special Revenue Funds - Development Impact Fees
7 Drainage Construction Impact Fees 91,899 12,628 104,527 25,000 79,527 8 Traffic Impact Mitigation Fees 191,464 1,211,777 1,403,241 349,396 1,053,845 9 Park & Recreation Facilities Impact Fees 257,344 1,634,895 1,892,239 131,070 1,761,169 21 General Facility Impact Fees 14,919 (2,086) 12,833 12,833 27 Police Facility Building Impact Fees 41,845 344,032 385,877 503,648 (117,771) 51 Mt. Hermon Traffic Mitigation 189,502 5,805 195,307 195,307 86 Library Impact Fees 447,561 32,050 479,611 1,000 478,611 315 Police Development Fees 2,050 66,931 68,981 68,981
Subtotal Special Revenue Funds - Development Imp 558,105 3,984,511 - 4,542,616 1,010,114 - 3,532,502 Special Revenue Funds - Other
2 Recycling/Environment 495,000 (339,020) 155,980 100,000 55,980 3 Gas Tax 870,131 488,319 1,358,450 504,102 854,348
4 Recreation (12,686) 71,122 806,651 865,087 836,044 14,042 15,001 5 SMIP Fees 12,760 4,277 17,037 5,000 12,037
19 Affordable Housing 131,352 3,060,125 3,191,477 171,500 3,019,977 24 Lennar Funds 599,850 104,200 704,050 25,000 679,050
28 Senior Center Operations 29,558 (172,485) 210,598 67,671 60,193 1,964 5,514 31 STP Exchange Projects 990,635 911,158 1,901,793 900,000 1,001,793 33 Tree Replacement 4,251 31,477 35,728 35,728
35 Green Building Funding 49,383 648,864 698,247 6,000 692,247 36 Disability Compliance 16,654 6,026 22,680 6,000 16,680 50 Pinewood Estates Maint. Dist. 94 5,971 6,065 6,000 65 77 Skypark Landscape Maint. Dist. 30,021 42,004 72,025 52,000 20,025 78 Skypark Landscape Maint. Dist. Insurance 555,304 25,810 581,114 581,114 88 Library Improvements (Measure S) 662,974 29,572 692,546 692,546 89 Library - Cty MOE Excess Distribution 362,703 18,158 380,861 1,000 379,861 115 (NEW) Section 115 Set Aside - Pension - 2,000,000 2,000,000 2,000,000 123 Commmunity Facility Center Operations 139,372 333,865 473,237 34,500 436,273 2,464 155 Measure D Sales Tax for Transportation 384,732 328,758 713,490 1,225,873 (512,383) 178 CalTRANS - Get Everyone Moving Grant - 283 283 283
268 Prop 68 Parks/Water Bond Act - - 178,000 (178,000)
306 Supplemental Law Enforcement Services 114,144 338,824 452,968 182,000 270,968 309 Police Prop 56 Tobacco Prevention 47,900 189,000 236,900 195,000 41,900 312 Police Budget Act 2016 19,976 476 20,452 12,000 8,452 313 Youth Programs 47,000 - 47,000 - 47,000
316 Homeland Security Grant 720 1,479 2,199 2,199
317 EDG Revolving Loan 601,859 - 183,333 785,192 183,333 601,859 Subtotal Special Revenue Funds - Other 9,093,319 3,188,631 3,200,582 15,482,532 4,683,545 452,279 10,346,708 Debt Service Funds
26 Pension Obligation Bond - - 442,735 442,735 442,735 - 66 COP Debt Service Reserve 994,598 30,554 1,025,152 1,025,152 Subtotal Debt Service Funds 994,598 30,554 442,735 1,467,887 442,735 - 1,025,152 Wastewater Enterprise Funds
10 Wastewater Operations 2,049,936 3,670,136 5,720,072 3,301,124 163,059 2,255,889 11 Tertiary Operating 384,232 189,660 110,000 683,892 678,996 4,896 12 Wastewater Capital Reserve 168,585 458,034 626,619 4,390,182 (3,763,563) 14 Wastewater Equipment Replacement 122,738 122,738 122,738 15 TTP District Reserve 3,390 10,655 14,045 14,045
Subtotal Wastewater Enterprise Funds 3,018,330 4,039,036 110,000 7,167,366 8,370,303 163,059 (1,365,996) Internal Service Fund
112 Dental Insurance 4,344 65,752 70,096 70,096 -
Total All Funds 31,665,977 27,493,637 3,753,317 62,912,931 39,593,262 3,753,317 19,566,352 Total revenues with transfer 31,246,954 s Total expenses with transfer 43,346,579 s City of Scotts Valley
Summary of Financial Resources and Requirements
FY 2023-2024

Five-Year Capital Improvement Project (CIP) Summary
FY 2023-24 through FY 2027-28
CIP # Priority Description Funding Source Est. Carry Forward from Prior Year Additional FY 2023- 24 Requests Full FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 STATUS Wastewater
1 A Wastewater Recovery Master Plan WWTP-C $ 50,000 85,973 $ $ 135,973 $ - - $ - $ - $ On Hold 2 A PLC/SCADA Upgrades WWTP-C $ - 562,243 $ $ 562,243 $ - - $ - $ - $ Active - Const.3 A Clarifier Superstructure & Walkways WWTP-C $ - 150,000 $ $ 150,000 $ - 300,000 $ - $ - $ Not Started 5 A Upgrade Tertiary Treatment Pumps TTF $ 70,000 340,000 $ $ 410,000 $ - - $ - $ - $ Active - Purchase 6 A Aeration Basin System Upgrade WWTP-C $ 250,000 1,000,000 $ $ 1,250,000 $ - - $ - $ - $ Active - Design 7 B Stormwater LID WWTP-C $ - - $ $ - $ 150,000 - $ 150,000 $ - $ NA 9 A Sewer Vactor Truck WWTP-C $ - 450,000 $ $ 450,000 $ - - $ - $ - $ Active - Purchase 10 A Effluent Pump Replacement WWTP-C $ 110,000 31,213 $ $ 141,213 $ - 100,000 $ - $ 200,000 $ Active - Purchase 11 B Wastewater Offices Facility Improvements WWTP-C $ 100,000 - $ $ 100,000 $ - - $ - $ - $ Not Started 12 B Facility Truck WWTP-C $ - $ - $ - 55,000 $ - $ - $ NA 13 A Collection System Lift Stations WWTP-C $ 175,000 $ 175,000 $ 510,000 360,000 $ 300,000 $ 300,000 $ Not Started 14 A Collection System Pipeline Upgrades WWTP-C $ 230,000 200,000 $ $ 430,000 $ 490,000 260,000 $ 330,000 $ 360,000 $ Not Started15 A Collection System Inspection & Monitoring WWTP-C $ 100,000 100,000 $ $ 200,000 $ 100,000 100,000 $ 100,000 $ - $ Active - RFP 52 A Belt Press Conveyor Replacement WWTP-C $ - 255,754 $ $ 255,754 $ - - $ - $ - $ Active - Design 23-01 B New Technology - Identified in Wastewater Rate Study WWTP-C $ - - $ $ - $ - - $ 2,500,000 $ 2,500,000 $ NA 24-01 A Flow Equalization Stucture Pipeline Repairs WWTP-C $ 50,000 - $ $ 50,000 $ - 200,000 $ - $ - $ Not Started 24-02 A Generator Transfer Switch and UPS upgrades WWTP-C $ 150,000 - $ $ 150,000 $ - - $ - $ - $ Not Started 24-03 A IPS Wash Compactor WWTP-C $ 240,000 - $ $ 240,000 $ - - $ - $ - $ Not Started Wastewater TOTAL $ 1,350,000 3,350,182 $ $ 1,375,000 4,700,182 $ 1,250,000 $ 3,380,000 $ 3,360,000 $ Transportation
16 A Annual Street Maintenance/Resurfacing GT/SB1/Meas D $ 150,000 275,000 $ $ 425,000 $ 650,000 650,000 $ 850,000 $ 950,000 $ Not Started 18 A Bean Creek Road Pavement Rehab - Phase 1 Meas D/RSTPX $ - 950,873 $ $ 950,873 $ - - $ - $ - $ Active - Bid 19 B Mt. Hermon Road Cooridor Improvements TDIF $ - 349,396 $ $ 349,396 $ - - $ - $ - $ Active - Study20 B Janis Way Digout, Overlay, Sidewalk, Bike Lanes Measure D $ - - $ $ - $ - - $ - $ 250,000 $ Not Started 21 A Scotts Valley Drive - Surface Seal Measure D/SB1 $ 500,000 75,000 $ $ 575,000 $ - - $ - $ - $ Active - Bid 22 A Glenwood Drive - Preventative Maintenance Measure D $ 100,000 - $ $ 100,000 $ - - $ - $ NA23 A Mount Hermon Road - Preventative Maintenance Measure D $ - - $ $ - $ - 200,000 $ - $ NA 24 A Bean Creek Road Pavement Rehab - Phase 2 Measure D $ - - $ $ - $ 300,000 - $ - $ - $ NA25 A Lockwood Lane Street Improvements Measure D $ - - $ $ - $ 100,000 - $ - $ NA53 A Annual Citywide Street Striping1 CIP $ 100,000 66,619 $ $ 166,619 $ 100,000 - $ - $ 100,000 $ Active - Const. 54 A Granite Creek Paving1 RSTPX/SB-1 $ 579,102 $ 579,102 $ - - $ - $ - $ Active - Design 23-02 A Utility Undergrounding (Scotts Valley Dr. and Granite Creek) Rule 20A (PG&E) $ - - $ $ - $ - - $ 1,261,345 $ - $ NA 24-04 A Green Hills Road - Storm Repair FHWA $ 500,000 - $ $ 500,000 $ - - $ - $ - $ Active - Design 24-05 A Bean Creek Raod - Storm Repair FHWA $ 500,000 - $ $ 500,000 $ - - $ - $ - $ Active - Design Transportation TOTAL $ 1,850,000 2,295,990 $ $ 650,000 4,145,990 $ 1,250,000 $ 2,211,345 $ 1,300,000 $ Storm Drains
27 A Storm Drain Trash Capture System CIP $ - - $ $ - $ 125,000 343,800 $ 125,000 $ - $ On Hold 28 B Storm Drain Master Plan Update SD DIF $ - - $ $ - $ - 100,000 $ - $ - $ Not Started

Five-Year Capital Improvement Project (CIP) Summary
FY 2023-24 through FY 2027-28
CIP # Priority Description Funding Source Est. Carry Forward from Prior Year Additional FY 2023- 24 Requests Full FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 STATUS 29 B Pinecone Drive Draining Improvements CIP $ - 50,000 $ $ 50,000 $ - 150,000 $ - $ - $ Active - Design 30 B Sunridge Drive Stormwater Repair CIP $ - 361,465 $ $ 361,465 $ - - $ - $ - $ Active - Bid 24-06 B Scotts Valley Drive - Culvert Repair CIP $ 150,000 - $ $ 150,000 $ - - $ - $ - $ Active - Design24-07 B Granite Creek - Culvert Repair CIP $ 100,000 - $ $ 100,000 $ - - $ - $ - $ Not Started Storm Drains TOTAL $ 250,000 411,465 $ $ 593,800 661,465 $ 125,000 $ 125,000 $ - $ Parks
31 A Parks ADA Improvements - Phase 1 Lennar $ - - $ $ - $ - 116,300 $ - $ - $ Not Started 32 A Parks ADA Improvements - Phase 2 Lennar $ - - $ $ - $ - - $ 105,000 $ - $ Not Started 33 A Senior Center ADA Improvements - Phase 2 CIP $ - 74,000 $ $ 74,000 $ - - $ - $ - $ Not Started 36 B Parks System Master Plan Parks DIF $ - 106,070 $ $ 106,070 $ - - $ - $ - $ Active - Study 37 A Skypark Play Structure Equipment - Tot Lot P68, CIP $ - 287,911 $ $ 287,911 $ - - $ - $ Active - Const.38 C Hocus Pocus Park Play Structure Equipment Parks DIF $ - - $ $ - $ 520,000 - $ - $ - $ NA 39 A Vine Hill Childcare Facility HUD $ - 1,400,000 $ $ 1,400,000 $ - - $ - $ - $ Not Started 40 C Skypark Tennis Area Improvements Parks DIF, Lennar $ - 50,000 $ $ 50,000 $ - - $ - $ - $ Not Started 55 A Siltanen Park Irrigation System Replacement CIP $ - 226,713 $ $ 226,713 $ - - $ - $ - $ Active - Bid 23-03 B Hocus Pocus - Electrical and LIghting Repairs CIP $ 75,000 - $ $ 75,000 $ - - $ - $ - $ NA 23-04 B Hocus Pocus - Basketball Court Resurfacing CIP $ - - $ $ - $ - 50,000 $ - $ - $ NA 23-05 B Skatepark - Fence Replacement CIP $ 55,000 - $ $ 55,000 $ - - $ - $ NA 23-06 B MacDorsa Park - Irrigation System Replacement CIP $ - - $ $ - $ - - $ 80,000 $ - $ NA 23-07 B MacDorsa Park - Play Structure Replacement CIP $ - - $ $ - $ - - $ 75,000 $ - $ NA23-08 B Skypark - Painting (Bldgs, gazebos, BBQ) CIP $ 55,000 - $ $ 55,000 $ - - $ - $ - $ NA 23-09 B Siltanen Park - Bleacher Upgrades / Replacements CIP $ - - $ $ - $ - 50,000 $ - $ NA 23-10 B Siltanen Park - Softball Fencing and Netting Replacement CIP $ - - $ $ - $ - 50,000 $ - $ - $ NA 24-08 B Skypark Play Structure Replacement HUD $ - - $ $ - $ - 757,000 $ - $ Not Started Parks TOTAL $ 185,000 2,144,694 $ $ 973,300 2,329,694 $ 570,000 $ 260,000 $ - $ General Facilities
42 A HVAC Replacement at City Hall CIP $ - - $ $ - $ - $ 251,191 $ - - $ On Hold 43 A City Facility ADA Improvements - Phase 1 CIP $ - 73,400 $ $ 73,400 $ - - $ - $ - $ Active - Design 44 A City Facility ADA Improvements - Phase 2 CIP $ - - $ $ - $ - 150,000 $ - $ - $ NA 46 A Public Works Facility Improvements CIP $ 250,000 1,142,949 $ $ 1,392,949 $ - - $ - $ - $ Active - Design 47 C Public Works Quonset Hut Replacement CIP $ - - $ $ - $ - 350,000 $ - $ - $ NA 48 C Public Works Equipment Storage Building Replacement CIP $ - - $ $ - $ - 200,000 $ - $ NA 49 A Police Department Locker Room Police Build.DIF $ - 233,648 $ $ 233,648 $ - - $ - $ - $ Active - Design 50 C Police Department Armory Police Build.DIF $ - - $ $ - $ - 70,000 $ - $ - $ Not Started 58 A Police Department Fitness Facility Upgrades CIP $ - - $ $ - $ - 30,000 $ - $ - $ Not Started59 A Universal Power Supply PDIF $ - 49,975 $ $ 49,975 $ - - $ - $ - $ Not Started 23-11 A City Hall Roof Replacement CIP $ - 75,000 $ $ 75,000 $ - 200,000 $ - $ - $ Active - Design23-12 A City Facilities Condition Assessment CIP $ - 75,000 $ $ 75,000 $ - - $ - $ - $ Active - RFP23-13 A City Hall / Police Department Generator Replacement CIP $ - - $ $ - $ - 175,000 $ - $ - $ NA

Five-Year Capital Improvement Project (CIP) Summary
FY 2023-24 through FY 2027-28
CIP # Priority Description Funding Source Est. Carry Forward from Prior Year Additional FY 2023- 24 Requests Full FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 FY 2027-28 STATUS24-09 B Community Center/Senior Center - Generator Installation CIP $ 175,000 - $ $ 175,000 $ - - $ - $ - $ NA 24-10 B City Facility Security Upgrades CIP $ 100,000 - $ $ 100,000 $ - - $ - $ - $ NA General Facilities TOTAL $ 525,000 1,649,972 $ $ 975,000 2,174,972 $ 451,191 $ - $ - $ Equipment
24-XX A (2) Patrol Vehicles Police 306 $ 110,000 - $ $ 110,000 $ - - $ - $ - $ 24-XX A Dispatch Center Upgrade Police B. DIF/Grant $ 270,000 - $ $ 270,000 $ - - $ - $ - $ Equipment TOTAL $ 380,000 - $ $ - 380,000 $ - $ - $ - $ Information Technology
23-15 A Computerized Maintenance Mgmt Software CIP $ - 249,400 $ $ 249,400 $ - - $ - $ - $ Active -RFP 24-11 A Server Replacements CIP $ 200,000 - $ $ 200,000 $ - 200,000 $ - $ - $ Not Started Information Technology TOTAL $ 200,000 249,400 $ $ 200,000 449,400 $ - $ - $ - $ $ 4,740,000 10,101,704 $ $ 4,767,100 14,841,704 $ 3,646,191 $ 5,976,345 $ 4,660,000 $ NOTES: Fund Funding Source 2 FY23-24 Summary
1 Addresses some projects listed in the Active Transportation Plan 150 CIP 3 $ 5,864,457 155 Measure D 1,225,873 $
UNFUNDED AND/OR FUTURE PROJECTS & PROJECT STUDIES: 31 RSTPX 900,000 $ Al Shugart Park Phase 1, 2, and 3 Constructuion (2009) 3 SB-1/Gas Tax 504,102 $ Active Transportation Plan Projects (2021) 306 Police SLES 110,000 $ Storm Water Master Plan (2019) 8 Traffic DIF 349,396 $ Sanitary Sewer Management Plan Projects (2021) 6 Equip. Reserve 300,000 $ Sanitary Sewer Options Study (2022) 27 Police Build. DIF 4 $ 503,648 Parks Master Plan (2024) 315 Police DIF 49,975 $
Facility Condition Assessment (2023) 268 Prop 68 178,000 $ Pavement Management Program (2023) 9 Parks DIF 131,070 $ 24 Lennar 25,000 $ 11 TTF 410,000 $ 12 WWTP-C 4,290,182 $ TOTAL 14,841,704 $
Notes:2 Some have multiple funding sources and were broken out on estimates. 3 CIP has $2.4M in funding from grants that are expected to be reimbursed and are factored into anticipated revenue.4 Dispatch Center will have grant funding, unknown amount at this time.

GRAND TOTAL

Fund # 4 115 10 12 11 26 28 317
Fund # Fund Title
Recreatio
n
Section
115 Set
Aside
Wastewater
Operations
Wastewater
Capital
Reserve
TTP
Operating
Pension
Obligatio
n Bond
Senior
Center
EDG
Revolving
Loan Total
1 General Fund E D 2,000,000 582,940 A 371,706 B 183,333 3,137,979 4 Recreation Fund A 14,042 14,042
10 Wastewater Operations C 110,000 A 53,059 163,05914 Wastewater Equipment Replacement -28 Senior Center Operations A 1,964 1,964 123 Community Facility Center Operations E 223,711 A 1,964 E 210,598 436,273 Totals 806,651 2,000,000 - - 110,000 442,735 210,598 183,333 3,753,317 Notes:

A - Transfer from operating department budgets to fund allocation of costs associated with Pension Obligation Bond debt service and administrative costs B - Transfer General Fund reserves to EDG Revolving Loan to advance fund CDBG loan over a three year period (ending FY23-24)C - Transfer to Tertiary Treatment Plant Fund from Wastewater Operations Fund to fund City's costs to operate the Tertiary Treatment PlantD - Transfer funds into the Section 115 trust for Pension useE - Transfers to Recreation and Senior Center operations to subsidizes losses as a result of the COVID-19 pandemic recession impacts on operations City of Scotts Valley
Schedule of Fund Balance Transfers
FY 2023 - 2024
Transfers In
Transfers out

RESOLUTION NO. 1955.25

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY

APPROVING THE SALARY SCHEDULE AND CLASSIFICATIONS FOR
FISCAL YEAR 2023-24
WHEREAS, City staff continues to analyze the organization’s evolving needs; and WHEREAS, staff have updated the salary schedules to be reflective of salary escalations per the respective agreements; and
WHEREAS, staff have identified classifications that are no longer pertinent to the current Fiscal Year and in the future; and
WHEREAS, an amendment to the salary schedule for these classifications is in the best interest of the City to recruit and retain top-tier talent; and WHEREAS, City Council approval is needed to amend a Salary Schedule.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED by the City Council of the City of Scotts Valley that the Salary Schedule for Fiscal Year 2023-24 is hereby approved as attached as Exhibit B.

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

Position Bargaining Unit Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 ACCOUNTANT I SEIU $4,810 $5,051 $5,303 $5,569 $5,847 $6,139 $6,446 ACCOUNTANT II Mid-Mgmt $5,853 $6,146 $6,453 $6,776 $7,115 $7,471 $7,844 ACCOUNTING ASSISTANT SEIU $4,047 $4,248 $4,461 $4,684 $4,918 $5,164 $5,422 ADMINISTRATIVE ANALYST I SEIU $5,942 $6,259 $6,572 $6,900 $7,146 $7,608 $7,988 ADMINISTRATIVE ANALYST II SEIU $6,777 $7,115 $7,470 $7,845 $8,237 $8,649 $9,081 ADMINISTRATIVE ASSISTANT I SEIU $4,047 $4,248 $4,461 $4,684 $4,918 $5,164 $5,422 ADMINISTRATIVE ASSISTANT II SEIU $4,244 $4,456 $4,679 $4,912 $5,158 $5,416 $5,686 ADMINISTRATIVE ASSISTANT III SEIU $4,566 $4,794 $5,035 $5,287 $5,551 $5,829 $6,121 ADMINISTRATIVE SECRETARY /ANALYST SEIU $4,793 $5,033 $5,285 $5,549 $5,826 $6,118 $6,424 ADMINISTRATIVE SECRETARY/ANALYST Mgmt & Conf $4,793 $5,033 $5,285 $5,549 $5,826 $6,118 $6,424 ADMINISTRATIVE SERVICES DIRECTOR Mgmt & Conf $11,849 $12,441 $13,063 $13,717 $14,403 $15,123 $15,879 ADMINISTRATIVE SERVICES DIRECTOR/DEPUTY CITY MANAGER Mgmt & Conf $12,442 $13,064 $13,717 $14,403 $15,123 $15,879 $16,673 ASSISTANT CIVIL ENGINEER SEIU $6,055 $6,358 $6,676 $7,010 $7,360 $7,728 $8,115 ASSISTANT PLANNER SEIU $5,887 $6,181 $6,489 $6,812 $7,152 $7,509 $7,883 ASSISTANT TO THE CITY MANAGER Mgmt & Conf $8,440 $8,862 $9,305 $9,770 $10,258 $10,771 $11,310 ASSOCIATE CIVIL ENGINEER Mid-Mgmt $8,670 $9,104 $9,560 $10,037 $10,538 $11,066 $11,619 ASSOCIATE PLANNER SEIU $6,926 $7,272 $7,634 $8,015 $8,415 $8,834 $9,274 BUILDING INSPECTOR SEIU $5,074 $5,328 $5,594 $5,874 $6,168 $6,477 $6,801 BUILDING OFFICIAL Mid-Mgmt $9,538 $10,015 $10,516 $11,043 $11,595 $12,174 $12,783 BUILDING PERMIT TECHNICIAN SEIU $4,047 $4,248 $4,461 $4,684 $4,918 $5,164 $5,422 CITY CLERK Mgmt & Conf $8,440 $8,862 $9,305 $9,770 $10,258 $10,771 $11,310 CITY ENGINEER Mid-Mgmt $8,491 $8,915 $9,361 $9,829 $10,320 $10,836 $11,378 CITY MANAGER Mgmt & Conf $16,844 $17,657 $18,540 $19,467 $20,440 $21,462 $22,535 CIVIL ENGINEER Mid-Mgmt $7,366 $7,735 $8,121 $8,527 $8,954 $9,401 $9,872 SEIU $4,676 $4,909 $5,155 $5,413 $5,684 $5,968 $6,267
Mgmt & Conf $11,849 $12,441 $13,064 $13,717 $14,403 $15,122 $15,879Mgmt & Conf $12,442 $13,064 $13,717 $14,403 $15,123 $15,879 $16,673 Mgmt & Conf $489 $489 $489 $489 $489 $489 $489
Mgmt & Conf $5,853 $6,146 $6,454 $6,734 $7,116 $7,471 $7,845 PBU $4,760 $4,997 $5,248 $5,510 $5,786 $6,075 $6,379
PBU $5,274 $5,539 $5,815 $6,107 $6,412 $6,733 $7,070
PBU $5,381 $5,650 $5,933 $6,231 $6,541 $6,867 $7,210
SEIU $5,378 $5,647 $5,930 $6,226 $6,537 $6,864 $7,206
SEIU $4,592 $4,822 $5,063 $5,316 $5,582 $5,861 $6,154
SEIU $4,310 $4,525 $4,752 $4,989 $5,239 $5,500 $5,776
Mid-Mgmt $8,670 $9,104 $9,559 $10,037 $10,539 $11,066 $11,619Mid-Mgmt $8,670 $9,104 $9,559 $10,037 $10,539 $11,066 $11,619

CODE ENFOREMENT OFFICER

COMMUNITY DEVELOPMENT DIRECTOR

COMMUNITY DEVELOPMENT DIRECTOR/DEPUTY CITY MANAGER

COUNCIL MEMBER

DEPUTY CITY CLERK
EDC-I
EDC-II

EDC-III

ENGINEERING ASSOCIATE

ENGINEERING TECHNICIAN

MAINTENANCE TECHNICIAN

FINANCE MANAGER

HUMAN RESOURCES MANAGER
LABORER SEIU $3,274 $3,437 $3,609 $3,789 $3,979 $4,178 $4,387 CITY OF SCOTTS VALLEY - SALARY SCHEDULE - 07/01/2023 - 06/30/2024 Exhibit B

Position Bargaining Unit Step 1 Step 2 Step 3 Step 4 Step 5 Step 6 Step 7 CITY OF SCOTTS VALLEY - SALARY SCHEDULE - 07/01/2023 - 06/30/2024 MAINTENANCE DIVISION MANAGER Mid-Mgmt $8,116 $8,522 $8,948 $9,396 $9,865 $10,358 $10,877 MAINTENANCE SUPERVISOR SEIU $5,008 $5,258 $5,521 $5,798 $6,088 $6,392 $6,712 MAINTENANCE WORKER I SEIU $3,439 $3,612 $3,792 $3,982 $4,182 $4,391 $4,611 MAINTENANCE WORKER II SEIU $3,873 $4,067 $4,269 $4,483 $4,707 $4,942 $5,189 MAINTENANCE WORKER III SEIU $4,387 $4,606 $4,836 $5,078 $5,332 $5,599 $5,879 OFFICE ASSISTANT SEIU $3,026 $3,178 $3,337 $3,503 $3,679 $3,862 $4,055 POLICE CAPTAIN Mgmt & Conf $12,080 $12,684 $13,317 $13,984 $14,683 $15,417 $16,188 POLICE CHIEF Mgmt & Conf $14,815 $15,556 $16,334 $17,151 $18,008 $18,908 $19,854 POLICE LIEUTENANT PSA $10,333 $10,850 $11,392 $11,962 $12,559 $13,187 $13,847 POLICE OFFICER PBU $6,931 $7,278 $7,641 $8,024 $8,424 $8,845 $9,287 POLICE OFFICER TRAINEE PBU $6,931 $7,278 $7,641 $8,024 $8,424 $8,845 $9,287 POLICE SERGEANT PSA $8,467 $8,890 $9,334 $9,801 $10,292 $10,806 $11,346 PRINICPAL PLANNER Mid-Mgmt $8,030 $8,431 $8,853 $9,296 $9,760 $10,248 $10,761 PROJECT MANAGER Mid-Mgmt $7,370 $7,738 $8,123 $8,530 $8,958 $9,406 $9,876 PUBLIC WORKS DIRECTOR Mgmt & Conf $11,284 $11,848 $12,441 $13,063 $13,716 $14,402 $15,122 PUBLIC WORKS DIRECTOR/CITY ENG Mgmt & Conf $11,849 $12,441 $13,063 $13,716 $14,402 $15,122 $15,878 PUBLIC WORKS DIRECTOR/CITY ENGINEER/DEPUTY CITY MANAGER Mgmt & Conf $12,442 $13,064 $13,717 $14,403 $15,123 $15,879 $16,673 PUBLIC WORKS INSPECTOR SEIU $5,052 $5,305 $5,570 $5,849 $6,142 $6,449 $6,772 RECREATION COORDINATOR SEIU $3,762 $3,950 $4,147 $4,354 $4,572 $4,800 $5,040 RECREATION DIVISION MANAGER Mid-Mgmt $8,116 $8,522 $8,948 $9,395 $9,865 $10,358 $10,876 RECREATION LEADER SEIU $2,428 $2,550 $2,677 $2,811 $2,952 $3,099 $3,255 SENIOR ACCOUNTANT Mid-Mgmt $6,777 $7,115 $7,471 $7,845 $8,237 $8,649 $9,081 SENIOR BUILDING INSPECTOR SEIU $5,651 $5,934 $6,231 $6,543 $6,870 $7,213 $7,574 SENIOR BUILDING PERMIT TECHNICIAN SEIU $4,426 $4,648 $4,880 $5,124 $5,381 $5,650 $5,932 SENIOR CENTER COORDINATOR SEIU $2,601 $2,731 $2,868 $3,012 $3,162 $3,320 $3,486 SENIOR CIVIL ENGINEER Mid-Mgmt $10,537 $11,064 $11,618 $12,198 $24,630 $13,448 $14,120 SR MANAGEMENT ANALYST Mid-Mgmt $6,776 $7,115 $7,471 $7,845 $8,237 $8,649 $9,081 SENIOR PLANNER Mid-Mgmt $8,440 $8,862 $9,105 $9,770 $10,259 $10,771 $11,310 SENIOR PUBLIC WORKS INSPECTOR SEIU $5,769 $6,057 $6,361 $6,679 $7,013 $7,363 $7,731 SENIOR RECREATION LEADER SEIU $2,909 $3,054 $3,208 $3,368 $3,537 $3,714 $3,900 SENIOR WASTEWATER LAB ANALYST SEIU $5,053 $5,307 $5,572 $5,851 $6,144 $6,451 $6,774 SENIOR WASTEWATER PLANT OPERATOR SEIU $6,284 $6,598 $6,927 $7,273 $7,636 $8,018 $8,419 SERVICES SUPERVISOR PSA $6,345 $6,663 $6,996 $7,346 $7,713 $8,096 $8,503 WASTEWATER DIVISION MANAGER Mid-Mgmt $10,537 $11,064 $11,618 $12,198 $12,809 $13,448 $14,121 WASTEWATER LAB/ ENVIRO COMPLIANCE MGR Mid-Mgmt $7,057 $7,410 $7,781 $8,170 $8,578 $9,007 $9,458 WASTEWATER PLANT OPERATOR I SEIU $4,978 $5,228 $5,489 $5,764 $6,052 $6,355 $6,673 WASTEWATER PLANT OPERATOR II SEIU $5,471 $5,745 $6,031 $6,333 $6,649 $6,982 $7,331 WASTEWATER PLANT OPERATOR IN TRAINING SEIU $4,344 $4,561 $4,789 $5,028 $5,280 $5,544 $5,821

RESOLUTION NO. 1501.30

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY APPROVING THE CONTINUED COLLECTION OF THE UTILITY USERS’ TAX FOR THE FISCAL YEAR 2023-24
WHEREAS, the City Council adopted Ordinance 109.3 in July 1992 imposing a utility users’ tax subject to voter approval (Measure R); and
WHEREAS, Measure R was approved by the voters on November 5, 2002; and WHEREAS, the utility users’ tax is solely for the purpose of providing revenue for the usual current expenditures of the City; and
WHEREAS, Ordinance 109.3 requires that the City Council review this tax on an annual basis at the same time as it reviews its proposed annual budget; and WHEREAS, the proposed FY 2023-24 Annual Budget requires the continuation of the collection of the utilities users’ tax.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that the City Council hereby approves the continued collection of the utility users’ tax through June 30, 2024.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a regular 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

RESOLUTION NO. 1932.4

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY

APPROVING A MINIMUM RESERVE POLICY FOR THE GENERAL FUND,

GENERAL CAPITAL IMPROVEMENT FUND, RECREATION ENTERPRISE FUND AND WASTEWATER ENTERPRISE FUNDS FOR FY 2023-24
WHEREAS, the terms “fund balances” and “reserves” describe the net position of governmental and/or proprietary funds that measure the financial resources available within a fund; and
WHEREAS, maintaining adequate levels of reserves that help mitigate current and future financial risks due to revenue shortfalls and/or unanticipated capital or operating expenditures represent a best practice used by governmental agencies; and WHEREAS, the City Council desires to establish a formal policy on the level of unassigned fund balance/reserves that should be maintained in the City’s General Fund, General Capital Improvement Fund, and Wastewater Enterprise Funds; and WHEREAS, the level of fund balances/reserves to be maintained represent a targeted minimum reserve level that will be used for fiscal planning purposes that would trigger action on the part of the City Council and staff to implement remedies to maintain the fiscal health of the City.

NOW, THEREFORE, BE IT RESOLVED AND ORDERED that a minimum reserve policy is hereby established for the General Fund, General Capital Improvement Fund, and Wastewater Enterprise Funds for FY 2023-24 and future years, unless amended, as shown in Exhibit C and summarized below:
• General Fund – a targeted minimum reserve equal to 17% (or, approximately two months) of annual operating expenditures, less known one-time expenditures, plus estimated ongoing transfers in or out to other funds
• General Capital Improvement Fund – a targeted minimum reserve equal to $500,000 for emergency capital infrastructure replacement needs not funded by other sources
• Wastewater Enterprise Funds – a targeted minimum operating reserve equal to 50% (or, approximately six months) of annual operating expenses, plus $1,000,000 in capital reserves for emergency capital infrastructure replacement.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a regular 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

Exhibit C

CITY OF SCOTTS VALLEY COUNCIL POLICY MANUAL
TITLE: MINIMUM RESERVE POLICY POLICY NUMBER: 04-17
EFFECTIVE DATE: 6/30/2017 PAGES: 1
REVISED DATES: 6/20/2018; 6/16/2021; 6/21/2023
APPROVED BY: Jack Dilles, Mayor
POLICY
This policy establishes a minimum reserve policy for the General Fund, General Capital Improvement Fund, and Wastewater Enterprise Funds for future years unless amended.

SCOPE
 The terms “fund balances” and “reserves” describe the net position of governmental and/or proprietary funds that measure the financial resources available within a fund; and,  Maintaining adequate levels of reserves that help mitigate current and future financial risks due to revenue shortfalls and/or unanticipated capital or operating expenditures represent a best practice used by governmental agencies; and,
 The City Council desires to establish a formal policy on the level of unassigned fund balance/reserves that should be maintained in the City’s General Fund, General Capital Improvement Fund, Recreation Enterprise Fund and Wastewater Enterprise Funds; and,  Level of fund balances/reserves to be maintained represent a targeted minimum reserve level that will be used for fiscal planning purposes that would trigger action on the part of the City Council and staff to implement remedies to maintain the fiscal health of the City.

OBJECTIVES
A minimum reserve policy is hereby established for the General Fund, General Capital Improvement Fund, and Wastewater Enterprise Funds for future years, unless amended as follows:
• General Fund – a targeted minimum reserve equal to 17% (or, approximately two months) of annual operating expenditures, less known one-time expenditures, plus estimated ongoing transfers in or out to other funds.
• General Capital Improvement Fund – a targeted minimum reserve equal to $500,000 for emergency capital infrastructure replacement needs not funded by other sources. • Wastewater Enterprise Funds – a targeted minimum operating reserve equal to 50% (or, approximately six months) of annual operating expenses, plus $1,000,000 in capital reserves for emergency capital infrastructure replacement.

APPROVED AS TO FORM:
___________________________
Kirsten Powell, City Attorney

AGENDA ITEM 4.

DATE: 6/21/2023
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: 6/21/2023
TO: Honorable Mayor and City Council
FROM: Selina Andrews, Finance Manager
APPROVED: Mali LaGoe, City Manager
SUBJECT: Approve Resolution No. 1007.36 revising prior years Gann Initiative appropriations and setting appropriation limits for FY 2023-24.

SUMMARY OF ISSUE
On November 6, 1979, California voters approved Proposition 4, commonly known as the Gann Initiative, establishing Article XIIIB of the California State Constitution. This proposition mandated an appropriation (spending) limit on the amount of tax proceeds that the State and most local government jurisdictions may appropriate within a fiscal year. Charges for services, fees, grants, loans, donations, and other non-tax proceeds are excluded from the spending limitation.

The Initiative was later modified by two propositions: Proposition 98 in 1988 and Proposition 111 in 1990. Proposition 98 established the return of tax revenues exceeding appropriation limit levels to the State or citizens through a process of refunds, rebates, or other means. Proposition 111 allowed more flexibility in the appropriation calculation factors. Significant changes imposed by Proposition 111 include the following:
• The provision of a choice in methodologies for determining the annual inflation factor between 1) growth in California per capita income or 2) growth in nonresidential assessed valuation due to new construction within the city. • The provision of a choice in methodologies for determining the annual population growth factor between 1) city population growth or 2) county population growth. • Regulations allowing the exclusion of “qualified capital outlay” expenditures from the calculation of the limit.
• Provision of a process for avoiding tax refunds if a city falls sufficiently below the limit in the next fiscal year. The revised language provides two years, beyond the second year, to refund any remaining excess during which jurisdictions can seek to obtain a successful override vote.

Per the City’s auditor recommendation, the FY 2020-21 Appropriations Limit is being revised resulting in subsequent years also requiring revision. Staff will continue to research prior years to identify if further adjustments are warranted.

AGENDA ITEM 4.

DATE: 6/21/2023
For FY 2023-24 it is recommended to elect the per capita income index as the inflation factor and elect the County population growth index as the population factor.

FISCAL IMPACT
There is no identified fiscal impact from this action.

STAFF RECOMMENDATION
Adopt a resolution taking the following actions with respect to the City’s FY 2020-21, 2021-22, 2022-23, and 2023-24 Appropriations Limits:

1. Revise the FY 2020-21 through FY 2022-23 Gann Appropriation Limits as follows:

Fiscal Year Original Revised
2020-21 $207,939,687$207,949,511
2021-22 $220,044,816$220,634,546
2022-23 $236,658,200$237,292,454

2. Elect the per capita income index as the inflation factor for FY 2023-2024;

3. Elect the County population growth index as the population factor for FY 2023-2024; and

4. Establish the FY 2023-2024 Appropriation Limit at $245,126,911 in compliance with Article XIIIB of the State of California Constitution.

The calculation of the FY 2023-24 Gann Appropriation Limit is as follows:

County
Population
Factor
Per Capita
Income Factor
Appropriation
Factor
FY 2022-23
Appropriation
Limit
FY 2023-24
Appropriation
Limit

0.989 x 1.044 = 1.033 x $237,292,454 = $245,126,911

TABLE OF CONTENTS

1. Resolution - FY 2023-24 Gann Appropriations Limit

2. State Population Letter - 2023

3. Santa Cruz County Non-Residential Transactions

RESOLUTION NO. 1007.36

A RESOLUTION OF THE CITY COUNCIL OF THE

CITY OF SCOTTS VALLEY REVISING APPROPRIATION LIMITS FOR FISCAL YEARS 2020-21, 2021-22, 2022-23 AND MAKING CERTAIN FINDINGS AND

DETERMINATIONS IN COMPLIANCE WITH SECTION XIII B OF THE

CALIFORNIA CONSTITUTION (GANN INITIATIVE) AND SETTING
THE APPROPRIATIONS LIMIT FOR FISCAL YEAR 2023-24
BE IT RESOLVED by the City Council of the City of Scotts Valley that in compliance with Section XIII B of the Constitution of the State of California, the following is hereby found and determined:

1. The revised appropriations limit for fiscal year 2021/2022 is $207,949,511; and

2. The revised appropriations limit for fiscal year 2021/2022 is $220,634,546; and

3. The revised appropriations limit for fiscal year 2022/2023 was $237,292,454; and

4. The change in population in the County of Santa Cruz in 2022, according to the State of California was -1.09%, and was selected as a factor; and

3. That during fiscal year 2022/23, according to the State, the percentage change in per capita personal income in California was 4.44%, and was selected as a factor; and

4. That the appropriations limit under the Gann Initiative for FY 2023/2024 is $245,126,911; and

5. That the change in cost of living is selected to be the change in per capita personal income.

6. That the documentation for establishing the appropriations limit for 2023/2024 was prepared by the Administrative Services Department and presented to the City Council on June 20, 2023.

7. That more than 15 days have elapsed since documentation used in this determination was made available to the public.

The foregoing resolution was adopted by the City Council of the City of Scotts Valley at a regularly scheduled 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

May 2023
Dear Fiscal Officer:

Subject: Price Factor and Population Information
Appropriations Limit
California Revenue and Taxation Code section 2227 requires the Department of Finance (Finance) to transmit an estimate of the percentage change in population to local governments. Each local jurisdiction must use their percentage change in population factor for January 1, 2023, in conjunction with a change in the cost of living, or price factor, to calculate their appropriations limit for fiscal year 2023-24. Attachment A provides the change in California’s per capita personal income and an example for utilizing the price factor and population percentage change factor to calculate the 2023-24 appropriations limit. Attachment B provides the city and unincorporated county population percentage change. Attachment C provides the population percentage change for counties and their summed incorporated areas. The population percentage change data excludes federal and state institutionalized populations and military populations.

Population Percent Change for Special Districts
Some special districts must establish an annual appropriations limit. California Revenue and Taxation Code section 2228 provides additional information regarding the appropriations limit.

Article XIII B, section 9(C) of the California Constitution exempts certain special districts from the appropriations limit calculation mandate. The code section and the California Constitution can be accessed at the following website: http://leginfo.legislature.ca.gov/faces/codes.xhtml.

Special districts required by law to calculate their appropriations limit must present the calculation as part of their annual audit. Any questions special districts have on this requirement should be directed to their county, district legal counsel, or the law itself. No state agency reviews the local appropriations limits.

Population Certification
The population certification program applies only to cities and counties. California Revenue and Taxation Code section 11005.6 mandates Finance to automatically certify any population estimate that exceeds the current certified population with the State Controller’s Office. Finance will certify the higher estimate to the State Controller by June 1, 2023.

Please Note: The prior year’s city population estimates may be revised. The per capita personal income change is based on historical data.

If you have any questions regarding this data, please contact the Demographic Research Unit at (916) 323-4086.

JOE SPEPHENSHAW
Director
By:

Erika Li
Chief Deputy Director
Attachment

May 2023
Attachment A
A. Price Factor: Article XIII B specifies that local jurisdictions select their cost of living factor to compute their appropriation limit by a vote of their governing body. The cost of living factor provided here is per capita personal income. If the percentage change in per capita personal income is selected, the percentage change to be used in setting the fiscal year 2023-24 appropriation limit is:

Per Capita Personal Income
Fiscal Year Percentage change
(FY) over prior year
2023-24 4.44
B. Following is an example using sample population change and the change in California per capita personal income as growth factors in computing a 2023-24 appropriation limit.
2023-24:

Per Capita Cost of Living Change = 4.44 percent
Population Change = -0.35 percent
Per Capita Cost of Living converted to a ratio: 4.44 + 100 = 1.0444 100
Population converted to a ratio: -0.35 + 100 = 0.9965
100
Calculation of factor for FY 2023-24: 1.0444 x 0.9965 = 1.0407

Fiscal Year 2023-24
Attachment B
Annual Percent Change in Population Minus Exclusions*
January 1, 2022 to January 1, 2023 and Total Population, January 1, 2023 Total
County Percent Change --- Population Minus Exclusions --- Population City 2022-2023 1-1-22 1-1-23 1-1-2023
Santa Cruz
Capitola -1.31 9,753 9,625 9,625
Santa Cruz -0.36 63,454 63,224 63,224
Scotts Valley -1.26 12,010 11,859 11,859
Watsonville -1.22 50,490 49,876 49,876
Unincorporated -1.36 129,163 127,411 127,467
County Total -1.09 264,870 261,995 262,051
*Exclusions include residents on federal military installations and group quarters residents in state mental institutions, state and federal correctional institutions and veteran homes.

GLKey Fund Description
Non
Residential
Growth from
Construction
Current Roll
Assessed Vallue
Previous Roll
Assessed Value
Change in
Assessed Value
Non
Residential
Growth %
131220 S C COUNTY GENERAL 23,836,678 55,510,152,704 50,444,263,768 0.4705% 5,065,888,936 131414 LOS GATOS HIGH 82,184 1,671,558,375 1,573,777,062 97,781,313 0.0840% 131444 WEST VALLEY COM COLL TR GENL Total 38,638 1,621,679,720 1,525,806,564 95,873,156 0.0403% 131610 CAPITOLA CITY TR 144,988 2,996,846,337 2,735,653,131 0.0555% 261,193,206 131622 SANTA CRUZ CITY TR 15,612,527 12,097,002,308 10,873,802,074 1.2764% 1,223,200,234 131627 SANTA CRUZ PARKING #1 - 493,294,297 442,951,779 50,342,518 0.0000% 131630 SCOTTS VALLEY CITY TR 111,462 3,416,274,402 3,099,061,367 0.0351% 317,213,035 131648 WATSONVILLE CITY - TRUST - 5,052,543,458 4,610,334,305 0.0000% 442,209,153 131855 COUNTY LIBRARY 495,181 41,162,323,737 37,506,170,179 3,656,153,558 0.0135% 134910 REC & PARKS - CO SERV AREA #11 32,055 29,331,656,399 26,667,318,645 2,664,337,754 0.0012% 135461 SC FLOOD CONT & WTR CONS ZONE 4 221,804 55,507,943,736 50,442,120,319 5,065,823,417 0.0044% 135462 SC FLOOD CONT & WAT CONS DISTGEN 189,037 55,510,152,704 50,444,263,768 5,065,888,936 0.0037% 304100 COUNTY FIRE 328,299 4,716,286,169 4,422,861,791 293,424,378 0.1119% 622115 CO HWY SAFETY SERVICE AREA #9 63,748 32,058,980,214 29,127,657,320 2,931,322,894 0.0022% 622120 CO HWY SAFETY SERV AREA #9-A 31,261 14,866,518,146 13,564,213,717 1,302,304,429 0.0024% 622125 CO HWY SAFETY SVC AREA #9-ZN B 206 4,496,124,022 4,037,090,269 459,033,753 0.0000% 622245 PAJARO STORM DRAIN MAINT DIST 97,702 8,405,210,928 7,658,908,184 746,302,744 0.0131% 622350 SC FLOOD CONT & WTR CONS ZONE 5 17,160 10,873,035,998 9,838,137,774 1,034,898,224 0.0017% 640101 BONNY DOON SCH DIS GENL 47,070 740,174,131 719,456,439 20,717,692 0.2272% 640301 LIVE OAK SCH DIST GENL 45,720 4,803,427,410 4,337,086,463 466,340,947 0.0098% 640401 MOUNTAIN SCHOOL 134,121 340,667,390 324,697,126 15,970,264 0.8398% 640501 PACIFIC SCHOOL 751,875 151,766,662 139,316,608 12,450,054 6.0391% 640701 SCOTTS VAL SCH DIST GENL 815,799 5,236,261,323 4,746,488,084 489,773,239 0.1666% 640801 SOQUEL SCH DIST GENL 879,280 6,948,401,944 6,298,908,769 649,493,175 0.1354% 641101 SLV UNIF SCH DIST GENL 377,753 4,578,246,862 4,256,213,617 322,033,245 0.1173% 641210 COUNTY SCHOOL SERVICE 2,702,909 53,838,594,330 48,915,628,720 4,922,965,610 0.0549% 641401 S C HI SCH DIST GENL 13,451,114 26,013,957,529 23,563,903,017 2,450,054,512 0.5490% 641501 S C SCH DIST GENL 19,099,567 12,653,751,610 11,385,653,072 1,268,098,538 1.5062% 642001 PAJ VAL UNIF SCH DIST GENL 2,274,583 17,985,241,899 16,325,721,945 1,659,519,954 0.1371% 642501 642501 CABRILLO COMM COL DIST GENERAL 6,266,634 53,888,472,985 48,963,189,394 4,925,283,591 0.1272% 680600 BEN LOMOND FIRE PROT DIST 42,037 923,647,766 839,021,899 84,625,867 0.0497% 680810 BOULDER CREEK FIRE PROT DIST 35,199 1,737,037,866 1,653,932,303 83,105,563 0.0424% 680900 BLDR CREEK REC & PARK DIST 8,324 1,732,211,793 1,650,487,418 81,724,375 0.0102% 681410 CENTRAL WATER DIST GEN 467 692,130,831 632,317,823 59,813,008 0.0008% 681800 FELTON FIRE PROT DIST - 1,110,047,591 1,010,706,716 99,340,875 0.0000% 682500 CENTRAL FPD OF SANTA CRUZ COUNTY 599,684 20,786,316,086 19,553,713,288 1,232,602,798 0.0487% 683100 PAJARO VALLEY FIRE PROTECTION DIST G 214,094 1,951,835,979 1,783,357,966 168,478,013 0.1271% 683310 PAJARO VALLEY PUB CEM DIST 12,019 9,617,295,095 8,763,565,706 853,729,389 0.0014% 684000 S C PORT DIST TR GENL 775,949 20,983,492,557 18,893,373,580 2,090,118,977 0.0371% 684700 SAN LOR VAL CO WAT DIST TR GEN 21,490 3,769,490,389 3,467,143,311 302,347,078 0.0071% 684810 S C CO RESOURCE CONS DIST 2,779 34,949,023,761 31,862,242,396 3,086,781,365 0.0001% 685001 SCOTTS VAL WATER DIST TR GEN 72,664 3,150,143,855 2,682,487,124 467,656,731 0.0155% 685010 SCOTTS VALLEY FIRE PROT DIST 341,001 5,479,401,155 4,965,098,807 514,302,348 0.0663% 689510 ZAYANTE FIRE PROT DIST 887 669,268,839 600,127,977 69,140,862 0.0013% 131410/42 LAKESIDE SCHOOL 15,753 441,714,929 416,383,105 25,331,824 0.0622% 131412/34 LOMA PRIETA SCHOOL 110,674 1,229,843,446 1,157,393,957 72,449,489 0.1528% Previous Roll Year - 2021/22
AB8 Roll Year - 2022/23

SANTA CRUZ COUNTY NONRESIDENTIAL CONSTRUCTION TRANSACTIONS DISTRIBUTED AMOUNTS BY GLKey
Includes all new construction to be completed in 2022

GLKey Fund Description
Non
Residential
Growth from
Construction
Current Roll
Assessed Vallue
Previous Roll
Assessed Value
Change in
Assessed Value
Non
Residential
Growth %
131424/26
/28/30/32/
36/40 SANTA CLARA - COE 15,217 1,671,558,375 1,573,777,062 97,781,313 0.0156% Total 90,417,593 637,861,008,042 580,495,785,708

AGENDA ITEM 5.

DATE: 6/21/2023
City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: 6/21/2023
TO: Honorable Mayor and City Council
FROM: Cathie Simonovich, City Clerk
APPROVED: Mali LaGoe, City Manager
SUBJECT: Ratify the appointment of Steve Simonovich to serve on the Planning Commission, with an effective date of June 21, 2023

SUMMARY OF ISSUE
As vacancies occur, or due to an election or re-election of a Council Member, a member of the Council may nominate a new individual to serve on a City Commission, Committee, or Board. All appointments must be approved by the City Council.

A vacancy exists on the Planning Commission due to the resignation of Steven Horlock, and Council Member Johnson has nominated Steve Simonovich to serve on the Planning Commission. Upon Council approval, Mr. Simonovich will fill the vacancy.

FISCAL IMPACT
None.

STAFF RECOMMENDATION
It is recommended that the City Council ratify the appointment of Steve Simonovich to serve on the Planning Commission, with an effective date of June 21, 2023.

TABLE OF CONTENTS

1. S.Simonovich application for Planning Commission 6-7-23_Redacted

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: Sarah Wikle, Senior Planner
APPROVED: Mali LaGoe, City Manager
SUBJECT: Consideration of a Time Extension request for a previously approved ten-lot subdivision, and for the construction of ten dwelling units with related site improvements on a 1.4-acre site (Bay Village Planned Development) located on Erba Lane
(APNs 022-481-18, & -22).

SUMMARY OF ISSUE
On June 16, 2021, the City Council introduced Ordinance No. 16-ZC-230 and adopted Resolution Nos. 1997, 1997.1 and 1997.2, approving a Planned Development Zoning District Overlay (PD19-001), Mitigated Negative Declaration (ND20-001), Land Division (LD19-001), and Planned Development and Design Review Permits (DR19-005) to allow for a ten-lot subdivision, construction of ten dwelling units, and site improvements on 1.4 acre site on Erba Lane.

As outlined in the Scotts Valley Municipal Code (SVMC) and the Subdivision Map Act, tentative parcel maps and entitlements (such as a Design Review Permit and Planned Development Permit) shall become null and void after two years. An applicant can submit a time extension request to the Planning Director prior to the two-year expiration date.

On April 20, 2023, Charlie Eadie (applicant) on behalf of SV Housing LLC (property owner) submitted a time extension application request for the Bay Village Planned Development project. The applicant has requested a one-year time extension be granted by the City Council to allow for additional time to prepare the site for development given current market conditions.

FISCAL IMPACT
None.

STAFF RECOMMENDATION
Staff recommends that the City Council adopt Resolution No. 1997.3, approving the one-year time extension request for a Planned Development and Design Review

AGENDA ITEM 1.

DATE: 6/21/2023
Permits (DR19-005), Land Division (LD19-001), and a Mitigated Negative Declaration (ND20-001) for a previously approved ten-lot subdivision, construction of ten dwelling units and related site improvements for a 1.4-acre site on Erba Lane (APNs 022-481- 18, & 22).

TABLE OF CONTENTS

1. Resolution No. 1997.3

2. Conditions of Approval

3. Location Map

4. City Council Staff Report (Dated June 16, 2021)

5. Signed Ordinance 16-ZC-230 (Adopted August 4, 2021)

6. Signed Resolution 1997 (Adopted June 16, 2021)

7. Signed Resolution 1997.1 (Adopted June 16, 2021)

8. Signed Resolution 1997.2 (Adopted June 16, 2021)

RESOLUTION NO. 1997.3

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS

VALLEY APPROVING A TIME EXTENSION REQUEST FOR A
PLANNED DEVELOPMENT WITH DESIGN REVIEW (DR19-005),
LAND DIVISION (LD19-001) AND MITIGATED NEGATIVE
DECLARATION (ND20-001) FOR THE “BAY VILLAGE PLANNED
DEVELOPMENT” WITH A GENERAL PLAN LAND USE DESIGNATION

OF HIGH DENSITY RESIDENTIAL (R-H) AND HIGH DENSITY

RESIDENTIAL (R-H)/PLANNED DEVELOPMENT (PD) ZONING

DISTRICT FOR A TEN LOT SUBDIVISION AND CONSTRUCTION OF

TEN DWELLING 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 Time Extension application (“Application”) for a ten-lot subdivision and construction of ten dwelling 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 (the “Project”); and
WHEREAS, the Planning Commission held a public hearing on May 13, 2021, to consider the Project and after consideration of public testimony, the staff report and evidence submitted to support the Project, the Planning Commission recommended approval of the Project to the City Council; and
WHEREAS, a public hearing on the 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 on June 16, 2021; and
WHEREAS, the City Council approved the Planned Development Zoning for the Project by adoption of Ordinance No. 16-ZC-230 on June 16, 2021; and WHEREAS, the City Council approved the Land Division for the Project by adoption of Resolution No 1997.1 on June 16, 2021; and
WHEREAS, the City Council approved the Design Review Permit and Planned Development Permit for the Project by adoption of Resolution No 1997.2 on June 16, 2021; and WHEREAS, to enable the project to be constructed the applicant has requested a time extension.

NOW, THEREFORE, BE IT 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 a one year time extension for Planned Development Permit and Design Review Permit (DR19-005), Land Division (LD19-001), and Mitigated Negative Declaration (ND20-001) for the Bay Village Planned Development 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), 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 21st day of June 2023, by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

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

Bay Village Planned Development City Council Resolution No.1997.3 Erba Lane Exhibit A - Conditions of Approval
APNs 022-481-18 & 22 Time Extension
June 21, 2023 Page 1 of 1
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.

Planning Department

3. City Council Resolution Nos. 1997, 1997.1 and 1997.2, approving Planned Development Permit and Design Review Permit (DR19-005), Land Division (LD19-001), and Mitigated Negative Declaration (ND20-001) for a ten-lot subdivision, construction of ten dwelling units and related site work (Bay Village Planned Development) and all applicable conditions of approval shall remain in effect unless amended by this Resolution.
____________________________________________________________________________________ Name and Signature of Property Owner Date

QUIEN SABE RD

KELSEY CT

SCOTTS VALLEY DR

LA ESCUELA

JOLLY WY

TRAMMEL WY

BLAKE LN

CHRISTEL OAKS DR
OAK LN
WEIBLE
DR

CATHY LN
CIVIC
CENTER

KENT CT

WOODHILL
DR

BALL DR
SCOTTS
VALLEY
DR

DISC DR DISC DR

TERRACE

VIEW DR
ERBA
LN

TERRACE VIEW CT

RIDGECREST DR

RIDGECREST
LN
¯ 0 0.125 0.25
Miles
Project Site
Erba Lane / APN 022-481-18 & -22
Project Site

AGENDA ITEM 3
DATE: 6-16-2021
1 City of Scotts Valley

CITY COUNCIL STAFF REPORT
DATE: June 16, 2021
TO: Honorable Mayor and Members of the City Council
FROM: Paula Bradley, Consulting Planner
APPROVED: Tina Friend, City Manager
SUBJECT: PUBLIC HEARING TO CONSIDER THE PLANNING
COMMISSION’S RECOMMENDATION OF APPROVAL FOR A

PLANNED DEVELOPMENT ZONING PERMIT, LAND DIVISION,

DESIGN REVIEW APPLICATION AND ENVIRONMENTAL

REVIEW IN THE HIGH DENSITY RESIDENTIAL GENERAL

PLAN AND ZONING DISTRICT 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), APN’S 022-
481-18 AND 022-481-22

SUMMARY OF ISSUE
The project proposes to create a ten-lot subdivision for the construction of ten residential units (six detached single-family dwellings and two attached duet/ duplexes), and related site improvements. The site is zoned R-H High Density Residential General Plan and Zoning District, is 1.04-acres in size, and is currently developed as a surface parking lot, located on Erba Lane. The project requires a Planned District Zoning/Permit Design Review, Land Division and Environmental Review for the proposed residential development.

The site gently slopes to the southeast towards Scotts Valley Drive where a new private access road will be located and where most of the site grading and infrastructure will occur. Existing land uses on adjacent parcels includes single and multi-family housing, office, and a quasi-public use (fire station across the street). The eastern property line is oak riparian woodland with an intermittent creek/drainage channel, and across the creek is MacDorsa Park, owned by the City of Scotts Valley.

Along Erba Lane, the project frontage includes a five-foot sidewalk, ten on-street public parking spaces, and a six-foot landscaped planting strip. The landscaping strip is designed to provide a tree-lined residential street and screening for the new singlefamily dwellings. The project will construct a new 24-foot wide private road, accessed from Erba Lane, providing access to seven of the units (Lots 4 through 10). 001

AGENDA ITEM 3
DATE: 6-16-2021
2 PLANNED DEVELOPMENT / LAND DIVISION
The project is requesting a Planned Development to establish specialized development standards that reflect exceptions from the proposed R-H Residential zoning regulations to accommodate the proposed residential development. Exceptions to the development standards requested through the Planned Development process for: 1) reduced lot sizes; 2) reduced lot width and lot depth; 4) reduced front, side, and rear yard setbacks.

In addition, the proposed retaining walls topped with wood fences are higher than threefeet in portions of the front yard setbacks and exceed six-feet in height in portions of the side and rear yards and are subject to Design Review.

PLANNING COMMISSION REVIEW
The project was reviewed by the Planning Commission on May 13, 2021 and recommended for approval. A complete analysis of the project’s General Plan and zoning compliance is contained in the Planning Commission staff report for the May 13th hearing (see attachment). The Commission discussed project specific details including the reduced setbacks and lot sizes for some of the lots as allowed by the Planned Development district. To avoid development in the oak riparian woodland along the creek area and MacDorsa Park, as determined by the project biologist, the applicant is requesting exceptions to the development standards for: 1) reduced lot sizes; 2); lot width; and 3) lot depth along with reduced front side and rear setbacks for some of the lots. The ten-lot subdivision, as designed, with ten new two-story single-family homes, with on-site parking, is consistent with other single and multi-family homes in the surrounding area. The project meets or exceeds the single-family parking requirements by providing a two-car garage for each unit and a 20-foot deep driveway for two additional vehicles. No parking would be allowed in the access road and ten off-site public parking spaces will be created on Erba Lane.

Public Art: General Plan Land Use Policy LP-13.2 states that public art is to be incorporated into residential projects. In compliance with this requirement, the applicant is proposing a 4 x 10-foot mural to be located on a retaining wall along Erba Lane adjacent to Lot 10. The proposal is still in the conceptual phase and design concepts will be available for review at the City Council meeting. Currently the project is conditioned to require Community Development Director review and approval of the final design. It is recommended that the City Council review the design concepts and provide direction.

Park Access: Currently MacDorsa Park is accessible from Erba Lane through the project site and from the office building parking lot across the creek/drainage area.

There are natural paths and an existing access leading towards the Police Department.

Due to security concerns with the additional residents, the Police Department requested that this pathway be relocated. The City discussed the need for public access to the park with the applicant, and that it would be better located via the proposed new private road. A public access easement for pedestrians over the proposed new private road is included as a condition of project approval. 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.
002

AGENDA ITEM 3
DATE: 6-16-2021
3 AFFORDABLE HOUSING
Title 14 of the City’s Municipal Code governs the affordable housing requirements for new residential projects. Pursuant to Title 14, the project is required to designate at least 15% of the units as affordable. Therefore, of the proposed ten units, the project is required to provide one unit and pay in-lieu fees of 0.5 of a unit.

Affordability is maintained for a period of 45 years for ownership units and 55 years for rental units. The income-levels of the units require review and recommendation by the City Council Affordable Housing Committee.

On June 10, 2021, the Affordable Housing Committee, composed of Mayor Derek Timm and Council Member Jack Dilles, met with the applicant and City staff to discuss the affordable housing requirement. One member of the public was also present.

After discussion between the Committee members and the applicant, the Affordable Housing Committee agreed on the following recommendation to the City Council.

There shall be two options available to the applicant and the City:

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

Option #2 would require the provision of one three-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 low-income unit. The subsidy amount shall be subtracted from the total in-lieu fee required and the remaining balance shall be paid by the applicant as the project’s in-lieu fee contribution.

The decision as to which option to pursue shall be scheduled at a later date but, in no case, later than the date of recordation of final or parcel maps for the development.

PUBLIC COMMENT
A public notice was posted on site and mailed to surrounding property owners within 300 feet pursuant to State law. The Planning Commission received written comments prior to the public hearing and during the meeting one neighboring property owner expressed concerns. The concerns included increased traffic, a narrower street, pedestrian safety, the loss of the parking and use of the site by the fire department and construction noise and debris. Public comments letters received after the publication of the Planning Commission staff report are attached. No additional public comments have been received.
003

AGENDA ITEM 3
DATE: 6-16-2021
4 FISCAL IMPACT
No significant fiscal impacts to the City as a result of the proposed development have been identified.

STAFF RECOMMENDATION
The Planning Commission recommends approval of the Mitigated Negative Declaration, approval of the Planned Development, Land Division and Design Review as listed below:

1. Adopt Resolution No1997 to approve the Mitigated Negative Declaration and the MMRP with three Mitigation Measures

2. Introduce for first reading Ordinance 16-ZC-230 to approve the Planned Development District;

3. Adopt a Resolution No. 1997.1 to approve the Land Division and,

4. Adopt Resolution No. 1997.2 to approve the Planned Development Permit and the Design Review.

ATTACHMENTS PAGE NO.

Resolution No. 1997 Approving the Mitigated Negative Declaration .............................. 5 Exhibit A MMRP ................................................................................................... 8 Ordinance 16-ZC-230 Approving the Planned Development District ............................ 11 Exhibit A General Plan / Zoning Map.................................................................. 15 Resolution No. 1997.1 Approving the Land Division ..................................................... 16 Exhibit A Conditions of Approval ........................................................................ 19 Resolution No. 1997.2 Approving the Planned Development Permit and Design Review36 Exhibit A, Conditions of Approval ...................................................................... 40 Planning Commission Minutes (05/13/21) .................................................................... 57 Planning Commission Staff Report (05/13/21) ............................................................. 61 Resolution No. 1760 Approving the Planned Development Permit and Design Review................................................................................................................ 70 Draft Initial Study (03/22/21) and Attached Reports ......................................... 114 a. Biological Assessment (05/31/2019) .......................................................... 177 b. Addendum to Biological Assessment (5/31/19) ........................................... 198 c. Arborist Report, Tree Appraisal and Inventory (11/30/17) .......................... 199 d. Summary Arborist’s Tree Report Revision to Preliminary Tree Inventory and Appraisal (03/27/20) ................................................................................... 230 e. Appendix C – Tree Appraisal & Inventory (4/29/20).................................... 235 f. Extended Phase I Archaeological Assessment (3/04/2020) ....................... 246 Public Comments received after the Planning Commission report was published...... 424 All documents are available at City Hall and electronically at:
http://www.scottsvalley.org/212/Planning-Department
004

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:
005

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 006

biological mitigation measures (MM BIO-1, MM BIO-2, and MM BIO-3) impacts 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:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
________________________________
Derek Timm, Mayor
ATTEST:
________________________________
Tracy A. Ferrara, City Clerk
007

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
008

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
009

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
010

ORDINANCE NO. 16-ZC-230

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SCOTTS

VALLEY APPROVING A PLANNED DEVELOPMENT DISTRICT
OVERLAY (PD19-001) FOR THE “BAY VILLAGE PLANNED
DEVELOPMENT” 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 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 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 (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
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Scotts Valley as follows:
011

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. That the Planned Development Zoning District Overlay and Permit (PD) further the policies of the General Plan. The project meets the requirement of this finding in that the project proposes two new single-family dwellings within lands designated R-H, High Density Residential on the City’s General Plan map. 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 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.

2. The proposed Planned Development District Overlays (PD) are consistent with the underlying land use designations and zoning districts and that of the City of Scotts Valley General Plan. The project meets the requirements of this finding because the PD district overlay will be combined with the base zoning district. The resulting R-H/PD zone allows specific development standards to address to accommodate unique circumstances related to lot size and shape, intensity, coverage, and appearance of structures. After the biologist determined the riparian woodland boundary location, the project was redesigned from a twelve-lot subdivision with 12 new single-family dwellings, as ten lot subdivision to avoid development in the riparian area. This created a physical constraint resulting in very irregularly shaped lots and reduced front, side, and rear yard setbacks and requested exceptions to the development standards as allowed in a PD district.

3. That the PD 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 district. The project design meets the requirement of this finding in that approval of the Planned Development and Design Permit will allow the construction of ten two-story, single-family dwellings including four duplex/duets, all with attached two-car garages and private yards. 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. Each new home will have private yard space, two covered garage parking space and two uncovered parking spaces.
012

4. That the inter-relationship between the orientation, location, mass and scale of building volumes, and elevations of buildings, structures, and other uses on-site 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 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.

5. 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 MND20-001 and determined that there would be no potentially significant adverse environmental impacts and the project will not degrade the quality of the environment with the implementation of identified standard conditions of approval and three Mitigation and Monitoring measures.

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 Planned Development District (PD19-001) 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, pursuant to the Planned Development Zone Map (Exhibit A) which is incorporated herein by this reference. 013

This ordinance was introduced on the 16th day of June 2021, and was passed and adopted by the City Council of the City of Scotts Valley on the 4th of August, 2021, by the following votes:

AYES:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
__________________________
Derek Timm, Mayor
ATTEST:
___________________________
Tracy A. Ferrara, City Clerk
APPROVED AS TO FORM:
____________________________________
Kristen Powell, City Attorney
014

LUNDY LN SILVER BIRCH LN

OAK CREEK BLVD

LUCIA LN

KIR KORION CT KENT WOOD CT

GREENTREE WY

ANGELA CT

SUZANNE LN

OAK CREEK BLVD

QUIEN SABE RD

KELSEY CT

OAK CREEK BLVD SCOTTS VALLEY DR
CAMP

EVERS LN

LA ESCUELA

JOLLY WY

TRAMMEL WY

BLAKE LN

BEAN CREEK RD

CHRISTEL OAKS DR
OAK LN

WEIBLE DR

V IK I CT

BLUE BONNET LN

SPRING LAKES DR

PONDEROSA RD
OAK CT

PINE CT

MADRONE CT

AZALIA CT

OL D MILI RD

LAKEVIEW DR

MONTAVALLE DR

STEWART PL

MONTAVELLE DR

MOUNTAIN VIEW DR LUPINE DR

REDWOOD WY

ALPINE WY

CANYON WY

BEAN CREEK RD

SORRENTO DR

VALLEY VIEW CT

BEAN CREEK RD

TANKER S' RD

CADILLAC DR

JOHNSTON WY

SCOTTS VALLEY DR

DUNSLEE WY

MACLEOD WY

CATHY LN

CIVIC CENTER

KENT CT WOODHILL DR

BALL DR

SCOTTS VALLEY DR

CARBONERO WY

EL PUEBLO RD

DISC DR

DISC DR

TERRACE

VIEW DR

ERBA LN

TERRACE VIEW CT

RIDGECREST DR

RIDGECREST DR

RIDGECREST LN

EL PUEBLO RD
STATE
HWY
17 GREEN HILLS RD
104
293
288
121
117
105
285
281
113
109
289
292
125
136
108
100
101
120
112
104
112
120
16 124
116
108
116
137
129
101
132 133
128
100
284
280
16 4 6
2 B
D C B
1 2
2 2 102
4575
5007
134
5030
5167
882
17 50
4444
138
8 4736
4740
11A,B
7A,B
4990
4729
59 34
15 4901
376
8 4900
71 360
A-F
15A
B
C
B
D
F G I
E
A
B
1 11 13
4 6
K
111
A
A
A
A
15 H
B
14 B C
A
9 8
A
14 B
10 7 5
1 13
16 12
3 10
7 11
80 140
J
A
920
111
230
27 136
5169
4115
218
226
224
5 1
19 19B
4807
41A,B,C
40 10
13 612
4744
30 340
4730
3 C2
4121
19,19B
400
4 12
3 5
9 152
137
142
324
18 95
105
4525
320
11 16 15 17
19A,B
100
8 61
11 17
15 108
201
2 467
7 4665
4602
4604A
4656
4650
602
5215
103
913
4 6
889
101
4421
204-206
4652
604
27 325
3 32
138
880
4742
32 9A,B
10 4604B
4637
90 55
10 4203
15 4600
4615
4301
915
4303A
51 220
11 13 12
16 A3
4253
4113 F3
F1
C1
B1
10 13
14 18
A2
146
5163
4729
34 35
A1
1 30
11 4303
32 4803
28 4303B
A&B
5026
20 800
17 878 883
4734
5271
5015
5032
887
5171
884
8 4556
3 222
21 215
4859
25 19
885
4732
31 21
1 888
38 175
28 4865 14
17 5
72A,B
61 15
300
23 3
19 103
4255
37 891
200
380
19 21
F2
4110
12 375
372
99 203
53 E4
E1
D3
2 6
4425
565
606
223
E3
E2
210
610
4663
23 5060
4257
13 19C,D
F4
B2
102
90 90
4 4738
555
433
57 650
523
111
18 900
700
221
107
24 10
173
172
40 227
213
139 86
83 81
54 85
119
115 127
73 105
107
129
123
311
209
35 2
554
58 55
56 58
205
143
161
163
126
216
18 14
114
350
436
122-124
39 59
4 175
174
191
196
192
188
211
216
218
29 220
79 156
159
217
166
82 53
104
D1
20 917
855
228
400
192
133
45 31
27 71
189
186
154
216
106
100
33 167
215
87 77
214
141
78 57
56 164
132
117
160
162
128
149
141
54 60
121
125
125
110-112

71.5 165
156
4585
15 130
114-116
121
157
129
130-132
201
115
550
25 118
219 59

61.5 106
23 21
D2
52 104
825
815
143
220A
12 22
30 69.5

67.5 101
103
203
123
106-108
214A-E
102
126
145
110
117
113
116
194
109
200
67 23
22 141
131
219
140
80 84
155
63 30
28 70
147
108 112
305
196
34 32
71 127
125
67 68
49 65 38
46 37
64 66
20 A&B
22 21
171
29 31
120
210
33 105
177
187
204
5 15
39 124
13 220B
123
118-120
124
139
69 111
102-104
211
26 25
48 6
5 74
63 41 47
179
177
52 60
137
182
180
184
200
73 62
51 61
44 181
185
197
183
205
158
209
201
43 2
72 88
76 3
135
202 194
176
193
199
206
601
208
11 65
101
16 36
212 168
27 23
190
210 170
9 49
169
207
7 25
19 102
106
72 17
13 41
59 10466
108
79 70
203
114
112
122
11 15
110
17 75-COMMON
888
29 69
50 42
75 1
178
198
118
116
107 106109
203
5100
17 15
143
200
185
195
115
124
146
120
119 125
127
132
145
113
10 89A
129
130
22 20
90A
104
180
154
114 116
121
118
147
128
131
24 23
93 13
11 101
103
14 12
100
102
153
117
98 21
91A
92 134
136
133
8 149
150
151
122
126
16 9
99 135
123
148
216-226
11 63
26 33
11 19 18
14 51 50
10 4
5 13
69 32 31
34 12
20 172
168
161
225
34 211
322
412
521
169
167
186
268
66 72
25 2
7 14
13 16
15 18
11 20
111
100 421
511
422
512
311 312
711
612
212
411
522
221 222
621
622
2 6 4
722
712
611
121
17 321
721
6 175
1100
171
62 24
21 3
6 29
17 16
36 1
8 184
146
162
160
179
177
98 94
166
164
180
182
95 99
112
113
86 107 109
125
152
114
116
165
163
181
183
93 97
100
110
159
178
150
153
96 106
115
87 170
158
157
154
149
148
102 105
119 92
173
174
156
155
151
147
122
123 130
101103
120
1350
117
89 90
138
141
132
126
81 129
75 39
38 91
127
84 142
143
58 40
41 43 70
71 111
85 121
135 55
53 65
128
83 144
131 60
59 52
73 74
80 77
47 45
67 139
133
37 42
56 49
22 27
76 137
136
79 78
48 46
64 68
30 180
176
185
145
104
108
118
88 124
82 140
20 134
57 44
54 61
23 18
28 35
9 15
1 5219
110
5268
5270
5274
4654
5272
5165
5004
101.5
103
300
210
206
200
330
336
194
328
101
12A
12B
4200
29-35
300
188
310
316
10 183
37-43
21-27
182
180
8 6
4 2 60
50 4
6 8
40 30
20 3
1 176
5 9
168
170
172
174
109
111
113
115
107
103
105
7 11
10 5
3 9
177
175
169
171
112
108
110
104
106
173
165
167
163
102
161
3600
SUITE
1,2,3,4
104
102
100 156
154
152
10 9
8 4
5010
5000
5022
4860A,B
4852C
4852
4852B
105
104
106
4402
4340
4401
4305
105 160
7 5
162
164
108
110
112
114
318
166
11 15
503
7 320
322
324
319
317
315
309
A
116
4446
4494
104
307
105

J I H G F
E D
305
109
107
101
195
24 22
1300
3115
3105
3103
3101
C B
321
116
114
5040
5042
105
3111
3113
3109
3107
4623
320
202-204
206
77 81
68 119
122
205
101A
1500
120
4858
4800
4790
4788
4548-4550
940
101 102
103
¯ 0 0.125 0.25 0.5
Miles
Erba Lane - Bay Village Planned Development
APN 022-481-18 and 22
Project Site
(R-H) to (R-H/PD)
High Density Residential to
High Density Residential/
Planned Development
Overlay District
Exhibit A
015

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
WHEREAS, the City Council approved the Planned Development Overlay for the project by Adoption of Ordinance No. 16-ZC-230.
016

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 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.
017

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:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
_____________________________________
Derek Timm, Mayor
ATTEST:
________________________________
Tracy A. Ferrara, City Clerk
018

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 PlanningDepartment.

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 019

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.
020

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 021

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
022

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 023

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 024

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. 025

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 8 of 17
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. Pursuant to Section 14 of the Scotts Valley Municipal Code the project shall comply with all applicable affordable housing requirements including the dedication of units and payment of in-lieu fees.

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.

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 026

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 9 of 17
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.

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. 027

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 10 of 17

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 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). 028

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 11 of 17
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.

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. 029

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 12 of 17

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.

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:
030

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 13 of 17
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.

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.
031

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 14 of 17
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.

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. 032

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 15 of 17

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.

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 033

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
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 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.
034

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
____________________________________________________________________________________ Name and Signature of Property Owner Date
035

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 tenlot 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
036

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 proposed four-lot single-family residential development on a 0.42-acre site results in a density of nine units per acre consistent with the High Density Residential density range and the existing R-H, High Density Residential density range.

Therefore, the proposed four-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 project design meets the requirement of this finding in that approval of the Planned Development and Permit will allow four new singlefamily homes to be developed utilizing a zero lot line subdivision design on a sloped site, such that each new home will have private yard space and covered garage parking.

3. That the inter-relationship between the orientation, location, mass and scale of building volumes, and elevations of buildings, structures, and other uses on-site 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 stucco siding, cedar trim accents walls, composition shingle roofing, and window and door trim. The two-story design are approximately 27-feet in height feet, and steps down with the site’s slope reducing site grading, consistent with the General Plan Action OSA-387. The PD will allow 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 architecture, quality exterior materials/ finishes/colors, and landscaping will create a visually 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 EA18-001 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.
037

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 at the terminus of the private street. The building pads are designed to step down with the existing slope of the site. The duet-style homes have been sited such that each pair of homes meets the required building side and rear setbacks from adjacent neighbors and are requesting reduced setbacks along the interior, zero side yards that separate each of the duet homes. As proposed the single-family homes 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 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 singlefamily homes, are two-story in height and utilize conventional stucco siding, cedar accent walls, and composition roof shingles, similar to other nearby homes in the neighborhood. The color scheme incorporates natural color tones of light grey and sage green. The variety of quality materials, exterior treatments, finishing 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 17, 2018, would meet the requirements of this finding in that the project will provide new landscaping including perimeter trees and shrubs, ground cover, and planted bioretention swales. Retaining walls including foreground landscaping. Terraced landscape wall contain planting selections that cascade down to soften the appearance of the walls. A condition of approval requires that fully developed landscape plans be developed in consultation with the project arborist be prepared and submitted for staff review prior to the City Council hearing.

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 singlefamily homes has a two-car garage. Each of the four driveways that serve the homes provides a minimum of one additional uncovered parking space consistent with the City’s single-family parking standard.

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 and homes is through a shared, common, parcel. The project’s vehicle access and circulation plan, at the end of a private lane, has been designed to accommodate an on-site emergency vehicle “hammer-head” turn-around to accommodate City Fire Department emergency vehicles.
038

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 does include retaining walls over three feet in height in front yard areas, and a series of terraced retaining walls at the rear of the site over eight feet in height. The front retaining walls allow the development to step down the slope following the natural grade of the site. Landscape plans have developed including foreground plantings to screen and soften the appearance of the front facing retaining walls. Terraced walls at the rear include cascading plant selections that flow over the edges to add visual interest and soften the appearance of the walls. To ensure that the concrete retaining walls do not appear overly bright, a condition of approval has been added that requires the concrete mix include “lampblack” pigment. As proposed, with landscape treatment, and as conditioned to add lampblack pigment to the concrete mix, the retaining walls will appropriately integrate into the site design.

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 single-family 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:

NOES:

ABSTAIN:

ABSENT:

APPROVED:
_____________________________________
Derek Timm, Mayor
ATTEST:
________________________________
Tracy A. Ferrara, City Clerk
039

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 PlanningDepartment.

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 040

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.
041

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 042

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
043

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 044

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 045

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. 046

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 8 of 17
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. Pursuant to Section 14 of the Scotts Valley Municipal Code the project shall comply with all applicable affordable housing requirements including the dedication of units and payment of in-lieu fees.

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.

Public Art

52. The proposed public art will be a custom Bay Photo designed 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 047

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 9 of 17
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.

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. 048

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 10 of 17

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 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). 049

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 11 of 17
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.

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. 050

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 12 of 17

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.

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:
051

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 13 of 17
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.

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.
052

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 14 of 17
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.

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. 053

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 15 of 17

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.

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 054

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
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 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.
055

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
____________________________________________________________________________________ Name and Signature of Property Owner Date
056

Minutes
Scotts Valley Planning Commission
Meeting was Remote Access Only
Date: May 13, 2021
Time: 6:00 PM

CITY OF SCOTTS VALLEY
1 Civic Center Drive
Scotts Valley, CA 95066
831-440-5630

MEETING LOCATION
City Council Chambers
1 Civic Center Drive
Scotts Valley, CA 95066
POSTING: The agenda was
posted on May 7, 2021, at
City Hall and on the Internet at
www.scottsvalley.org.

Appointed Officials City Staff Members
Rosanna Herrera, Chair
Lori Gentile, Vice Chair
David Hodgin, Commissioner
Steven Horlock, Commissioner
Chuck Maffia, Commissioner
Eric Taylor, Cultural Resource
Commissioner
Taylor Bateman, Community Development Director
Brenda Stevens, Associate Planner
Jonathan Kwan, Contract Planner
Paula Bradley, Contract Planner
Steve Tolar, Consultant
CALL TO ORDER: 6:06 pm
ROLL CALL: Present: Gentile, Herrera, Hodgin, Horlock and Maffia

PUBLIC COMMENT: John Swift addressed the Planning Commission regarding storage facilities in the Commercial Service Zoning District.

ALTERATIONS TO CONSENT AGENDA: None
CONSENT AGENDA:

A. Action Meeting Minutes from the February 18, 2021 meeting.

M/S: Hodgin / Gentile
To approve the minutes from the February 18, 2021 meeting.

Carried: 5-0-0
Ayes: Gentile, Herrera, Hodgin, Horlock and Maffia.

Noes: None
ALTERATIONS TO PUBLIC HEARING AGENDA: None.
057

City of Scotts Valley Planning Commission Meeting Minutes Page 2 of 4 Date: May 13, 2021
PUBLIC HEARING AGENDA:

1. Title: Capital Improvement Program for FY2021/2026 Consistency Report with the City’s General Plan
Address: City-wide
Applicant: City of Scotts Valley
Property Owner: City of Scotts Valley
Project Description: State law requires cities to adopt a Capital Improvement Program (CIP) to implement the cities’ General Plan. The CIP is a list of the proposed public works projects. The City’s Public Works Department develops the CIP as a 5-year program and updates the program each year. By law, the Planning Commission must review the CIP for consistency with the General Plan.

Staff: Steve Tolar, Consultant, [email protected] M/S: Horlock / Maffia
To approve Resolution No. 1757 for FY2021/2026 Consistency Report with the City’s General Plan.

Carried: 5-0-0
Ayes: Gentile, Herrera, Hodgin, Horlock and Maffia.

Noes: None

2. Title: Bay Village Planned Development
Address: Erba Lane (no situs) / APNs 022-481-18 and 22
Planning Permit Application: CR20-001
Applicant: Charlie Eadie, Eadie Consultants
Property Owner: Larry Abitbol
Project Description: Consideration of a Cultural Resource Alteration Application for the proposed construction of 10 single-family dwellings, including two duplex/duets.

Staff: Paula Bradley, Contract Planner, [email protected] M/S: Taylor / Maffia
To approve Resolution No. 1758 for CR20-001 for the Bay Village Planned Development.

Carried: 6-0-0
Ayes: Gentile, Herrera, Hodgin, Horlock, Maffia and Taylor Noes: None

3. Title: Target Remodel
Address: 270 Mount Hermon Road / APN 022-231-17
Planning Permit Application: PD21-022, DR21-002
Applicant: Brian Leung, Kimley-Horn and Associates
Property Owner: Kevin Pratt, Scotts Valley Phase II, LP Project Description: Consideration of a Planned Development and Design Review for a proposed Target store located at the existing 57,780 square foot building at the Scotts Valley Square Shopping Center. The project includes exterior modifications to the building design, parking lot modifications for ADA compliance and the Target Drive Up program and new signage. 058

City of Scotts Valley Planning Commission Meeting Minutes Page 3 of 4 Date: May 13, 2021
Staff: Jonathan Kwan, Contract Planner, [email protected] M/S: Horlock / Maffia
To approve Resolution No. 1759 for PD21-022 and DR21-022 for the Target Remodel.

Carried: 5-0-0
Ayes: Gentile, Herrera, Hodgin, Horlock and Maffia.

Noes: None

4. Title: Bay Village Planned Development
Address: Erba Lane (no situs) / APNs 022-481-18 and 22
Planning Permit Applications: PD19-001, LD19-001, DR19-005, EA19-003, Applicant: Charlie Eadie, Eadie Consultants
Property Owner: Larry Abitbol
Project Description: Consideration of a Planned Development, Land Division, Design Review and Environmental Assessment for the Bay Village Planned Development to subdivide a 1.04-acre site into 10 lots for the construction of 10 units (six detached single-family dwellings and two attached duet/duplexes) and related site improvements, in the High Density Residential General Plan and Zoning District located at Erba Lane (not situs).

Staff: Paula Bradley, Contract Planner, [email protected] M/S: Hodgin / Horlock
To approve Resolution No. PD19-001, LD19-001, DR19-005 and EA19-003 for the Bay Village Planned Development.

Carried: 5-0-0
Ayes: Gentile, Herrera, Hodgin, Horlock and Maffia.

Noes: None

5. Title: 4303-B Scotts Valley Drive Planned Development Address: 4303-B Scotts Valley Drive
Planning Permit Applications: PD-19-004, MLD19-002, DR19-014, EA-19-010 Applicant / Property Owner: Rick Hochler, Hochler and Ross Family Trust Project Description: Consideration of a Planned Development, Minor Land Division, Design Review and Environmental Assessment, for a three-lot subdivision and a common parcel on a 0.43-acre site in the High Density Residential General Plan and Zoning District. Two new single-family dwellings and a new attached two-car garage for an existing single family dwelling is proposed.

Staff: Paula Bradley, Contract Planner, [email protected] M/S: Gentile / Horlock
To approve Resolution No. PD19-004, MLD19-002, DR19-014 and EA19-010 for the 4303-B Scotts Valley Drive Planned Development.

Carried: 5-0-0
Ayes: Gentile, Herrera, Hodgin, Horlock and Maffia.

Noes: None
059

City of Scotts Valley Planning Commission Meeting Minutes Page 4 of 4 Date: May 13, 2021

ALTERATIONS TO REGULAR AGENDA
(Commission can remove or add items to the Regular Agenda.)

REGULAR AGENDA
(Persons wishing to speak on any item may do so by raising their hand to be recognized by the Chair.)
None.

DISCUSSION ITEMS AND FUTURE AGENDA ITEMS: None.

WRITTEN COMMUNICATIONS – FOR INFORMATION ONLY: None.

DIRECTOR UPDATES: None.

ADJOURNMENT: 9:34 pm
060

Agenda Item No. 4
5/13/2021 PC Mtg.

City of Scotts Valley

PLANNING COMMISSION

STAFF REPORT
Date: May 13, 2021
Applicant /
Property Owner: Charlie Eadie, Eadie Consultants / Larry Abitbol, SV Housing LLC Applications: Planned Development Permit PD19-001, Land Division LD19-001, Design Review DR19-005, Environmental Assessment EA19-003, Environmental Review ND20-001

Location: Erba Lane (no situs) / APNs 22-481-18 and 22
General Plan / Zoning: High Density Residential / R-H, Residential High Density Environmental Status: Mitigated Negative Declaration
Request: Consideration of a Planned Development, Land Division, Design Review, Environmental Review for the Bay Village planned development to subdivide a 1.04-acre site into ten lots for the construction ten units (six detached single-family dwellings and two attached duet/ duplexes), and related site improvements, in the High Density Residential General Plan and Zoning District located at Erba Lane (no situs)
Staff Planner: Paula Bradley, Contract Planner, (831) 345-5482 [email protected]

STAFF RECOMMENDATION
Staff recommends that the Planning Commission recommend that the City Council approve the proposed project based on findings and conditions contained in the attached Resolution and Exhibit A.
061

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -2-

SITE AND PROJECT DESCRIPTION
The project site consists of two existing lots that will be subdivided into ten lots and two common lots. The subject parcels are currently vacant and used as a partially paved parking lot. The proposed new lots would range in size from 2,750 to 3,691 square feet (sf), with an undeveloped common area for the riparian woodland area (Lot B – 10,681 sf) and an access road for seven of the units (Lot A – 3,557 sf). The project includes the construction of ten twostory, single-family homes including four duplex/duets, all with attached two-car garages. The project includes nine 3-bedroom, 2.5 to three-bathroom homes, which range in size (including garages) from 2,252 sf to 2,637 sf, and one 2,770 sf 4-bedroom unit with three bathrooms.

The site gently slopes to the southeast towards Scotts Valley Drive where new private access road will be located and where most of the site grading and infrastructure will occur.

Existing land uses on adjacent parcels includes single and multi-family housing, office, and quasi-public use (fire station across the street). The eastern property line is described as an oak riparian woodland by the project biologist with an intermittent creek/drainage channel, and across the creek is MacDorsa Park, owned by the City of Scotts Valley. The creek is dry most of the year and ends where it is undergrounded by a storm drainpipe at the south eastern edge of the park. All public utilities necessary to serve the proposed development are available to the site.

Retaining walls will be constructed along the property lines in the southeast, south, northwest corners and between most of the lots to create level building pads on the sloped site. To delineate the existing oak riparian woodland habitat that extends along the eastern boundary of the project site, a split rail fence will be constructed along the boundary.

Fronting Erba Lane, the project includes a five-foot sidewalk and six-foot landscaped planting strip. The landscaping strip is designed to provide a green buffer as a tree-lined residential street and since the homes have a reduced front setback limiting the landscaping area. The project will construct a new 24-foot wide private road, accessed from Erba Lane, providing access to seven of the residential units (Lots 4 through 10). Ten on-street public parking spaces will be constructed along with the new sidewalk along Erba Lane.

PROPOSED ENTITLEMENTS
The project requires the following planning permits:

1. Planned Development Zoning – The proposed project is requesting to establish specialized planned development zoning standards that are exceptions from lot size, shape, and lot coverage standards of the R-H zoning regulations.

2. Subdivision – The project proposes to subdivide an existing 1.04-acre site into tenlots and two common lots, one that provides shared vehicle access to seven of the residential units and one to preserve the riparian woodland area, and includes utilities and the required on-site stormwater retention facilities that serve the subdivision. 062

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -3-

3. Design Review – Architectural and site plan review is required for all structures, alterations to structures and signage in the R-H zoning district pursuant to Municipal Code (R-H) Section 17.10.050. Design review is also required for the retaining walls and fences over three-foot height in the front yard setback and over six-foot height on the sides or rear yard setbacks.

Each of these requested entitlements and the proposed development’s compliance with General Plan and Zoning standards are discussed below.

DISCUSSION AND ANALYSIS
The project is requesting approval of a Planned Development Zoning, Subdivision, Design Review, and Environmental Review. The following section provides an analysis of the relevant general plan and zoning standards, requested development entitlements and environmental conditions associated with the proposed project.

BACKGROUND
In 2006 and 2015 General Plan Amendments and Zone Changes from Public/Quasi Public (PQ/P) to High Density Residential (HD-R) were approved for the two City-owned parcels.

The purpose of the General Plan Amendments and Zone Changes was, consistent with the land use policies, to encourage the redesignation of non-residential parcels for residential use to meet housing needs and at higher densities along transportation corridor to encourage residential development. The subject site is adjacent to High Density Residential zoning and use and is next to a public park.

The project is situated in the R-H, High Density Residential Zoning District. The table below describes the projects compliance with the R-H, zoning standards and the requested development exceptions.

Zoning Compliance Table – 22 Blake Lane
R-H, High-Density Residential
Standard Proposed Compliance Comment
Density 3,000 sf/unit max (15
units max); 9-15 units/ ac
10 units; 9.6 units/acre
Yes
Lot Area 6,000 sf Lot sizes vary from 2,750 to
3,691 sf No PD needed
Lot Width 60’ Lots vary from 35.2’ to 94’
(Lot 1) No PD needed
Lot Depth 60’ Lots vary from 54.67’ to

90.95’ Partial PD needed
Setbacks - Front 20’ Lots vary from 1.5’ (Lots 1
and 6) to 20’ (excluding
front porches)
Partial PD needed
- Side 10% of lot width, 5’ min Lots vary from 3’4” (Lot 6), all others are 5’ Partial PD needed
- Rear 20% of lot depth, 15’ min Lot 6 is 3’4”, others vary from 4’ to 18’ Partial PD needed
Height 35’ maximum 28’ to 35’ Yes
Site Coverage 55% maximum 33.6 % overall, average lot
40% Yes
PD needed
063

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -4-
Parking 2-car garage + 1
uncovered
2-car garage + 2 uncovered
Yes
Retaining Walls Design Review for
retaining walls/fences in
front and rear >3 and 6-ft
Walls topped by wood fence
vary from 8’ – 11’ft height
front, and 6.5’ – 11’ height
side and rear, terraced
No Subject to Design
Review
The applicant is requesting exceptions to the development standards through the Planned Development process for: 1) reduced lot sizes; 2) reduced lot width and lot depth; 4) reduced front, side, and rear yard setbacks. In addition, the proposed retaining walls topped with wood fences are higher than three-feet in portions of the front yard setbacks and exceed six-feet in height in portions of the side and rear yards and are subject to Design Review.

The requested exceptions and analysis are discussed in the sections below:

PLANNED DEVELOPMENT / MINOR LAND DIVISION: The Zoning Code requires every Planned Development District to be combined with an alternative base zoning district. In this case, the alternative base zone requested for this development is the High-Density Residential District (R-H). The project is requesting a Planned Development to establish specialized development standards that reflect exceptions from the proposed R-H Residential zoning regulations to accommodate the proposed residential development.

The table below provides lot sizes and site coverage proposed with the proposed subdivision.

Lot Size and Coverage Table
Lot Area Dwelling Size
(including garage)
Lot Width Lot Depth Site Coverage
(not including
impervious area)
Lot 1 3,441 2,768 94’ 13.07 and 54.67 40%
Lot 2 3,080 2,637 56’ 54.67’ 42%
Lot 3 3,116 2,637 56’ 54.67’ 42%
Lot 4 3,691 2,252 45.83’ 90.95’ 35%
Lot 5 3,235 2,252 38’ 76.63’ 40%
Lot 6 2,772 2,303 58.89’ 76.63’ 35%
Lot 7 3,329 2,438 38.95’ 78.36’ 36%
Lot 8 2,750 2,438 35.25’ 78’ 44%
Lot 9 2,750 2,546 35.25’ 78’ 44%
Lot 10 3,037 2,546 35.2’ 78’ 42%
Common Lot
Parcel A
3,562 0 24’ private
road
142.71’ 0
Common Lot
Parcel B
10,483 0 Irregularly
shaped
Irregularly shaped 0
According to the General Plan, the purpose of Planned Development Zoning is to provide the means to tailor zoning regulations and to apply specific standards for the development of a particular site. This process enables the City Council to consider the unique characteristics of a site and its surroundings to better implement the citywide objectives, goals, and policies of the General Plan and to provide site-specific development standards. Anytime Planned Development zoning is utilized, the standards established for the zoning district, which 064

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -5-
reflects the General Plan designation are tailored as part of a planned development. Tailored zoning regulations include, but are not limited to, lot size and shape, intensity, coverage, and appearance of structures.

The applicant originally proposed a twelve-lot subdivision with 12 new single-family homes, with development in the riparian woodland area. After the biologist determined the riparian woodland boundary, the project was redesigned as ten lots to avoid development in this area.

This created a physical constraint resulting in irregularly shaped lots and reduced front, side, and rear yard setbacks.

To avoid development in the oak riparian woodland, the applicant is requesting exceptions to the development standards through the Planned Development process for: 1) reduced lot sizes; 2); lot width; and 3) lot depth; The ten-lot subdivision, as designed, with ten new twostory single-family homes, with on-site parking is consistent with other single and multi-family homes in the surrounding area.

Front, Side and Rear Yard Setbacks: The applicant is requesting exceptions to the development standards through the Planned Development process for reduced front, side and rear yard setbacks. The zoning code standard for the front yard setback is 20-feet from the building to road right-of-way. Front yard setbacks vary from 1.5’ to the front porch for Lots 1 and 6, and 6‘ to 20’ excluding the front porches. Required side setbacks are 5’ minimum and proposed are 3’4” for Lot 6, all others are 5’. Rear yard setbacks vary from 3’4” (Lot 6) to 18’ where a minimum of 15’ is required’. Reduced front, side and rear yard setbacks within a planned unit development is a standard practice as a way to achieve appropriate residential densities and can be allowed through the Planned Development process.

Lot Size and Site Coverage: Site coverage is defined as the percentage of site area that may be covered by impervious surfaces, including all structures, open or enclosed or projections of structures. As shown in the tables above, the maximum allowable site coverage in the R-H zoning district is 55-percent. Project plans indicate an overall site coverage of 33.6-percent, which is below the maximum site coverage. The common Lot A, private roadway includes permeable paving which is not included in the site coverage. The proposed new lots range in size from 2,750 to 3,691 square feet (sf), where the R-H zoning standard is 6,000 square feet with an undeveloped common area for the riparian woodland setback (Lot B – 10,681 sf) and a shared access road (Lot A – 3,557 sf).

The new lots lot coverage does not meet the maximum lot coverage requirements, and it is anticipated that future individual owner’s yard improvements could result in additional impervious area over 55%. Staff recommends that greater lot coverage in the rear yards be allowed. The 10,483 square foot riparian area could be considered an offset for a greater percentage of impervious area for the individual lots. A condition of approval has been added to allow for additional future lot coverage at the discretion of the Community Development Director.

On-Site Parking and Driveway Design: The project meets or exceeds the single-family parking requirements by providing a two-car garage for each unit and a 20-foot deep driveway for two additional vehicles. No parking would be allowed in the access road and ten off-site public parking spaces will be created on Erba Lane. City standards limit the amount of 065

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -6-
paved area in front yards, allowing for landscaping to provide visual relief. However, in this case, common Lot A provides a private shared road for vehicle access serving seven of the proposed homes limiting landscape area. The front half of Lot A common parcel would have pervious pavers and contains subsurface on-site stormwater retention infrastructure.

DESIGN REVIEW: The Design Review process requires architectural and site plan review for all structures by the Planning Commission. The Design Review process is established to carry out the objectives of the City's General Plan and related zoning regulations and to ensure that permits for construction will be carried out in a manner which is not detrimental to the surrounding uses and is consistent with the overall planning goals of the city.

Building architecture and site design: The development proposes ten new, two story homes 28’ 6”’ feet to 34’2" feet in height. The new homes incorporate 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 and shingles or lap siding under the gables with wood brackets. Second floor balconies include brown iron railings. The roofs are conventional in design with a 6:12 pitch and medium dark brown color composition shingles, and the roof will accommodate future solar panels. 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 colors will be unique for each home and proposed colors are 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 is two natural stone brown/gray/ buff colors. The garage doors will be metal insulated doors with have sections and divided lights at the top with a wood trellis’ over the garage doors. The architectural details, materials, mass, and colors of the proposed residential units are high quality and are consistent with newer single-family homes, compatible with the surrounding area.

Retaining Walls and Fences: The project site slopes towards Scotts Valley Drive to the southeast. To accommodate the site grades and create level building pads the project requires retaining walls 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” height topped by a six-foot redwood fence.

As previously stated, retaining walls over three-feet in height in front yards and six-feet in the side and rear yards are subject to design review.

Park Access
Currently MacDorsa Park is accessible from Erba Lane through the project site and from the office building parking lot across the creek/drainage area. There are natural paths and an existing access leading towards the Police Department. Due to security concerns with the additional residents, the Police Department requested that this pathway be relocated. The 066

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -7-
City discussed the need for public access to the park with the applicant, and that it would be better located via the proposed new private road. A public access easement for pedestrians over the proposed new private road is included as a condition of project approval. 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.

Protected Trees and Riparian Woodland Reosurces: The applicant submitted an arborists report, dated 11/30/2017 and a Summary Arborist’s Report, Revisions to Preliminary Tree Inventory & Assessment, dated 3/27/2020, which evaluates 14 oak trees on the project site.

Twenty-six oak trees are rooted on the City owned property and creek area and grow somewhat horizontally so the dripline is on the subject property. After the biologist determined the riparian woodland boundary location, the project was redesigned as a ten-lot subdivision to avoid development in the riparian area and to preserve the oak trees. Two trees are proposed to be removed, although a total of six trees (closest to Lot 6) may be impacted by construction. With the implementation of the standard tree protection conditions and the and Mitigation Measures, the trees will be protected and preserved. Replacement trees are required at a 2:1 ratio, 15-gallon or 24-inch box trees. The landscaping includes a total of 22, 15-gallon size trees. The landscape planting strip along Erba Lane will include 11 street trees to create a tree lined street.

To protect the oak riparian woodland habitat that extends along the eastern boundary of the project site, a 3’-6” in height split rail wood fence will be constructed designating the riparian boundary (Lot B). This oak riparian woodland area will remain undeveloped and structures including solid fences, recreational or other equipment, and storage are prohibited. The CC&Rs will include the required prohibitions and HOA landscape maintenance of this area.

The retaining walls between lots one to five taper into the riparian boundary. Retaining walls and side yards for Lot 6 and 7 encroach into the riparian woodland area and the 25’ creek top of bank, and the biologist determined that this would be a minor encroachment and would not cause an impact to the riparian area. The biologist and arborist reviewed the revised plan and concluded that with the implementation of the mitigation measures and standard tree preservation measures this would not result in an impact to the area. The oak trees in the riparian area grow semi-horizontally and may require pruning and hand grading to avoid construction impacts to the trees. The arborist noted that the eastern side of Lot 7 could accommodate replacement trees. A mitigation measure includes preconstruction surveys for nesting birds and dusky-footed woodrat nests.

Landscaping: The project proposes to incorporate irrigated landscaped front yards. Lots 4, 5 7 to 10 will have artificial turf with trees, shrubs, and ground cover. Twenty-two 15-gallon trees including four replacement trees and eleven street trees in the landscape planter strip are included. A condition of approval and mitigation measures require that future landowners/tenants not use invasive nonnative plant species for landscaping, and this will also be required in the CC&Rs.

Public art: Proposed public art will be a custom Bay Photo design mural located on the face of the retaining wall of Lot 6 and Erba Lane. It will be approximately ten feet wide by four feet high. A condition of approval will require the review and approval of the final design by the Community Development Director.
067

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -8-
Lighting: The project proposes two bollard lights at the entry of the private driveway and exterior lighting fixtures are dark sky friendly and shielded. These are proposed for the front porches, the sides of the garage doors, and the rear and side yards. Recessed lighting proposed for the front porch ceiling or under the balconies. A mitigation measure requires that lighting be directed away from the riparian area so that it is not illuminated and no night lighting. A standard condition of approval will require that all exterior lighting be downward shining and shielded.

Cultural Resources: The project site is in a designated moderate and high sensitivity for cultural resources. An Extended Phase I Archaeological Assessment dated 3/04/2020 was completed for the project and concluded that there were no intact prehistoric or historic era archaeological deposits. and that standard conditions of approval for archaeological and paleontological resources will ensure there will be no potential impacts. The report also recommended in addition to archaeological monitoring, Native American monitoring during all ground disturbing activity which is also required as a condition of approval.

ENVIRONMENTAL DETERMINATION
A Mitigated Negative Declaration (MND) was prepared for the proposed development consistent with the requirements of the California Environment Quality Act. Project related environmental impacts were identified and includes mitigation measures that reduce the potential impacts to less than significant. With the implementation of two biological mitigation measures there will be no impacts to vegetation, wildlife or riparian woodland or any other biological resources. The project would not degrade the quality of the environment or contribute to cumulative impacts to environmental resources. The MND was circulated for 30 days as required, from March 30, 2021 through April 30, 2021.

PUBLIC NOTICE & COMMENT
A public notice was posted on site and mailed to surrounding property owners within 300 feet pursuant to State law. As of the date of this staff report two comments emails have been received on the proposed development and are attached. The concerns included increased traffic, a narrower street, pedestrian safety, and the loss of the parking and use of the site by the fire department and construction noise. Two letters were received from neighbors concerning increased traffic and a narrower street, pedestrian safety, loss of parking, loss of the use the vacant lot for the Fire Department and fire department access and circulation, and construction noise and debris.

FINDINGS AND CONCLUSION
Staff finds that the project’s architectural and site plans respond appropriately to the site and surrounding area and recommends that the Planning Commission forward an affirmative recommendation to the City Council on the proposed four lot residential subdivision, Planned Development District and Permit, and Design Review subject to findings and conditions contained in the attached Resolution and Conditions of approval. 068

Bay Village Planned Development Planning Commission Staff Report May 13, 2021 -9-

ATTACHMENTS
Resolution and Conditions of Approval (Action Item) ..................................................10

1. Location Map................................................................................................. 11

2. Project Plans................................................................................................. 12

3. Draft Initial Study (3/22/2021) and Attached Reports …………………………29 a. Biological Assessment, by Biotic Resources Group, 5/31/2019 b. Addendum to Biological Assessment, by Biotic Resources Group, 5/31/19 c. Arborists Report Tree Appraisal & Inventory, by Kurt Fouts, 11/30/2017 d. Summary Arborist’s Report Revisions to Preliminary Tree Inventory & Assessment, by Kurt Fouts, 3/27/2020
e. Appendix C - Tree Appraisal & Inventory, by Kurt Fouts, 4/29/2020 f. Extended Phase I Archaeological Assessment, by Albion, 3/04/2020

4. Public Comments ........................................................................................364 069

RESOLUTION NO. _____

A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY

OF SCOTTS VALLEY RECOMMENDING TO THE CITY COUNCIL

CERTIFICATION OF A MITIGATED NEGATIVE DECLARATION
(ND20-001), LAND DIVISION (LD19-001), PLANNED
DEVELOPMENT OVERLAY AND PERMIT (PD19-001), DESIGN
REVIEW (DR19-005), FOR THE BAY VILLAGE PLANNED

DEVELOPMENT CONSISTING OF A TEN-LOT SUBDIVISION AND
TWO COMMON LOTS ON A 1.04-ACRE SITE IN THE HIGH

DENSITY RESIDENTIAL GENERAL PLAN AND ZONING DISTRICT
FOR 10-SINGLE FAMILY DWELLINGS (SIX DETACHED AND

FOUR ATTACHED DUETS/DUPLEXES) AND RELATED SITE

IMPROVEMENTS, SUBJECT TO CONDITIONS OF APPROVAL,
LOCTED AT ERBA LANE // APN 022-481-18 AND 22
WHEREAS, the City of Scotts Valley has received an application and technical reports from Charlie Eadie, Eadie Consultants, applicant, and Larry Abitbol, SV Housing LLC, property owner, to subdivide a 1.04-acre site into ten lots and two common lots to construct ten units (six detached single-family dwellings and four attached duet/ duplexes) and related site improvements, in the high density residential general plan and zoning district, located at Erba Lane (no situs), as shown on project plans on file with the Planning Department / APN 022-481-18 and 22; and
WHEREAS, the applicant has presented substantial evidence which supports the application; and
WHEREAS, the application is a “project” pursuant to the California Environmental Quality Act (“CEQA”), which requires environmental review; and WHEREAS, the City conducted an Initial Study and prepared a Mitigated Negative Declaration (IS/MND), in accordance with the State CEQA Guidelines and requirements. The IS/MND was duly noticed, published, and distributed for a 30- day public review period from March 30, 2021 through April 30, 2021 (5:00 p.m.), and was made available for public review, on the City’s website; and WHEREAS, the Planning Commission held duly published and noticed public hearings on May 13, 2021, to review and consider the proposed development and the requested planning permits (entitlements), hear public testimony, and provide comments and recommendations to the City Council; and NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Scotts Valley (“Commission”), that the Commission hereby recommends to the City Council:

SECTION 1: That the IS/MND has been completed in compliance with the requirements of CEQA and that the Planning Commission has reviewed and considered the information within the IS/MND.
070

SECTION 2: That the IS/MND represents the independent judgment and analysis of the City.

SECTION 3: That the City Council certify the MND based on the following findings pursuant to CEQA and the CEQA Guidelines Section 15074:

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 BIO-3) impacts 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 071

wildlife habitat or other resources.

SECTION 4: Approve the Planned Development District Overlay and Permit based on the following findings, subject to Conditions of Approval (Exhibit A) attached hereto and incorporated herein:

6. That the Planned Development Zoning District Overlay and Permit (PD) further the policies of the General Plan. The project meets the requirement of this finding in that the project proposes two new single-family dwellings within lands designated R-H, High Density Residential on the City’s General Plan map.

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 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.

7. The proposed Planned Development District Overlays (PD) are consistent with the underlying land use designations and zoning districts and that of the City of Scotts Valley General Plan. The project meets the requirements of this finding because the PD district overlay will be combined with the base zoning district. The resulting R-H/PD zone allows specific development standards to address to accommodate unique circumstances related to lot size and shape, intensity, coverage, and appearance of structures. After the biologist determined the riparian woodland boundary location, the project was redesigned from a twelve-lot subdivision with 12 new single-family dwellings, as ten lot subdivision to avoid development in the riparian area. This created a physical constraint resulting in very irregularly shaped lots and reduced front, side, and rear yard setbacks and requested exceptions to the development standards as allowed in a PD district.

8. That the PD conforms in all respects to the planned development zoningof the property. The “PD” will be an overlay zone to the proposed R-H base zoning district. The project design meets the requirement of this finding in that approval of the Planned Development and Design Permit will allow the construction of ten two-story, single-family dwellings including four duplex/duets, all with attached two-car garages and private yards. 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. Each new home will have private yard space, two covered garage parking space and two uncovered parking spaces.

9. That the inter-relationship between the orientation, location, mass and scale of building volumes, and elevations of buildings, structures, and other uses on-site 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 072

forms include gables 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.

10. 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 MND20-001 and determined that there would be no potentially significant adverse environmental impacts and the project will not degrade the quality of the environment with the implementation of identified standard conditions of approval and three Mitigation and Monitoring measures.

SECTION 5: Approve the Land Division based on the following findings, and as shown on the plans submitted, subject to Conditions of Approval (Exhibit B) attached hereto and incorporated herein:

11. 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 residentialneighborhood.

12. 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.
073