Agenda packet — Scotts Valley City Council, November 20, 2024 (part 2 of 4)

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17.04.170 Definition of "N" terms.
"Net site area" is defined in the Hillside Residential Combining District Regulations (Chap. 17.40) to determine average slope. This term does not apply to other sections within the zoning ordinance. "Nonconforming structure, lawful" means any structure or improvement that was lawfully established and in existence at the time the ordinance codified in this title, or any amendment thereto, became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zoning district in which the use is located. "Nonconforming use, lawful" means a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the use regulations for the district in which it is located. "Nursery" means a commercial use of land and/or greenhouses used to raise and sell trees, flowers, shrubs, plants and ancillary packaged horticultural products.
"Nursing home" means a structure used for the rooming or boarding of any aged or convalescent person or persons, whether ambulatory or nonambulatory, for which a license is required by a county, state or federal agency. The term "convalescent" is construed to include the mentally ill and the inebriate. (Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 8, 9, 9-5-2007)

17.04.180 Definition of "O" terms.
“Objective standards” means standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal. "Offices, administrative or executive" means offices pertaining to the management of office operations or the direction of enterprises, but not including merchandising or sales offices. "Offices, professional" means offices pertaining to the practice of the professions and arts, including but not limited to architecture, dentistry, engineering, law and medicine, but not including the sale of drugs or prescriptions, except as incidental to the principal primary use and where there is no external evidence of such incidental use.
"Off-street loading facilities" means a site or a portion of a site devoted to loading or unloading motor vehicles, trucks or tractor-trailers, including loading berths, aisles, access drives and landscaped areas. "Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas. "On-site" means located on the lot(s) or parcel(s) that is (are) the subject of an application for development. "Outdoor storage." Outdoor storage uses are prohibited in the C-S zone on Scotts Valley Drive and on all properties located on Scotts Valley Drive, no matter the zone. On all other properties zoned C-S, outdoor storage uses are conditional uses. Outdoor storage shall mean a space or place for storing items in the open air, not inside a completely enclosed building for a continuous period longer than twenty-four hours. A completely enclosed building is four or more walls with a roof but not a carport or porch. Items considered as outdoor storage shall include any of the following items, but not limited to, as determined by the community development director:

1. Appliances and furniture which are clearly not intended for outdoor use on the property;

2. Building materials that are not part of a current project under construction;

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3. Commercial vehicles;

4. Contractor's storage yard;

5. Inoperable vehicles;

6. Junkyards, see existing definition in this Title;

7. Machinery and equipment;

8. Portable outdoor storage containers, roll-off bins, shipping cargo containers;

9. Recreational vehicles;

10. Trailers;

11. Watercraft; and,

12. Other similar items as determined by the community development director to be inconsistent with the purpose and objectives of the applicable zoning district.

Permitted outdoor storage uses may remain in place until their individual use permits expire, or in accordance with Chapter 17.48, Nonconforming Uses and Structures, of this Title. Unpermitted outdoor storage uses shall vacate the subject properties by July 1, 2016.

This definition shall not apply to:

13. Auto rental businesses;

14. Auto repair shops;

15. Christmas tree sales;

16. Construction sites with an active building permit for new development which involve storing construction materials that are intended to be used within sixty days on the subject property;

17. Garden shops;

18. Gasoline service stations;

19. Merchandise associated with a retail or other permitted use which is displayed outdoors during the day and brought indoors at the end of the business day unless otherwise approved for merchandise to remain outdoors;

20. Occasional sidewalk sales;

21. Off-street parking and loading areas;

22. Open-air markets;

23. Outdoor garden shops;

24. Outdoor theatrical activities;

25. Sale of nursery products; and,

26. Vehicle sales, in accordance with this Title.
(Ord. 16.76 § 1 (part), 1989; Ord. No. 16-133.3, § 1, 7-15-2015)

17.04.190 Definition of "P" terms.
"Parapet" means the extension of the main walls of a building above the roof level.

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"Perennial stream" means a water channel in which water is present during all seasons of the year. "Person" includes a natural person, joint venture, join stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.
"Personal service" means a use providing services of a personal convenience nature and not primarily for the sale of goods or merchandise, including repair shops, beauty shops and barber shops, repair and fitting of clothes and personal accessories, laundry and cleaning (where bulk cleaning and servicing is done elsewhere) and similar services.
"Planned unit development (PUD)" means a form of development usually characterized by a unified site design for a number of housing units, clustered buildings and the provision of common open space, density increases and a mix of building types and land uses.
"Planning director" means the Director of the Planning Department of the City of Scotts Valley or the designated representative. The term "planning director" and "community development director" are interchangeable and have the same meaning.
"Planning commission" means the Planning Commission of the City of Scotts Valley. "Public uses" means publicly owned or operated facilities and spaces, including public streets, parking spaces, parks, public facilities and open spaces maintained or available for the public to use. "Public utility service yard" means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe conduits, transformers, cross arms, utility poles or any other material, tools or supplies necessary for the normal maintenance of utility facilities.
(Ord. 16.76 § 1 (part), 1989; Ord. 16-112 § 6, 2000; Ord. 16.123, § 10, 9-5-2007)

17.04.200 Definition of "Q" terms.
"Quasi-public uses" means uses owned or operated by a nonprofit, religious or philanthropic institution and providing educational, cultural, recreational, religious or similar types of public programs. (Ord. 16.76 § 1 (part), 1989)

17.04.210 Definition of "R" terms.
"Recreation, commercial" means clubs or recreation facilities operated as a business which may or may not be open to the general public for a fee.
"Recreation, private" means clubs or recreation facilities of a noncommercial nature operated by a nonprofit organization and open only to bona fide members of such nonprofit organizations. "Recreation, public" means publicly owned or operated clubs or recreation facilities. "Research and development" means firms or businesses whose function includes information gathering, scholarly or scientific inquiry or investigation, medical research, high technology or the development of computer software.
"Rest home" means premises used for the housing of and caring for the ambulatory, aged or infirm, which premises require a license from the state or county (this includes a home for the aged).

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"Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for immediate human consumption on the premises, including any coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, bar, soda fountain, dining room, drive-in and/or drive-through facility.
"Retail service" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use, including but not limited to the following: groceries, meat, vegetables, dairy products, baked goods, candy and other food products; liquor and bottled goods; household cleaning and maintenance products; drugs; cards, stationery, notions, tobacco products, cosmetics and specialty items; flowers, plants and garden products; hobby materials; toys; handcrafted items; clothing, shoes, apparel, jewelry, fabrics and like items; cameras and photography equipment; household electronic equipment, computers, televisions, video and tape recorders and similar items; books, records and tapes; sporting equipment; furniture, furnishings, appliances, antiques, art objects, paint and wallpaper, floor coverings and lighting fixtures; office supplies; musical instruments; hardware and building supplies; and bicycles, mopeds and automotive parts and accessories. (Ord. 16.76 § 1 (part), 1989; Ord. 16.123, § 11, 9-5-2007)

17.04.220 Definition of "S" terms.
"Screening" shall mean a visual buffer consisting of wood, masonry, dense evergreen hedge, or other plant material, or a combination of these elements, or other material approved by the community development director, to reduce visual unsightliness of uses and/or items stored on the subject property. "Second dwelling unit" means an additional dwelling unit which contains no greater than eight hundred square feet of living space, not including the garage, which shares a lot with a primary residence. The second unit is served by the same driveway access to the street as the existing main dwelling. "Setback" means the distance between the existing or planned right-of-way line or property line and a building or any projection thereof, excluding uncovered steps. “Single-room occupancy (SRO)” means a residential facility with single-room dwelling units where each dwelling unit is the primary residence of its occupants. An SRO unit may contain kitchen or bathroom facilities, but not both.
"Site" means any plot or parcel of land or combination of contiguous lots or parcels of land. "Site area" means the total area (e.g., square feet, acres) included within the property lines of a site. "Site coverage" means the percentage of site area covered by impervious surfaces, including all structures, open or enclosed or projections of structures.
"Spa" means a self-contained or non-self-contained hydro-massage pool or tub for recreation or therapeutic use, designed for immersion of users and usually having a filter, heater and motor-driven blower. It may be installed on the ground or on a supporting structure, or in the ground or in a supporting structure. A spa is intended for recreational bathing and contains water over twenty-four inches deep. "Stable, private" means a detached building for the keeping of horses which are owned by the occupant(s) of the premises and not kept for remuneration, hire or sale. "Stable, public" means a stable other than a private stable. "Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the uppermost story shall be that portion of a building included between the upper surface of the uppermost floor and the ceiling or roof above.

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"Street" means a public or private right-of-way which provides means of access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term (but not alley or lane, which terms are defined in Section 17.04.040). "Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.
"Structure" means an object directly or indirectly fixed or attached to the ground which is built or constructed by man. A structure includes, but is not limited to, buildings, edifices, bridges, signs, fences, foundations, kiosks, arches, fountains, walls and building appendages such as marquees, awnings, canopies, decks, and lighting fixtures.
"Structure, accessory" means a detached structure, the use of which is subordinate and incidental to and customarily associated with, the main primary structure or the principal primary use of the site and which is located on the same site as the main primary structure or principal primary use. The term includes, but is not limited to detached garages or carports, cabanas, gazebos, arbors, sheds and buildings connected to a main primary structure by a breeze way.
"Structure, principalprimary" means a structure housing the principal primary use of a site or functioning as the principal primary use.
"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community; as defined by Section 50675 of the California Health and Safety Code. "Swimming pool" means any structure intended for swimming or recreational bathing that contains water over twenty-four inches deep. This includes in ground, above ground and on-ground swimming pools, and fixed-inplace wading pools. This definition does not include hot tubs or spas. (Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 8, 1991; Ord. 16-112 § 7, 2000; Ord. No. 16-133.3, § 2, 7-15-2015; Ord.

No. 16-138, § 2, 7-15-2015)

17.04.230 Definition of "T" terms.
"Target population" means adults with low-income having one or more disabilities, including mental illness, HIV or AIDS, substance abuse, or other chronic health conditions, or individuals eligible for services provided under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500) of the Welfare and Institutions Code) and may, among other populations, include families with children, elderly persons, young adults aging out of the foster care system, individuals exiting from institutional settings, veterans, or homeless people; as defined in Section 50675.14 of the California Health and Safety Code. "Temporary structure" means a structure without any foundation or footings and which is removed when the designated time period, activity or use for which the temporary structure was erected has ceased. "Top of bank" means the edge of the floodway as depicted in Figure 17.04.230. Within the area formed by the edges of a floodway shall lie a stream channel and the portions of the adjacent hundred-year flood plain as required to efficiently carry the flood flows of the stream. This area includes areas A and B as shown on the diagram in Figure 17.04.230. This definition is not intended to be used to define a bank-to-bank easement or offer of dedication for open space and drainage or any other purpose in other ordinances of the city or other titles of this code. "Top of bank" is defined only for purposes of the zoning ordinance codified in this title.

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Figure 17.04.230 Top of Bank Diagram
"Tot lot" means an improved and equipped play area for small children (usually up to elementary school age).

Townhouse. See "Dwelling, townhouse"
"Transitional housing" means temporary rental housing intended for occupancy by target populations transitioning to permanent housing that is operated under program requirements calling for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in Section 50675.2 of the California Health and Safety Code.
"Trellis" means a vertical structure or frame constructed of materials including but not limited to lattice work or other similar wood, metal or plastic embellishment used as a screen or as a support for climbing plants. See definition of Fence, open.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16-112 § 8, 2000; Ord. 16.123, § 12, 9-5-2007; Ord. No. 16-138, § 3, 7-15-2015)

17.04.240 Definition of "U" terms.
"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or structure(s) may be occupied or maintained. "Use, accessory" means a use which is clearly incidental and secondary to the main primary use and which does not change the character thereof. (See also "Structure, accessory," Section 17.04.220). “Use, primary” means the main purpose for which a site is developed and occupied. "Used car" means any vehicle used by a previous owner or traded in. (Ord. 16.76 § 1 (part), 1989)

17.04.250 Definition of "V" terms.

Reserved.
(Ord. 16.76 § 1 (part), 1989)

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17.04.260 Definition of "W" terms.

Reserved.
(Ord. 16.76 § 1 (part), 1989)

17.04.270 Definition of "X" terms.

Reserved.
(Ord. 16.76 § 1 (part), 1989)

17.04.280 Definition of "Y" terms.
"Yard, front" means an open space extending the full width of the lot, measured between the portion of the building closest to the front lot line and said front lot line (except where the front lot line lies within a public or private right-of-way, in which case the measurement is between the portion of the building closest to the front lot line and the edge of the right-of-way closest thereto), measured perpendicularly to said front lot line, which open space is unoccupied and unobstructed from the ground upward, except as otherwise specified in this title (see Figure 17.04.280).
"Yard, rear" means an open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in this title (see Figure

17.04.280).

Figure 17.04.280 Setback Illustrations
"Yard, side" means an open space extending from the rear boundary of the front yard to the front boundary of the rear yard (or to the rear lot line in the event there is no rear yard) between a building and nearest side lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in this title. "Yard, side (exterior)" means a side yard which abuts a street (applies to corner lots) (see Figure 17.04.150).

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"Yard, side (interior)" means a side yard which abuts an adjoining lot (see Figure 17.04.150). (Ord. 16.76 § 1 (part), 1989)

17.04.290 Definition of "Z" terms.
"Zone or zoning district" means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof, apply under the provisions of this title. Zone or zoning districts are shown on the official zoning map or maps referred to in Chapter 17.08. "Zoning map" means the official zoning map or maps of the City of Scotts Valley, adopted by the city council and effective upon the effective date of the ordinance codified in this title, together with all amendments thereto hereafter made.
"Zoning permit" means a document signed by the building inspector, as required in this title, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of this title.
(Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.06 ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:07 [EST] (Supp. No. 33)

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Chapter 17.06 ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS

17.06.010 Zoning districts.

The zoning districts hereby established and into which the city is divided, are designated as follows:

Symbol District name
R-VH Very high-density residential zoning district
R-H High-density residential zoning district
R-M-6 Multiple residential and zoning district
R-M-8 Multiple residential and zoning district
R-1 Residential single-family zoning district
R-R-2.5 Residential-rural zoning district
R-MT-5 Residential-mountain zoning district
C-S Service commercial zoning district
C-SC Shopping center commercial zoning district
C-P Professional commercial zoning district
I-L Light industrial zoning district
I-RD Research and development zoning district
P Public/quasi-public zoning district
OS Open-space zoning district
(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, § 13, 9-5-2007)

17.06.020 Combining zoning districts.

The zoning districts set forth in this section are termed combining districts. The combining district regulations are in addition to the regulations of the base zoning district to which the combining district is attached.

Notwithstanding any provision in this title to the contrary, in the event of a conflict between the regulations of the base zoning district and the regulations of the combining district, the regulations of the combining district will control.

Symbol District name
TP Timberland production zoning district
ST Special treatment combining district
FW Floodway combining district
HR Hillside residential combining district
HE Housing element opportunity site combining district
(Ord. 16.76 § 1 (part), 1989)

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17.06.030 Zoning map.

The designations, locations and boundaries of the zoning districts are set forth in the official zoning map or maps of the city, which are referred to in Chapter 17.08. (Ord. 16.76 § 1 (part), 1989)

17.06.040 Determination of boundaries.

Where uncertainty exists as to the boundaries of any of the zoning districts shown on the "official zoning map," the following shall apply:

A. Where such boundaries are indicated as approximately following street and alley lines or lot lines, such lines shall be construed to be such boundaries.

B. Where a zoning boundary divides a lot, the zoning boundary shall be determined by following a major topographical or physical feature.

C. Where a public street or alley is officially vacated or abandoned, the regulations applicable to the adjoining parcel to which it reverts shall apply to such vacated or abandoned street or alley.

D. Where any further uncertainty exists as to the boundaries of any of the aforesaid zoning districts, the planning commission shall determine the location of such boundaries. (Ord. 16.76 § 1 (part), 1989)

17.06.050 Zoning of annexed parcels.

All territory hereafter annexed to the city of shall be classified as a part of that zoning district of the city specified by the city council at the time of the annexation, after report and recommendation of the planning commission, all as prescribed or referenced in Section 17.44.040. (Ord. 16.76 § 1 (part), 1989)

17.06.060 Effect of establishment of zoning districts.

Except as otherwise provided herein:

A. No building or any part thereof or other structure shall be erected, altered, added to or enlarged, nor shall any land, building, structure or premises be used, designated or intended to be used for any purpose or in any manner other than that which is included among the uses herein after listed as permitted in the zone in which such building, land or premises is located.

B. No building or any part thereof or structure shall be erected, reconstructed or structurally altered to exceed in height the limit hereinafter designated for the zone in which such building is located.

C. No building, or any part thereof or structure shall be erected, nor shall any existing building be altered, enlarged or rebuilt or moved into any zone, nor shall any open space be encroached upon or reduced in any manner, except in conformity to the yard, building site area and building location regulations hereinafter designated for the zone in which such building or open space is located.

D. No yard or other open space provided about any building, for the purpose of complying with provisions of this title, shall be considered as providing a yard or open space for any other building and no yard or

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other open space on one building site shall be considered as providing a yard or open space for a building on any other building site.
(Ord. 16.76 § 1 (part), 1989)
Chapter 17.08 OFFICIAL ZONING MAP

17.08.010 Official map and amendments.

This chapter consists of the official zoning map(s) of the city. Said map(s), properly attested, shall be and remain on file in the office of the Scotts Valley planning department. Said map(s) and all notations, references, data and other information shown thereon, together with any and all amendments thereto that are adopted hereafter from time to time, shall be and are made a part of this title (and this chapter) by this reference as though set forth in full herein. The official zoning map(s) of the city is (are) adopted by the city council as a part of this title and shall be effective upon the effective date of the ordinance codified in this title. Any amendments to said map(s) hereafter made shall be effective upon the effective date of the amending ordinance and shall by this reference automatically become a part hereof as though set forth in full herein.

The official zoning map(s) is (are) currently and shall at all times remain on file in the office of the planning department of the city, together with any future amendments thereto that are hereafter made. (Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.09 R-VH VERY HIGH-DENSITY RESIDENTIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:07 [EST] (Supp. No. 33)

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Chapter 17.09 R-VH VERY HIGH-DENSITY RESIDENTIAL ZONING DISTRICT

REGULATIONS

17.09.010 Description and purpose.

The R-VH zoning classification is designed to provide areas for apartments, townhouses, condominiums and similar developments with open space and other amenities which will enhance the living qualities of the development and promote the housing goals of the general plan. In addition, the very high-density residential district is intended to achieve the following purposes:

C. To ensure adequate light, air, privacy and open space for each dwelling unit; D. To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;
E. To minimize traffic congestion by providing housing on the city's transportation corridors; F. To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;
G. To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks;
H. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences; I. To protect residential properties from fire, explosion, noxious fumes and other hazards. (Ord. 16.123, § 14, 9-5-2007)

17.09.020 Permitted uses.

A. A. Small family child care homes;
B. Small community care residential facilities;
C. Multifamily dwellings conforming to the density requirements of this chapter; D. Accessory structures and uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to home occupations (subject to the provisions of Section 17.50.040 of this title), the keeping of four cats, four dogs or a combination thereof not to exceed a total of four and private garages and parking areas.

E. Transitional housing and supportive housing.

F . Accessory dwelling units and junior accessory dwelling units pursuant to chapter 17.57 and 17.58 of this title.
(Ord. 16.123, § 14, 9-5-2007; Ord. No. 16.132, § 1, 5-1-2013; Ord. No. 16-138, § 14, 7-15-2015)

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17.09.030 Conditional uses.

The following conditional uses shall be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Community facilities and institutions;
B. Day-care centers;
C. Public utility and public service facilities;
D. Large family child care home: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section

17.50.015.
(Ord. 16.123, § 14, 9-5-2007)

17.09.040 Development standards.

The following development standards shall apply to all land and buildings in the R-VH zoning district:

A. Lot area and density requirements. All lots hereafter created shall comply with the following minimum standards:

Zone Minimum
Overall
Lot Area
Maximum
Lot
Density
Minimum
Lot Width
Minimum
Lot Depth
R-VHD 6,000 sq. ft. 2,100 sq.
ft./dwelling unit
60 feet 60 feet
B. Minimum lot frontage. The minimum lot frontage shall be sixty feet.

C. Yards.

1. Front yard. The minimum front yard shall be ten feet for residential buildings and twenty feet for garages.

2. Side yard setback for existing parcel. The minimum side yard shall be ten feet or ten percent of the lot width which ever is greater for the existing parcel perimeter. Side yard setback for internally created new parcels shall be determined by the planning commission. However, if a garage entrance is located off a side yard the setback shall be twenty feet at the garage entrance to allow for space for a vehicle to park in front of the garage.

3. Rear yard. The rear yard shall be twenty percent of the depth of the lot, provided that a rear yard of more than twenty-five feet shall not be required and a rear yard of less than fifteen feet shall not be permitted, subject to the following exceptions:
a. The rear yard may be reduced to not less than fifteen feet, provided, that one side yard is not less than twenty-five feet.
b. One foot shall be added to the rear yard for each two feet in height above which the top plate line exceeds twenty feet in height.

D. Maximum site coverage. The maximum site coverage in the R-VH zoning district shall be fifty-five percent.

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E. Building height. No structure in the R-VH zoning district shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title.

F. Each dwelling shall have private, useable outdoor space, i.e. decks, balconies, yards or patios of one hundred square feet per residential unit. If the design is not suitable for private open space, useable common open space may be provided at two hundred square feet per residential unit if approved by the planning commission.

G. Accessory Structures. See Section 17.46.130 (Accessory Structures). (Ord. 16.123, § 14, 9-5-2007)

17.09.050 Other required conditions.

A. Design review shall be required for all new structures or alterations to existing structures in the R-VH Zoning District. The design review shall be conducted by the planning commission at a noticed public hearing.

B. Standards and guidelines contained in Section 17.50.030 shall be used to review the project design. The project design may be approved as submitted, approved with added conditions or denied based on conformance with design standards.

C. No building shall be located closer than twenty-five feet from the top of the bank of a perennial or intermittent stream. All proposed structures shall be constructed above the one-hundred-year floodplain. (Ord. 16.123, § 14, 9-5-2007)

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Title 17 - ZONING
Chapter 17.10 R-H HIGH-DENSITY RESIDENTIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:07 [EST] (Supp. No. 33)

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Chapter 17.10 R-H HIGH-DENSITY RESIDENTIAL ZONING DISTRICT REGULATIONS

17.10.010 Description and purpose.

The R-H zoning classification is designed to provide areas for apartments, townhouses, condominiums and similar developments with a maximum of open space and other amenities which will enhance the living qualities of the development and promote the housing goals of the general plan. In addition, the high-density residential district is intended to achieve the following purposes:

A. To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety; B. To preserve as many of the desirable characteristics of one-family residential districts as possible while permitting higher densities;
C. To ensure adequate light, air, privacy and open space for each dwelling unit; D. To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;
E. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; F. To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;
G. To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks;
H. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences; I. To protect residential properties from fire, explosion, noxious fumes and other hazards. (Ord. 16.76 § 1 (part), 1989)

17.10.020 Permitted uses.

A. Small family child care homes;
B. Mobile homes and manufactured housing;
C. Multifamily dwellings conforming to the density requirements of this chapter; D. Single-family dwellings;
DE. Accessory structures and uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to home occupations (subject to the provisions of Section 17.50.040 of this title), the keeping of four cats, four dogs or a combination thereof not to exceed a total of four and private garages and parking areas;
EF. Small community care facilities.

FG. Transitional housing and supportive housing.

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GH. Accessory dwelling units and junior accessory dwelling units pursuant to chapter 17.57 and 17.58 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 15—17, 9-5-2007; Ord. No. 16.132, § 2, 5-1-2013; Ord. No. 16-138, § 15, 7-15-2015)

17.10.030 Conditional uses.

The following conditional uses shall be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Bed and breakfast establishments;
B. Community facilities and institutions;
C. Day-care centers;
D. Occupancy of existing dwelling while constructing a replacement dwelling on the same lot; E. Public utility and public service facilities;
F. Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015;
G. Tract offices.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 18, 19, 9-5-2007)

17.10.035 Large community care facilities.

No person shall operate a large community care home without obtaining a conditional use permit in accordance with Section 17.50.020. In addition the applicant shall submit the following:
a. A letter or certification of final approval from the state or county licensing authority, b. A site plan of the property showing parking, outdoor exercise area, and fencing. c. A letter from the fire department approving the safety of the structure for the use, d. A letter of application describing the type of use, number of residents, age of residents, any special resident care that is provided, and a daily work schedule showing the number of employees at the facility, and
e. Landscaping and other information as required by the community development director. (Ord. 16.123, § 20, 9-5-2007)

17.10.040 Development standards.

The following development standards shall apply to all land and buildings in the R-H zoning district:

A. Lot area and density requirements. All lots hereafter created shall comply with the following minimum standards:

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Zone Minimum
Lot Area
Maximum
Lot
Density*
Minimum
Lot Width
Minimum
Lot Depth
R-H 6,000 sq. ft. 3,000 sq.
ft./dwelling unit
60 feet 60 feet
*If, after dividing the area of the lot by the area required per dwelling unit or structure containing a dwelling unit, a remainder of more than ninety percent of the area required for an additional unit is obtained, one additional dwelling unit may be located on the site.

B. Minimum Lot Frontage. The minimum lot frontage shall be sixty feet.

C. Yards.

1. Front Yard. The minimum front yard shall be twenty feet.

2. Side Yard.
a. Permitted Uses. The minimum side yard for a permitted use shall be ten percent of the width of the site; provided, that a side yard of more than ten feet shall not be required and a side yard of less than five feet shall not be permitted, subject to the following exceptions:
i. On the street side of a corner lot, the side yard shall be twenty percent of the width of the site; provided, that a side yard of more than twenty feet shall not be required and a side yard of less than eight feet shall not be permitted. ii. One foot shall be added to each side yard for each two feet of height above which the top plate line exceeds twenty feet in height (see Figure 17.10.040).

Figure 17.10.040 Top Plate Line
iii. One foot shall be added to the interior side yard for each five feet by which a wall of a structure within twenty-five feet of the side property line exceeds forty feet in length parallel or approximately parallel to the side property line. iv. A side yard providing access to more than one dwelling shall be not less than twelve feet.
b. Conditional Uses. The side yard for a conditional use and its accessory structures shall be ten percent of the average width of the site, with a minimum of ten feet and a maximum of twenty feet required, subject to the following exceptions:

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i. On the street side of a corner lot, the side yard shall be not less than twenty percent of the width of the site, with a minimum of fifteen feet and a maximum of forty feet required.
ii. One foot shall be added to each side yard for each two feet of height above which the top plate line exceeds twenty feet of height (see Figure 17.10.040). iii. One foot shall be added to the interior side yard for each five feet by which a wall of a structure within twenty-five feet of the side property line exceeds thirty feet in length parallel or approximately parallel to the side property line.

3. Rear Yard. The rear yard shall be twenty percent of the depth of the lot, provided that a rear yard of more than twenty-five feet shall not be required and a rear yard of less than fifteen feet shall not be permitted, subject to the following exceptions:
a. The rear yard may be reduced to not less than fifteen feet, provided, that one side yard is not less than twenty-five feet.
b. One foot shall be added to the rear yard for each two feet in height above which the top plate line exceeds twenty feet in height.

D. Maximum Site Coverage. The maximum site coverage in the R-H zoning district shall be fifty-five percent.

E. Building Height. No structure in the R-H zoning district shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title.

F. Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 (part), 1989; Ord. 16.76 § 1 (part), 1989)

17.10.050 Other required conditions.

A. Architectural and site plan review by the design review board shall be required for all structures, alterations to structures and signage in the R-H zoning district.

B. Special conditions of review apply to any application and proposal for any apartment project proposed on a parcel in excess of twenty thousand square feet in the R-H zone. The proposed design review application shall be reviewed by the planning commission in a noticed public hearing and shall, following the hearing, determine the final architectural and site design of the proposal and shall also find that the project is compatible with the surrounding neighborhood. The planning commission in its discretion, may approve, modify or deny the project.

C. No building shall be located closer than twenty-five feet from the top of the bank of a perennial or intermittent stream, as shown in Section 17.04.230 of this title. All proposed structures shall be constructed above the one-hundred-year floodplain.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.102 § 1, 1996)

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Title 17 - ZONING
Chapter 17.12 R-M-6 AND R-M-8 MULTIPLE RESIDENTIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:07 [EST] (Supp. No. 33)

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Chapter 17.12 R-M-6 AND R-M-8 MULTIPLE RESIDENTIAL ZONING DISTRICT

REGULATIONS

17.12.010 Description and purpose.

The R-M-6 and R-M-8 zoning classifications are designed to provide areas for single-family subdivisions and townhouse and condominium development at lower density ranges than the R-H district. The R-M-6 and R-M-8 districts multiple-residential districts are intended to achieve the following purposes:

A. To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; B. To preserve as many of the desirable characteristics of one-family residential districts as possible while permitting higher densities;
C. To ensure adequate light, air, privacy and open space for each dwelling unit; D. To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;
E. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; F. To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;
G. To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks;
H. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences; I. To protect residential properties from fire, explosion, noxious fumes and other hazards. (Ord. 16.76 § 1 (part), 1989)

17.12.020 Permitted uses.

Permitted uses are as follows:

A. Small family child care homes;
B. Mobile homes and manufactured housing;
C. Multifamily dwellings conforming to the density requirements of this chapter.

D. Single-family dwellings;
E. Accessory structures and uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to home occupations (subject to the provisions of Section

17.50.040 of this title), private garages and parking areas and the keeping of not to exceed four cats and four dogs or a combination thereof not to exceed a total of four; F. Small community care facilities.

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G. Transitional housing and supportive housing.

H. Accessory dwelling units and junior accessory dwelling units pursuant to Cchapter 17.57 and 17.58 of this Ttitle.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 21—23, 9-5-2007; Ord. No. 16.132, § 3, 5-1-2013; Ord. No. 16-138, § 16, 7-15-2015)

17.12.030 Conditional uses.

The following conditional uses shall be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Bed and breakfast establishments;
B. Country clubs and golf courses;
C. Day care centers;
D. Foster homes;
E. Occupancy of existing dwelling while constructing a replacement dwelling on the same lot; F. Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, parks and playgrounds, schools, and public utility buildings and uses; G. Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015;
H. Tract offices and temporary construction trailers.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 24, 25, 9-5-2007)

17.12.035 Large community care facilities.

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17.12.040 Development standards.

The following development standards shall apply to all land and buildings in the R-M-6 and R-M-8 zoning districts.

A. Lot Area and Density Requirements. All lots hereafter created shall comply with the following minimum standards:

Zone Minimum
Lot Area
Maximum
Lot
Density
Minimum
Lot Width
Minimum
Lot Depth
R-M-6 6,000sq. ft. 5,000 sq.
ft./dwelling unit*
50 feet 100 feet
R-M-8 8,000 sq. ft. 8,000 sq.
ft./dwelling unit
60 feet 100 feet
*If, after dividing the area of the lot by the area required per dwelling unit or structure containing a dwelling unit, a remainder of more than seventy percent of the area required for an additional unit is obtained, one additional dwelling unit may be located on the site.

B. Minimum Lot Frontage. The minimum lot frontage shall be sixty feet.

C. Maximum Site Coverage. The maximum site coverage in the R-M zoning district shall be fifty-five percent.

D. Yards. Yard requirements are as follows:

Zone Front Yard Side Yard Rear Yard
R-M-6 20 feet 10% lot width with max of 6 feet .15 feet R-M-8 20 feet 10% lot width with max of 8 feet .15 feet E. Building Height. No structure in the R-M-6 and R-M-8 zoning districts shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title.

F. Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989)

17.12.050 Other required conditions.

A. Architectural and site plan review by the design review board shall be required for all structures (excluding single-family homes dwelling and accessory structures on a lot with a single-family dwellinghome), alterations to structures and signage in the R-M zoning district.

B. No building shall be located closer than 25twenty-five feet from the top of the bank of a perennial or intermittent stream, as shown in Section 17.04.230 of this title. All proposed structures shall be constructed above the one-hundred-year floodplain.
(Ord. 16.76 § 1(part), 1989)

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Title 17 - ZONING
Chapter 17.14 R-1 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:08 [EST] (Supp. No. 33)

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Title 17 - ZONING
Chapter 17.14 R-1 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:08 [EST] (Supp. No. 33)

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Chapter 17.14 R-1 SINGLE-FAMILY RESIDENTIAL ZONING DISTRICT REGULATIONS

17.14.010 Description and purpose.

The R-1 zoning classification is designed to provide areas for single-family residential development where lot sizes and densities are designed to accommodate large areas of open space for recreational activities compatible with a residential environment. The R-1 single-family residential district is intended to achieve the following purposes:

A. To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety; B. To ensure adequate light, air, privacy and open space for each dwelling unit; C. To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;
D. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them; E. To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;
F. To provide necessary space for off-street parking of automobiles; G. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences; H. To protect residential properties from fire, explosion, noxious fumes and other hazards.

This zoning classification is divided into the classes of R-1-10, R-1-20 and R-1-40, which are intended to apply to all lands designated in the General Plan as "medium residential," "low-density residential," and "estate residential," respectively.
(Ord. 16.76 § 1(part), 1989)

17.14.020 Permitted uses.

Permitted uses are as follows:

A. Foster homes where the total number of children, including those of the proprietary family, is six or fewer;
B. Mobile homes and manufactured housing;
C. Single-family dwellings;
D. Secondary dwelling units conforming to the requirements of Chapter 17.41 of this title and the Uniform Building Code;
E. Accessory structures in conformance with Section 17.46.070 of this title and uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to home occupations (subject to the provisions of Section 17.50.040 of this title), the keeping of four cats, four dogs or a combination thereof not to exceed a total of four and private garages and parking areas.

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FE. Small family child care homes;
FG. Small community care facilities.

GH. Transitional housing and supportive housing.

H. Accessory dwelling units and junior accessory dwelling units pursuant to chapter 17.57 and 17.58 of this title.
(Ord. 16.76 § 1(part), 1989; Ord. 16.115, § 3, 6-4-2003; Ord. 16.123, §§ 27, 28, 9-5-2007; Ord. No. 16.132, § 4, 5-1- 2013; Ord. No. 16-138, § 17, 7-15-2015)

17.14.030 Conditional uses.

The following conditional uses shall be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Country clubs and golf courses;
B. Day care centers;
C. Foster homes where the total number of children, including those of the proprietary family, exceeds six;
D. Occupancy of existing dwelling while constructing a replacement dwelling on the same lot; E. Private stables, in accordance with Section 17.46.040 of this title; F. Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, parks and playgrounds, schools, and public utility buildings and uses; G. Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015;
H. Townhouses and condominiums conforming to the density requirements of this chapter; I. Tract offices and temporary construction trailers.
(Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 2, 6-4-2003; Ord. 16.123, §§ 29, 30, 9-5-2007)

17.14.035 Large community care facilities.

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(Ord. 16.123, § 31, 9-5-2007)

17.14.040 Development standards.

The following development standards shall apply to all land and buildings in the R-1 zoning district:

A. Lot Area and Density Requirements. All lots hereafter created shall comply with the following minimum standards:

Zone Minimum Lot Area Maximum
Lot
Density
Minimum Lot Width Minimum Lot Depth
R-1-10 10,000 sq. ft. 10,000 sq.
ft./dwelling unit
60 feet 100 feet
R-1-20 20,000 sq. ft. 20,000 sq.
ft./dwelling unit
90 feet 125 feet
R-1-40 40,000 sq. ft. 40,000 sq.
ft./dwelling unit
100 feet 150 feet
B. Minimum Lot Frontage. The minimum lot frontage shall be sixty (60) feet.

C. Maximum Site Coverage. The maximum site coverage in the R-1 zoning district shall be fifty percent (50%).

D. Yards. Yard requirements are as follows:

Zone Front Yard Side Yard Rear Yard
R-1-10 20 feet 10% of lot width with a
maximum of 10 feet
15 feet
R-1-20 30 feet 10% of lot width with a
maximum of 10 feet
15 feet
R-1-40 30 feet 10% of lot width with a
maximum of 10 feet
20 feet
E. Building Height. No single-family dwelling in the R-1 zoning district shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title. Detached accessory structures, secondary dwelling units, and guesthouses may have building heights up to 35 feet when all required yard setbacks conform with the same yard setbacks required for the main dwelling.

F. Room Additions. For an addition that increases the footprint of the primary dwelling, Roof Forms and Pitches. Tthe roof forms, and roof pitches, exterior building materials, and exterior colors of the secondary dwelling units, guesthouses, room additions, and site-built detached accessory structures shall be architecturally compatible with those of the main primary dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

G. Accessory Structures. See Section 17.46.130 (Accessory Structures).

G. Exterior Building Materials and Colors. The exterior building materials and colors of secondary dwelling units, guesthouses, room additions, and site-built detached accessory structures shall be architecturally compatible with the main dwelling, to the extent practical and feasible as determined by the

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Community Development Director, subject to review and approval by the Community Development Director.

H. Conversion of Use. The partial or complete conversion of an existing one- or two-story detached accessory structure with existing three (3) feet reduced yard setbacks (in conformance with Section

17.46.070J. of the City's Municipal Code) into a secondary dwelling unit or guesthouse is prohibited.

The conversion of an existing, legal, nonconforming detached accessory structure with yard setbacks greater than three (3) but less than the required yard setbacks for the main dwelling, into a secondary dwelling unit or guesthouse, may be allowed with Use Permit approval from the Planning Commission at a public hearing, in accordance with Section 17.50.020 of the City's Municipal Code.

I. Building Height of Detached Accessory Structures. The maximum building height of a detached accessory structure with reduced yard setbacks (in conformance with Sections 17.46.070J. and

17.46.070N. of the City's Municipal Code) shall be 18 feet. (Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 5, 6-4-2003)

17.14.050 Other required conditions.

No building shall be located closer than twenty-five feet from the top of the bank of a perennial or intermittent stream, as shown in Section 17.04.230 of this title. All proposed structures shall be constructed above the one-hundred-year floodplain.
(Ord. 16.76 § 1(part), 1989)

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Title 17 - ZONING
Chapter 17.16 R-R-2.5 RESIDENTIAL-RURAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:08 [EST] (Supp. No. 33)

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Chapter 17.16 R-R-2.5 RESIDENTIAL-RURAL ZONING DISTRICT REGULATIONS

17.16.010 Description and purpose.

The R-R-2.5 district is intended to apply to all lands designated in the General Plan as "rural residential." This zoning classification is designed to provide areas for large-lot residential living and minor agricultural activities and is intended to achieve the following purposes:

A. To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety; B. To ensure adequate light, air, privacy and open space for each dwelling unit; C. To minimize traffic congestion;
D. To provide necessary space for off-street parking of automobiles; E. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences. (Ord. 16.76 § 1(part), 1989)

17.16.020 Permitted uses.

Permitted uses are as follows:

A. Family day care homes;
B. Foster homes where the total number of children, including those of the proprietary family, is six or fewer;
C. Single-family dwellings;
D. Secondary dwelling units conforming to the requirements of Chapter 17.41 of this title and the Uniform Building Code;
DE. Accessory structures in conformance with Section 17.46.070 of this title and uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to crop and tree farming for family use only, family animal raising, guesthouse, home occupations (subject to the provisions of Section 17.50.040 of this title), the keeping of four cats or four dogs or a combination thereof not to exceed a total of four, and private garages and parking areas, and private stables on a minimum lot size of 2.5 acres, in accordance with Section 17.46.040 of this title; EF. Small family child care homes;
FG. Small community care facilities.

GH. Transitional housing and supportive housing.

H. Accessory dwelling units and junior accessory dwelling units pursuant to Cchapter 17.57 and 17.58 of this Ttitle.

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(Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 6, 6-4-2003; Ord. 16.123, §§ 32, 33, 9-5-2007; Ord. No. 16-138, § 18, 7-15-2015)

17.16.030 Conditional uses.

The following conditional uses shall be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Country clubs and golf courses;
B. Day care centers;
C. Foster homes where the total number of children, including those of the proprietary family, exceeds six;
D. Occupancy of existing dwelling while constructing a replacement dwelling on the same lot; E. Private stables with a lot size less than 2.5 acres, in accordance with Section 17.46.040 of this title; F. Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, hospitals, parks and playgrounds, schools, and public utility buildings and uses; G. Temporary tract offices and construction trailers;
H. Wholesale nurseries;
I. Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015.
(Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 7, 6-4-2003; Ord. 16.123, § 34, 9-5-2007)

17.16.035 Large community care facilities.

17.16.040 Development standards.

The following development standards shall apply to all land and buildings in the R-R-2.5 zoning district:

A. Lot Area and Density Requirements. All lots hereafter created shall comply with the following minimum standards:

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Zone Minimum
Lot Area
Maximum
Lot
Density
Minimum
Lot Width
Minimum
Lot Depth
R-R-2.5 2.5 acres 2.5 acres/dwelling
unit
100 feet 150 feet
B. Minimum Lot Frontage. The minimum lot frontage shall be one hundred feet.

C. Maximum Site Coverage. The maximum site coverage in the R-R-2.5 zoning district shall be thirty-five percent.

D. Yards. Yard requirements are as follows:

Zone Front Yard Side Yard Rear Yard
R-R-2.5 40 feet 15 feet 20 feet
E. Building Height. No single-family dwelling in the R-R-2.5 zoning district shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title. Detached accessory structures, secondary dwelling units, and guesthouses may have building heights up to thirty-five feet when all required yard setbacks conform with the same yard setbacks required for the main dwelling.

F. Roof Forms and PitchesAdditions. For an addition that increases the footprint of the primary dwelling, tThe roof forms, roof and pitches, exterior building materials, and exterior colors of secondary dwelling units, guesthouses, room additions , and site-built detached accessory structures shall be architecturally compatible with those of the main primary dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

G. Accessory Structures. See Section 17.46.130 (Accessory Structures) G. Exterior Building Materials and Colors. The exterior building materials and colors of secondary dwelling units, guesthouses, room additions, and site-built detached accessory structures shall be architecturally compatible with the main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

H. Conversion of Use. The partial or complete conversion of an existing one- or two-story detached accessory structure with existing three feet reduced yard setbacks (in conformance with Section

17.46.070J. of the City's Municipal Code) into a secondary dwelling unit or guesthouse is prohibited.

The conversion of an existing, legal, nonconforming detached accessory structure with yard setbacks greater than three but less than the required yard setbacks for the main dwelling, into a secondary dwelling unit or guesthouse, may be allowed with Use Permit approval from the Planning Commission at a public hearing, in accordance with Section 17.50.020 of the City's Municipal Code.

I. Building Height of Detached Accessory Structures. The maximum building height of a detached accessory structure with reduced yard setbacks (in conformance with Sections 17.46.070J. and

17.46.070N. of the City's Municipal Code) shall be eighteen feet. (Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 8, 6-4-2003)

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17.16.050 Other required conditions.

A. No building shall be located closer than twenty-five feet from the top of the bank of a perennial or intermittent stream, as shown in Section 17.04.230 of this title. All proposed structures shall be constructed above the one-hundred-year floodplain.

B. Minimum side and rear yards for buildings and areas that accommodate animals shall be forty feet. (Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.18 R-MT-5 RESIDENTIAL-MOUNTAIN ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:08 [EST] (Supp. No. 33)

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Chapter 17.18 R-MT-5 RESIDENTIAL-MOUNTAIN ZONING DISTRICT

REGULATIONS

17.18.010 Description and purpose.

The R-MT-5 zoning district is intended to apply to all lands designated in the General Plan as "mountain residential." This zoning classification is designed primarily for hillside areas of the city where environmental constraints require development at lower densities. A maximum density of one dwelling unit per five acres is allowed in this district. This zoning classification is intended to achieve the following purposes:

A. To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety; B. To ensure adequate light, air, privacy and open space to each dwelling unit; C. To minimize traffic congestion;
D. To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences. (Ord. 16.76 § 1(part), 1989)

17.18.020 Permitted uses.

Permitted uses are as follows:

A. Crop and tree farming;
B. Small family child care homes;
C. Foster homes where the total number of children, including those of the proprietary family is six or less;
D. Public parks and recreation areas;
E. Single-family dwellings;
F. Secondary dwelling units conforming to the requirements of Chapter 17.41 of this title and the Uniform Building Code;
FG. Accessory structures and uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to crop and tree farming for family use only, family animal raising, guest house, home occupations (subject to the provisions of Section 17.50.040 of this title), the keeping of four cats or four dogs or a combination thereof not to exceed a total of four and private garages and parking areas, and private stables on a minimum lot size of 2.5 acres, in accordance with Section 17.46.040 of this title;
GH. Small community care facility.

HI. Transitional housing and supportive housing.

I. Accessory dwelling units and junior accessory dwelling units pursuant to chapter 17.57 and 17.58 of this title.

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(Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 9, 6-4-2003; Ord. 16.123, §§ 36—38, 9-5-2007; Ord. No. 16-138, § 19, 7-15-2015)

17.18.030 Conditional uses.

The following conditional uses shall be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Country clubs and golf courses;
B. Day care centers;
C. Foster homes where the total number of children, including those of the proprietary family, exceeds six;
D. Mining and mineral extraction, subject to the development standards of this section and the provisions of Section 17.44.110 of this title;
E. Occupancy of existing dwelling while constructing a replacement dwelling on the same lot; F. Private stables on a lot size of less than 2.5 acres, in accordance with Section 17.46.040 of this title; G. Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, hospitals, parks and playgrounds, schools, and public utility buildings and uses; H. Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015.
(Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 10, 6-4-2003; Ord. 16.123, § 39, 9-5-2007)

17.18.040 Development standards.

The following development standards shall apply to all land and buildings in the R-MT-5 zoning district:

A. Lot Area and Density Requirements. All lots hereafter created shall comply with the following minimum standards:

Zone Minimum Lot Area Maximum
Lot
Density
Minimum Lot Width Minimum Lot Depth
R-MT 5 acres 5 acres/dwelling
unit
100 feet 150 feet
B. Minimum Lot Frontage. The minimum lot frontage shall be one hundred feet.

C. Maximum Site Coverage. The maximum site coverage in the R-MT zoning district shall be thirty-five percent.

D. Yards. Yard requirements are as follows:

Zone Front Yard Side Yard Rear Yard
R-MT 40 feet 20 feet 25 feet

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E. Building Height. No single-family dwelling in the R-MT-5 zoning district shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title. Detached accessory structures, secondary dwelling units, and guesthouses may have building heights up to thirty-five feet when all required yard setbacks conform with the same yard setbacks required for the main dwelling.

F. Roof Forms and PitchesAdditions. For an addition that increases the footprint of the primary dwelling, Tthe roof forms, and roof pitches, exterior building materials, and exterior colors of secondary dwelling units, guesthouses, room the additions, and site-built detached accessory structures shall be architecturally compatible with those of the main primary dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

G. Accessory Structures. See Section 17.46.130 (Accessory Structures).

H. Conversion of Use. The partial or complete conversion of an existing one- or two-story detached accessory structure with existing three feet reduced yard setbacks (in conformance with Section

17.46.070J. of the City's Municipal Code) into a secondary dwelling unit or guesthouse is prohibited.

I. Building Height of Detached Accessory Structures. The maximum building height of a detached accessory structure with reduced yard setbacks (in conformance with Sections 17.46.070J. and

17.46.070N. of the City's Municipal Code) shall be 18 feet. (Ord. 16.76 § 1(part), 1989; Ord. 16.77(part), 1989; Ord. 16.115, § 11, 6-4-2003)

17.18.050 Other required conditions.

B. Minimum side and rear yards for buildings and areas that accommodate animals shall be forty feet. (Ord. 16.76 § 1(part), 1989)

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Title 17 - ZONING
Chapter 17.20 C-S SERVICE COMMERCIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:08 [EST] (Supp. No. 33)

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Chapter 17.20 C-S SERVICE COMMERCIAL ZONING DISTRICT REGULATIONS

17.20.010 Description and purpose.

The C-S district is intended to apply to all lands designated in the General Plan as "service commercial." This district is designed to create and maintain areas accommodating city-wide and regional service that may be inappropriate in neighborhood or pedestrian-oriented shopping areas and which generally require automotive access for customer convenience, servicing of vehicles or equipment, loading or unloading, or parking of commercial service vehicles.

The service commercial zone is intended to achieve the following purposes:

A. To provide appropriately located areas for retail stores, offices, service establishments and businesses offering various ranges of commodities and services scaled to meet the needs of different geographical areas and various categories of patrons they serve;
B. To provide opportunities for retail stores, offices, service establishments and businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other; [C. Reserved.]
D. To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading facilities;
E. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; F. To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic and other objectionable influences incidental to industrial uses; G. To protect commercial properties from fire, explosion, noxious fumes and other hazards. (Ord. 16.76 § 1(part), 1989)

17.20.020 Permitted uses.

Permitted uses are as follows:

A. Retail establishments;
B. Banks;
C. Business and personal service establishments;
D. Emergency shelters (≤25 occupants), subject to compliance with Section 17.44.110; E. Medical, professional and general business offices;
F. Radio and television broadcast studios (excluding transmission towers); and G. Accessory structures and uses located on the same site with a permitted use which are customarily incidental to the permitted use, including, but not limited to, incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title;

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H. Multiple-family dwellings located either above the ground-level commercial use or at ground level at the rear of a commercial space on sites designated in the Housing ElementDay care centers.

J. A low barrier navigation center that meets the requirements specified in Government Code Section 65662.

J. Supportive housing that meets the requirements specified in Government Code Section 65651.

K. Accessory dwelling units pursuant to chapter 17.57 of this title. (Ord. 16.76 § 1(part), 1989; Ord. 16.84 § 1, 1992; Ord. 16.87 § 3(part), 1993; Ord. 16.89 § 2, 1993; Ord. 16.123, §§ 40, 41, 9-5-2007; Ord. No. 16-138, § 5, 7-15-2015)

17.20.030 Conditional uses.

The following conditional uses may be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Animal hospitals;
B. Automobile sales, including sale of used cars in conjunction with the sale of new cars; C. Automotive repair and related services (such as auto supply and detail shops) in an enclosed building.

This conditional use category excludes auto body repair and auto painting as well as any other use that is incompatible with surrounding uses or that may be detrimental to the health, safety and welfare of the surrounding neighbors;
D. Automotive service stations;
E. Carwash;
F. Coin-operated laundries;
G. Commercial recreation;
H. Equipment rental yards;
I. Hotels and motels;
J. 1. Multiple-family dwellings located either above the ground-level commercial use or at ground level at the rear of a commercial space. Residential uses must occupy less than 50 percent of the total gross square feet on the property except as otherwise allowed in the Housing Element; KJ. Outdoor Storage;
LK. Public utility service yards;
ML. Recreational vehicle sales, including boat sales;
NM. Restaurants and bars;
ON. Wholesale establishments;
PO. Service shops, including printing, photographic, cabinet repair, electrical repair, heating and ventilating shops, and catering services;
QP. Social halls, lodges, fraternal organizations and clubs; RQ. Churches, synagogues and other places of worship;

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R. Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title;
S. Transitional Housing. No person shall operate a transitional housing facility without obtaining a conditional use permit in accordance with Section 17.50.020 and subject to the requirements of Section 17.44.170 of this title;
T. Emergency shelters (>25 occupants), subject to compliance with Section 17.44.110; U. Firearms retail.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.84 § 2, 1992; Ord. 16.103 § 1, 1996; Ord. 16.123, § 42, 9-5-2007; Ord. No. 16- 133.3, § 3, 7-15-2015; Ord. No. 16-138, §§ 6, 12, 7-15-2015; Ord. No. 16.139, § 3, 12-20-2017)

17.20.035 Prohibited uses.

Outdoor storage uses are prohibited in the C-S zone on Scotts Valley Drive and on all properties located on Scotts Valley Drive, no matter the zone. On all other properties zoned C-S, outdoor storage uses are conditional uses. Permitted outdoor storage uses may remain in place until their individual use permits expire, or in accordance with Chapter 17.48, Nonconforming Uses and Structures, of this Title. Unpermitted outdoor storage uses shall vacate the properties by July 1, 2016. Every person violating any provision of this section shall be guilty of a misdemeanor and subject to Title 4 of the Municipal Code. (Ord. No. 16-133.3, § 4, 7-15-2015)

17.20.040 Development standards.

The following development standards shall apply in the C-S zoning district:

A. Minimum lot area: Ten thousand square feet;
B. Minimum lot width: One hundred feet;
C. Minimum lot depth: One hundred feet;
D. Minimum lot frontage: One hundred feet;
E. Maximum building coverage: Forty-five percent;
F. Minimum setbacks:

1. Front, twenty feet,

2. Rear, zero feet,

3. Side, zero feet,

4. Interior lot: Where the lot is adjacent to any "R" district, the side yard shall be a minimum of ten feet in width,

5. Corner lot: The exterior side yard of a corner lot shall be a minimum of fifteen feet,

6. Rear yard: There are no rear yard requirements except if abutting an R district; then rear yard shall be a minimum of twenty feet;
G. No structure shall exceed thirty-five feet in height in the C-S districts. However, if the first floor of the structure is used for parking and is at a natural grade, the thirty-five-foot height limit may be exceeded upon the granting of a use permit by the planning commission, subject to the provisions of Section

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17.50.020 of this title. In addition to the findings required in Section 17.50.020, the planning commission also must be able to make the following findings:

1. On a parcel which slopes down from an arterial or collector street, the garage is below the level of the adjacent street(s) or on parcels sloping up from a major street, the garage is below natural grade,

2. The garage will be buffered from view by earthen mounds three feet in height and landscaping, including shrubs, will be installed. The landscaping plan has been prepared showing the buffer and landscaping;
H. Where a site adjoins any residential zoning district, a solid wall or a fence, vine-covered fence or compact evergreen hedge six feet in height shall be located on the property line except in a required front yard and permanently maintained. In addition, a minimum of five feet adjoining the property line shall be landscaped with plant material and permanently maintained when such landscaping is necessary to insure privacy or to screen views, as determined by the design review board; I. Not less than ten percent of the total site area shall be landscaped and permanently maintained; J. Not less than ten feet of a required yard adjoining a street shall be landscaped and permanently maintained;
K. Trash disposal: Each parcel shall provide adequate and accessible trash disposal areas. Such disposal areas shall be screened from public view by masonry or solid wood fencing of at least six feet in height; L. All business, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, gasoline service stations, garden shops, Christmas tree sales, open-air markets, outdoor theatrical activities and the sale of nursery products; M. Hours of Operation. All commercial activity located on the same site as multiple-family dwellings shall be limited to the hours of operation between seven a.m. and nine p.m., Monday through Friday, and between nine a.m. and six p.m. on Saturdays and Sundays; N. Outdoor seating at restaurants will be allowed by permit issued by the planning department under the following conditions:

1. A site plan shall be submitted to the planning department for review and approval;

2. The plan shall be reviewed and approved by the building department, fire district and police department to insure compliance with federal, state and local laws;

3. All seating shall be confined to a specific area; and

4. Failure to maintain the seating within the identified area or interference with the free flow of pedestrians shall be sufficient grounds for revocation of the outdoor seating permit.

O. Outdoor Storage:

1. Location. Outdoor storage uses are prohibited next to housing;

2. Development standards. To ensure adequate screening of new outdoor storage uses, design review approval by the planning commission shall be required and processed with the required use permit application. Screening of outdoor storage shall meet the following standards:
a. Permanent screening from any adjacent public and private rights-of-way and/or adjacent property;
b. Solid or semi-solid fence of brick, stone, tile, masonry units, or wood at least eight feet tall.

Chain-link fence may not be acceptable;

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c. Stored materials not to project above the wall or fence, unless approved; d. Public works department review for adequacy of access; e. Gates securely locked when not in use; and,
f. Any other requirements deemed appropriate by the community development director.

3. Maintenance: All required screening shall be regularly well-maintained in a good and upright condition and shall be repaired or replaced to the original required state if damaged, destroyed, or in need of repair. Screening shall remain in place for as long as the use is allowed on the property.

P. Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16.82 § 9, 1991; Ord. 16.88 § 1, 1994; Ord. No. 16-133.3, § 5, 7-15-2015)

17.20.045 Development standards for mixed use projects.

A. Density range is fifteen to twenty residential units per acre.

B. Parking for both the non-residential and the residential units shall be as specified in the zoning ordinance.

The planning commission may reduce parking standards in cases where shared parking is feasible and viable.

C. Each dwelling shall have private, usable outdoor space, i.e. decks, balconies, yards or patios of one hundred square feet per residential unit. The planning commission may determine that the required private outdoor space is not appropriate in a particular building design and allow the required outdoor space to be common open space for all residential units.

D. Truck docks shall not be located within fifty feet of any residential.

E. Minimum setbacks for residential:

1. Front from the street: Ten feet; and front from a garage: Twenty feet.

2. Rear: Fifteen feet.

3. Side: Ten feet.

4. Corner from the street, ten feet and corner from a garage, twenty feet. (Ord. 16.123, § 43, 9-5-2007)

17.20.050 Other required conditions.

A. Architectural and site plan review by the design review board shall be required for all structures, alterations to structures and signage in the C-S zoning district.

B. All uses shall be subject to the performance standards specified in the applicable provisions of Section

17.44.020 of this title.

C. All roofs shall be architecturally designed to provide an appearance which is compatible with the exterior walls of the building. The design review board shall review and approve the roofscape.

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D. No building shall be located closer than twenty-five feet from the top of the bank of a perennial or intermittent stream, as shown in Section 17.04.230 of this title. All proposed structures shall be constructed above the one-hundred-year floodplain.
(Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.22 C-SC SHOPPING CENTER COMMERCIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:08 [EST] (Supp. No. 33)

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Chapter 17.22 C-SC SHOPPING CENTER COMMERCIAL ZONING DISTRICT

REGULATIONS

17.22.010 Description and purpose.

The C-SC zoning district is intended to apply to all lands designated in the General Plan as "shopping center commercial." This classification is primarily intended to accommodate retail and service establishments for the development of community shopping centers.

The shopping center commercial district is also intended to achieve the following purposes:

A. To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments and businesses offering various ranges of commodities and services scaled to meet the needs of different geographical areas and various categories of patrons they serve; B. To provide opportunities for retail stores, offices, service establishments, amusement establishments and businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other;
C. To provide space for community facilities and institutions which appropriately may be located in commercial areas;
D. To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading facilities;
E. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; F. To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic and other objectionable influences incidental to industrial uses; G. To protect commercial properties from fire, explosion, noxious fumes and other hazards. (Ord. 16.76 § 1 (part), 1989)

17.22.020 Permitted uses.

Permitted uses are as follows:

A. Professional offices;
B. Retail and personal service establishments;
C. Emergency shelters (≤25 occupants), subject to compliance with Section 17.44.110; and D. Accessory structures and uses located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title.

E. A low barrier navigation center that meets the requirements specified in Government Code Section 65662.

F. Supportive housing that meets the requirements specified in Government Code Section 65651.

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G. Accessory dwelling units and junior accessory dwelling units pursuant to chapter 17.57 and 17.58 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993; Ord. 16.89 § 3, 1993; Ord. No. 16-138, § 7, 7-15-2015)

17.22.030 Conditional uses.

The following conditional uses may be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Automobile sales, including the sale of used cars in conjunction with the sale of new cars; B. Churches, synagogues and other places of worship;
C. Commercial recreation;
D. Institutional uses;
E. Day care center;
F. Radio and/or television broadcasting studios;
G. Theatres;
H. Restaurants;
I. Permitted uses in the C-S district, provided they are compatible with surrounding land uses; J. Multiple-family dwellings located either above the ground-level commercial use or at ground level at the rear of a commercial space. Residential uses must occupy less than 50 percent of the total gross square feet on the property except as otherwise allowed in the Housing Element; KJ. Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title;
KK. Emergency shelters (>25 occupants), subject to compliance with Section 17.44.110; LL. Firearms retail.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 44, 45, 9-5-2007; Ord. No. 16-138, § 8, 7-15-2015; Ord. No. 16.139, § 4, 12-20-2017)

17.22.040 Development standards.

The following development standards shall apply in the C-SC zoning district:

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1. Front: Twenty feet.

2. Rear: Zero feet.

3. Side: Zero feet.

4. Interior lot: Where the lot is adjacent to any residential district, the side yard shall be a minimum of ten feet in width.

5. Corner lot: The exterior side of a corner lot shall be a minimum of fifteen feet.

6. Rear yard: There are no rear yard requirements exempt if abutting a residential district, then rear yard shall be a minimum of twenty feet;
G. Maximum height: Thirty-five feet;
H. [Reserved];
I. Not less than ten feet of a required yard adjoining a street shall be landscaped and permanently maintained;
J. All business, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, gasoline service stations, garden shops, Christmas tree sales, open-air markets, outdoor theatrical activities and the sale of nursery products; K. A minimum of ten percent of the total site area shall be landscaped and permanently maintained; and L. Outdoor seating at restaurants will be allowed by permit issued by the planning department under the following conditions:

1. A site plan shall be submitted to the planning department for review and approval;

2. The plans shall be reviewed and approved by the building department, fire district and police department to insure compliance with federal, state and local laws;

3. All seating shall be confined to a specific area; and

4. Failure to maintain the seating within the identified area or interference with the free flow of pedestrians shall be sufficient grounds for revocation of the outdoor seating permit. (Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16.88 § 2, 1994; Ord. 16.123, §§ 46, 47, 9-5-2007)

17.22.050 Other required conditions.

A. Architectural and site plan review by the design review board shall be required for all structures, alterations to structures and signage in the C-SC zoning district.

B. All uses shall be subject to the performance standards specified in the applicable provisions of Section

17.44.020 of this title.

C. Trash disposal: Each parcel shall provide adequate and accessible trash disposal areas. These areas shall be screened from public view by masonry or solid wood fencing six feet in height (refer to Figure 17.44.020).

D. No building shall be located closer than twenty- five feet from the top of the bank of a perennial or intermittent stream, as shown in Section 17.04.230 of this title. All proposed structures shall be constructed above the one-hundred-year floodplain.

E. All roofs shall be architecturally designed to provide an appearance which is compatible with the exterior walls of the building. The design review board shall review and approve the roofscape. (Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.24 C-P PROFESSIONAL COMMERCIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:09 [EST] (Supp. No. 33)

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Title 17 - ZONING
Chapter 17.24 C-P PROFESSIONAL COMMERCIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:09 [EST] (Supp. No. 33)

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Chapter 17.24 C-P PROFESSIONAL COMMERCIAL ZONING DISTRICT

REGULATIONS

17.24.010 Description and purpose.

The C-P zoning district is intended to apply to all lands designated in the General Plan as "professionalcommercial." This land use classification is designed to accommodate administrative, business and professional offices of a nonretail nature. The professional commercial zone district is intended to achieve the following purposes:

A. To provide appropriately located areas for offices, service establishments, amusement establishments and businesses offering various ranges of services scaled to meet the needs of different geographical areas and various categories of patrons they serve;
B. To provide opportunities for offices, service establishments, amusement establishments and businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other;
C. To provide space for community facilities and institutions which appropriately may be located in commercial areas;
D. To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading facilities;
E. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; F. To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic and other objectionable influences incidental to industrial uses; G. To protect commercial properties from fire, explosion, noxious fumes and other hazards. (Ord. 16.76 § 1 (part), 1989)

17.24.020 Permitted uses.

Permitted uses are as follows:

A. Medical, dental and therapeutic clinics;
B. Business and personal service establishments;
C. Professional, executive, administrative and financial offices; D. Accessory uses and structures located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993)

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17.24.030 Conditional uses.

The following conditional uses may be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Community facilities and institutions;
B. Private noncommercial clubs;
C. Schools and studios;
D. Libraries;
E. Churches, synagogues and other places of worship;
F. Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989)

17.24.040 Development standards.

The following development standards shall apply in the C-P zoning district:

A. Minimum lot area, ten thousand square feet;
B. Minimum lot width, one hundred feet;
C. Minimum lot depth, one hundred feet;
D. Minimum lot frontage, one hundred feet;
E. Maximum building coverage, thirty-five percent;
F. Minimum setbacks:

1. Front, twenty feet,

2. Rear, zero feet,

3. Side, zero feet,

4. Interior lot: Where the lot is adjacent to any "R" district, the side yard shall be a minimum of ten feet in width,

5. Corner lot: The exterior side yard of a corner lot shall be a minimum of fifteen feet,

6. Rear yard: There are no rear yard requirements except if abutting an "R" district, then rear yard shall be a minimum of twenty feet;
G. Maximum height: Thirty-five feet;
H. Where a site adjoins any residential zoning district, a solid wall or fence, vine-covered fence or compact evergreen hedge six feet in height shall be located on the property line except in a required front yard and permanently maintained. In addition, a minimum of five feet adjoining the property line shall be landscaped with plant material and permanently maintained when such landscaping is necessary to insure privacy or to screen views, as determined by the design review board; I. Not less than ten feet of a required yard adjoining a street shall be landscaped and permanently maintained.

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J. A minimum of ten percent of the total site area shall be landscaped and permanently maintained.

K. Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989)

17.24.050 Other required conditions.

A. Architectural and site plan review by the design review board shall be required for all structures, alterations to structures and signage in the C-P zoning district.

B. All uses shall be subject to the performance standards specified in the applicable provisions of Section

17.44.020 of this title.

C. Trash disposal: Each parcel shall provide adequate and accessible trash disposal areas. Said disposal areas shall be screened from public view by masonry or solid wood fencing six feet in height.

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Title 17 - ZONING
Chapter 17.26 I-L LIGHT INDUSTRIAL ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:09 [EST] (Supp. No. 33)

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Chapter 17.26 I-L LIGHT INDUSTRIAL ZONING DISTRICT REGULATIONS

17.26.010 Description and purpose.

The I-L district is intended to apply to all lands designated in the General Plan as "light industrial." This land use classification is designed to accommodate industrial and industrially related land uses and provide a location for businesses that are inappropriate in commercial or residential zones because of their operations or sizes and because they may create noise, odor, dust or glare and create impacts to traffic, the aquifer or air quality. Uses in this classification shall not encroach upon the character of adjoining land uses and will not expose adjoining uses to hazardous conditions.

The light industrial district is intended to achieve the following purposes:

A. To reserve appropriately located areas for industrial plants and related activities; B. To protect areas appropriate for industrial uses from intrusion by dwellings and other inharmonious uses;
C. To protect residential and commercial properties and nuisance-free nonhazardous industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare and other objectional influences such as fire, explosion, noxious fumes, radiation and other hazards incidental to certain industrial uses; D. To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationships to each other;
E. To provide sufficient open space to meet the needs of modern industrial building development, including off-street parking and truck loading areas and landscaping; F. To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impacts of industrial plants on nearby residential districts; G. To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them; H. To regulate the number and concentration of industrial uses that use significant amounts of hazardous materials;
I. To construct and preserve an attractive industrial zoning district with generous amounts of landscaping and careful consideration towards architecture and appearance from the freeway. (Ord. 16.76 § 1 (part), 1989; Ord. 16.98 § 2, 1996)

17.26.020 Permitted uses.

The key element to permitted uses is that neither toxic materials are used in manufacturing a product, nor does any process involve a change of phase/state of any material in significant quantities (per Uniform Building Code Chapter 9). Permitted uses are as follows:

A. Building construction and supply facilities;
B. Manufacturing, assembling, processing and packaging of components and finished materials where significant amounts of hazardous materials (defined in Chapter 13.12 of this code) are not being used; C. Printing, publishing and allied industrial uses, tool and die shops;

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D. Warehousing of nontoxic materials and distribution depot facilities; E. Machine shops when toxic cleaners are not used;
F. Research, development and/or testing of mechanical, electrical and/or chemical equipment which do not involve the use or production of a hazardous material and when parking requirements of the zoning ordinance are met;
G. Automobile repairs;
H. Communication services, including radio broadcasting stations, television stations and telephone service companies;
I. Accessory uses and structures located on the same site with a permitted use, including but not limited to incidental storage facilities, offices, gift shops, food service for employees and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter

17.56 of this title;
J. Any recreational vehicle use in existence in an I-L district on January 1, 1998, may remain as a permitted use in the I-L district until such use terminates, provided that the use shall be limited to the location where it existed on that date and that the use may not be expanded or enlarged, either as to land devoted to that use or exceed 110 spaces (the number of spaces available for that use in January 1998), and further provided, that the use operates in a manner consistent with any federal or state laws regulating permanent residential uses in travel trailers or recreational vehicles, and, further, that the park provide adequate emergency access, as approved by the city, to be installed and in place no later than October 15, 1999. Except as provided herein, no trailer use may exist in an I-L district. (Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993; Ord. 16.98 § 3, 1996; Ord. 16.110 § 1, 1999; Ord. 16.123, § 48, 9-5-2007)

17.26.030 Conditional uses.

Some industrial businesses use toxic materials and processes which involve a change of phase/state of materials used during processing. Any impact caused by a use requiring a conditional use permit may be examined as well as methods of handling hazardous materials and protection of the aquifer and air quality. The following conditional uses may be permitted upon the granting of a use permit in accordance with the provisions of Section

17.50.020 of this title:

A. All uses in the C-S (service commercial) district;
B. Public and quasi-public uses of an educational or recreational nature; C. Public utility buildings and service yards;
D. Warehousing of toxic materials;
E. Manufacturing, assembling, processing and packaging of components and finished materials where significant amounts of hazardous materials are used e.g., production of printed wiring boards, semiconductor processes and wave or reflow soldering, not including such operations as saw and planing mills or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials;
F. Ministorage buildings;
G. Offices in conjunction with a permitted or conditional use when parking requirements are not satisfied;

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H. Laboratories for research and testing of mechanical, electrical, electronic and/or chemical products which involve the use or production of a hazardous material (defined in Chapter 13.12 of the Scotts Valley Municipal Code);
I. Manufacture of food products and pharmaceuticals that do not include production of fish or meat products, vinegar, chemicals or the rendering or refining of fats and oils; J. Propane storage facilities and related propane sales which are located to another site that meet the requirements of the Scotts Valley Fire District with a total maximum water storage capacity of seventy thousand gallons for all propane storage facilities in the city limits; provided, however, that only companies in existence and operating within the city limits of the City of Scotts Valley on January 1, 1999, may be located in the I-L district with a conditional use permit, it being the intent of this provision that no new propane storage company shall be allowed in the city limits, and if preexisting companies voluntarily leave, no new companies will be allowed to replace them; K. Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title;
L. Automobile body shop.

M. Outdoor storage, in accordance with this title.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16.98 § 4, 1996; Ord. 16.103 § 2, 1996; Amended during 6/97 supplement; Amended during 7/97 supplement; Ord. No. 16.111 § 1, 1999; Ord. 16.123, § 49, 9-5-2007; Ord.

No. 16-133.3, § 6, 7-15-2015)

17.26.035 Transitional housing.

No person shall operate a transitional housing facility without obtaining a conditional use permit in accordance with Section 17.50.020 and subject to requirements of Section 17.44.170 of this title. The following applies to the C-S (Service Commercial) Zoning District. (Ord. 16.123, § 50, 9-5-2007; Ord. No. 16-138, § 11, 7-15-2015)

17.26.040 Development standards.

The following development standards shall apply in the I-L zoning district:

A. Minimum lot area, forty thousand square feet;
B. Minimum lot width, one hundred feet;
C. Minimum lot depth, one hundred feet;
D. Minimum lot frontage, one hundred feet;
E. Maximum building coverage, fifty percent;
F. Minimum setbacks:

1. Front, fifteen feet,

2. Rear, zero feet,

3. Side, zero feet;

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G. Special yard requirements: Minimum setback for all yards abutting residential and open-space districts is fifty feet. One foot shall be added to each setback requirement for each three feet of building height above sixteen feet;
H. Maximum height, thirty-five feet;
I. Where a site adjoins any residential zoning district, a solid wall or fence, vine-covered fence or compact evergreen hedge six feet in height shall be located on the property line except in a required front yard and permanently maintained. In addition, a minimum of five feet adjoining the residential property line shall be landscaped with plant material and permanently maintained when such landscaping is necessary to insure privacy or to screen views, as determined by a landscape architect; J. Not less than ten feet of a required yard adjoining a street shall be landscaped and permanently maintained;
K. A minimum of ten percent of the total site area shall be landscaped and permanently maintained; L. Off-street parking and loading facilities shall be provided as prescribed in Section 17.44.030 of this title.

A maximum of two loading spaces shall be permitted on the street side of any building within sixty-five feet of the street right-of-way. There are no restrictions on the number of loading spaces located more than sixty-five feet from the street right-of-way. Loading areas shall be designed so as not to interfere with required parking, access and circulation;
M. Trash disposal: Each parcel shall provide adequate and accessible trash disposal areas in compliance with Section 17.44.020;
N. Outdoor Storage:

1. Location. Outdoor storage uses are prohibited next to housing;

Chain-link fence may not be acceptable;
c. Stored materials not to project above the wall or fence, unless approved; d. Public works department review for adequacy of access; e. Gates securely locked when not in use; and,
f. Any other requirements deemed appropriate by the community development director.

O. Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.98 § 5, 1996: Ord. 16.77 (part), 1989; Ord. 16.76 § 1 (part), 1989; Ord. No. 16-133.3, § 7, 7-15-2015)

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17.26.050 Other required conditions.

A. Architectural and site plan review by the design review board shall be required for all structures, alterations to structures and signage in the I-L zoning district.

B. All uses shall be subject to the performance standards specified in the applicable provisions of Section

17.44.020 of this title.

D. All roofs shall be architecturally designed to provide an appearance which is compatible with the exterior walls of the building. The design review board shall review and approve the roofscape. (Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.30 P PUBLIC/QUASI-PUBLIC ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:09 [EST] (Supp. No. 33)

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Chapter 17.30 P PUBLIC/QUASI-PUBLIC ZONING DISTRICT REGULATIONS

17.30.010 Description and purpose.

The P district is intended to apply to all lands designated in the General Plan as "public/quasi-public." The district is designed to accommodate governmental, public utility, educational, community service, religious or recreational facilities. Such uses are somewhat unique in that their proximity to sensitive land uses is not generally detrimental to the quality of life and in many cases is desirable and convenient. The district is intended to provide space for community facilities needed to complement urban residential areas and for institutions which may complement a residential environment.
(Ord. 16.76 § 1 (part), 1989)

17.30.020 Permitted uses.

Permitted uses are as follows:

A. All facilities and structures owned by any federal, state, county or city government or agency thereof or by any school district or community college district, special district, including but not limited to a water district or a fire district or any agency thereof, which is used for administrative, office, educational or recreational purposes or for the provision of services to the public; B. Emergency services, including but not limited to police and fire stations, Red Cross and immediate medical services;
C. Emergency shelters (≤25 occupants), subject to compliance with Section 17.44.110; D. Single-family dwellings; and
E. Accessory uses and structures located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title.

F Accessory dwelling units and junior accessory dwelling units pursuant to Cchapter 17.57 and 17.58 of this Ttitle.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993; Ord. 16.89 § 4, 1993; Ord. No. 16-138, § 9, 7-15-2015)

17.30.030 Conditional uses.

The following conditional uses may be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Art, dance, gymnastic, exercise or music studios or classes; B. Business or trade schools;
C. Churches, synagogues and similar houses of worship;
D. Community centers;

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E. Day care centers;
F. Facilities of all public utilities and corporations or other organizations whose activities are under the jurisdiction of the Federal Communications Commission, the Interstate Commerce Commission or the California Public Utilities Commission;
G. Outdoor recreational facilities, including parks, playgrounds, golf courses, public swimming pools and tennis courts;
H. Residential care facilities;
I. Cultural facilities, including but not limited to theaters, museums and centers for the arts; J. Hospitals;
K. Private schools, colleges and universities and their related facilities, including faculty and student housing;
L. Other uses the planning commission determines to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title; M. Emergency shelters (>25 occupants), subject to compliance with Section 17.44.110. (Ord. 16.76 § 1 (part), 1989; Ord. No. 16-138, § 10, 7-15-2015)

17.30.040 Development standards.

The following development standards shall apply in the P zoning district:

A. Minimum lot area, ten thousand square feet;
B. Minimum lot width, sixty feet;
C. Minimum lot depth, one hundred feet;
D. Minimum lot frontage, one hundred feet;
E. Maximum building coverage, thirty percent;
F. Minimum setbacks:

1. Front, twenty feet,

2. Rear, ten feet,

3. Side, ten feet;
G. Special yard requirements: Minimum setback for all yards abutting residential and/or open-space districts is fifty feet;
H. Maximum height, thirty-five feet.

I. Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989)

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17.30.050 Other required conditions.

A. Architectural and site plan review by the design review board shall be required for all structures, alterations to structures and signage in the P zoning district.

B. All uses shall conform to the performance standards specified in the applicable provisions of Section

17.44.020 of this title.

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Title 17 - ZONING
Chapter 17.32 OS OPEN-SPACE ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:09 [EST] (Supp. No. 33)

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Chapter 17.32 OS OPEN-SPACE ZONING DISTRICT REGULATIONS

17.32.010 Description and purpose.

The OS district is intended to apply to all lands designated in the General Plan as "open space." This land use classification is designed to preserve and enhance the use of open-space lands as a limited and valuable resource.

It is further intended to permit limited but reasonable use of open-space land while protecting the public health, safety and welfare; to insure the continued availability of land in agricultural production; to preserve the topography of the city that shapes it and gives it identity; and to implement the city's open space element of the General Plan.
(Ord. 16.76 § 1 (part), 1989)

17.32.020 Permitted uses.

Permitted uses are as follows:

A. Fish and wildlife management activities or facilities; B. Flood-control channels and drainage facilities;
C. Public and private recreation areas, parks, playgrounds, wildlife preserves and timber preserves; D. Watershed management activities or facilities, including but not limited to aquifer recharge areas, stream restoration projects and related activities;
E. Accessory uses and structures located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the provisions of Chapter 17.56 of this title.

F . Accessory dwelling units pursuant to Chapter 17.57 of this TTitle.

(Ord. 16.76 § 1 (part), 1989; Ord. 1687 § 3 (part), 1993)

17.32.030 Conditional uses.

The following conditional uses may be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Commercial and private stables and riding academies; B. Crop and tree farming and grazing of horses, cattle, sheep and goats; C. Golf courses, driving ranges and other similar commercial recreational facilities, but not including drivein movie theaters or any facility where the principal primary use is enclosed in a building; D. General outdoor recreational uses, including but not limited to tennis and basketball courts; soccer, softball and baseball fields; campgrounds; picnicking grounds; and recreational trails; E. Kennels, aviaries and other wholesale animal-raising facilities;

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F. One or more single-family dwellings , with accessory structures, at a density not to exceed one dwelling unit per ten acres; if more than two dwellings are involved, the development proposal must be clustered and in conformance with an approved planned unit development; G. The growing and harvesting of Christmas trees;
H. The growing and harvesting of timber and other forest products (not including Christmas trees), in conformance with the development standards of this section and Chapter 17.34 of this title; I. Other uses which the planning commission determines to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title. (Ord. 16.76 § 1 (part), 1989)

17.32.040 Development standards.

A. Architectural and site plan review and approval of the design review board shall be required for all structures, alterations to structures and signage in the OS zoning district.

B. Any proposed timber harvesting shall require a timber management plan prepared or approved as to content by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time. The timber management plan shall be subject to approval as submitted or as amended by the city. Prior to commencement of the use, the parcel owner and his successors in interest shall be bound to carry out the approved timber management plan. Said management plan shall be approved by the city council, after report and recommendation of the planning commission, pursuant to Section 51110.2 of the Public Resources Code of California.

C. Any parcel proposed for timber harvesting shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the city council to meet such stocking standards and forest practice rules by the fifth year following the signing of such agreement. If the parcel is subsequently allowed to have a timber harvesting use, failure to meet such stocking standards and Forest Practice Rules within this time period provides the city council with grounds for revoking any use permit issued.

D. The land area proposed for timber harvesting shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code and shall be comprised of a single parcel or contiguous parcels consisting of at least five acres in area.

E. Parcels with use permits for timber harvesting may not be divided into parcels containing less than one hundred sixty acres unless the owners of resulting parcels submit a joint timber management plan prepared or approved as to content by a registered professional forester and such owners enter into a binding contract with the city, approved by the city council, to manage and harvest timber on the timberland jointly.

Such owners shall be bound by the provisions of such management plan for a minimum period of twenty years. Any such divisions shall require approval by a four-fifths vote of the city council.

F. Any land division pursuant to Subsection E of this section shall not create parcels smaller than forty acres, except pursuant to an approved planned unit development.

G. No building shall be located closer than twenty-five feet from the top of the bank of a perennial or intermittent stream, as shown in Section 17.04.230 of this title. All proposed structures shall be constructed above the one-hundred-year floodplain.

H. All uses shall be subject to the performance standards specified in applicable provisions of Section 17.44.020 of this title.

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I. Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.34 TP TIMBERLAND PRODUCTION ZONING DISTRICT REGULATIONS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:09 [EST] (Supp. No. 33)

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Chapter 17.34 TP TIMBERLAND PRODUCTION ZONING DISTRICT REGULATIONS

17.34.010 Description and purpose.

The TP district is intended to apply to all lands designated in the General Plan as "timberland preserve." The creation of the timberland production zone (TPZ) is necessary to protect and maintain the timberland of the city through regulation of timberland use. Establishment of this zoning district is consistent with the requirements of the Forest Taxation Reform Act of 1976. It is designed to protect the health, safety and welfare of the people of the city. The TP zoning district is a combining district intended to be attached to an open space (OS) base district when the requirements of this chapter are satisfied.
(Ord. 16.76 § 1 (part), 1989)

17.34.020 Definitions.

A. "Timber" means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately owned land. This term includes Christmas trees but does not include nursery stock.

B. "Timberland" means privately owned land or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen cubic feet per acre.

C. "Timber management plan" means a written plan for development and utilization of timber resources and compatible uses which assures the continued viability of the timberland and which includes reasonable rotation and cutting cycle data.
(Ord. 16.76 § 1 (part), 1989)

17.34.030 Permitted uses.

The following uses are permitted in the TP zoning district:

A. Fish and wildlife habitat;
B. Grazing and other agricultural uses on that portion of the land not under timber production; C. The growing and harvesting of timber and other forest products, including Christmas trees, in conformance with the provisions of this chapter;
D. One single-family dwelling , with accessory structures and utilities, on a separate legal parcel with a minimum area of forty acres;
E. Watershed management.

F. Accessory dwelling units pursuant to Chapter 17.57 of this Title. (Ord. 16.76 § 1 (part), 1989)

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17.34.040 Conditional uses.

The following conditional uses may be permitted in the TP zoning district upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A. Conversion to agricultural uses not exceeding ten percent of the total of the timber area on the parcel; B. Erection, construction, alteration and maintenance of gas, electric, water or communications facilities; C. Outdoor recreational, educational or religious or sectarian activities; D. One or more single-family dwellings , with accessory structures, at a density not to exceed one dwelling unit per ten acres; if more than two dwellings are involved, the development proposal must be clustered and in conformance with an approved planned unit development (PUD) permit. (Ord. 16.76 § 1 (part), 1989)

17.34.050 Required special findings for conditional uses.

The following special findings shall be made in addition to the findings required for all use permits, pursuant to the provisions of Section 17.50.020 of this title:

A. That the proposed conditional use would be consistent with the purposes of the Forest Taxation Reform Act of 1976 and the purposes of this chapter; and B. That the proposed conditional use is supported by a timber management plan submitted as a part of the application for such proposed conditional use, which timber management plan has been approved by the city council and which approved plan and compliance therewith are made a condition of any use permit granted.
(Ord. 16.76 § 1 (part), 1989)

17.34.060 Zoning procedures.

An owner of land may make application to zone his or her land as timberland production. The city council by ordinance, following the recommendation of the planning commission, pursuant to Section 51110.2 of the Public Resources Code and after public hearings, may zone as timberland production all parcels submitted to it by petition pursuant to this chapter.

A. A map shall be submitted with the legal description (or reference to a document recorded in the official records of the Santa Cruz County recorder's office containing the legal description) of the parcel desired to be zoned timberland production.

B. A timber management plan shall have been prepared or approved as to content by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time. The timber management plan shall be approved as submitted or as amended by the city council. Prior to rezoning of the parcel to the TP zone, the parcel owner shall bind himself or herself and his or her successors in interest to carry out the approved timber management plan.

C. The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the State Board of Forestry for the district in which the parcel is located or the owner must sign an agreement with the city, approved by the city council, to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland production (TP), failure to meet

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such stocking standards and Forest Practice Rules within this time period provides the city council with grounds for rezoning the parcel(s).

D. The parcel(s) shall be timberland.

E. The parcel(s) shall be in compliance with the provisions of this chapter.

F. The parcel concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code and shall be comprised of single or contiguous parcels consisting of at least five acres in area.
(Ord. 16.76 § 1 (part), 1989)

17.34.070 Rezoning to an alternative zoning district.

Rezoning of the land from timberland production zone (TP) to another zoning district shall be in conformance with the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements.
(Ord. 16.76 § 1 (part), 1989)

17.34.080 Land divisions of TPZ parcels.

A. Parcels zoned as timberland production under this chapter may not be divided into parcels containing less than one hundred sixty acres unless the owners of resulting parcels submit a joint timber management plan prepared or approved as to content by a registered professional forester and such owners enter into a binding contract with the city, approved by the city council, to manage and harvest timber on the timberland jointly and are bound by the provisions of such management plan for a minimum period of twenty years. Any such divisions shall require approval by a four-fifths vote of the city council.

B. Any land division pursuant to Subsection A of this section shall not create parcels smaller than forty acres, except pursuant to an approved planned unit development that conforms to the density standards and special findings prescribed in Chapter 17.38 of this title. (Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.41 SECONDARY DWELLING UNITS AND GUESTHOUSES
Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:11 [EST] (Supp. No. 33)

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Chapter 17.41 HOUSING ELEMENT OPPORTUNITY SITE COMBINING DISTRICT

17.40.010 Purpose
The purpose of the housing element opportunity site (HE) combining district is to facilitate affordable housing production on opportunity sites identified in the General Plan Housing Element.

17.40.020 Applicability.

The HE combining district applies to the following parcels:

A. Non-vacant sites listed in General Plan Housing Element Table F-10: Scotts Valley 6th Cycle Candidate Sites that were Identified in 5th cycle housing elements.

B. Vacant sites listed in General Plan Housing Element Table F-10: Scotts Valley 6th Cycle Candidate Sites that were Identified in the 4th and 5th cycle housing elements.

C. Residential and Mixed Use Rezone sites as listed in General Plan Housing Element Table F-10 and shown in Figure F-1.

17.40.030 Permitting Process
The following permitting requirements apply to a proposed multiple family residential development project with 20 percent or more of units affordable to lower-income households:

A. The proposed project shall be reviewed by the City through a by-right approval process. As used in this section, by-right approval means that project conformance with objective standards is the sole basis to approve or deny the application. The review authority may not consider project conformance with subjective policies or requirements when acting on the application.

B. The proposed project requires ministerial design review as provided in Section 17.50.045 (Ministerial Design Review).

C. A project that requires a subdivision map must comply with City subdivision requirements and the California Subdivision Map Act (Government Code Sections 66410 – 66499.40).

17.40.040 Density
A. For a project that creates one or more new dwelling units on a development site, the minimum density is 20 dwelling units per acre.

B. The City shall allow at least 16 dwelling units on each development site in the HE combining district, regardless of lot size.

17.40.050 Replacement Units for Non-Vacant Sites
A development project that eliminates existing units affordable to lower income households must replace these units with new affordable units as required in paragraph (3) of subdivision (c) of Government Code Section 65915.

17.40.060 Sunset
This section shall remain in effect only until December 15, 2031, and as of that date is repealed.

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Title 17 - ZONING
Chapter 17.41 SECONDARY DWELLING UNITS AND GUESTHOUSES
Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:11 [EST] (Supp. No. 33)

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Chapter 17.41 SECONDARY DWELLING UNITS AND GUESTHOUSES
[Article I. General Provisions]

17.41.010 Statement of findings.

The city recognizes that some of its existing housing resources could provide a cost-effective solution for current housing needs by allowing secondary dwelling units as defined elsewhere in this title. However, there are environmental and service constraints the city faces, which limit the addition of second dwelling units. In particular, such units may not be appropriate on hillside lots because of environmental constraints. The addition of a second dwelling unit is limited by urban service capacity, public safety standards, traffic conditions, fire hazards, privacy impacts and compatibility with neighboring uses and structures. This chapter addresses these limitations. (Ord. 16.109 § 5 (part), 1999)

17.41.020 Building permit required.

A secondary dwelling unit may be created or occupied only if the unit meets all of the restrictions and standards set out in Section 17.41.030 of this title.
(Ord. 16.109 § 5(part), 1999; Ord. 16.115, § 12, 6-4-2003)

17.41.030 Restrictions and standards.

The plans for secondary dwelling units shall comply with all of the following standards before a building permit may be granted:

A. The lot upon which the secondary dwelling unit will be created shall be located in a residential zoning district (R) and must be a minimum of ten thousand square feet in size, excluding all rights-of-way; B. The building site upon which the secondary dwelling unit will be constructed shall not have an average slope in excess of twenty percent;
C. The size of the secondary dwelling unit shall be no larger than eight hundred square feet of habitable living space (excluding garages, decks and porches);
D. Secondary dwelling units shall comply with applicable building, health and fire codes; E. Secondary dwelling units shall comply with all applicable zoning regulations (including, but not limited to required setbacks and height limits);
F. A minimum of one off-street parking space shall be provided for each bedroom shown on the plans for the secondary dwelling unit in addition to the off-street parking spaces required for the main dwelling.

Such parking space(s) shall be located in close proximity to the secondary dwelling unit so as to provide convenient access for the tenant;
G. Secondary dwelling units shall conform to all requirements of the Uniform Building Code, Fire District Codes, and Santa Cruz County Environmental Health Services Department. Secondary dwelling units may be served by an existing or new septic system when the subject property is located more than 200 feet from an existing sewer main; all other secondary dwelling units shall be served by sanitary sewer.

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H. Secondary dwelling unit shall be served by the same driveway access to the street as the existing main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

I. Secondary dwelling units shall be attached to or detached from the main dwelling. If the secondary dwelling unit is attached to the main dwelling, each shall be served by separate outside entrances. The interior wall(s) of an attached unit which separate it from the main unit shall not be connected by a doorway or opening to the main dwelling;
J. Secondary dwelling units shall be located to the side or at the rear of the main dwelling, if possible, and must be clearly secondary and incidental to the main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

K. No more than one secondary dwelling unit or guesthouse shall be allowed on any lot located in a R-1 Single-family Residential Zoning District, R-R-2.5 Residential-Rural Zoning District, and R-MT-5 Residential-Mountain Zoning District.

L. The roof forms and pitches of secondary dwelling units shall be architecturally compatible with those of the main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

M. The exterior building materials and colors of secondary dwelling units shall be architecturally compatible those of the main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

N. The partial or complete conversion of an existing one- or two-story detached accessory structure with existing three (3) or six (6) feet reduced yard setbacks (in conformance with Sections 17.46.070J. and

17.46.070N. of the City's Municipal Code) into a secondary dwelling unit is prohibited. The conversion of an existing, legal, nonconforming detached accessory structure with yard setbacks greater than three (3) but less than the required yard setbacks for the main dwelling, into a secondary dwelling unit, may be allowed with Use Permit approval from the Planning Commission at a public hearing, in accordance with Section 17.50.020 of the City's Municipal Code.

O. The maximum building height of a detached accessory structure with reduced yard setbacks (in conformance with Sections 17.46.070J. and 17.46.070N. of the City's Municipal Code) shall be 18 feet.

P. Vehicles of any kind, with or without wheels, and trailers are prohibited as secondary dwelling units.

Q. Secondary dwelling units shall conform to all requirements of the Uniform Building Code, Fire District Codes, and Santa Cruz County Environmental Health Services Department. Secondary dwelling units may be served by an existing or new well when the subject property is located more than 200 feet from an existing water main; all other secondary dwelling units shall be served by municipal water. (Ord. 16.109 § 5(part), 1999; Ord. 16-113 § 7, 2002; Ord. 16.115, § 13, 6-4-2003; Ord. No. 16.120, § 2, 9-21-2005)

17.41.040 Inspection.

A. During review of the submittal of a building permit application for a secondary dwelling unit, an inspection of the property shall be conducted to determine that the proposed secondary unit will comply with all applicable building, health, fire and zoning codes. Such inspection(s) shall be performed by the city or by an independent contractor retained by the city for such purpose and the cost thereof shall be paid by the applicant.

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B. The inspections to be conducted pursuant to this section shall not constitute an assumption by the city, or by anyone acting in its behalf, of any liability with respect to the physical condition of the property. (Ord. 16.109 § 5(part), 1999; Ord. 16.115, § 14, 6-4-2003)

17.41.050 Reserved.

Editor's note(s)—Ord. No. 16.115, § 18, adopted June 4, 2003, repealed § 17.41.050 in its entirety. Formerly, said section pertained to findings required for issuance of use permit as enacted by Ord. 16.109 § 5 (part), 1999.

17.41.060 Reserved.

Editor's note(s)—Ord. No. 16.115, § 19, adopted June 4, 2003, repealed § 17.41.060 in its entirety. Formerly, said section pertained to conditional use permit for second dwelling unit as enacted by Ord. 16.109 § 5 (part), 1999.

17.41.070 Legalization of existing secondary dwelling units.

A. The owner of any lot containing a secondary dwelling unit shall either discontinue such use or apply for a building permit pursuant to this title. If such application is filed, the normal building permit plancheck deposit fee shall be charged. An application shall be deemed "filed" when the same is submitted to the community development director and accepted by the community development director as being complete and all required fees have been paid.

B. Whenever in this section, the legalization of an existing secondary dwelling unit or the occupancy thereof depends upon the establishment of any event occurring on or before a specified date, the burden of proof justifying the legalization and impact fees charged shall be upon the applicant. (Ord. 16.109 § 5(part), 1999; Ord. 16.115, § 15, 6-4-2003)

17.41.080 Illegal secondary dwelling unit.

The establishment or continuance of a secondary dwelling unit without a building permit or contrary to the provisions of this article is declared to be unlawful and shall constitute a misdemeanor and a public nuisance. (Ord. 16.109 § 5(part), 1999; Ord. 16.115, § 16, 6-4-2003)

17.41.090 State law applicable.

The provisions of this article shall be subordinate to and superseded by the controlling provisions(s) of any applicable state law or laws.
(Ord. 16.109 § 5(part), 1999)
Article II. Guesthouses

17.41.100 Guesthouses.

Guesthouses, whenever permitted in the zoning district, shall be subject to the regulations of this article.

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(Ord. 16.109 § 5 (part), 1999)

17.41.110 Restrictions and standards.

Guesthouses shall comply with all of the following standards:

A. For purposes of this section, the building site upon which a guesthouse is to be constructed shall not have an average slope in excess of twenty percent (20%).

B. The guesthouse shall not exceed six hundred square feet.

C. The guesthouse is subject to all applicable building, health and fire codes.

D. The guesthouse shall comply with all applicable zoning regulations (including, but not limited to, lot coverage, required setbacks and height limits).

E. Guesthouses shall conform to all requirements of the Uniform Building Code, Fire District Codes, and Santa Cruz County Environmental Health Services Department. Guesthouses may be served by an existing or new septic system when the subject property is located more than 200 feet from an existing sewer main; all other guesthouses shall be served by sanitary sewer.

F. The guesthouse shall be served by the same driveway access to the street as the existing main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

G. The guesthouse may be attached to or detached from the main dwelling. If the guesthouse is attached to the main dwelling, each residential unit shall be served by separate outside entrances. The interior wall(s) of an attached unit which separate it from the main unit shall have no connecting doorway or opening to the main dwelling.

H. The guesthouse should be located on the side or at the rear of the main dwelling, if possible, and must be clearly secondary and incidental to the main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

I. No more than one guesthouse or one secondary dwelling unit shall be allowed on any parcel.

J. The guesthouse shall be compatible with the exterior appearance and character of the existing neighborhood, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

K. The guesthouse shall be compatible with the existing main dwelling in terms of architectural style, bulk, height, materials, colors and landscaping. The roof forms and pitches and exterior building materials and colors of guesthouses shall be architecturally compatible with the main dwelling, to the extent practical and feasible as determined by the Community Development Director, subject to review and approval by the Community Development Director.

L. The partial or complete conversion of an existing one- or two-story detached accessory structure with existing three (3) or six (6) feet reduced yard setbacks (in conformance with Sections 17.46.070J. and

17.46.070N. of the City's Municipal Code) into a guesthouse is prohibited. The conversion of an existing, legal, nonconforming detached accessory structure with yard setbacks greater than three (3) but less than the required setbacks for the main dwelling, into a guesthouse, may be allowed with Use Permit approval from the Planning Commission at a public hearing, in accordance with Section

17.50.020 of the City's Municipal Code.

M. The maximum building height of a detached accessory structure with reduced yard setbacks (in conformance with Sections 17.46.070J. and 17.46.070N. of the City's Municipal Code) shall be 18 feet.

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N. Vehicles of any kind, with or without wheels, and trailers are prohibited as guesthouses.

O. Guest houses shall conform to all requirements of the Uniform Building Code, Fire District Codes, and Santa Cruz County Environmental Health Services Department. Guesthouses may be served by an existing or new well when the subject property is located more than 200 feet from an existing water main; all other guest houses shall be served by municipal water. (Ord. 16.109 § 5(part), 1999; Ord. 16.115, § 17, 6-4-2003; Ord. No. 16.120, § 3, 9-21-2005)

17.41.120 Recordation of agreement prohibiting a secondary dwelling unit.

An agreement between the City of Scotts Valley and the owner of the property shall be required and shall be recorded as a covenant running with the land in the office of the county recorder prohibiting the use of the guesthouse as a second dwelling unit.
(Ord. 16.109 § 5(part), 1999)

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Title 17 - ZONING
Chapter 17.43 TIMBERLAND PRESERVE ZONE DISTRICT
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Chapter 17.43 TIMBERLAND PRESERVE ZONE DISTRICT

17.43.010 Intent and purpose.

The creation of the timberland preserve zone (TPZ) district is necessary to protect and maintain the timberland of the city through regulation of timberland use. To establish a zone district consistent with the mandates of the Forest Taxation Reform Act of 1976 and to protect the health, safety and welfare of the people of the city.
(Ord. 99 § 1 (part), 1980)

17.43.020 Definitions.

The terms used in this chapter shall be defined consistent with the Forest Taxation Act of 1976.

A. "Other forest products" means logs, poles, posts, pilings, split products, chips, fuelwood and other solid products.

B. "Timber" means trees of any species maintained for eventual harvest for forest products purposes, whether planted or of natural growth, standing or down, on privately owned land, including Christmas trees, but does not mean nursery stock.

C. "Timberland" means privately owned land, or land acquired for state forest purposes, which is devoted to and used for growing and harvesting timber, or for growing and harvesting timber and compatible uses, and which is capable of growing an average annual volume of wood fiber of at least fifteen cubic feet per acre.

D. "Timber management plan" means a written plan for development and utilization of timber resources and compatible uses which assures the continued viability of the timberland, and which includes reasonable rotation and cutting cycle data.
(Ord. 99 § 1 (part), 1980)

17.43.030 Permitted uses.

The following uses are permitted in a timberland preserve zone (TPZ):

A. The growing and harvesting of timber and other forest products, including Christmas trees, in conformance with the provisions of this chapter;
B. Watershed management;
C. Fish and wildlife habitat;
D. Grazing and other agricultural uses on that portion of the land not under timber production; E. One single-family dwelling, with accessory structures and utilities, on a separate legal parcel with a minimum of forty acres.
(Ord. 99 § 1 (part), 1980)

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17.43.040 Conditional uses.

The following conditional uses may be permitted in a TPZ upon the granting of the appropriate use permit.

A. Erection, construction, alteration and maintenance of gas, electric, water or communications facilities; B. Outdoor recreation, educational or religious activities, in conformance with the provisions of Chapter

17.30 (REC recreation districts) of this title;
C. Conversion to agricultural uses not exceeding ten percent of the total of the timber area on the parcel; D. One or more single-family dwellings, with accessory structures, at a density in conformance with the General Plan but not to exceed one dwelling unit per ten acres; if more than two new dwellings are involved, the development proposal must be clustered and in conformance with an approved P.U.D. (Ord. 99 § 1 (part), 1980)

17.43.050 Required special findings for conditional uses.

The following special findings shall be made in addition to the findings required by Section 17.43.040 of this chapter:

That the proposed conditional uses would be consistent with the purposes of the Forest Taxation Reform Act of 1976, the purposes of this chapter, and that the proposed conditional use is supported by a timber management plan submitted as a part of the application for such proposed conditional use, and which timber management has been approved as submitted, or as amended by the city, as a condition upon any use permit granted. (Ord. 99 § 1 (part), 1980)

17.43.060 Zoning procedures.

An owner may make application to zone his or her land as timberland preserve. The city council by ordinance, after the advice of the planning commission pursuant to Section 51110.2, Public Resources Code, and after public hearings, shall zone as timberland preserve all parcels submitted to it by petition pursuant to subsection B of Section 17.43.080.

A. A map shall be submitted with the legal description or assessor's parcel number of the property desired to be zoned.

B. A timber management plan for the property shall be submitted, which timber management plan shall have been prepared or approved as to content by a registered professional forester. Such plan shall provide for the eventual harvest of timber within a reasonable period of time. The timber management plan shall be approved as submitted, or as amended by the city, and prior to rezoning of the property to TPZ the property owner shall bind himself and his successors in interest to carry out the approved timber management plan.

C. The parcel shall currently meet the timber stocking standards as set forth in Section 4561 of the Public Resources Code and the Forest Practice Rules adopted by the State Board of Forestry for the district in which the parcel is located, or the owner must sign an agreement with the city council to meet such stocking standards and forest practice rules by the fifth anniversary of the signing of such agreement. If the parcel is subsequently zoned as timberland preserve, failure to meet such stocking standards and forest practice rules within this time period provides the city council with grounds for rezoning the parcel.

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D. The parcel shall be timberland.

E. The parcel shall be in compliance with the timberland preserve zone uses set forth in Section

17.43.030.

F. The land area concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code, and shall be comprised of single or continuous parcels consisting of at least five acres in area.
(Ord. 99 § 1 (part), 1980)

17.43.070 Rezoning from timberland preserve to an alternative zone district.

Rezoning of the land from timberland preserve (TPZ) to another zoning district shall be in conformance with the requirements of the Forest Taxation Reform Act of 1976, in addition to any other applicable rezoning requirements.
(Ord. 99 § 1 (part), 1980)

17.43.080 Land divisions of TPZ parcels.

A. Parcels zoned as timberland preserve under this chapter may not be divided into parcels containing less than one hundred sixty acres unless the owners of resulting parcels submit a joint timber management plan prepared or approved as to content by a registered professional forester and such owners enter into a binding contract with the city council to manage and harvest timber on the timberland jointly, and are bound by the provisions of such management plan for a minimum period of twenty years. Any such divisions shall require approval by a four-fifths vote of the city council; and B. Any land division pursuant to subsection A of this section shall not create parcels smaller than forty acres, except pursuant to an approved planned unit development that conforms to the conditional densities and special findings required by Chapter 17.54.
(Ord. 99 § 1 (part), 1980)

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Title 17 - ZONING
Chapter 17.44 GENERAL AND SPECIAL PROVISIONS
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Chapter 17.44 GENERAL AND SPECIAL PROVISIONS

17.44.020 Commercial and industrial performance standards.

A. Specific Purposes. The performance standards established in this section apply in all commercial and industrial zones. These standards are intended to assure that all commercial and industrial operations carried out in the city are conducted in such a manner so as to avoid any nuisance, hazard or commonly recognized offensive condition or characteristic adverse to the public health, safety and general welfare.

B. Prohibition of Dangerous or Objectionable Elements. No land or building shall be used or occupied in any manner so as to create any dangerous, injurious, noxious or otherwise objectionable explosive or other hazard. Nor shall any use create noise or vibration, smoke, dust, odor or other form of air pollution; heat, cold or dampness; electrical or other disturbance; glare; liquid or solid refuse or wastes; or other substance, condition or element in such a manner or in such amount as to unreasonably adversely affect the surrounding area or adjoining premises.

C. Performance Standards. The following performance standards shall apply to all uses of property in the commercial and industrial zoning districts specified in Chapters 17.20, 17.22, 17.24, 17.26 and 17.28 of this title.

1. Fire and Explosive Hazards. All activities involving storage of flammable or explosive materials shall comply with applicable Uniform Fire Codes and Chapter 13.12 of this code.

2. Radioactive or Electrical Disturbance. No activities shall be permitted which utilize fissionable or radioactive materials. Activities shall not be permitted which emit electrical disturbance affecting the operation of any equipment other than that of the creator of such disturbance.

3. Noise. At the lot line of all uses specified in Chapters 17.20, 17.22, 17.24, 17.26 and 17.28 of this title, the maximum sound generated by any user shall not exceed seventy-five dbA when adjacent users are industrial or wholesale users. When adjacent to offices or retail, the sound level shall be limited to seventy dbA. When users are adjacent or contiguous to residential, park or institutional uses, the maximum sound level shall not exceed sixty dbA. Excluded from these standards are occasional noises which are specifically exempted under Section 5.17.030.

4. Vibration. No vibration shall be permitted which is discernible without instruments at the lot line of the establishment or use.

5. Smoke. No emission shall be permitted at any point, from any chimney or otherwise, of visible grey smoke of a shade equal to or darker than No. 2 on the Power's Micro Ringelmann Chart, published by McGraw-Hill, Inc.

6. Odors, Flying Ash, Dust, Fumes, Vapors, Gases and Other Forms of Air Pollution. All uses shall conform with applicable standards established by the Association of Monterey Bay Area Governments (AMBAG), adopted herein by reference.

7. Glare. No direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at a distance of five hundred feet from said establishment or use.

8. Liquid or Solid Wastes. All liquid and solid waste discharge shall be in compliance with Chapter 13.04 of this code.

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9. Traffic. No use shall generate vehicular traffic which would cause an adjacent arterial or collector road to exceed a traffic-carrying capacity of Level of Service C without providing appropriate mitigation measures in the form of roadway improvements, traffic-control devices, restrictions on hours of operation or staggered work hours. Traffic-generating potential shall be determined by use of Caltrans trip-generation studies or other information acceptable to the director of public works. In the event an adjacent arterial or collector is already below Level of Service C, appropriate mitigations shall offset any significant impact on the traffic-carrying capacity of the road.

10. Trash Collection and Other Service Areas. Trash containers and service loading docks should be conveniently located and sized but must not interfere with other circulation or parking on the site.

Trash containers should be located away from public streets and store entrances and should be completely screened with materials similar to or compatible with buildings located on the same site, or as otherwise provided in the district regulations. If required as part of a discretionary permit process, all outdoor refuse collection areas shall be enclosed per city-approved standard details as illustrated in Figure 17.44.020 unless an enclosure is in use on June 1, 1996, which meets the approval of the disposal company servicing the business, does not violate health and safety, and has been previously approved by the city.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.96 § 1, 1996; Ord. 174, § 3(part), 2-4-2004)

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Figure 17.44.020 Standard Trash Enclosure*

17.44.030 Off-street parking and loading requirements.

A. Purposes. These parking and loading requirements are intended to prevent traffic congestion and traffic hazards in the city and to add to the safety and convenience of its citizens by incorporating adequate, attractively designed and functional facilities for off-street parking as an integral part of every land use in the city. Off-street parking and loading facilities are required to be provided incidental to new land uses and major alterations and enlargements of existing land uses. The number of parking spaces and the number of loading areas prescribed in this section or to be prescribed by the planning commission shall be in proportion to the need for such facilities created by the particular type of land use. Off-street parking and loading areas are to be designed in a manner which will ensure their usefulness, protect the public safety and, where appropriate, insulate surrounding land uses from their impact.

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B. Definitions:

1. "Driveway" means a roadway or access way connecting a public or private street with the required parking space(s), dwelling or other structure of an individual parcel.

2. Garage, Private. "Private garage" means an accessory structure or a portion of a main primary structure designed for the storage of motor vehicles, boats or trailers, having permanent roof and designed to be enclosed on all sides. The minimum size of a private garage shall be twenty-two feet by twenty-two for two cars and twenty-two feet by twelve feet for one car.

3. Garage, Public. "Public garage" means a structure or portion thereof, other than a private garage, used for the storage, sale, care, repair or refinishing of motor vehicles or trailers.

4. "Off-street loading facilities" means a site or a portion of a site devoted to loading or unloading motor vehicles, trucks or tractor-trailers, including loading berths, aisles, access drives and landscaped areas.

5. "Off-street parking facilities" means a site or portion of a site devoted to the off-street parking of motor vehicles, including parking spaces, aisles, access drives and landscaped areas.

6. "Parking space" means an area reserved for parking a motor vehicle, trailer, mobile home, airplane or boat, while it is not in use. The area must be accessible from a driveway. The size of the area must be suitable for the vehicle served but not less than eight and one-half feet wide by eighteen feet long.

C. Off-Street Parking Facilities Required.

1. In all districts, for every use, parking shall be provided at the time of initial occupancy of a site. When structures in any district are reconstructed, enlarged, structurally altered, changed in occupancy to a more intensive use category or otherwise increased in capacity, such off-street parking facilities shall be provided only for that portion of the structure constituting the increase in capacity. The exception to this requirement is when the pre-existing number of parking spaces is greater than the number prescribed in this section, in which instance the number in excess of the prescribed minimum shall be counted in calculating the number provided to serve the major alteration or enlargement, as defined in subdivision 3 of this subsection.

2. If, in the application of the requirements of this section, a fractional number is obtained, one parking space shall be provided for a fraction of one-half or more and no parking space shall be required for a fraction less than one-half.

3. If more than one use is located on a site, the number of parking spaces required shall be equal to the sum of the requirements prescribed in this section for each use or major alteration or enlargement. For the purposes of this section, the term "major alteration or enlargement" means a change of use or an addition which would increase the number of parking spaces required by more than ten percent of the total number required. The number of parking spaces provided for a major alteration or enlargement of a site or structure shall be in addition to the number existing prior to the alteration, subject to subdivision 1 of this subsection, unless otherwise modified by the planning commission.

4. The off-street parking facility requirements of this section shall be satisfied by the permanent allocation of the prescribed number of spaces for each use in a common parking facility; provided, that the total number of spaces shall not be less than the sum of the individual requirements and provided further, that an easement for parking facility is filed with the Santa Cruz County recorder prior to application for a building permit.

5. In any commercial or industrial district, the off-street parking and loading regulations may be modified by the planning commission upon approval of a use permit if the site has a width of sixty feet or less and has existing structures on the site.

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D. Variances to Off-Street Parking Space Requirements. Notwithstanding the provisions of Section 17.50.010 of this title, a variance to the off-street parking requirements prescribed in this section may be granted for nonresidential developments in order that some or all of the required parking spaces be located off-site, including locations in other jurisdictions, or that in-lieu fees or facilities be provided instead of the required parking spaces, if both of the following conditions are met:

1. The variance will be an incentive to and a benefit for the nonresidential development.

2. The variance will facilitate access to the nonresidential development by patrons of public transit facilities, particularly guideway facilities.

E. Use for Advertising Prohibited.

1. No off-street parking or loading facility related to any commercial or industrial use in any zoning district shall be used for the stopping, standing or parking of any vehicle for the purpose of advertising or displaying such vehicle for sale.

2. In residential districts, no off-street parking space, driveway or front yard shall be used for the stopping, standing or parking of any vehicle for the purpose of advertising or displaying such vehicle for sale; except, that the occupant of said property may park one vehicle owned by such occupant, displayed for sale and bearing a sign not exceeding two square feet in area restricted to the sale of the vehicle upon which it is posted.

F. Schedule of Off-Street Parking Space Requirements.

USE PARKING SPACES REQUIRED
Single-family dwellings Each dwelling unit shall have a two-car garage, plus one additional covered or uncovered parking space (a
minimum of three parking spaces).

Multi-family dwellings Two parking spaces for each dwelling unit; plus one additional parking space for every five units, or
fraction thereof.

Business, professional modified and trade schools and
colleges, and crafts, music and dancing schools
Two spaces for each five hundred square feet of gross
floor area unless approved by the planning
commission.

Commercial service modified enterprises, repair
shops, wholesale establishments and retail stores
which handle only bulky merchandise such as
furniture and household appliances
One space for each five hundred square feet of gross
floor unless approved by the planning commission.

Automotive repair and related services One space for each two hundred fifty square feet of gross floor area.

Business and professional officers area One space for each two hundred fifty square feet of gross floor area.

Medical and dental officer/clinic Five spaces for each doctor/dentist or one space for each two hundred square feet of gross floor area,
whichever is greater, plus additional spaces as may be
required for employees and/or conference activities.

Motels, hotels, lodging houses, bed and breakfast
establishments, and private clubs providing sleeping
accommodations
One space for each living unit or bedroom, whichever
is greater, plus one space for each six hundred square
feet of office and storage.

Restaurants, bars, soda fountains, cocktail lounges,
cafes, night clubs, cafeterias and similar
establishments serving food
One space for each sixty square feet of floor area for
public accommodation plus one space for each two

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hundred fifty square of non public accommodation
floor area
Research and development, including computer
assembly, circuit board assembly and related activities One space for each two hundred fifty square feet of
gross floor area to be provided with initial
construction. An additional number of spaces shall be
provided so that the total number of spaces is equal to one space per each one hundred square of gross floor
area. The additional parking will be parking at a later when needed.

Mini Storage Four spaces plus additional spaces as may be required by the planning commission.

Churches, theaters, assembly halls, convention
centers, auditoriums, dance halls, lodges, social halls, mortuaries and funeral homes
One space per each three and one half fixed seats or
one space per fifty square feet of gross floor area,
whichever is greater.

Warehouses, storage buildings and storage facilities
that must be combined with commercial or industrial
uses
One space for each one thousand square feet of gross
floor area.

Hospitals, sanitariums, nursing homes and charitable
and religious institutions providing sleeping
accommodations
One space for each three beds. Where needed,
additional spaces for employee parking may be
required by the planning commission.

Libraries, museums, art galleries and similar uses One space for each employee plus additional number of space as may be prescribed by the planning
commission.

Open air commercial uses, nurseries, motor vehicle
sales lots
One space per one thousand square feet of lot area
devoted to sales.

Day care center One space for each three hundred square feet of gross floor area.

Public and private elementary and junior high schools Ten spaces plus one space per classroom, plus sufficient space for safe and convenient loading and
unloading of students. Where needed, additional
spaces for student parking may be prescribed by the
planning commission.

Public or private high schools or colleges One space per ten students plus one per classroom.

One space per one employee, including teachers and
administrators, plus sufficient space for safe and
convenient loading and unloading of students.

Retail sales uses One space for each two hundred fifty square feet of gross floor area.

Other uses not specified The number of parking spaces required for any use not specified shall be determined by the planning
commission.

If it can be shown that a use does not expect to utilize the required number of spaces and assurance is given by recorded instrument or by other means that the required number of spaces will be provided when the use or circumstances of occupancy change, then a conditional use permit may be granted by the planning commission, pursuant to Section 17.50.020 of this title, allowing for a reduction in the number of required parking spaces. The use permit shall be conditioned on the necessary number of spaces being provided when the use or circumstances

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of occupancy change and on the giving of a recorded instrument to that effect which shall be recorded at the Santa Cruz County recorder's office.

G. Standards of Commercial Off-Street Parking Facilities. For further clarification of parking standards and requirements, please refer to Figures 17.44.030A and B. For existing parking lots which do not conform to the compact parking standards, see Section 17.48.080.

1. Each full-sized parking space shall not be less than twenty feet in length and nine feet in width, exclusive of aisles and access drives. When the overhang is provided, the parking stall shall be seventeen feet, plus a three-foot overhang area, which shall be paved, rock lined, concrete or landscaped with low growing plants or ground covers. The overhang area shall be edged with continuous cubing of six inches in height. No light standards or fixed objects are allowed in this overhang area. A three-foot overhang and a four-foot-wide sidewalk is required if the parking space is adjacent to a building.

2. Each compact parking space shall not be less than nine feet in width and sixteen feet in length, exclusive of aisles and access drives. When an overhang is provided, the parking stall shall be thirteen feet, plus a three footed paved, rock-lined, or concrete overhang area, which may be landscaped with low growing plants or ground covers. The overhang shall be edged with continuous cubing of six inches in height. No light standards or fixed objects are allowed in this overhang area. A three-foot overhang and a four-foot-wide sidewalk is required if the parking space is adjacent to a building.

3. Entrances and exits to parking facilities shall be provided at locations approved by the city engineer.

4. The parking area, aisles and access drives shall be treated so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water.

5. Six-inch high concrete curbs, or other material approved by the city engineer, shall separate all paved and landscaped areas.

6. Ten percent of the required parking area shall be landscaped; the landscaping shall be evenly distributed throughout the parking area and adjacent to buildings. Minimum planter width shall be five feet.

7. Landscaped areas within or adjacent to the parking area shall provide for a minimum of one shade tree for every four parking stalls. Depending on the parking dimensions, layout type and size of shade tree, this requirement may be modified by the planning director.

8. Concrete curbing shall be used as wheel stops. The use of bumper blocks is discouraged and can be approved only by the planning commission after findings of unusual circumstances which warrant their use.

9. If the parking area is illuminated, lighting shall be deflected away from any abutting residential sites.

Parking lot lighting should be low profile, with standards of anodized bronze aluminum or other material approved by the design review board.

10. In any commercial or industrial district where a parking area is located across a street or alley from or immediately adjacent to, a residential district, a landscape strip not less than five feet in depth shall be planted and permanently maintained along the abutting property line of the parking area.

11. Twenty percent of the spaces for off-street parking may be compact spaces. This section shall be applicable only if ten or more spaces are required.

12. Each compact space shall be marked in accordance with the following standard: The word "COMPACT" shall be placed in a permanent manner on the pavement at the center of the entrance to each designated space. The letters shall be white in color and eight inches or more in height on the pavement.

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13. Handicapped parking spaces shall be provided as specified in state law.

14. Parking lot design shall conform to the current edition of the American Association of State Highway and Transportation Officials (AASHTO) "Single Unit Demand Design Criteria" and to the current edition of the Transportation and Traffic Engineering Handbook (Institute of Transportation Engineers).

15. All striping shall be a minimum of four inches in width. Signing and striping shall conform to state standards. All parking spaces in parking lots shall be striped.

H. Parking Lot Design. Figures 17.44.030A and B provided in this section shall be used as guides in the development and arrangement of parking spaces and parking areas.

I. Location of Off-Street Parking Facilities. In all residential and open-space districts, off-street parking facilities prescribed in this section shall be located on the same site as the use for which the spaces are required or on an adjoining site or a site separated only by an alley from the use for which the spaces are required.

Figure 17.44.030A Parking Stall Geometrics
Figure 17.44.030B Parking Lot Layout
In all commercial and industrial districts where on-site location cannot be provided, off-street parking facilities prescribed in this section shall be located within three hundred feet of the use for which the spaces are required, measured by the shortest route of pedestrian access.

J. Standards for Residential Parking Facilities.

1. Parking of motor vehicles, trailers, campers, recreational vehicles, boats or airplanes in front yards of any lot or exterior side yards of corner lots, shall be restricted to driveways and parking spaces.

2. Driveways and parking spaces in any residential zone district shall not proportionately occupy more than three hundred square feet per each ten feet of required setback.

3. In any residential district, it is unlawful to park more than five motor vehicles, mobile homes, trailers, airplanes or boats or any combination thereof exceeding five, for a period of time in excess of twentyfour hours in front yards of any lots or exterior side yard of corner lots whether or not located in a required setback, when visible from a public or private street.

4. One uncovered required parking space may be provided in a tandem arrangement for a single-family dwelling. A tandem space shall not obstruct access to more than one of the required spaces.

L. Off-Street Loading Required.

1. All multifamily dwellings containing fifty or more rental units shall provide one off-street loading space.

Each such space shall be at least forty-five feet long and twelve feet wide, exclusive of necessary area for maneuvering, ingress and egress.

2. All retail business uses, wholesale or warehouse establishments and industrial uses containing less than ten thousand square feet of gross floor area shall provide one off-street loading space. Each such space shall be at least thirty feet long and twelve feet wide, exclusive of necessary area for maneuvering, ingress and egress.

3. All retail business uses, wholesale or warehouse establishments and industrial uses containing ten thousand or more square feet of gross floor area shall provide the number of off-street loading spaces specified below. Each such space shall be at least forty-five feet long and twelve feet wide, exclusive of necessary area for maneuvering, ingress and egress.

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Square Feet in Gross Floor Area Number of
Spaces
10,000 up to and including 50,000 1
50,001 up to and including 200,000 2
200,001 up to and including 300,000 3
One additional space shall be required for each additional one hundred thousand square feet above three hundred thousand square feet of gross floor area.

M. Standards for Off-Street Loading Facilities. Off-street loading facilities provided in compliance with subsection L of this section shall conform to the following standards:

1. Each loading space shall be at least thirty feet long or forty-five feet long as provided in subsection L and twelve feet wide, exclusive of necessary area for maneuvering, ingress and egress.

2. Sufficient distances for turning and maneuvering vehicles shall be provided on the site.

3. Each loading area shall be accessible from a street or alley.

4. Entrances and exits shall be provided at locations approved by the city engineer.

5. The loading area, aisles and access drives shall be paved so as to provide a durable, dustless surface and shall be so graded and drained as to dispose of surface water.

6. A loading area shall not be located in a required front or side yard, nor shall it be visible from a public street or private residential property from ground level adjacent to the site of the loading facility.

7. Off-street loading facilities prescribed in Section 17.46.080 shall be located on the same site with the use for which the areas are required or on an adjoining site.

N. Existing Uses. No existing use of land or structure shall be deemed to be a nonconforming use or a nonconforming structure solely because of the lack of off-street parking facilities or off-street loading facilities prescribed in this section, provided, that facilities being used for off-street parking and loading shall not be reduced in capacity to less than the number of spaces or loading areas prescribed in this section or reduced in area to less than the minimum standards prescribed in this section.

O. Designation of Off-Street Parking and Loading. When off-street parking facilities or off-street loading facilities are provided, in compliance with the requirements of this section, on a site other than the site on which the use or structure to be served by the parking and loading facilities is located, an agreement shall be recorded in the Santa Cruz County recorder's office designating the off-street parking or the off-street loading and the use or structure to be served, with legal descriptions of both sites, and certifying that the off-street parking facility or the off-street loading facility shall not be used for any other purpose unless the restriction is removed by resolution of the planning commission. No building permit shall be issued until an attested copy of the recorded agreement has been filed with the building inspector. Upon submission of satisfactory evidence that other off-street parking facilities or off-street loading facilities have been provided in compliance with the requirements of this section, or that the use has ceased or the structure has been removed or altered so as no longer to require the off-street parking or off-street loading facility, the planning commission shall by resolution remove the restriction.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16.82 § 2, 1991; Ord. 16-113 § 4, 2002; Ord. 16.116, § 2, 3-4-2004; Ord. 16.123, §§ 51, 52, 9-5-2007)

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17.44.040 Prezoning of unincorporated territory.

The city may prezone unincorporated territory adjoining the city for the purpose of determining the zoning that will apply to such property in the event of subsequent annexation to the city. The method of accomplishing such prezoning shall be as provided by Chapter 17.52 of this title, for zoning within the city. Such zoning shall become effective at the same time that the annexation becomes effective. (Ord. 16.76 § 1 (part), 1989)

17.44.050 Underground utilities.

A. Undergrounding of Utilities Required.

1. All electrical transmission and/or distribution lines, communication lines and appurtenances, including all public utility systems and service facilities therefor, and also all telegraph and cable television (CATV) distribution or transmission facilities, shall be located and installed underground on all lands and zoning districts within the city, except as hereinafter specifically permitted.

2. No person shall directly or indirectly erect, construct or fabricate any building or structure, or install any pole or poles, for the purpose of operating or maintaining any overhead electric transmission and/or distribution line or lines, and/or any overhead communication line or lines, or any appurtenant structure or part thereof, except as follows:
a. Existing overhead electric and communication lines, poles and transformers destroyed by fire, flood, wind, falling trees or similar events may be replaced overhead. b. Temporary electric and communication lines, poles and transformers may be erected to serve construction projects or emergency situations for periods not to exceed six months, unless such time is extended by the chief building inspector.
c. Overhead electric distribution lines, communication lines, poles and transformers may be replaced at the same location with facilities of greater capacity where such facilities are not already included in an existing conversion program adopted by the city. d. Pad-mounted transformers, service pedestals, meter cabinets, surface-mounted switches and concealed ducts may be installed, so long as they are used solely in connection with, and as appurtenances to, an underground distribution system or facilities. e. Poles supporting electric transmission lines, and the electric transmission lines supported by such poles, may be erected where the voltage carried by such lines is more than 34.5 kV. f. Poles supporting street lights and the electric lines within said poles may be erected.

3. No use shall be made of any land, building or structure in the city, or in any zoning district or area thereof, for any electric transmission or distribution lines, or communication lines and appurtenances, except as set forth in this section.

B. Exceptions. Variances to the regulations set forth in this section governing the undergrounding of public utilities may be granted by the planning commission in accordance with Section 17.50.010 of this title. (Ord. 16.76 § 1 (part), 1989)

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17.44.060 Condominium conversions and condominiums.

A. Intent. Residential condominiums provide for individual ownership of separate dwelling units which usually are proximate to one another. The area surrounding the dwelling units is a common area that is managed and maintained by the individual owners of dwelling units in accordance with the rules of an associated agreement. This mix of individual and common ownership is different from detached single-family residences and apartment house use; in single-family homes dwellings the dwelling is physically separate and the yard areas are under the more or less complete control of the owner; in conventional apartments there is an implied guarantee of continuous and effective management of the project. The occupant is not the owner of the unit and does not have the financial commitment or problems of use, maintenance or resale associated with ownership. The unique nature of condominium projects tends to magnify the effects associated with higher urban densities to the point where they may have deleterious effects upon the occupant, seller and buyer, who often do not appreciate the implications of condominium living and ownership; this may lead to conditions of mismanagement, neglect and blight that affect the public health, safety, welfare and economic prosperity of the larger community. To ensure that such problems are avoided in both the short and long term, it is the express intent of the city to treat such projects differently from other multiple-family dwelling developments of other structures which are not residential condominium projects. It is found that the implementation of this section requires adoption of special requirements contained in this section for new condominium developments and the conversion of existing community apartment projects to residential condominiums.

B. Purpose. The purpose of this section is to:

1. Establish requirements and procedures to be followed for the review and approval or disapproval of:
a. New condominium project development, and
b. The conversion of existing multiple-family rental housing to residential condominiums;

2. Establish criteria for new condominium developments and condominium conversion projects by requiring conformance to the city's building code and other development standards set forth in this section;

3. Ensure that the developer of the project provides adequate private outdoor living space, storage and parking space, open space and other amenities;

4. Provide for planning, unforeseen change and compliance with the city's General Plan and housing element;

5. Provide:
a. A desirable balance of rental and ownership housing within the city, and b. A variety of individual choice of tenure, type, price and location of housing;

6. Ensure that the project sponsor is attentive to the performance characteristics of the structure and mitigates such problems as vibration and noise transmission which may not be apparent to the buyer without living in the unit but which, if not adequately attenuated, may nevertheless render the living environment within the project insufferable and the transfer of unit ownership difficult;

7. Ensure that the project sponsor uses contemporary and environmentally sensitive concepts of site planning and architectural design in the construction of a new condominium project and ensure that the project, once completed, maintains its integrity, not only to preserve the long-term financial commitment of the unit owner but to optimize the utilitarian and aesthetic qualities that make the project a viable home for the owner long into the future.

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C. Definitions. For the purposes of this section, certain words and phrases are defined and certain provisions shall be construed as set forth in this subsection unless it is apparent from their context that a different meaning is intended.

1. "Association" means an organization composed of persons who own a condominium unit(s) or right of exclusive occupancy in a community apartment, and who are organized to operate and maintain common areas for condominiums.

2. "Common area" means the area that is available to the common use of unit owners in an entire project, excepting the individual units therein.

3. "Community apartment" means one residential unit within a community apartment project. For the purposes of this section "community apartment" means the same thing and shall be treated in the same manner as a unit as defined in subdivision 17 of this subsection.

4. "Community apartment project," as defined in Section 11004 of the Business and Profession Code, means a development of real property in which an undivided interest in the land is coupled with the right of exclusive occupancy of a designated residential unit located thereon or therein. For the purposes of this title, "community apartment" means the same thing and shall be treated the same way as a residential condominium, as defined in subdivision 14 of this subsection.

5. "Condominium" means an estate in real property consisting of an undivided interest in common in a portion of a parcel of real property, together with a separate interest in space in a residential building such as an apartment. A condominium may include, in addition, a separate interest in other portions of such real property.

6. "Condominium documents" means the covenants, conditions and restrictions, the description of the project elements and any other documents establishing a plan for condominium ownership.

7. "Conversion" means a change in the type of ownership of a parcel or parcels of real property, together with the existing attached structures, to that defined as a condominium development or a community apartment project regardless of the present or prior use of such land and structures and whether substantial improvements have been made or are to be made to such structures.

8. "Covenants, conditions and restrictions" means a written declaration relating to the maintenance, operation, duties and responsibilities of the common owners of the project and may include, but is not limited to those restrictions provided for in Section 1355 of the California Civil Code and as such may hereafter be amended.

9. "Developer" means the owner or subdivider of real property with a controlling proprietary interest in the proposed project.

10. "Open space" means open space on the project (exclusive of the required front setback area) which is to be used exclusively for leisure and recreational purposes, for the use and enjoyment of occupants of units on the project and to which such occupants shall have the exclusive right of use and enjoyment.

Accessory structures such as swimming pools, recreational buildings and landscaped areas may be included as open space.

11. "Owner" means the owner of a residential condominium unit.

12. "Project" means the entire parcel of real property divided or to be divided into condominiums, including all structures thereon.

13. "Project elements" means condominium units which are to be conveyed, the areas and spaces which are to be assigned to such units and the common areas (including improvements) which are to be shared by the owners of all units.

14. "Residential condominium" means a condominium for residential purposes.

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15. "Subdivision Map Act" means Division 2 of Title 7 of the California Government Code, commencing with Section 66410 et seq. and as may hereafter be amended.

16. "Subdivision ordinances" means those ordinances contained in Title 16 of this code and as may hereafter be amended.

17. "Unit" means the element of a residential condominium project which is not owned in common with the owners of other condominiums in the project or is an apartment in a community apartment project to which an owner of an undivided interest in common in a community apartment project has a right of exclusive occupancy.

D. General Provisions. The following provisions shall apply to all condominium developments:

1. A condominium development may be located in any zoning district upon the granting of a use permit in accordance with the provisions of this section and Section 17.50.020 of this title.

2. A condominium development shall include only uses which are either permitted or conditional uses in the zoning district in which the development is located.

3. In residential condominium developments, the density may not exceed the density prescribed for the zoning district in which the development is located.

E. Use Permit Application Required. The developer of a new condominium project or a developer who desires to convert an existing multiple-family rental housing or a nonresidential structure to a residential condominium shall first submit an application for a use permit to the planning department. The application shall include, but not be limited to, the following:

1. Written authorization from all owners of parcels within the boundaries of the development;

2. A complete legal description of the property, including a delineation of the project boundary and a tabulation of gross and net land area, including a title report. The project boundary map should show the existing topography of the site and the location of all existing easements, structures and other improvements. Significant surface features within the development area, including but not limited to natural ground cover, trees more than six inches in diameter (trunk diameter, variety and size), water courses, rock outcroppings and soil cover, should be included in the description. In addition, the description should include the proposed circulation system, showing the location of all streets (public and private), pedestrian pathways and other circulation facilities;

3. A detailed grading plan, including a transverse and longitudinal section showing natural and proposed grades, including all cut-and-fill slopes and the location of retaining walls, and methods of erosion control;

4. Proposed land uses, including building locations and types, floor plans, number of units, building elevations (all sides), open space, recreation area, off-street parking, loading and service areas, a conceptual landscaping plan for the project as a whole, a lighting plan, the approximate number and characteristics of the population anticipated and the relationship of the project to surrounding land uses;

5. A data table showing how the project compares to the minimum standard for the residential district in which it would be located;

6. Typical detailed sections of the types of wall, floor and ceiling construction that would be used in both common and interior partition walls within the condominium project, including either published data from a recognized and approved testing laboratory or a statement from a licensed acoustical engineer or the city building official as to sound transmission control ("STC," as defined in Chapter 35 of the Uniform Building Code);

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7. A statement of special or unusual seismic, soil or geologic conditions within the development area, if applicable;

8. A development schedule indicating anticipated dates of construction, including any proposed project phasing;

9. Any additional information as required by the planning director or planning commission.

F. Modification of Requirements. Recognizing that the conversion of existing multiple-family residential structures to condominium usage presents unique problems with respect to the requirements of this section, the planning commission is empowered to vary any and all requirements contained herein, provided, that said modifications are consistent with the public health, safety and welfare and will not contravene the purposes and intent of this section. Project characteristics of critical importance in making this determination are the structure(s) and the degree to which the proposal varies from the required standards for the following: parking, private open space, storage space, sound transmission characteristics, fire protection and development criteria.

The planning commission is also empowered to impose conditions on any approval which would require that specified changes designed to bring a structure into compliance with the condominium development standards contained herein be made to the structure proposed for conversion.

Requirement for subdivision application for construction or conversion of a condominium project shall be accompanied by a tentative map application pursuant to Title 16 of this code, unless waived pursuant to Government Code Section 66428.

G. Development Standards. The following development standards shall apply to all condominium development unless otherwise modified by the planning commission:

1. Parking: All condominium developments shall conform to the parking requirements of this title.

2. Open space: Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty square feet. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two weatherproofed electrical convenience outlets and shall have a shape and size that would allow for optimum usable space. Such space shall be at the same level as and immediately accessible from, a room within the unit. The planning commission may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this section.

3. Storage space: In addition to guest, linen, food pantry and clothes closets customarily provided, each unit within the project shall have at least two hundred cubic feet of enclosed, weatherproofed and lockable private storage space. The location and design of such space shall be approved by the planning commission and shall not be divided into two or more locations. If such space is located within a common area within the project, the association shall be responsible for the care and maintenance of the exterior surface of the space in order to assure that the surface is maintained in a manner compatible with the architectural treatment of the project.

4. Sound transmission: All permanent mechanical equipment such as motors, compressors, pumps and compactors which is determined by the building official to be a source of structural vibration or structure-borne noise shall be shock mounted with inertia blocks or bases and/or vibration isolators in a manner approved by the building official. Common walls and floors between units shall comply with the city's ordinances governing noise resistance for newly constructed common walls and floors.

5. Fire prevention: Every dwelling unit shall be provided with a smoke detector conforming to Uniform Building Code standards. The detector shall be mounted on the ceiling or wall at a point centrally located in the corridor or area giving access to rooms used for sleeping purposes. Where sleeping rooms are on an upper level, the detector shall be placed at the center of the ceiling directly above the

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stairway. All detectors shall be located within twelve inches of the ceiling. When activated, the detector shall provide an alarm in the dwelling unit. Draft stops shall be placed in all attics that are determined to be accessible by the building official.

6. Condition of equipment and appliances: Regarding conversion, the developer shall provide a one-year warranty to the buyer of each unit at the close of escrow on any dishwashers, garbage disposals, stoves, refrigerators, hot water tanks and air conditioners that are provided. At such time as the homeowners' association takes over management of the development, the developer shall provide a one-year warranty to the association that any pool and pool equipment and any appliances and mechanical equipment to be owned in common by the association are in operable working condition.

7. Condition of paved areas: Regarding conversion, the developer will make any repairs needed so that the public works department can determine that any paved areas are in satisfactory condition.

8. Condominium development criteria: The following criteria shall be considered in reviewing the overall design and site layout of the project:
a. The project should have a comprehensive and integrated design, providing its own open space, off-street parking and amenities for contemporary living. Insofar as the scale of the project allows, open space, walkways and other areas for people should be separated from parking areas, driveways and areas for automobiles.
b. Architectural unity and harmony should be achieved both within the project and between the project and the surrounding community so that it does not constitute an adverse disruption to the established fabric of the community.
c. The layout of structures and other facilities should minimize street, driveway, curb cut, utility and other public or quasi-public improvements. Additionally, structures should be designed to minimize, within the context of accepted architectural practice, the consumption of natural resources, either directly or indirectly, e.g., gas, water and electricity.

9. Other facilities: Consideration shall be given by the planning commission to the inclusion of the following facilities in the project:
a. A laundry area shall be provided in each unit or if common laundry facilities are provided, then such facilities shall be subject to the review of the planning commission as to their adequacy. b. In addition to any other parking requirements, at least one space per five units shall be provided for the enclosed storage of recreational vehicles and boats in new construction only. If the requirement cannot be met, a provision shall be placed in the covenants, conditions and restrictions (CC&Rs) precluding the parking of recreational vehicles and boats on the site. Such parking area shall be enclosed.

H. Approval of Tentative and Final Map. Pursuant to Section 66427 of the Government Code, the city council or planning commission shall not refuse approval of the tentative or final map of a condominium conversion project because of design or location of the buildings shown on the map or plan which are in conformance with the provisions of this section, or because of the manner in which the airspace is to be divided in conveying units within the condominium.

I. Approval of Declaration of Covenants, Conditions and Restrictions (CC&Rs) and Project Elements. To achieve the purpose of this section, the planning commission shall require that a declaration of covenants, conditions and restrictions (CC&Rs) and project elements relating to the management of the common area and facilities be approved by the planning department and city attorney prior to the approval of the final map. In addition to such covenants, conditions and restrictions that may be required by the Department of Real Estate of the State of California pursuant to Section 1350, et seq. of the California Civil Code or other state laws or policies, such declaration shall be subject to recording and shall provide for the following, none of which, when

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approved by the planning department or city attorney, shall be amended, modified or changed without first obtaining the written consent of the planning department and city attorney and all of which shall contain a statement to that effect.

1. Conveyance of private open space: The surface area and appurtenant airspace of private open-space areas, including but not limited to the private patio, deck, balcony, solarium or atrium required by this section, and any integral portion of that space that may exceed the minimum area requirements, shall be described and conveyed in the grant deed as an integral part of the unit.

2. Conveyance of private storage areas: The surface and appurtenant airspace of private storage spaces required by this section shall be described and conveyed in the deed as an integral part of the unit.

3. Assignment of off-street parking: Required off- street parking spaces shall be permanently, irrevocably and specifically assigned to particular units within the project on the basis of the parking spaces required per unit pursuant to Section 17.44.030 of this chapter. To the maximum practicable extent, the spaces assigned to each unit shall be contiguous. In no case shall the private storage area of one unit overhang or take its access from the required off-street parking space of another unit. All studio and one-bedroom units shall be assigned one parking space and may rent additional spaces from the association as available. All occupants of a unit with two or more bedrooms may rent one parking space back to the association. All parking spaces, except those specifically designated for parking recreational vehicles, shall be used solely for the purpose of parking motor vehicles and shall not be used for trailers, unmounted campers or similar recreational vehicles.

4. Right of public entry to common area: Officers, agents and employees of the city, the county, the state and the Government of the United States and any department, bureau or agency thereof, shall have the right of immediate access to all common areas of the project at all times for the purpose of preserving the public health, safety and welfare, except in those instances where a common area is accessible only through a private unit.

5. Maintenance of common areas: In order to protect the public health, safety and welfare, provision shall be made for annual assessments for capital improvements. The amount of the regular annual assessment and the procedure for its change shall be specified. The manner in which special assessments may be levied for the construction, reconstruction, repair or replacement of a capital improvement upon the common area shall be specified. Both annual and special assessments may be collected on a monthly basis. The remedies which the association may bring for the nonpayment of assessments shall be specified and may include penalties for late payment.

6. Utility easements over private streets and other areas: If the condominium project contains private streets, paths or roadways, provision shall be made for public utility easements over the entire private street, path or roadway network. The planning commission may also require public utility easements adjacent to public streets or over other portions of the project to accommodate fire hydrants, water meters, street furniture, storm drainage, sanitary sewers, water and gas mains, electrical lines and similar public improvements and utilities. The planning commission may also require access routes necessary to assure that fire-fighting equipment can reach and operate efficiently in all areas of the project.

7. Access for construction, maintenance or repairs: Each owner and the association shall have an easement for entry upon any privately owned unit, where necessary, in connection with construction, maintenance or repair for the benefit of the common area or the owners of the units in common.

8. Contract termination right: Unless otherwise prohibited by law or any local, state or federal regulation, the association shall have the right to terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the project, or at that time to renegotiate any such contracts.

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9. Provision for equity in sales: The conditions, covenants and restrictions (CC&Rs) shall contain a provision that the sale of any unit shall not be prevented because of the age, sex or family composition of any potential buyer.

J. Additional Requirements. In addition to the requirements for a major subdivision, the application for the subdivision of existing multiple-family rental housing as a condominium conversion shall be subject to the additional requirements set forth in subsections K through O of this section.

K. Code Inspection, Compliance and Disclosure. All units to be under separate ownership or lease after conversion shall be inspected by the city prior to city approval of the final map. Separate ownership shall mean a condominium unit where the entire fee is in one entity, whether individually, in joint tenancy or as tenants in common. All units shall be brought into compliance with the Uniform Building Code effective at the time the units were first constructed. A form containing pertinent information regarding the project, including age and physical and spatial amenities within and in proximity to the condominium complex, shall be filed with and approved by the planning director and shall be provided to prospective condominium buyers.

L. Utilities. All units to be subdivided shall be provided with separate gas and electric meters and provision shall be made for individual shutoff valves. All units shall also be provided with separate water meters and shutoff valves or with separate shutoff valves for all fixtures in each unit. If it is not possible to have separate water meters, provision shall be made for the equitable sharing of water costs.

M. Public Report Application. A copy of the proposed application submitted by the applicant to the Department of Real Estate of the state for a subdivision public report on the current forms required by the Department of Real Estate shall be submitted to the city planning department, together with the submittal of the tentative map. Such application need not contain exhibits regarding the availability of utility services or the organizational documents of the project. However, the application for the final subdivision map shall include a full and complete copy of all information submitted to the department of real estate by the applicant.

N. Notification to Tenants.

1. Developers of condominium conversions shall submit to the planning department the following:
a. With the use permit application, a list of the names and addresses of the residents of each unit in the conversion project, certified as to accuracy by the developer as of the date of the application.

The developer shall immediately notify the city of any change in the names or addresses on the list as they occur;
b. Prior to filing a tentative subdivision map, certification that all notices required to be given to and received prior to the filing of such map have been given in the manner and within the time limits specified or referenced in Government Code Section 66427.1 and all other notification requirements of the Subdivision Map Act as amended from time to time. c. Prior to approval of a final subdivision map, certification that all notices specified or referenced in Government Code Section 66427.1 in connection with approval of such map have been given to the persons in the manner and within the time limits specified or referenced therein.

2. The city shall provide notification of the public hearing before the planning commission on the use permit and subdivision applications to the tenants of the units in the conversion project pursuant to Section 17.50.090 of this title, as well as to all other persons therein prescribed.

3. A copy of the written staff report shall be delivered to the subdivider and to each tenant of the subject property at least three days prior to any hearing on the tentative map.

O. Pest Infestation and Dry Rot Report. The developer shall, prior to approval of the final map, submit to the planning department a copy of the structural pest infestation and dry rot report for all buildings within the proposed project. This report shall be made available to all prospective buyers by the developer.

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Any and all actual structural damage shall be repaired or financial provision made for appropriate repair within a specific time period, prior to the approval of final map or properly bonded under the Subdivision Map Act.

P. Effect On Housing Stock. In reviewing requests for conversion of existing apartment buildings to condominiums, the city shall consider the following:

1. Whether the amount and impact of the displacement of tenants would be detrimental to the health, safety or general welfare of the community;

2. The role that the apartment structure plays in the existing rental housing market;

3. The effect of the conversion on the need and demand for low-cost housing (both rental and ownership housing).

In no case shall apartment conversions be allowed if the rental vacancy rate is below four percent, as determined by the planning department.

Q. Advertising. The developer shall make no advertising use of any city approval of use, subdivision or occupancy for the project.

R. Required Findings. Pursuant to Government Code Section 66427.1 as it presently exists or may hereafter be amended, approval of the final map of a conversion of residential real property to a condominium project shall be withheld unless the city council makes all findings required by that section and further finds that:

1. The proposed conversion will not have an adverse effect on the diversity of housing types available in the city.

2. The proposed conversion will not displace a significant percentage of tenants and deplete low-income and moderate- income rental units from the city's housing stock at a time when no equivalent condominium housing is readily available in the city.

3. The proposed conversion would not be detrimental to the health, safety or general welfare of the community and is consistent with the city's General Plan, particularly the housing element.

4. The overall design and construction of the development meets the standards outlined herein.

S. Appeals. Any person who is dissatisfied with any decision made by the planning commission may appeal the same in accordance with the procedures established in Section 17.50.060 of this title. (Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 3, 1991)

17.44.070 Mobile home park conversion regulations.

A. Purpose and Findings. The city council finds, determines and declares that:

1. Chapter 9.16 (Mobile Home Park Rent Stabilization) of this code was enacted to protect the owners of mobile homes who reside in mobile home parks from unreasonable and excessive space rent increases and/or assessments, while at the same time providing owners of mobile home parks with a just and reasonable return on their investment. The findings, determinations and declarations contained in Chapter 9.16 are incorporated herein and made a part of this section.

2. This section is intended as the logical extension of the purpose and findings contained in Chapter 9.16 in that the unrestricted conversion of such mobile home parks to other uses can further diminish the availability of mobile home parks and space rentals, can interfere with existing tenants' quiet enjoyment of their mobile homes and can subject such tenants to the costs and inconvenience of relocation.

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3. The protection of mobile home park stock, mobile home residents and potential purchasers of mobile homes warrants the implementation of the safeguards contained in this section. Such safeguards are permissible pursuant to California Government Code Sections 65863.7 and 66427.4 and California Civil Code Section 798.56(f).

B. Definitions. For the purposes of this section, the following words are defined as follows:

1. "Conversion" means the change in use from a mobile home park to any other use (including, without limitation, those uses described in California Civil Code Section 798.10) or the closure of a mobile home park or the cessation of the use of the land as a mobile home park.

2. "Owner" means the owner, lessor or designated agent of a park.

3. "Park" means a mobile home park which rents spaces for mobile home dwelling units.

4. "Reasonable costs of relocation" means the costs involved in the relocation of each resident from a mobile home park which is being converted pursuant to this section.

5. "Resident" means the owner of a mobile home dwelling unit who is renting space from the owner of a park.

C. Applications for Mobile Home Park Conversions.

1. The use of property as a mobile home park shall not be changed for the purpose of conversion to any other land use until application for a mobile home park conversion has been approved by the planning commission or by the city council following an appeal.

2. No building permit shall be issued on property occupied by a mobile home park or any portion thereof, for any other use that would constitute a conversion as defined in this section until approval for mobile home park conversion has been obtained pursuant to this section.

3. Applications for a mobile home park conversion shall be made to the planning director with the filing fee prescribed by resolution of the city council. The application shall contain the following information:
a. Plans indicating the use for which an application for conversion is made; b. The timetable for conversion of the park;
c. The total number of spaces within the park, the number of spaces occupied, the length of time each space has been occupied by the present tenant and the monthly rent currently charged; d. The names and current addresses of each park resident; e. The report regarding the impact of the conversion upon the displaced residents of the mobile home park to be converted or closed which is required by Government Code Section 65863.7 (attached to the application);
f. The report regarding the impact of the conversion upon the displaced residents of the mobile home park to be converted or closed which is required by Government Code Section 66427.4 (attached to the application);
g. A statement indicating whether there has been an adjudication of bankruptcy involving the park and, if so, whether the closure of the mobile home park or cessation of use of the land as a mobile home park results therefrom and the specific information supporting any such assertion(s) or conclusion(s).

4. An application for a mobile home park conversion shall be subject to all other applicable laws, rules and/or regulations of the city and the state, including, but not limited to, Government Code Sections 65863.7 and 66427.4 and the provisions of the California Environmental Quality Act (California Public Resources Code section 21000, et seq.). This section is intended to be no more stringent or exacting

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than allowed by applicable state law. In the event that any provision of this section is determined to be in conflict with an applicable state law, such state law shall be controlling.

5. At least thirty days prior to a hearing or any other action on the application, the city shall notify the applicant in writing of the provisions of Civil Code Sections 798.55 and 798.56, Government Code Sections 65863.7 and 66427.4, and all applicable state and local requirements which impose upon the applicant the duty to notify residents of the mobile home park of the proposed change in use and shall specify in said notice the manner in which the applicant shall verify that residents have been so notified of the proposed change in use. Neither a hearing on the application nor any other action thereon shall be taken by the city before the applicant has satisfactorily verified that the residents of the park have been so notified in the manner prescribed by said city notice.

D. Procedures for Review.

1. After receiving the city notice described in subsection C5 of this section, the applicant shall be responsible for providing all required reports, notices and the like to the residents as may be required by law, including, without limitation, the reports and notices required by California Civil Code Sections 798.55 and 798.56 and Government Code Sections 65863.7 and 66427.4.

2. Within sixty days following the submission of all required information in connection with an application for a mobile home park conversion, including the notices and verifications of notice required by subsection C5 of this section, the application shall be set for public hearing before the planning commission. The public hearing shall be opened, conducted and closed within that sixty day period.

However, an extension or extensions cumulatively totaling no more than sixty additional days may be granted if mutually agreed to by the planning commission and the applicant.

3. The planning commission shall, within thirty days after the close of the public hearing, take final action on the application.

4. The planning commission shall approve, conditionally approve or deny a conversion application involving a proposed change of use (other than the simple closure of the mobile home park or cessation of the use of the land as a mobile home park) pursuant to its inherent implied and express local land use authority under both state and local law. The planning commission shall not deny but shall approve or conditionally approve (pursuant to subsection F of this section) a conversion application involving the simple closure of the mobile home park or cessation of the use of the land as a mobile home park, with no intended new use other than the closure or cessation; provided that the applicant has properly complied with the requirements of this section.

5. Any applicant, or any other person aggrieved, or any other person whose interests are adversely affected by any act or determination of the planning commission may appeal the act or determination to the city council in accordance with Section 17.50.060 of this title. For this purpose, the procedures therein set forth are incorporated herein and made a part of this section.

E. Findings. The planning commission, in considering an application for a conversion permit, shall accept and hear evidence, shall consider such evidence, and shall make written findings based on such evidence regarding each of the following factors (and any other factors as it deems appropriate):

1. Whether the reports submitted with the conversion application (pursuant to subsection C of this section) have been properly completed, and whether those reports evidence an adverse impact upon the displaced residents of the mobile home park which will be caused by the proposed conversion;

2. Whether there will exist at the time of conversion sufficient mobile home space availability within the city and/or surrounding areas to accommodate the mobile homes to be displaced by reason of the conversion;

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3. Whether the age, type and style of mobile homes within the park proposed for conversion are such that the mobile homes are able to be moved and accepted into other parks within the city or surrounding areas if such relocation of individual mobile homes is anticipated;

4. If the proposed conversion is to another residential use, whether the residents of the mobile home park will have first opportunity to purchase, if for sale, or occupy the new units and whether the construction schedule will result in unreasonably long term displacements;

5. Whether closure of the mobile home park or cessation of the use of the land as a mobile home park results from an adjudication of bankruptcy and the evidence supporting each finding;

6. Whether the proposed conversion is consistent with the city's General Plan, specific plan and/or zoning ordinance;

7. Whether the proposed conversion will be detrimental to the public health, safety and general welfare;

8. Whether all reports and notices required by law have been properly prepared and properly served.

Any proposed conversion of a mobile home park shall be consistent with and in conformance with, the city's General Plan, applicable specific plan and/or zoning ordinance, as well as all other applicable state and local regulations.

F. Conditions. In approving a mobile home park conversion, the city may attach reasonable conditions in order to mitigate the impacts associated with the conversion. However, such conditions shall not exceed the reasonable costs of relocation. Such conditions may include, without limitation, the following:

1. An effective date of the approval of the conversion of not less than six months from the date of the conversion application approval (as required by California Civil Code Section 798.56(f)) so as to provide sufficient time for the relocation of the mobile homes to other parks;

2. Full payment by the owner to each mobile home park resident of the resident's reasonable costs of relocation related to the conversion of the park;

3. In order to facilitate the intentions of the residents and owners with regard to a proposed conversion, the parties may agree to mutually satisfactory conditions. To be valid, however, such an agreement shall be in writing, shall include a provision stating that the resident is aware of the provisions of this section, shall include a copy of this section as an attachment and shall include a provision in at least ten point type which clearly informs the resident that he has the right to seek the advice of an attorney of his choice prior to signing the agreement with regard to his rights under such agreement and shall be drafted in the form and content otherwise required by applicable state law.

G. Application. The provisions of this section shall not apply if it is finally determined that the closure of a mobile home park or cessation of the use of the land as a mobile home park results from an adjudication of bankruptcy.

H. Prohibition of Waiver of Rights—Sanctions. It shall be unlawful for an owner to require that any resident or prospective resident, waive his or her rights under this section as a condition of tenancy. Any owner who wilfully and knowingly violates this subsection shall be guilty of a misdemeanor and upon conviction shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months or by both such fine and imprisonment.
(Ord. 16.76 § 1 (part), 1989)

17.44.080 Tree protection regulations.

A. Purpose and Intent. The city is forested with several varieties of native and significant trees which contribute greatly to the value of the land in the city and the preservation of which is necessary for the health, safety

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and welfare of the citizens of the city. It is the intent of this section to: (1) regulate the removal of protected trees within the city in order to preserve scenic beauty, and a diverse ecosystem, prevent erosion of topsoil, protect against flood hazard and risks of land slides, counteract pollutants in the area, maintain the climatic balance, decrease wind velocities; (2) retain as many trees as possible consistent with the reasonable enjoyment of private property. (3) preserve significant, healthy trees when development of property is proposed; and, (4) protect trees designated for preservation during the construction of new development projects.

B. Definitions. The terms used herein have the following meanings:

1. "Certified arborist" means an arborist who has experience in the Santa Cruz County area in preparing tree reports and has valid certification credentials. A list of certified arborists who meet these criteria shall be maintained by the planning department.

2. "City arborist" means a certified arborist retained by the City of Scotts Valley to provide professional arboricultural services to the city.

3. "Damage" means any action undertaken which may cause the death or significant injury, or which places a protected tree in a hazardous condition or in an irreversible state of decline. This includes but is not limited to tree cutting, excessive foliar crown removal, topping, girdling, or poisoning, or trenching, compacting or excavating within a tree's root zone.

4. "Drip line" means a line which may be drawn on the ground around a tree directly under its outermost branch tips and which identifies that location where rainwater tends to drop from the tree.

5. "Foliar crown" means the leaves and branches of a tree; the upper portion of a tree from the lowest branch on the trunk to the top of the tree.

6. "Heritage trees" means trees which have been identified because of unique quality and/or size as the most significant and noteworthy in the city and which have been listed in an adopted resolution of the city council as to common name, location and the reason for listing.

7. "Protected tree" means a standing or upright tree meeting any one of the following:
a. Any tree having a main stem or trunk which measures twenty-five inches or greater in circumference (eight 8 inches in diameter, approximately) measured fifty-four inches above natural grade, located in a hillside residential zone where the slope of the area within twenty feet of where the tree is located exceeds twenty percent;
b. Any tree which existed at the time of any approval granted under any zoning ordinance in effect prior to the adoption of the ordinance codified in this title and which was required to the preserved as part of such approval;
c. Any tree required to be planted as condition of any approval under this title; d. Any tree that was or is required to be planted as a replacement for any unlawfully removed tree; e. Any oak tree having a main stem or trunk which measures twenty-five inches or greater in circumference (eight inches diameter, approximately) measure fifty-four inches above natural grade. Any multi-trunk oak with an individual trunk of over twelve inches in circumference (four inches diameter, approximately) measured fifty-four inches above the natural grade; f. Any street tree, as defined in subsection B.9, regardless of size; g. Heritage tree, as adopted in a resolution approved by the city council and shown on the map on file in the planning department;
h. All trees which have a forty-inch or greater circumference of any trunk measured fifty-four inches above the natural grade or, in the case of multi-trunk tress, a total of above the natural grade.

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This provision shall not apply to the following trees: eucalyptus (blue gum), fruit trees and acacias. It also shall not apply to any bat laurel below and located within the drip line of any established oak tree.

8. "Pruning or trimming" means the removal of superfluous parts, branches or shoots from a plant or tree for better shaped or more fruitful growth.

9. "Street tree" means any tree within five feet of public or private street or right-of-way.

10. "Tree" means a woody perennial plant characterized by having a main stem or trunk or a multistemmed trunk system with more or less definitely formed crown, usually over ten feet high at maturity. This definition shall not include trees planted, grown and held for sale by licensed nurseries or the first removal or transplanting of such trees pursuant to and as part of the operation of a licensed nursery business.

11. "Tree removal" means the killing of a tree by any means.

12. "Tree root zone" means an area extending five feet beyond the tree's drip line.

C. Protection of Trees. No person shall willfully cause or permit any condition which may damage a protected tree, including but not limited to the following:

1. Maintenance of a tree irretrievably infested or infected with insects or disease that could be detrimental to the health of any adjacent protected tree.

2. Alteration of natural grade around any protected tree that impacts the flow of air, moisture or nutrients, or degrades the function of feeding or structural roots of a protected tree. This regulation does not include landscaping improvements which were approved by the city with an original development approval. Landscaping projects which are not subject to city review for existing development are not subject to this requirement unless a project was approved with conditions regarding location of landscaping or protection of trees.

3. Storage of building materials or parking of vehicles or equipment within the root zone of a protected tree during development, unless specifically authorized by the city and under the direction of a certified arborist.

4. Application of any substance which might be detrimental to the health of any protected tree.

5. Driving metal stakes into tree trunks or stems or the root zone for any purpose other than to support a protected tree.

6. Open flames within fifteen feet of the foliar canopy or trunk of a protected tree.

D. Tree Removals Subject to Obtaining a Permit. Except as otherwise provided in subsection E, it is unlawful for any person to damage, destroy or remove, or cause to be damaged, destroyed or removed, any protected tree defined in subsection B.7, upon any private or public property in the city without first having obtained a permit to do so issued pursuant to this chapter. Exceptions to obtaining a permit provided in subsection E.

E. Exceptions. The permit requirement set forth in subsection D shall not apply to any of the following:

1. Emergencies. If the condition of a tree presents an immediate hazard to life or property, or if the city has determined that a tree is a hazard to other protected trees via in infestation or disease which presents an imminent hazard to other protected trees in the vicinity, it may be removed without a permit on order of the city manager, the city engineer, building inspector, community development director, a peace officer employed by the Scotts Valley police department, or an employee of the Scotts Valley Fire Protection District acting in the course and within the scope of employment. The community development director shall require a written determination from a certified arborist to confirm the immediate or imminent hazard of the tree when the situation warrants such confirmation.

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2. City Employees. Employees of the city may without a permit take such action with regard to trees on city-owned property as may be necessary to maintain safety unless such trees are designated as Heritage trees. If a Heritage tree is to be removed, a tree removal permit is required pursuant to subsection D and G unless an emergency exists pursuant to subsection E.1.

3. Public Utilities. Public utilities subject to the jurisdiction of the state public utilities commission may without a permit take such action as may be necessary to comply with the safety regulations of the public utilities commission and as may be necessary to maintain a safe operation of their facilities.

4. Project Approval. Where removal of a tree has been specifically authorized as part of any development application approved by the planning commission or city council under any other provision of this title, no additional permit shall be required for removal of such tree. Tree removal request shall be included as part of the development application, including an arborist's report, and shall be approved by the planning commission or city council. The development review process shall include a review of the information and requirements set forth below for the purpose of preserving healthy trees, trees that contribute to the overall aesthetic quality of an area, and to preserve significantly sized trees that are important to the overall landscape of an area. The development application shall the following information, and prior to deeming an application complete, shall be subject to the following process for review:
a. All development plans, and landscaping and irrigation plans shall show all trees and indicate size and species with locations, drip lines and tree root zones properly surveyed. b. The city arborist shall perform a resource evaluation, tree survey, and/or impact report using the plans provided by the applicant. The city arborist shall make recommendations for trees requiring removal or appropriate for preservation. The report shall include procedures for pre-construction treatment and alternative construction methods. In addition, requirements for Preservation and Maintenance, contained in sub-section I shall be considered and appropriate conditions for long term maintenance of preserved trees shall be evaluated. c. Tree preservation measures shall be incorporated as conditions of permit approval. d. The city 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. If damaged 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.
e. During the pre-construction phase of development the city 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. f. The city arborist shall routinely inspect the development site through the term of the project. g. The cost of the city arborist review and implementation of conditions, site inspection and related work shall be borne by the applicant.

F. City-Required Removal of Trees. On order of the city manager, city engineer, building inspector, community development director, peace officer employed by the City of Scotts Valley police department or an employee of the fire district, a dead or diseased non-heritage tree may be required to be removed if it is determined to be a potential threat or if its removal is determined to be beneficial to the health and safety of surrounding vegetation or property.

G. Applications. Application for a tree removal permit for any tree protected in this section shall be filed with the city planning department on forms prescribed by the community development director, and shall be accompanied by a fee as set forth by resolution of the city council. The application shall contain the number

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and location of each tree to be removed, the type and approximate size of the tree, the reason for removal, and such additional information as the community development director may require. The city shall mail notices to at least the five closest neighboring property owners, the Scotts Valley planning commissioners and others deemed necessary by the community development director. The planning staff will determine who will receive the notice.

H. Processing of and Determinations on Tree Removal Permits.

1. Permit. Applications for removal of all protected trees except Heritage trees shall be reviewed and determined by the planning director. Permit application for removal of Heritage trees shall be reviewed and determined by the planning commission.

2. Criteria. Each application for a tree removal permit shall be reviewed and a decision rendered on approval or denial (in whole or in part) on the basis of following criteria:
a. The condition of the tree with respect to disease, danger of falling, proximity to existing or proposed structures, and interference with existing utility services; b. The topography of the land and the effect of the tree removal upon erosion, soil retention and the diversion or increased flow of surface waters;
c. The number, species, size and location of existing trees in the area and the effect the removal would have upon shade, sunlight, privacy, scenic beauty, wildlife, noise, air quality, wind, health, safety, prosperity, historic values and general welfare of the area and the city as a whole.

3. Additional Recommendations. The community development director or planning commission may refer the application to another department, commission or person for a report and recommendation. They may also require the applicant to furnish a written report from a certified arborist as identified on the list maintained by the planning department, such report to be obtained at the expense of the applicant.

4. Dead or Diseased Tree(s).
a. If a property owner is required to presents a written report from a certified arborist, which identifies a tree(s) as dead or diseased and recommends removal, no fee shall be charged if such disease is considered terminal or can be spread to other trees causing further damage, disease or death.
b. If a property owner has been directed by city staff to remove a potentially destructive, dead or diseased tree, no tree removal permit shall be required. c. If a request is filed to remove a dead tree, such tree shall be inspected by the community development director, and if determined to be dead, no fee for a permit to remove such tree shall be required nor shall any of the procedures for dead trees shall be processed within three (3) business days. Failure to process the permit within three (3) days results in approval of the permit and the tree can be removed.

5. Decision by Community Development Director of Planning Commission on Permits and Replacement Tree(s) Requirements.
a. The community development director shall render a decision on the permit in accordance with the adopted processing schedule maintained by the planning department. The director may grant or deny the application or grant the same with conditions, including, but not limited to, the condition that one or more replacement trees be planted of a species and size, at on or off site location(s) as designated by the community development director. Any such replacement trees shall be planted and maintained on the same site at the expense of the applicant. When a site is not of a sufficient size or other factors determined by the community development director

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warrant placement of trees off-site, such replacement tree(s) shall be substituted by payment of a fee to the city's tree replacement fund. When a permit is granted, denied or conditions attached, the community development director shall provide the applicant with a written statement of the reasons for said grant, denial or conditions based on the criteria of this subsection.
b. [Reserved.]
c. The planning commission may request a tree removal permit to be reviewed by the planning commission during the initial notice period or by an appeal of the community development director's decision on a tree removal permit. If such request is made during the initial notice period, the community development director shall place such permit on the next available planning commission agenda. No action on the permit can be taken until the permit is reviewed and an action is taken by the planning commission. Action by the planning commission shall be in accordance with the criteria for approval of a tree removal permit as contained subsection H.2.

Notwithstanding any other provision of this code, the decision of the planning commission on any tree removal permit shall be final.
d. An application to remove any heritage tree shall be considered by the planning commission at a public hearing schedule for the next available planning commission meeting from the date the permit is filed. Notice of the public hearing shall be given pursuant to Section 17.50.090 of this title. The planning commission may grant or deny the application or grant the same with conditions, including, but not limited to, the condition that one or more replacement trees be planted of a species and size and at locations as designated by the planning commission. Any such replacement trees shall be obtained and planted at the expense of the applicant. When a permit is granted, denied or conditions attached, the planning commission shall provide the applicant with a written statement of the reasons for said grant, denial or conditions based on the criteria of this subsection. Notwithstanding any other provision of this code, the decision of the planning commission shall be final.
e. Notice of the community development director's or planning commission's decision on any application for a tree removal permit shall be made by first class mail, postage prepaid, to the owners of the five closest neighboring properties, or others as required in subsection G and to any other person who has filed with the community development director a written request for such notice.

6. Denial of Tree Removal Permits. If a tree removal permit is denied by the community development director or planning commission, a re-application for removal of the tree(s) may be made at any time if conditions change or significant new information becomes available.

I. Preservation and Maintenance.

1. The existing ground surface in the tree zone of any protected trees shall not be cut, filled, compacted or paved as a part of any new development project unless specifically recommended by a certified arborist. Specific attention to paving or covering soil within the tree zone of the any protected trees shall be evaluated to ensure the long term health of the tree(s). All cut fill, compaction and paving within the tree root zone of any protected tree shall be reviewed by a certified arborist and appropriate recommendations made based upon the conditions relative to the particular site and the condition and type of tree being affected. When conditions are applied to new development projects for preservation of specific tree(s), such conditions shall be applied to the future preservation and maintenance of the tree(s) after construction is complete.

2. When a proposed development complies with subsection E.4 and still encroaches into the tree root zone of any protected tree, special construction techniques shall be employed to permit the roots to

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remain undisturbed. The special construction techniques, as recommended by a certified arborist, may be required to be submitted with the application for building permits.

3. Excavation adjacent to any protected tree shall not be permitted where material damage to the root system will result. In questionable situations, the applicant shall provide substantiated documentation acceptable and satisfactory to the certified arborist and the community development director showing that the trees will be properly protected. Posting of a bond to insure tree protection may be required at the discretion of the community development director.

4. Chain link fencing with posts sunk in the ground or other fencing method approved by the city arborist shall be installed in locations surrounding tree(s) to be preserved during all construction activities on site. The location of the fencing shall be as determined by the certified arborist and community development director. Such fencing shall be installed by the applicant and inspected prior to issuance of a grading and building permit.

5. Landscaping and irrigation plans within the tree root zone of any protected tree(s) shall be reviewed and recommended by a certified arborist.

J. Appeal.

1. The applicant or any other interested person may appeal the decision of the community development director to the planning commission whose decision shall be final. Notice of the hearing shall be provided in the same manner as notice in subsection G. Notice of the planning commission's decision shall be forwarded to applicant within twenty-one days of the date of the decision.

2. Where an application for a tree removal permit has been granted and the community development director determines that the tree in question presents a clear and immediate threat of causing injury to persons or property, the community development director may issue the tree removal permit prior to expiration of the appeal period.

K. Designation of Heritage Trees. Any member of the public may petition the city council in writing to designate a tree or group of trees of the heritage tree inventory and the city council shall consider the request. A tree or group of trees may be designated as heritage tree(s) by resolution of the city council upon their finding that the tree(s) is/are of outstanding value because of any of the following reasons: age, size, aesthetics, history, uniqueness, tradition, or location. Trees designated as heritage trees shall be included in the heritage tree inventory.

L. Removal from Heritage Tree Inventory. A tree or trees shall be removed from the heritage tree inventory upon adoption of a resolution by the city council based on findings of the city arborist that:

1. The tree or trees is/are dead, or

2. The tree or trees is/are irreparably damaged so that they will not survive, or

3. The tree or trees is/are damaged, diseased, infested or infected so that they are a hazard to public health and safety or to other trees, or

4. The tree or trees has/have been removed with the required tree removal permit for one of the above reasons, or

5. The tree or trees longer retain or hold the value for which they were placed upon the heritage tree list.

M. No Liability Upon City. Nothing in this section shall be deemed to impose any liability upon the city or upon any of its officers or employees, nor to relieve the owner or occupant of any private property from the duty to keep in safe condition any trees and shrubs upon his property or upon a public right-of-way over his property.

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N. Enforcement. The community development director of the city, and his/her duly authorized representatives, are authorized and directed to enforce all the provisions of this chapter. Whenever activity is being done in violation of this chapter, the community development director may order the work stopped by notice in writing served on any persons engaged in such activity and such persons shall stop immediately until authorized by the community development director to proceed with such activity.

O. Violations—Penalties. The violation of any provision contained in this chapter is declared to be unlawful and shall constitute a misdemeanor and a public nuisance, subject to the penalties as prescribed in Chapter 1.08 of this code. Such penalties may be waged also against a certified arborist or contractor who performed work in violation of this section. In addition thereto, any person unlawfully removing, destroying or damaging any protected tree shall be penalized as follows:

1. Replacing the unlawfully removed tree with one or more new trees which, in the opinion of the community development director or planning commission, will provide equivalent aesthetic quality in terms of size, height, location, appearance, age and other characteristics of the unlawfully removed tree. Such trees may be required to be located either on or off of the site where the tree was removed.

2. Where similar replacement trees will not provide reasonably equivalent aesthetic quality because of the size, height, location, appearance, age and other characteristics of the unlawfully removed or damaged tree, the community development director shall calculate the value of the removed tree in accordance with the latest edition of the Guide for Establishing Values of Trees and Other Plants, as prepared by the council of tree and landscape appraisers. Upon the determination of such value, the community development director may require either a cash payment to the city, and/or the planting of replacement trees as designated by the community development director, or any combination thereof, in accordance with the following:
a. To the extent that a cash payment is required for any portion or all of the value of the removed tree, and
b. To the extent that the planting of replacement trees is required, the retail costs of such trees, as shown by documentary evidence satisfactory to the community development director, shall be offset against the value of the removed or damaged tree, but no credit shall be given for transportation, installation, maintenance and other costs incidental to the planting and care of the replacement trees.

3. Where a violation(s) of this section has previously occurred with the same property owner, agent, certified arborist or contractor or advance knowledge of the requirements of this section have been provided to the property owner, agent or certified or contractor, the community development director or planning commission, at their discretion, shall require payment of a penalty fee pursuant to subsection O.2.

4. In the event a violation is performed under the direction of a certified arborist, the certified arborist shall be removed from the city's list for a minimum of one year. If the certified arborist wishes to be placed back on the list after one year, a written confirmation of agreement to abide by the these regulations shall be submitted and approved by the community development director. Repeat violations of these regulations by a certified arborist is basis to permanently remove the certified arborist from the City's lists.

5. All applications and permit fees paid to the city shall be forfeited. (Ord. 16.94 § 1; Ord. 16.104 § 2, 1998; Ord. 16-114 § 4, 2002; Ord. 16.123, § 54, 9-5-2007)

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17.44.100 Congregate senior housing facilities.

A. Applicability. A congregate senior housing facility may be established on any site that is within the planning area of the General Plan designated for medium high density (or greater) residential use and which the General Plan further designates as a "special consideration area" for a congregate senior housing facility upon securing a conditional use permit therefor from the planning commission, provided the project consists of five or more dwelling units.

B. Definition. "Congregate senior housing facilities" means a housing project or portion thereof, designed to serve the housing needs of a particular segment or group of elderly persons. Such projects frequently include nonresidential facilities such as stores, garages, dining rooms, recreation facilities, chapels, health and related services and functions to provide for the needs of the residents.

C. Provisions For Density Bonuses. In evaluating any use permit application for congregate facilities, the planning commission shall allow a density bonus for any such project in accordance with the formula established below, where the developer agrees to construct at least twenty five percent of the total units for persons and families of low or moderate income as defined in Section 50093 of the Health and Safety Code, or ten percent of the total units for lower income households, as defined in Section 50079.5 of the Health and Safety Code, or fifty percent of the total units for "qualifying residents" as defined in Section 51.2 of the Civil Code. The planning commission shall determine the size of the density bonus based on the size of the project and its location.

1. No density bonus shall be less than twenty five percent of the maximum allowable residential density otherwise permitted under the applicable zoning district regulations and land use element of the General Plan.

2. The density bonus shall not be included when determining the number of housing units which is equal to ten or twenty five or fifty percent of the total units referenced above.

3. Subject to the provisions of subdivisions 1 and 2 of this subsection a density bonus of up to seven units for every unit to be constructed and committed for one or more of the income groups referenced above shall be allowed subject to a maximum density bonus equivalent to 2.5 times the maximum number of units otherwise permitted under the applicable zoning district regulations and land use element of the General Plan, provided that the maximum density, including density bonuses in any General Plan designation area, shall be no greater than thirty-five units per acre.

4. Within the parameters specified in subdivision 3 of this subsection, the planning commission shall determine the density bonus to be allowed by giving due consideration to the size of the site, the character of the surrounding area and uses located therein, the proximity of the site to shopping centers and major arterials, the accessibility of the site, the proximity of the site to recreational areas and medical facilities, the topography of the site and any other factors that may be pertinent to a proper evaluation of the density bonus to be allowed.

D. Design Criteria and Performance Standards. Design criteria and performance standards for the zoning district regulations applicable to the site shall be satisfied, except as modified herein.

1. Minimum unit size:
a. Studio, 400 square feet,
b. One bedroom, 600 square feet,
c. Two bedroom, 800 square feet;

2. All units shall consist of studios and/or one- bedroom or two bedroom dwelling units;

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3. Kitchen facilities. Minimum kitchen facilities shall contain a small one basin sink, a half size (nine cubic foot) refrigerator and two burner stove top;

4. Individual bathrooms shall be required for all units and shall meet the following standards:
a. Handrail shall be provided in bathroom,
b. Nonskid surfaces shall be installed for floors, tubs and showers, c. Each bathroom shall be equipped with a tub or shower, d. All showers shall contain a built in seat with grab bars for safety purposes;

5. Each unit shall be equipped with an intercom system that will allow for two way communication with the central management area;

6. Handrails shall be provided the full length of all hallways on both sides, with occasional seating if hallway length exceeds fifty feet;

7. Transportation services. Van services shall be provided in accordance with a program designed and maintained to meet the reasonable transportation needs of the residents of the project. The planning commission shall approve the transportation services plan proposed for the congregate senior housing facility;

8. Adequate organized physical activity or activities shall be provided on site;

9. Peepholes shall be required in all unit entryway doors;

10. Twenty four hour security staff shall be provided for the site;

11. All building exteriors and exterior walkways shall be well lit, but glare shall not be directed onto adjacent properties or streets;

12. A minimum of two emergency pull cords or buttons shall be provided for each unit, one of which shall be located in the bathroom near the toilet, tub or shower;

13. Management must possess a thorough knowledge of the needs of the elderly as well as expertise in property management;

14. A central management area shall be provided in the facility. This area shall be equipped to handle communications from residents on a twenty four hour per day basis;

15. A minimum of two hot meals per day shall be provided;

16. A snack bar shall be located in or adjacent to the central dining area where sandwiches, fruit, soft drinks and assorted items can be purchased;

17. An area shall be located on the premises where sundry items such as soap, toilet paper, paper towels, toothpaste and similar items can be purchased;

18. Areas of a room must be provided for group meetings, social interaction, exercising and/or other activities;

19. All entrances and exits, including to and from dwelling units, shall be wheelchair accessible from outside and inside the building;

20. Parking for residential, staff and visitor purposes shall be in the ratio of one space for every three units with sufficient space set aside to increase parking to a ratio of one space per two units;

21. All units shall be wheelchair adaptable;

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22. All services, amenities and other features of the facility, in addition to rent levels, shall be disclosed in writing to a prospective tenant prior to the execution of any rental or lease agreement;

23. All units shall be available for rental congregate senior housing only.

E. Agreement Required. Prior to the issuance of any building or grading permit for the project, the applicant shall enter into an agreement with the city:

1. Whereby the requisite number of units to be committed to the purposes specified in subsection C of this section shall be committed indefinitely;

2. Which requires the applicant to pay for the cost of an appropriate rental and monitoring program that will ensure that the requisite number of units to be committed for the applicable purposes specified in subsection C of this section are utilized appropriately;

3. Whereby the rental and monitoring program referenced in subdivision 2 of this subsection shall be satisfied, at the option of the city, by the execution of an agreement between the city and the Santa Cruz County housing authority (or similar public housing agency) for the institution and maintenance of a rental processing and monitoring program, with the applicant being required to enter into appropriate agreements with the Santa Cruz County housing authority (or similar housing agency) consistent and in accordance therewith;

4. Which requires that the provisions of any agreement specified in subdivisions 1 through 3 of this subsection shall be treated as conditions running with the land, shall be binding on and inure to the benefit of any successor(s) in interest of the parties thereto, shall be referenced in any deed or other document whereby the land or any interest, right and/or title therein is transferred or otherwise conveyed to any other person and shall be recorded in the Santa Cruz County recorder's office;

5. Which contains appropriate provisions relating to enforcement of the terms and conditions thereof by the city and/or the Santa Cruz County housing authority (or similar public housing agency).

Any such agreements shall be approved by the city attorney and city council.

F. Other Requirements.

1. The design criteria and performance standards specified in subsection D of this section are intended to and shall apply to all congregate senior housing facilities except to the extent that such criteria and standards are preempted now or in the future by applicable provisions contained in any statute, rule or regulation of the state of California, including without limitation any such provisions set forth in Title 24 of the California Administrative Code. The design criteria and performance standards set forth in subsection D of this section are intended to and shall supplement the provisions of any state or local statute ordinance, rule or regulation otherwise applicable to congregate senior housing facilities.

2. The provisions of any use permit issued hereunder shall be considered to constitute covenants and/or conditions running with the land and the use permit shall be recorded at the Santa Cruz County recorder's office prior to issuance of any building or grading permit. (Ord. 16.76 § 1 (part), 1989)

17.44.110 Emergency shelters.

A. Purpose. The purpose of these regulations is to provide operational and management standards for emergency shelters. The regulations contained herein are intended to establish compatibility with surrounding uses.

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B. Standards. In addition to development standards in the applicable zoning district, emergency shelters shall comply with the following standards, Operational standards and management standards for emergency shelters. eEmergency shelters shall be subject to and comply with the following standards and regulations:

1. Length of Stay. The maximum term of staying at an emergency shelter is six months in a consecutive twelve-month period.

1. Limited terms of stay. The facility shall operate on a first come, first serve basis with clients only permitted on-site and admitted to the facility between 6:00 p.m. and 7:00 a.m. (PDT), and 5:00 p.m. and 7:00 a.m. (PST). Clients must vacate the facility by 8:00 a.m. and have no guaranteed bed for the next night. A curfew of 10:00 p.m. (or earlier) shall be established and strictly enforced. Clients shall not be admitted after the curfew.

22. Siting. To avoid over concentration of emergency shelter facilities, a minimum distance of three hundred feet shall be maintained from any other emergency shelter, as measured from the property line.

3. Restroom Facilities. Service providers shall provide sufficient numbers of male and female toilets/restrooms for clients and prospective clients to have access to use on a twenty-four-hour basis.

For group housing and other similar shelter programs, adequate private male and female showers shall be provided along with lockers for clients to temporarily store their belongings.

4. Outdoor Storage. Any outdoor storage, including but not limited to, items brought on-site by clients for overnight stays, shall be screened from public view by a minimum six-foot tall decorative wall or fence.

Shopping carts are not permitted on site.

35. Waiting Areas. Adequate wWaiting areas must be provided within the premises for clients and prospective clients including of at least ten square feet per bed and a, minimum of one hundred square feet to ensure that public sidewalks or private walkways are not used as queuing or waiting areasregardless of the number of beds. Facility improvements shall comply with the Scotts Valley Municipal Code and the most current adopted Building and Safety Code, specific to the establishment of dormitories.

46. Off-Street Parking. An emergency shelter facility shall provide off-street parking at the ratio of one space per three beds, and/or 1.0 per bedroom designated as a family unit with children, plus one space per staff member when the greatest number of employees are on duty. Service providers are responsible to provide and maintain adequate parking and freight loading facilities for employees, clients, and other visitors who drive to the premises.

57. Bicycle Parking. Secure bicycle rack parking shall be provided at the facility at a rate of one space per three staff members when the greatest number of employees are on duty space per three beds.

68. Lighting. Adequate eExternal lighting shall be provided for security purposes. The lighting shall be stationary, directed away from adjacent properties and public rights-of-way, and of intensity compatible with the neighborhood.

7. 9. Additional Service Areas. The facility may provide the following services in a designated area separate from sleeping areas:
a. A recreation area inside the shelter or in an outdoor area visually separated from public view by a minimum six-foot tall visually screening decorative wall or fence. b. A counseling center for job placement, education, health care, legal services, or mental health services.
c. Kitchen and dining area.
d. Client storage area.

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10. Outdoor Activity. For the purpose of noise abatement, organized outdoor activities may only be conducted between the hours of 9:00 a.m. and 10:00 p.m. (PDT and PST)

11. Refuse. Emergency shelters shall provide a refuse storage area that is in accordance with the requirements of the public works department.

12. Business License. Emergency shelter operators shall obtain a city business license.Onsite Management.

The emergency shelter shall provide onsite management during all hours of operation.

13. Shelter Management Plan. A shelter management plan shall be submitted as part of the permit application, which addresses all the following:
a. All graffiti on the premises shall be removed by the shelter operator within twenty-four hours. b. Installation of anti-loitering signs.
c. Service providers shall maintain sufficient monetary resources to enable them to operate the facility per the shelter management plan, and shall demonstrate to the city prior to approval of the permit application that such funds shall be available for use upon first occupancy of the proposed shelter and shall reasonably be expected to be available for the life of the project. d. A minimum one staff member per fifteen beds shall be awake and on-duty when the facility is open. Facility staff shall be trained in operating procedures, safety plans, and assisting clients.

The facility shall not employ staff members who have been convicted of a felony or who are required to register as a sex registrant under Penal Code 290. e. Service providers shall maintain up-to-date information and referral sheets to give clients and other persons who, for any reason, cannot be served by the emergency shelter. f. Service providers shall provide criteria to screen clients for admittance eligibility, with the objective to provide first service to individuals with connections to Scotts Valley. g. Service providers shall continuously monitor waiting areas to inform prospective clients whether they can be served within a reasonable time. If they cannot be served by the provider because of time or resource constraints, the monitor shall inform the client of alternative programs and locations where he or she may seek similar service.
h. Service providers will educate on-site staff to provide adequate knowledge and skills to assist clients in obtaining permanent shelter and income, including referrals to outside assistance agencies. An annual report on this activity will be provided to the city. i. Service providers shall provide the timely removal of litter attributable to clients within the vicinity of the facility every twenty-four-hour period. j. Service providers will maintain good communication and have procedures in place to respond to operational issues which may arise from the neighborhood, city staff, or the general public. k. Service providers shall establish standards for responding to emergencies and incidents expelling clients from the facility. Re-admittance policies for clients who have previously been expelled from the facility shall be established.
l. Alcohol and illegal drug use is prohibited on-site. Service providers shall expel clients from the facility if found to be using alcohol or illegal drugs. m. The facility shall implement other conditions and/or measures as determined by the city, in consultation with other city/county agencies necessary to ensure that management and/or clients of the emergency shelter maintain the quiet, safety, and cleanliness of the premises and the vicinity of the use.

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814. Code Requirements. The facility shall comply with all other laws, rules, and regulations that apply including, but not limited to, building and fire codes. The facility shall be subject to city inspections prior to the commencement of operation. In addition, the city may inspect the facility at any time for compliance with the facility's management plan and other applicable laws and standards. (Ord. No. 16-138, § 4, 7-15-2015)

17.44.120 Cultural resource preservation commission.

A. Establishment of the Commission. For the protection of cultural resources, both historic and prehistoric, the city shall establish a cultural resource preservation commission (CRPC). It shall be responsible for safeguarding the city's prehistory and history in accordance with Sections 17.44.130 and 17.44.140 of this chapter.

B. Membership of the Commission. This commission shall have seven members who shall be the five members of the city's planning commission and two cultural members who shall be residents of the planning area of Scotts Valley and have exceptional knowledge of the history or prehistory of the area. One of the two cultural members shall be nominated for appointment by the Santa Cruz Archaeological Society and one member shall be nominated for appointment from the Scotts Valley Historical Society. They shall each be confirmed or denied appointment by the city council. If denied appointment, the nominating agency may propose another candidate until someone is properly selected.

C. Powers and Duties. When the CRPC meets, it shall have the same powers to condition a project as the planning commission within those matters prescribed in Sections 17.44.130 and 17.44.140. Conditions on projects determined by the seven-member CRPC cannot be altered by the planning commission later meeting on the same project as the planning commission, but the planning commission may reconvene the CRPC for further discussion of any project, prior to final approval.

D. Terms. Each member of the CRPC shall be appointed to a four-year term. From the effective date of this chapter the first term of the member from the Scotts Valley Historical Society shall be two years.

E. Vacancies. A vacant position will be filled for the remainder of the original term in the same manner as a regular nomination.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.101 § 1, 1996)

17.44.130 Cultural resource preservation.

A. Policy and Purposes. Pursuant to the California Environmental Quality Act, it is incumbent upon the city as a public agency to protect the interest of the public by providing for the identification, protection, enhancement, perpetuation and use of archaeological resources and sites within the city that reflect special elements of the city's prehistoric and historic archaeological heritage. The city council finds and declares that the sites of these resources (hereinafter alternatively referred to as "cultural resources" and "cultural resource sites") are unique, nonrenewable, irreplaceable and significant areas containing evidence of past human activity; and that such sites constitute a precious prehistoric and historic heritage, which is (or is in danger of) rapidly disappearing as a result of public and private land development and/or modification activities. It is the policy of the city to preserve and protect these resources because of their cultural, educational and scientific values; and to recognize that these resources are rightfully the legacy of future generations.

1. The city council, concurring with the State Legislature, finds and declares that:

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a. The safeguarding of the city's heritage as embodied and reflected in such resources is a matter of city- wide concern.
b. It is the intent of the city council to encourage public knowledge, understanding and appreciation of the city's past.
c. There is a need to foster civic and neighborhood pride and a sense of identity based on the recognition and use of cultural resources.
d. It is necessary to promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the city.
e. There is a need to enhance property values and to increase economic and financial benefits to the city and its inhabitants.
f. It is necessary to protect and enhance the city's attraction to tourists and visitors (thereby stimulating business and industry).
g. There is a need to identify as early as possible and resolve conflicts between the preservation of cultural resources and alternative land uses.
h. Every citizen has a right and a responsibility to contribute to the preservation and enhancement of our cultural heritage.
i. It is the intent of the city council that the city regulate activities of private individuals, corporations and public agencies which are found to affect the purposes of this section so that major consideration is given to preventing damage to cultural resources.

2. The city council, concurring with the State Legislature, further finds and declares that it is the policy of the city to:
a. Integrate the preservation of archaeological resources and the extraction of relevant data from such resources into public and private land-management and development processes; b. Develop and maintain a cultural resource conservation and protection environment now and in the future and take all actions necessary to protect and enhance the cultural resource heritage of the city;
c. Ensure that the long-term protection of the cultural resource heritage shall guide public decision; d. Require consideration of protection of cultural resources as well as economic and technical factors and long-term benefits and costs in addition to short-term benefits and costs; and consider alternatives to proposed actions affecting the cultural resource heritage of the city in land-use management and development activities.

3. Nothing contained herein shall supersede the powers of other local legislative or regulatory bodies or relieve any person of responsibility for complying with the requirements of any other state statutes or municipal ordinances or regulations.

B. Scope of Application—Construction—Limitation. This section shall apply to archaeological resources and sites only, both historic and prehistoric, as defined and referenced herein and shall have no application to historic landmarks (which are the subject of separate treatment and regulation pursuant to Section

17.44.140 of this chapter).

This section shall be construed and applied in a manner designed to achieve its purposes, subject to the limitation that it shall not be construed or applied in any manner or fashion that is violative of or contrary to or be held to demand requirements or conditions or the expenditure of funds in excess of or contrary to, the provisions of controlling state law, including without limitation, and where applicable, the provisions of Section 21083.2 of the Public Resources Code.

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Scotts Valley City CouncilNovember 20, 2024

Scotts Valley City Council
November 20, 2024