Agenda packet — Scotts Valley City Council, November 20, 2024 (part 3 of 4)

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C. Definitions. Unless the context requires otherwise, the following definitions shall be used in the interpretation of this section:

1. "Alteration" means any change, modification, alteration, disruption or disturbance of land or earth materials, such as rock or soil, involving the movement or removal of more than four cubic yards, including but not limited to excavation, filling, grading, surface grading, land clearing, topsoil removal, trenching, construction or other ground disturbance, through public or private action, resulting in an impact, either direct or indirect, on a cultural resource.

2. "Archaeological excavation" means removal of the soil from its matrix in order to discover and retrieve archaeological data from beneath the ground, thereby revealing a three-dimensional structure of the data and matrix, both vertically and horizontally.

3. "Archaeological resource" means cultural resource.

4. Archaeological Resource Site. See "Designated cultural resource site."

5. "Artifact" means material remains which provide evidence of the activities of prehistoric culture or historic occupation.

6. "Burial" means the process of placement of human remains in a grave inside or outside of a burial park, or the results of such process.

7. "City" means the City of Scotts Valley.

8. "Commission" means the Cultural Resource Preservation Commission of the City of Scotts Valley.

9. "Cultural resource" means any material remains of past human life or activities which are of historic or prehistoric value or interest. Cultural resources remain from the prehistoric and historic periods and occur either below or above the ground.
a. "Historic cultural resource(s)" means any archaeological site, including but not limited to, structural ruins, roadways, trails or transportation networks, cemeteries, artifact caches, bones, ceramics or other physical manifestations significant to an understanding of historic settlement and development, which has existed from or after the beginning of written recorded history for the area (which is generally considered to be circa 1750). b. "Prehistoric cultural resource(s)" means any archaeological site, including but not limited to any mound, midden, cave, place of settlement, burial ground, ceremonial site, mine, trail, rock art or other feature or location of prehistoric native Californians. The material remains of prehistoric cultures include, but are not limited to, stone tools, weapons, human skeletal materials, graves, walls and other natural or manmade objects or features significant to the area's prehistoric past. "Prehistoric" refers to anything which existed before the beginning of written recorded history for the area.

10. "Cultural resource alteration permit" means a permit required before alterations to known cultural resources can be undertaken or when potentially significant resources are in danger of being affected by human activity. The permit establishes conditions which shall be met before project development may be undertaken or resumed.

11. "Cultural resource consultant" means an appropriately qualified archaeologist or historic archaeologist who has appropriate expertise in field research and management of cultural resources as herein defined and in other pertinent disciplines and who has a demonstrable familiarity with the prehistory and history of the city and region. This person shall be qualified to undertake specialized archival research, field identification and scientific exploration of cultural resources. The consultant shall be qualified to make appropriate management recommendations based on the provisions of this section and other applicable local, state and/or federal laws, rules and/or regulations.

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12. "Cultural resources inventory" means a regularly updated listing of parcels identified by current Assessor's Parcel Number that are located within five hundred feet of a known archaeological site. The cultural resource preservation commission is responsible for the maintenance of such inventory. In conformance with the State Attorney General's advisement to the State Historic Preservation Officer regarding protection of fragile cultural resources from vandalism, the identification listing is made available to the public only on a need-to-know basis.

13. "Cultural resource report" means the types of cultural resource reports which can be prepared as part of the cultural resource evaluation process and includes:
a. "Preliminary cultural resource report" means and includes an archival search in the state records on file with the California Archaeological Inventory and a surface reconnaissance of property under review. The work is conducted by or under the supervision of a qualified cultural resource consultant to determine the presence or absence of cultural resources on the property under review. This report is a prerequisite to issuing a cultural resource alteration permit. b. "Comprehensive cultural resource report" means comprehensive investigation of cultural resources following a positive preliminary cultural resource report. It is a prerequisite to issuing a cultural resource alteration permit. The purpose of this report is to further define the cultural resource as to physical extent, age, significance and the like and to outline mitigation measures which avoid or minimize adverse impacts on the cultural resource. This report shall include an inventory and recommendations for long-term storage.

14. "Cultural resources sensitivity area" means areas of the city where cultural resources are known and/or predicted. Cultural resources sensitivity areas are designated on a regularly updated map. Such updating is done in consultation with a cultural resource consultant. This map is on file in the planning department; the city is constrained from allowing the sensitivity map to enter the public domain. The cultural resource preservation commission is responsible for the maintenance of this map.

15. Cultural Significance.
a. A cultural resource may be deemed to be significant if it has identification or association with persons, eras or events that have contributed to local, regional, state or national history or prehistory in a distinctive or important way; or if it has yielded or is substantially likely to yield information of value about history, technology, architecture, culture or aesthetics; or if it provides for existing and future generations an example of the physical surroundings in which past generations worked.
b. The factor of age alone does not necessarily confer archaeological value or interest upon a resource. However, age may have such effect if a more distinctive or important example thereof no longer exists.

16. "Designated cultural resource site" means a parcel or part thereof which contains a cultural resource and any abutting parcel or part thereof constituting part of the premises which contains the cultural resource and which has been designated as a designated cultural resource site pursuant to this section.

17. "Discovered cultural resource" means any artifact or other evidence of a cultural resource, including human remains, which reasonably appears to exceed fifty years of age that is discovered at any time during preparation for or during the process of excavation or during natural erosion processes or other ground disturbance.

18. "Excavation" means the removal of soil from its matrix.

19. Excavation Plan. As defined by the Resources Agency of the State of California in the California Environmental Quality Act (CEQA), Appendix K, Archaeological Impacts (effective August 1, 1983), an excavation plan may:

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a. List and briefly discuss the important information the archaeological resources contain or are likely to contain;
b. Explain how the information should be recovered to be useful in addressing scientifically valid research questions and other concerns dealing with significant cultural objects; c. Explain the methods of analysis and, if feasible, the proposed manner of display of excavated materials;
d. Provide for final report preparation and distribution; and e. Explain the estimated cost and time required to complete all activities undertaken under the plan.

20. Ground Disturbance. See "Alteration."

21. "Human remains" means the body or any part thereof, of a deceased human being in any stage of decomposition.

22. "Improvement" means any building, structure, place, parking facility, fence, gate, wall, work of art or other object constituting a physical betterment of real property or any part of such betterment.

23. Interment. See "Burial."

24. "Knowingly" means a person who disturbs, excavates or causes to be disturbed or excavated a cultural resource shall be deemed to have done so "knowingly" if the person knew or reasonably should have known, that the area contained artifacts, remains or other evidence of a cultural resource. The city shall institute procedures for notifying property owners of the presence of cultural resources.

25. "Land clearing" means the removal of vegetation down to duff or bare soil by any method.

26. "Local interest group" means any organized body of persons who have a recognized interest in the cultural resources within the city. These groups include, but are not limited to, the Scotts Valley Historical Society, the Santa Cruz Archaeological Society, the Society for California Archaeology, and Native American groups as defined in California Senate Bill 297 and others who identify their interest in a particular resource or project.

27. "Preservation" means the identification, study, protection, restoration, rehabilitation or enhancement of cultural resources intended to maintain and perpetuate existing cultural resources for the benefit of future generations carried out in conformance with current state and federal historic preservation practices.

28. "Property owner" means the owner, builder, developer or lessee or any agent thereof, of property on which a cultural resource is located.

29. "Protection" means the introduction of measures intended to arrest natural and man-induced processes of destruction or decay of existing cultural resources carried out in conformance with current state and federal historic preservation practices.

30. "Recorded cultural resource" means a cultural resource which has been officially recorded on the California Archaeological Inventory or which has been designated as a designated cultural resource site pursuant to this section.

31. "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, walks, kiosks, arches, fountains, walls and building appendages, such as marquees, awnings, canopies and lighting fixtures.

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D. Powers and Duties of the Cultural Resource Preservation Commission. The commission shall have the following powers and duties:

1. Undertake to establish and maintain a list of sites having a special archaeological interest or value. This list may include single sites, portions of sites or groups of sites;

2. Adopt specific guidelines for evaluating the designation of cultural resources;

3. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by the city or state, as they affect the significant and unique cultural resources of the city;

4. Adopt prescriptive standards to be used by the cultural resource preservation commission in reviewing applications for permits to construct, change, alter, modify, remove or significantly affect any cultural resource;

5. Recommend to the city council the purchase of fee or less-than-fee interests in property for the purposes of cultural resources preservation;

6. Investigate and report to the city council on the use of various federal, state, local or private funding sources and mechanisms available to promote cultural resource preservation in the city;

7. Review preliminary cultural resource reports and applications for cultural resource alteration permits.

Approve or disapprove, in whole or in part, applications for permits pursuant to the provisions set forth in Subsections J and K of this section;

8. Review all applications for permits, environmental assessments, environmental impact reports, environmental impact statements and other similar documents which affect cultural resources. The commission shall forward its comments, as appropriate, to the decision-making body;

9. Inspect sites of discovered cultural resources upon notification by the planning director and/or review the recommendations of the cultural resource consultant regarding the management of discovered cultural resource sites;

10. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic preservation;

11. Adopt procedural rules for the conduct of its business in accordance with the provisions of this section;

12. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall constitute public records, except that in conformance with the policies of the State Historic Preservation Office referring to protection of cultural resources from vandalism, the exact location of an archaeological resource will not be identified in any reports made available for general public review;

13. Render advice and guidance, upon the request of the property owner or occupant, on the restoration, alteration, landscaping or maintenance of any cultural resource;

14. Participate in, promote and conduct public informational, educational and interpretive programs pertaining to cultural resources;

15. Recommend established significant cultural resources for inclusion as amendments to the city's General Plan;

16. Adopt specific guidelines for the selection of cultural resource consultants; All guidelines and rules of procedure adopted by the cultural resource preservation commission shall be approved by resolution of the city council prior to their effectiveness. All guidelines, rules of procedure and other matters adopted by the commission under the same provision of Ordinance No. 16.70 and in effect immediately

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prior to the effective date of the ordinance codified in this title shall continue in full force and effect until amended, modified or repealed hereafter.

E. Cultural Resource Site Designation Procedures. Designated cultural resource sites shall be established in the following manner:

1. Any person or group may request the designation of an area or place as a designated cultural resource site by submitting an application for such designation to the cultural resource preservation commission. The commission may also initiate such proceedings on its own motion. An application shall contain the name(s) and address(es) of the applicant, property owner and occupant, as appropriate, as well as such information as is required by the commission in order to enable it to conduct an informed initial study.

2. The cultural resource preservation commission shall conduct an initial study of the proposed designation and make a preliminary determination, based on such documentation as it has, as to its appropriateness for consideration. If the commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing to be held within thirty-five days of the date of its determination.

3. The cultural resource preservation commission's decision to schedule or not to schedule a public hearing shall be in writing and shall be filed with the planning director, the building official and the city clerk. Notice of a decision not to schedule a public hearing shall be given by mail to the applicant at the address shown on the application.

4. In the case of a determination to schedule a public hearing, notice of the proposed designation and hearing shall be given in accordance with and pursuant to the provisions of Section 17.50.090 of this title.

5. At the conclusion of the public hearing, but in no event more than thirty days from the date set for the commencement thereof, the cultural resource preservation commission shall approve in whole or in part, or disapprove in whole or in part, the application in writing.

6. Within ten days after approval of such designation, the cultural resource preservation commission shall cause to be sent to the applicant, owner and/or occupant, as appropriate, of the property so designated, by registered or certified mail, a copy of the designation and a letter outlining the basis for such designation and the obligations and restrictions which result from such designation. These documents shall also be filed with the planning director, the building official and the city clerk within said period.

Within ten days after the disapproval of such application, the cultural resource preservation commission shall cause to be filed with the planning director, the building official and the city clerk, and to be sent to the applicant, owner and/or occupant, as appropriate, of the property proposed for designation, notice of denial of cultural resource site designation.

7. All notices required herein shall be addressed to an applicant, property owner or occupant as his or her name and address appear on the application. In the case of a property owner, notice shall also be sent to him or her as his or her name and address appear on the latest equalized assessment roll of the Santa Cruz County assessor's office where they are different from the name and address shown on the application, unless the property owner has signed the application. All notices to such persons shall be sent by registered or certified mail, postage prepaid. The notification requirements in this subdivision are supplemental to any other applicable provisions herein.

8. Failure to send any notice to any owner of property proposed for designation, where the address of such owner is not a matter of public record and failure to send any notice to any other person shall not invalidate any proceedings in connection with the proposed designation. The cultural resource

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preservation commission may also give such other additional notice as it may deem desirable and practicable.

9. Further, as soon thereafter as is reasonably possible, the cultural resource preservation commission shall notify the planning department, the building official and the city clerk of the official designation and shall also file with the recorder of deeds of Santa Cruz County a certified copy of the designation and a summary of the effect such designation will have.

10. Once a public hearing has been scheduled by the cultural resource preservation commission to consider the designation of a proposed designated cultural resource site, no building, alteration, demolition or removal permits shall be issued for and no construction, reconstruction, alteration, demolition or removal activity shall take place with respect to, the site proposed for designation pending a final determination of the matter by the commission or pending final determination by the city council of any appeal therefrom.

F. Cultural Resource Reports Required.

1. Preliminary cultural resource report. In accordance with guidelines adopted by the cultural resource preservation commission and as supervised by a cultural resource consultant, a preliminary cultural resource report shall be prepared for any private or public project which is located within a mapped cultural resources sensitivity area. This report shall be required by the planning department prior to any determination of environmental impact. Upon completion of this report, the planning director shall cause it to be submitted to the commission for its review and approval. The review and approval of this report shall occur within thirty days of its submission to the commission by the planning director.

In the event the approved report contains positive findings indicating the presence of a potentially significant cultural resource, the commission shall require the preparation of a comprehensive cultural resource report.

In the event the approved report indicates that the site does not contain a potentially significant cultural resource, the project shall be allowed to proceed without further application of the provisions of this section.

2. Comprehensive Cultural Resource Report. In accordance with guidelines adopted by the cultural resource preservation commission and as supervised by a cultural resource consultant, a comprehensive cultural resource report shall be prepared prior to the issuance of any private or public project permits when a project site contains a potentially significant cultural resource, as indicated by inclusion to the cultural resources inventory and/or current inventories of recorded cultural resources, or based upon a positive preliminary cultural resource report.

G. Cost of Reports. The costs of any preliminary or comprehensive cultural resource report shall be borne by the developer, who shall enter into an appropriate agreement with a cultural resource consultant to be selected by the city (consistent with guidelines adopted by the cultural resource preservation commission) with respect to the preparation of any such reports. The agreement shall recognize that the consultant is to be hired by the city but paid by the developer only.

H. Project Approval. The city shall not approve projects as proposed if there are feasible alternatives or feasible mitigation measures available which would substantially lessen the significant impacts on cultural resources.

The city shall require the mitigation or avoidance of significant effects on cultural resources of projects it approves or carries out where this is feasible.

The procedures required by this section are intended to assist the city in systematically identifying both the significant effects of proposed projects and the feasible alternatives or feasible mitigation measures which will avoid or substantially lessen such significant effects.

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City agencies shall integrate the requirements of this section with planning and environmental review procedures otherwise required by law or local practice so that all such procedures, to the maximum feasible extent, run concurrently rather than consecutively.

Whenever a significant cultural resource is discovered during the planning process, the planning department shall ensure that the permits subsequently issued shall contain whatever conditions are necessary to promote the purposes of this section, as determined by the cultural resource preservation commission in accordance with the provisions hereof. The planning department shall encourage developers to design their projects in a manner consistent with the purposes and intent of this section and in accordance with mitigation measures and conditions previously approved by the commission for projects on similar sites, where appropriate. In order to assist the city in carrying out the intent and purposes of this section, all development permits issued by the city for projects located in a mapped sensitivity area which involve ground disturbance activity shall include a provision that if previously undiscovered cultural resources are encountered during the course of excavation or development, all applicable provisions of this section shall be followed.

I. Cultural Resource Alteration Permit Required. It is unlawful for any person to demolish, alter, remove or relocate any recorded cultural resource, designated cultural resource site or discovered cultural resource, or any portion thereof, or to alter any area which has been identified in any preliminary or comprehensive cultural resource report as containing a potentially significant cultural resource without first obtaining written approval to do so in the manner provided in this section, nor shall the building official or planning commission grant any permit to carry out such work without the prior written approval of the commission first being given. It shall also be unlawful for any person to violate, allow or cause the violation of any condition of a permit issued pursuant to the provisions of this section.

A cultural resource alteration permit shall be required for relocation, removal, alteration or demolition of any recorded cultural resource, designated cultural resource site or area which has been identified in any preliminary or comprehensive cultural resource report as containing a potentially significant cultural resource.

J. Procedure for Permit Issuance. The following procedures shall apply in processing applications for approval of work covered by this section:

1. An application for a cultural resource alteration permit for approval of any work covered by this section, on a form approved by the cultural resource preservation commission, shall be filed with the planning director.

2. The application shall set forth the name and address of the applicant and the property owner (if different from the applicant), shall specify the Santa Cruz County Assessor's Parcel Number of the property involved and shall contain a clear statement of the work proposed to be done and shall contain such other information as may be required by the cultural resource preservation commission in order to enable it to properly process the permit.

3. The application shall also include a copy of the preliminary and comprehensive cultural resource reports. In addition, it shall include a written excavation plan if impact on potentially significant cultural resources is deemed unavoidable.

4. In conformance with the policies of the State Historic Preservation Office referring to protection of cultural resources from vandalism, city staff shall not identify the exact location of an archaeological resource in any reports made available for general public review. Such information provided by the applicant or others involved with a permit will be marked "Not For Public Review" and kept for use only by staff and others having a bona fide need for the information, as determined by the planning director.

5. Upon receipt of the application, the cultural resource preservation commission shall set the matter for public hearing within thirty-five days. The commission shall provide notice of the hearing consistent with the requirements for notice specified and referenced in subsections E4 and E7 and of this section.

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6. At the conclusion of the hearing, but in no event more than thirty days from the date set for the commencement thereof, the cultural resource preservation commission shall approve, conditionally approve or deny the application with specification as to the reasons and findings therefor. If the application is approved or conditionally approved, the commission shall issue the cultural resource alteration permit and specify thereon any conditions imposed.

7. Conditions that may be imposed by the cultural resource preservation commission include, but are not limited to, preservation of the surface or subsurface resource through project design or restrictions on use and/or grading, such as restricting improvement and grading activities to portions of the parcel not containing the resource or covering the resource with earthfill where appropriate, to such a depth that the resource will not be disturbed by development.

K. Cultural Resource Alteration Permit—Findings Required. Prior to approval or conditional approval of an application for a cultural resource alteration permit, the cultural resource preservation commission shall find that:

1. The action proposed is consistent with the purposes of cultural resource preservation as set forth in this title; and

2. The action proposed retains the archaeological value and significance of the cultural resource.

L. Revocation of Permit.

1. Violation of any of the conditions of a cultural resource alteration permit committed, allowed or caused by the person to whom it is issued shall constitute grounds for revocation or suspension thereof, or other appropriate action as herein set forth.

2. In the event any of the conditions of a cultural resource alteration permit are violated or allowed or caused to be violated by the person to whom it is issued, the planning director may issue a cease and desist order directing that all activities for which the permit was issued shall be discontinued immediately.

3. The planning director shall thereupon schedule a public hearing before the cultural resource preservation commission for consideration of revocation of the permit or other appropriate action with respect thereto.

4. The hearing shall be conducted within thirty days of issuance of the cease and desist order. Notice of the hearing shall be given consistent with the requirements for notices referenced in subsection J5 of this section.

5. At the hearing, the cultural resource preservation commission shall consider whether any violation of the conditions of the permit occurred and, if so, the extent of any damage that may have been caused to the cultural resource. The commission may also consider any report and recommendations of a cultural resource consultant as to the necessity and type of corrective action to be taken to mitigate the effects of any damage to the cultural resource.

6. At the conclusion of the hearing, which shall occur not later than thirty days after its commencement, the cultural resource preservation commission shall determine whether a violation occurred and, if so, the appropriate corrective measures to be undertaken by the permittee. The commission shall further determine whether to revoke or suspend the permit or impose additional conditions thereon, as appropriate. The commission shall adopt findings in support of its decision.

M. Discovered Cultural Resources.

1. In the event bones or other human remains or artifacts clearly associated with a human interment are discovered, the person making the discovery shall immediately notify the Santa Cruz County sheriffcoroner. Any person who under any circumstances discovers any human remains and/or artifacts or

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other evidence of a cultural resource site which reasonably appears to exceed fifty years of age shall notify the planning department immediately.

2. Upon notification of the discovery, the planning director shall immediately notifying the property owner that no alteration or ground-disturbance activity (or no further activity of such nature) may take place on the site of the discovery for a period of forty-five days, unless sooner notified to the contrary.

The planning director shall arrange for a personal inspection of the property with a cultural resource consultant. This inspection shall take place within five working days after the planning director has been notified of the discovery. The planning director shall notify both the property owner and the members of the cultural resource preservation commission of the date and time of the inspection.

Members of the commission may accompany the planning director and the cultural resource consultant on the property. The purpose of the inspection shall be to determine whether the discovery is a potentially significant cultural resource. The cultural resource consultant shall prepare a preliminary cultural resource report indicating appropriate findings and submit it to the planning director.

3. The preliminary cultural resource report shall be submitted to the cultural resource preservation commission for its review and approval, disapproval or modification in the same manner and subject to the same time limitations as specified in subsection F of this section; provided, however, that if there is a current and lawful development activity in progress on the site of the discovery that is being delayed by the restriction hereunder on further activity, the planning director and the commission shall undertake diligent efforts to secure and complete review of the preliminary cultural resource report in as short a period of time as is reasonably possible. (This provision shall be considered directory only.)

4. In the event the preliminary cultural resource report, as approved by the cultural resource preservation commission, declares that the discovery is not a potentially significant cultural resource, the planning director shall immediately notify the property owner of such determination and all restrictions theretofore imposed shall be removed.

5. If the preliminary cultural resource report, as approved by the cultural resource preservation commission, declares that the discovery is a potentially significant cultural resource, the director shall immediately notify the property owner of this determination and that no alteration or grounddisturbance activity (or no further activity of such nature) may take place except as authorized by a cultural resource alteration permit (which may be issued, as appropriate, only after preparation of a comprehensive cultural resource report).

6. All notices referenced in this section shall be in writing and copies shall be given to the cultural resource preservation commission.

7. Should the discovery be of potential importance to living Native Americans, a representative of the local Native American community shall be given an opportunity to inspect the find and submit comments regarding its disposition.

N. Unsafe or Dangerous Conditions. None of the provisions of this section shall be construed to prevent construction, reconstruction, alteration, removal, demolition or relocation necessary to correct any unsafe or dangerous condition of any property or part thereof, when the building official certifies to the commission that such action is required for public safety purposes. To the extent reasonably feasible, however, any such action shall adhere to the requirements and intent of the provisions of this section.

O. Notification by Building Official. The building official shall report to the planning director any application for a permit to work on any designated cultural resource site or on any other area referenced in subsection I of this section.

P. Ordinary Agricultural or Gardening Activity Excepted. Nothing in this section shall be construed to prevent ordinary agricultural or gardening activity.

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Q. Fraudulent Transfer.

1. It shall be unlawful for any person to place, install, plant or otherwise transfer to any property any artifacts, remains or other evidence, whether real or manufactured, of a cultural resource for the purpose of requiring the property owner to comply with the provisions of this section.

2. It shall be unlawful for any person to remove from any property any artifacts, remains or other evidence of a cultural resource for the purpose of avoiding compliance with the provisions of this section. This prohibition shall be considered as supplementary to all other prohibitions of this section.

R. Appeals. The following actions of the commission may be appealed by any interested party to the city council, pursuant to Section 17.50.060 of this title, by filing a notice of appeal with the city clerk within ten days following the date of the action to be appealed:

1. The commission's decision not to hold a public hearing on an application for designation of a designated cultural resource site;

2. A determination made after a public hearing to designate or not to designate a designated cultural resource site;

3. The commission's decision to grant, deny, revoke, suspend or otherwise deal with a permit;

4. Any other decision or determination made by the commission.

S. Integration with Other Processes, Procedures and Requirements. Procedures and processes required by this section are supplemental to any other requirements, processes and procedures prescribed by any other local, state and/or federal law, rule or regulation. The requirements, procedures and processes established by this section shall, to the maximum extent feasible, be integrated with all others that may be applicable in order that they may run concurrently, rather than consecutively.

T. Fees and Cost. Fees and/or costs deemed necessary for the administration and implementation of this section shall be set by resolution of the city council.

U. Enforcement and Penalties.

1. Enforcement. In addition to remedies provided by any other provisions of law, the planning director shall have the authority to implement the enforcement of the provisions of this section by any of the following means:
a. Serving notice requiring the correction of any violation of this section upon the owner agent, occupant or tenant of the improvement, building, structure or land; b. Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this section, and the city attorney is hereby authorized to institute any actions to that end;
c. Calling upon the chief of police and officers of the police department to assist in the enforcement of this section.

In addition to any of the foregoing remedies, the city attorney may maintain an action for injunctive relief to restrain or enjoin or to cause the correction or removal of any violation of this section.

2. Penalties. Any person violating any provision of this section shall be guilty of a misdemeanor and upon conviction therefor shall be fined in an amount not more than one thousand dollars or by imprisonment of not more than six months or both. Each day in which a violation of any provision of this section occurs or continues shall constitute a separate violation. (Ord. 16.76 § 1 (part), 1989)

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17.44.140 Historic landmark preservation.

A. Purpose. It is found that the protection, enhancement, perpetuation and use of improvements, buildings, structures, signs, objects and features of historic, architectural, artistic, cultural, engineering, aesthetic, political, social and other significance located within the city are of cultural and aesthetic benefit to the community. It is further found that the economic, cultural and aesthetic standing of this city will be enhanced by respecting the heritage of the city. The purposes of the provisions in this section are to:

1. Designate, preserve, protect, enhance and perpetuate those historic structures and sites, places and/or improvements contributing to the cultural and aesthetic benefit of the city, the county, the state or the nation;

2. Foster civic pride in the beauty and accomplishments of the past;

3. Stabilize and improve the economic value of certain historic structures and neighborhoods in which they are located;

4. Protect and enhance the city's cultural and aesthetic heritage;

5. Promote and encourage continued private ownership and use of such buildings and other structures now so owned and used, to the extent that the objectives listed above can be obtained;

6. Promote the enjoyment and use of cultural resources appropriate for the education and recreation of the people of the city;

7. Protect and enhance the city's attraction to tourists and visitors (thereby stimulating business and industry);

8. Preserve diverse and harmonious architectural styles and design preferences reflecting phases of the city's history.

B. Scope of Application. This section shall apply to all historic landmarks within the city that are designated pursuant to the provisions hereof. This section shall not apply, however, to archaeological resources (which are dealt with separately in Section 17.44.130 of this chapter).

C. Definitions.

1. "Alteration" means any exterior change or modification, through public or private action, of any historic landmark, including but not limited to exterior changes to or modifications of structures, architectural details or visual characteristics such as paint color and surface texture, grading, surface paving, construction of new structures and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps and the like affecting the exterior visual qualities of the property.

2. "Commission" means the cultural resource preservation commission of the City of Scotts Valley.

3. "Consultant" means an appropriately qualified person (architect, architectural historian, historian, archaeologist, historic archaeologist, engineer and the like) who has appropriate expertise in historic landmark designation and/or preservation and/or other disciplines that may be pertinent to the subject matter.

4. "Exterior architectural feature" means architectural elements embodying style, design, general arrangement and components of all of the outer surfaces of an improvement, including but not limited to the kind, color and texture of the building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement.

5. "Historic landmark" means an improvement, building structure, sign, feature, site, place, area or other object of special historical, cultural, architectural or engineering character, interest or value as part of

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the development, heritage or history of the city, the county, the state or the nation (excluding archaeological resources, which are recognized as a distinct cultural resource pursuant to Section

17.44.130 of this chapter and separately dealt with and treated therein) and which has been designated as such pursuant to the provisions of this title.

6. "Improvement" means any building, structure, sign, place, parking facility, fence, gate, wall or other object constituting a physical betterment of real property or any part of such betterment.

7. "Object" means a material thing of functional, aesthetic, cultural, educational, historical, architectural, symbolic or scientific value which is usually, by design or nature, movable.

8. "Preservation" means the identification, study, protection, restoration, rehabilitation or enhancement of historic landmarks.

9. "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, walks, kiosks, arches, fountains, walls and building appendages, such as marquees, awnings, canopies and lighting fixtures.

D. Powers and Duties of the Cultural Resource Preservation Commission. The commission shall have the following powers and duties:

1. Establish criteria and conduct or cause to be conducted a comprehensive survey of properties within the boundaries of the city that may contain potential historic landmarks. Publicize and periodically update survey results;

2. Adopt specific guidelines for designation of historic landmarks;

3. Maintain a local register of historic landmarks within the city;

4. Approve or disapprove, in whole or in part, applications for historic landmark designation pursuant to subsections E and F of this section;

5. Review and comment upon the conduct of land use, housing and redevelopment, municipal improvement and other types of planning and programs undertaken by any agency of the city, county, state or federal government as they relate to historic landmarks within the city;

6. Adopt prescriptive standards for the use of the cultural resource preservation commission in reviewing applications for permits to change, alter, modify, remodel, remove or significantly affect any historic landmark, and determine the presence of an immediate and substantial hardship;

7. Recommend to the city council the purchase of fee or less-than-fee interests in property for purposes of historic landmark preservation;

8. Investigate and report to the city council on the use of various federal, state, local or private funding sources and mechanisms available to promote historic landmark preservation in the city;

9. Coordinate and monitor activities relating to preservation, restoration, maintenance and operation of historic landmarks under the ownership of the city;

10. Approve or disapprove, in whole or in part, all applications for permits pursuant to the provisions of this section;

11. Review all environmental assessments, environmental impact reports, environmental impact statements and other similar documents as set forth in this section pertaining to historic landmarks within the city. The cultural resource preservation commission shall forward its comments to the decision-making body;

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12. Retain consultants and conduct studies related to the purposes of this section, as the commission deems desirable or necessary, except that all expenditures of city funds are subject to prior approval by the city council;

13. Adopt guidelines relating to the selection of consultants;

14. Cooperate with local, county, state and federal governments in the pursuit of the objectives of historic landmark preservation;

15. Adopt procedural rules for the conduct of its business in accordance with the provisions of this section;

16. Keep minutes and records of all meetings and proceedings, including voting records, attendance, resolutions, findings, determinations and decisions. All such material shall constitute public records;

17. Render advice and guidance, upon the request of a property owner or occupant, on the restoration, alteration, decoration, landscaping or maintenance of any historic landmark, landmark site or neighboring property within public view;

18. Participate in, promote and conduct public informational, educational and interpretive programs pertaining to historic landmarks;

19. Perform any other functions that may be designated by resolution or motion of the city council.

Any rules of procedure and any guidelines adopted by the commission must be approved by resolution of the city council prior to their effectiveness. All guidelines, rules of procedure and other matters adopted by the commission under the same provision of Ordinance No. 16.67 and in effect immediately prior to the effective date of the ordinance codified in this title shall continue in full force and effect until amended, modified or repealed hereafter.

E. Historic Landmark Designation Criteria. For the purposes of this section, an improvement may be designated a historic landmark pursuant to subsection F of this section if it has qualities that relate to the following factors:

1. Identification or association with persons, eras or events that have contributed to local, regional, state or national history in a distinctive or important way;

2. Identification as or association with a distinctive or important work or vestige:
a. Of an architectural style with historic value, design or method of construction, or b. Of a notable architect, engineer, builder, artist or craftsman, or c. The totality of which comprises a distinctive or important work or vestige whose component parts may lack the same attributes, or
d. That has yielded or is substantially likely to yield information of value about history or culture, or that provides for existing and future generations an example of the physical surroundings in which past generations lived and worked;

3. Exemplification or reflection of special elements or characteristics of local, regional, state or national cultural, social, economic, political, aesthetic, engineering or architectural history.

The factor of age alone does not necessarily confer a special historical, cultural or architectural value or interest upon an improvement, but it may have such effect if a more distinctive or important example thereof no longer exists.

F. Historic Landmark Designation Procedures. Historic landmarks shall be established in the following manner:

1. Any person or group may request the designation of an improvement as a historic landmark by submitting an application for such designation to the cultural resource preservation commission. The

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commission may also initiate such proceedings on its own motion. An application shall contain the name and address of the applicant, property owner and occupant, as appropriate, as well as such information as is required by the commission in order to enable it to conduct an informed initial study.

2. The cultural resource preservation commission shall conduct an initial study of the proposed designation and shall make a preliminary determination, based on such documentation as it has, as to its appropriateness for consideration. If the commission determines that the application merits consideration, but only if it so determines, it shall schedule a public hearing to be held within thirty-five days of the date of its determination.

5. At the conclusion of the public hearing, but in no event more than thirty days from the date set for the commencement of the public hearing, the cultural resource preservation commission shall approve in whole or in part, or disapprove in whole or in part, the application in writing.

6. Within ten days after approval of such designation, the cultural resource preservation commission shall cause to be sent to the applicant(s), owner(s) and/or occupant(s), as appropriate, of the property so designated, by registered or certified mail, a copy of the designation and a letter outlining the basis for such designation and the obligations and restrictions which result from such designation. These documents shall also be filed with the planning director, the building official and the city clerk within said period.

Within ten days after the disapproval of such application, the cultural resource preservation commission shall cause to be filed with the planning director, the building official and the city clerk and to be sent to the applicant(s), owner(s) and/or occupant(s), as appropriate, of the property proposed for designation, notice of such denial of historic landmark designation.

8. Failure to send any notice to any owner of property proposed for designation where the address of such owner is not a matter of public record, and failure to send any notice to any other person, shall not invalidate any proceedings in connection with the proposed designation. The cultural resource preservation commission may also give such other additional notice as it may deem desirable and practicable.

9. Further, as soon thereafter as is reasonably possible, the cultural resource preservation commission shall notify the planning department, the building official and the city clerk of the official designation and shall also file with the recorder of deeds of Santa Cruz County and the assessor of Santa Cruz County a certified copy of the designation and a summary of the effect such designation will have.

10. Once an application has been submitted to the cultural resource preservation commission (or submitted by the commission on its own initiative) to consider the designation of a proposed historic

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landmark, no building, alteration, demolition or removal permits shall be issued for and no reconstruction, alteration, demolition or removal of or with respect to, an improvement proposed for historic landmark designation shall occur pending a final determination of the matter by the commission or pending final determination by the city council of any appeal therefrom.

G. Historic Landmark Alteration or Demolition Permit Required. It is unlawful for any person to tear down, demolish, alter, reconstruct, remove or relocate any improvement or any portion thereof, which has been designated a historic landmark pursuant to the provisions of this section, or to alter in any manner any exterior architectural feature of such an historic landmark, without first obtaining written approval to do so, as required herein, in the manner provided in this section, nor shall the building official or planning commission grant any permit to carry out such work on a designated historic landmark without the prior written approval of the cultural resource preservation commission having first been given, as required herein. It shall also be unlawful for any person to violate, or to allow or cause the violation of, any condition of a permit issued pursuant to the provisions of this section.

1. A historic landmark alteration permit shall be required for relocation of a designated historic landmark or for any alteration to a designated historic landmark that involves change in design, replacement of construction material or change in external appearance, or for any reconstruction thereof. Normal maintenance and repair are excepted pursuant to the provisions of subsection N of this section.

2. A historic landmark demolition permit shall be required in order to tear down or demolish any designated historic landmark.

H. Procedure for Permit Issuance. The following procedures shall apply in processing applications for approval of work covered by this section:

1. An application for a historic landmark alteration or demolition permit, as appropriate, for approval of any work covered by this section, on a form approved by the cultural resource preservation commission, shall be filed with the planning director.

2. The application shall set forth the name and address of the applicant and the property owner (if different from the applicant); shall specify the exact location of the designated historic landmark involved; shall contain a clear statement of the work proposed to be done; and shall contain such other information as may be required by the cultural resource preservation commission in order to enable it to properly process the permit.

3. Upon receipt of the application, the cultural resource preservation commission shall set the matter for public hearing within thirty-five days. The commission shall provide notice of the hearing consistent with the requirements for notice specified and referenced in subsections F4 and F7 of this section.

4. At the conclusion of the hearing, but in no event more than thirty days from the date set for the commencement thereof, the cultural resource preservation commission shall approve, conditionally approve or deny the application with specification as to the reasons and findings therefor. If the application is approved or conditionally approved, the commission shall issue the historic landmark alteration or demolition permit, as appropriate and specify thereon any conditions imposed.

I. Historic Landmark Alteration Permit—Findings Required. Prior to approval or conditional approval of an application for an historic landmark alteration permit, the cultural resource preservation commission shall find that:

1. The action proposed is consistent with the purposes of historic preservation as set forth in subsection A of this section; and

2. The action proposed retains the historic architectural value and significance of the designated historic landmark, and retains the texture and material of the building, structure or improvement in question or its appurtenant fixtures and exterior architectural features;

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3. The action proposed is compatible with the position of such building, structure or improvement in relation to the street or public way and to other buildings and structures in the neighborhood; or

4. As an alternative to the findings specified in subdivisions 1 through 3 of this subsection the applicant has demonstrated that denial of the application will result in immediate or substantial hardship pursuant to subsection L of this section.

J. Historic Landmark Demolition Permit—Findings. Prior to approval or conditional approval of an application for an historic landmark demolition permit, the cultural resource preservation commission shall find that the applicant has demonstrated that denial of the application will result in immediate or substantial hardship pursuant to subsection L of this section.

K. Unsafe or Dangerous Conditions. None of the provisions of this section shall be construed to prevent reconstruction, alteration, removal, demolition or relocation necessary to correct any unsafe or dangerous conditions of any designated historic landmark or part thereof, when the building official certifies to the cultural resource preservation commission that such action is required for public safety purposes and that such conditions cannot be corrected through use of the California Historical Building Code.

L. Showing of Hardship. The cultural resource preservation commission may approve a permit to carry out reconstruction, alteration, relocation or demolition of a historic landmark if the applicant presents facts clearly demonstrating to the satisfaction of the commission at the public hearing that failure to receive such approval will cause an immediate and substantial hardship. If hardship is found to exist under this subsection, the commission shall make a finding to that effect and shall also specify the facts relied upon in making such finding.

M. Notification by Building Official. The building official shall immediately report any application for a permit to work on a designated historic landmark to the planning director; and shall immediately report to him all applications for demolition permits regardless of whether or not they pertain to a designated historic landmark. All such applications shall immediately be forwarded by the planning director to cultural resource preservation commission members.

N. Ordinary Maintenance and Repair. Nothing in this section shall be construed to prevent the ordinary maintenance or repair of any exterior architectural feature in or on any designated historic landmark that does not involve a change in design, material or external appearance thereof.

O. Discovered Potential Historic Landmark. A person who under any circumstances discovers any improvement and/or structure as herein defined which reasonably appears to be a potential historic landmark shall notify the planning department immediately.

Upon notification of the discovery, the planning director shall immediately notify the property owner that no further alteration, demolition, removal or building activity may take place with respect to the discovery for a maximum period of fifteen days or until further notification, whichever first occurs. The planning director shall arrange for a personal inspection of the property with a consultant. This inspection shall take place within ten working days after the planning director has been notified of the discovery. The planning director shall notify both the property owner and the members of the cultural resource preservation commission of the date and time of the inspection. Members of the commission may accompany the planning director and the consultant on the property.

The purpose of the inspection shall be to determine whether the discovery is a potential historic landmark meriting designation hereunder.

If the consultant reports to the planning director that the discovery is a potential historic landmark, the director shall so notify the property owner and shall also notify him that no further alteration activity may take place until further notice from the planning director or the expiration of thirty days, whichever sooner occurs.

However, the potential historic landmark may thereafter be subject to the provisions of subsection F regarding designation of historic landmarks and, if so, may be subject to further restrictions as therein provided.

P. Revocation of Permits.

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1. Violation of any of the conditions of any historic landmark alteration or demolition permit committed, allowed or caused by the person to whom it is issued shall constitute grounds for revocation or suspension thereof, or other appropriate action as herein set forth.

2. In the event any of the conditions of such permit are violated or allowed or caused to be violated by the person to whom it is issued, the planning director may issue a cease and desist order directing that all activities for which the permit was issued shall be discontinued immediately.

5. At the hearing, the cultural resource preservation commission shall consider whether any violation of the conditions of the permit occurred and, if so, the extent of any damage that may have been caused to the designated historic landmark. The commission may also consider any report and recommendations of the consultant as to the necessity and type of corrective action to be taken to mitigate the effects of any damage to the designated historic landmark.

Q. Appeals. The following actions of the cultural resource preservation commission may be appealed by any interested party to the city council:

1. The cultural resource preservation commission's decision not to hold a public hearing on an application for designation of an historic landmark;

2. A determination made after a public hearing to designate or not to designate a proposed historic landmark;

3. The cultural resource preservation commission's decision to grant, deny, revoke, suspend or otherwise deal with a permit;

4. Any other decision or determination made by the cultural resource preservation commission.

Any interested party may appeal by filing a notice of appeal with the city clerk pursuant to Section 17.50.060 of this title within ten days following the date of the action or determination to be appealed.

R. Integration With Other Processes, Procedures and Requirements. Procedures and processes required by this section are supplemental to any other requirements, processes and procedures prescribed by any other local, state and/or federal law, rule or regulation. The requirements, procedures and processes established by this section shall, to the maximum extent feasible, be integrated with all others that may be applicable in order that they may run concurrently rather than consecutively.

S. Fees and Costs. Fees and/or costs deemed necessary for the administration and implementation of this section shall be set by resolution of the city council.

T. Enforcement and Penalties.

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1. Enforcement. In addition to remedies provided by any other provisions of law, the planning director shall have the authority to implement enforcement of the provisions of this section by any of the following means:
a. Serving notice requiring the removal of any violation of this section upon the owner, agent, occupant or tenant of the improvement, building, structure or land; b. Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this section, and the city attorney is hereby authorized to institute any actions to that end;
c. Calling upon the chief of police and officers of the police department to assist in the enforcement of this section.

2. Penalties. Any person violating any provisions of this section shall be guilty of a misdemeanor and upon conviction therefor shall be fined in an amount not more than one thousand dollars or by imprisonment of not more than six months or both. Each day in which a violation of any provision of this section occurs or continues shall constitute a separate violation. (Ord. 16.76 § 1 (part), 1989)

17.44.150 External antennae.

A. Statement of Findings. The use of external antennae for reception or transmission of radio and television signals is increasing throughout the city due to technological advances of such equipment; although such equipment is large, cumbersome and can be aesthetically unattractive, it appears to be a necessary and desirable accessory use of property within the city. At the present time the size, location and appearance of such equipment are not adequately addressed in the zoning regulations in effect in the city. In the absence of regulation, the placement of unattractive equipment in various locations would interfere with the use, possession and enjoyment of adjacent property and the public peace, health, safety and general welfare require enactment of the ordinance codified in this section to regulate the use of external antennae rather than prohibit them.

B. Definitions.

1. "External antenna" means a structure which is external to or attached to the exterior part of any building or structure, and which is composed of any system of wires, poles, rods, reflecting discs or similar devices used for the transmission or reception of signals or electromagnetic waves for radio or television purposes including, without limitation, satellite earth station antennae.

2. "Satellite earth station antenna" means a structure composed of any system of wires, poles, rods, reflecting discs or similar devices used for the purpose of receiving or transmitting electromagnetic waves for radio or television purposes and includes, but is not limited to, "dish" antennae and devices having active elements extending in any direction, and directional beam-type arrays having elements carried by and disposed from a generally horizontal boom which may be mounted upon and rotated through the boom and antenna support, all of which elements are deemed to be a part of the antenna.

C. Restrictions and Standards. The following regulations shall apply to the maintenance of external antennae in all zone districts:

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1. External antennae shall not be visible from a public or private street; shall have an immediate screening to protect the adjacent properties. Screening may be structural screens mounted on the ground or on structures, vine-covered fences, compact hedges or the like. Screening for all antennae shall be reviewed and approved by the planning director (hereinafter referenced as "director").

Screening, however, shall not be required in a fashion that obstructs proper reception or transmission of signals.

2. External antennae shall not be located in any front yard; or within any area between a public or private street and the main primary structure on the site (unless unusual or unique site conditions preclude location in any other area).

3. No antenna shall exceed six feet in height, plus one additional foot in height for each additional three feet of setback from the property line or lines adjacent to the antenna, up to a maximum height of ten feet. The height of the antenna shall be the total maximum height to which it is capable of being extended.

4. External antennae shall not be located closer to the property line than the required setback.

5. Roof-mounted antenna shall be limited to twenty- four inches in diameter and shall not be higher than the maximum height for structures allowed by the applicable district regulations.

6. External antennae shall not be located in parking or driveway areas.

7. External antennae shall be considered an accessory use.

D. Application for External Antenna Permit. Prior to installing an external antenna regulated by this section, an application (on a form approved by the director) for an external antenna permit (hereinafter referenced as "permit") shall be submitted to the planning department. The application shall include all information therein requested including, but not limited to, elevations and a site plan showing the proposed location of the external antenna, the location of all relevant improvements existing on the site, and the location of adjacent public or private streets, roads, alleys, rights-of-way and the like.

E. Review of Application; Conditions. The director of planning shall review and approve, conditionally approve or disapprove all applications for a permit. The director shall review each application for compliance with the provisions of this section and, as appropriate, may modify the proposed antenna, its location and/or its screening. The director may attach such conditions to approval of an application as he deems appropriate, in the exercise of reasonable discretion, to secure compliance with the purpose and intent of the provisions of this section.

F. Approval, Conditional Approval or Disapproval of Application. The approval, conditional approval or disapproval of an application for a permit shall be set forth in writing by the director and shall specify in the case of approval that the application is in compliance with the provisions of this section and the conditions attached to the approval, if any, and shall specify the reasons for disapproval in the event the application is disapproved. A copy of the written decision shall forthwith be given to the applicant.

G. Notice to Adjacent Property Owners. If an application is approved by the director, notice shall forthwith be sent to the adjacent property owners (as their names and addresses appear on the latest equalized assessment roll of the Santa Cruz County assessor's office) and occupants thereof, if different from the owners, informing them that an application has been approved and specifying the date of approval, the property involved, the conditions of approval, if any, and that any aggrieved person may appeal the decision to the planning commission by filing an appeal with the planning department within twenty-one days of the date of approval.

H. Approval of Application; Permit Issuance; Stay. Following approval or conditional approval of an application, no permit shall be issued until the expiration of the period for appeal of said decision; provided, however,

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that if an appeal is filed in a timely fashion, no permit shall be issued pending final determination by the planing commission of the appeal.

I. Revocation of Permit. Violation of any of the provisions of this section or of any conditions of a permit committed, allowed or caused by the person to whom a permit has been issued, shall constitute grounds for revocation of a permit or other appropriate action as herein set forth.

J. Cease and Desist Order. In the event any such violation occurs, the director may issue a cease and desist order to the permittee directing that all activities for which the permit was issued shall be discontinued immediately.

K. Hearing on Revocation; Notice; Findings.

1. The director shall thereafter schedule a hearing before himself on revocation of the permit. The hearing before the director shall be held within twenty days of the issuance of the cease and desist order. Notice of the time, date and place of the hearing, specifying the reason(s) therefor, shall be sent by certified mail, postage prepaid, for the permittee as his name and address appear on the permit, at least ten days prior to the date of the hearing. The hearing shall be open to the public and notice thereof shall also be published in a newspaper of general circulation within the city and posted at City Hall in an appropriate place for posting of public notices, at least ten days prior to the date of the hearing.

2. At the hearing, the director shall determine, after all evidence and testimony has been presented (including that which is offered by or on behalf of the permittee), whether a violation has occurred and, if so, he shall determine whether to revoke the permit, impose appropriate conditions, and/or the appropriate corrective measures to be undertaken. The decision of the director shall be set forth in writing and shall specify appropriate findings in support thereof, and shall forthwith be given to the permittee and any interested persons who have filed a written request for a copy with the planning department.

3. Any decision of the director finding that a violation has occurred shall be stayed in the event an appeal is filed in a timely fashion; and, if so, shall be further stayed until the appeal is finally determined by the planning commission.

L. Appeals to Planning Commission. Any decision of the director under the provisions of this section, may be appealed to the planning commission by any person aggrieved thereby, by filing a written notice of appeal with the planning department within twenty-one days of the date of the decision sought to be appealed. The notice shall specify decision being appealed and the reason(s) therefor.

M. Setting Hearing Before Commission; Notice. Upon receipt by the planning department of a written notice of appeal, the director shall cause a hearing to be set before the planning commission within thirty days thereafter. Notice of the date, time and place of the hearing shall be mailed to the permittee, published and posted in the same manner and subject to the same time periods as specified in subsection K of this section with respect to notice of a revocation hearing before the director.

N. Decision of the Planning Commission. At the conclusion of its hearing, the planning commission shall approve, modify or reverse the decision of the director. The planning commission, as appropriate, may add to or modify the conditions of any decision of the director approving or conditionally approving an application for a permit. The decision of the planning commission shall be rendered at the conclusion of its hearing (which may be continued from time to time, but in no event shall it extend beyond thirty days from the date it commenced). The decision shall be in writing and shall contain appropriate findings to support it.

A copy of the written decision shall be given forthwith to the applicant or permittee and to any person who has filed a written request with the planning department for a copy thereof.

O. Decision of the Planning Commission Final. The decision of the planning commission with respect to the appeal of any decision of the director under the provisions of this section, shall be final.

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P. Decision of Director Final if no Appeal is Filed. The decision of the director with respect to any matter under the provisions of this section shall become final in the event an appeal is not made in a timely fashion.

Q. Fees to be Set by Resolution of the City Council. The fees, if any, to be established for any permit or proceeding hereunder shall be established by resolution of the city council. In the event a fee is so established, the fee specified shall be paid when the application or appeal to which it relates is filed.

R. Building Permit Required. Following issuance of an external antenna permit, a building permit shall be obtained prior to installation as required.

S. Maintenance of Antenna. All satellite earth antennas installed pursuant to a permit issued hereunder, shall be properly maintained including, without limitation, the approved screening therefor, in order to ensure continued compliance with the purposes and intent of this section.

T. Existing Antennae; Repair or Replacement. The provisions of this section shall not apply to any external antenna (as defined herein) in existence on the date of adoption of this ordinance; provided, however, that the provisions of this section shall apply and an external antenna permit shall be required, in the event said antenna is to be replaced, removed to a different location, or substantially altered. A substantial alteration shall mean an alteration whose cost exceeds twenty-five percent of the existing fair market value of the antenna.

U. Violation; Infraction. Any person who violates any provision of this section shall be guilty of an infraction, and shall be subject to all provisions of Section 1.08.010 of this code relating to the treatment and punishment therefor.
(Ord. 16.77 (part), 1989)

17.44.170 Transitional housingReserved.

A. No person shall operate a transitional housing facility without obtaining a conditional use permit in accordance with Section 17.50.020. In addition the applicant will supply the following information:

1. A letter of certification of final approval from the state or county licensing authority,

2. A site plan of the property showing parking, outdoor exercise area, and fencing,

3. A letter from the fire department approving the safety of the structure for the use,

4. A letter 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

5. Landscaping and other information as required by the community development director.

6. Show that there is one parking space for each single resident and/or one space for each family unit living in the facility.
(Ord. No. 16-138, § 13, 7-15-2015)

17.44.180 Employee housing.

A. Qualified Employee Housing Defined. As used in this section, “qualified employee housing” means accommodations for employees as defined in Section 17008 of the California Health and Safety Code which has qualified or where the owner intends to qualify for a permit to operate under the Employee Housing Act (Health and Safety Code Section 17000 et seq.).

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B. Housing for Six or Fewer Employees. Qualified employee housing providing accommodations for six or fewer employees, pursuant to Health and Safety Code Section 17021.5(b), shall be deemed a single-family dwelling and is allowed in residential zoning districts.

C. Housing for Seven or More Employees. Qualified employee housing providing accommodations for seven or more employees and consisting of no more than 36 beds in group quarters or 12 units or spaces designed for use by a single family or household, pursuant to Health and Safety Code Section 17021.6(b), shall be deemed an agricultural land use and is allowed as such in zoning districts where agriculture is a permitted land use.

D. Standards. Qualified employee housing is subject to all City standards and regulations generally applicable to other residential dwellings of the same type in the same zoning district.

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Title 17 - ZONING
Chapter 17.45 SURFACE MINING AND RECLAMATION
Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:13 [EST] (Supp. No. 33)

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Title 17 - ZONING
Chapter 17.46 EXCEPTIONS AND MODIFICATIONS
Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:13 [EST] (Supp. No. 33)

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Chapter 17.46 EXCEPTIONS AND MODIFICATIONS

17.46.010 Applicability of chapter.

The requirements and regulations specified in this title shall be subject to the following exceptions, modifications and interpretations.
(Ord. 16.76 § 1 (part), 1989)

17.46.020 Building lines.

Where the topography or other special circumstance of the area may call for a building line contrary to the requirements of any district under this title, the planning commission may establish building lines for the location of future buildings; provided, that they shall be shown on the zoning map followed by the designation OBL (Official Building Line).
(Ord. 16.76 § 1 (part), 1989)

17.46.030 Special uses requiring use permits.

A. No dancehall, roadhouse, nightclub, commercial club or any amusement or recreation, or any place where live entertainment is provided, shall be established in any district closer than two hundred feet from the boundary of any residential or open space district unless a use permit is first secured in each case.

B. Radio and television transmission towers, wireless communication facilities and accessory uses thereto, but not including radio and television broadcasting studios, shall be allowed in any nonresidential district, subject to securing a use permit in each case.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.97 § 1, 1996)

17.46.040 Private stables.

The following regulations shall apply in all cases for the maintenance of private stables.

A. The minimum lot upon which a horse may be kept is forty thousand square feet. One additional horse may be kept for each additional twenty thousand square feet above the square foot minimum.

B. Corrals and stables shall be located on the rear half of the lot and not closer than forty feet from any property line and/or dwelling on the same or adjacent property.

C. Contiguous parcels which are leased pursuant to a written or oral rental agreement may not be considered as a part of the minimum lot area requirements hereof. (Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989)

17.46.050 Height limits.

A. Towers, spires, or cupolas for the housing of equipment used solely to operate and maintain a building; chimneys, water tanks, flagpoles, monuments, noncommercial radio and television aerials and transmission

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towers, fire towers and similar structures and necessary mechanical appurtenances covering not more than ten percent of the ground area covered by a main primary structure may be erected to a height not more than twenty-five feet above the height limit prescribed by the regulations for the district in which the site is located. Utility poles and commercial towers shall not be subject to the height limits prescribed in the district regulations.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 4, 1991)

17.46.060 Area requirements.

A. The use of land as permitted for the district in which it is located shall be permitted on a building site of less area, width, depth or frontage than that required by the regulations for such district, providing such was a separate lot or parcel of record or was shown on a map of a recorded subdivision on the effective date of the ordinance codified in this title.

B. A lot shall not be subsequently divided so as to reduce the lot area, width, depth or frontage below the requirements of this title for the zoning district in which it is located.

C. Site area, width, depth and frontage requirements of this title shall not apply to sites used for public utility pumping stations, power stations, public utility installations and drainage ways, which shall require a use permit. Such requirements shall be determined by conditions of the use permit granted for the use.

D. The percentage of the site area covered by structures shall be measured by dividing the number of square feet of horizontal area covered by structures, open or enclosed, by the total horizontal area within the property lines of the site.

E. On a cul-de-sac turnaround or a curved street with a radius of curvature of two hundred feet or less, a site may have a frontage of not less than forty feet.

F. Flag lots.

1. The creation of flag lots may be permitted in any Single-family Residential R-1 district upon specific approval of the city council (see Figure 17.46.060 Flag Lot Diagram), after report and recommendation of the planning commission. To be considered for approval, a proposed flag lot shall meet, while excluding the flag/access easement area itself, all requirements of width, depth and area specified for lots in the district in which it is located and shall not, by its creation, result in any other lot failing to meet the width, depth and area requirements of its district. The lot must be served by a corridor (flag area) which shall be defined as that portion of the lot fronting on the street and having a width of less than the minimum required lot frontage for the district and which also meets the following conditions:
a. Has not less than twelve feet frontage;
b. Is nowhere less than twelve feet in width;
c. Is not more than one hundred fifty feet in length; and, d. Is suitable throughout its length for access by emergency vehicles;

2. The end of the flag/access easement area shall constitute the front yard of the lot. Lot area and the front yard setback shall be measured from this line, provided, that the minimum required setback must be maintained from any other lot line between the structure and the street upon which the flag area fronts.

3. The flag lot shall not result in more than four adjacent driveways in any two hundred feet along the frontage street.

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4. The flag lot must not otherwise be detrimental to the public health, safety or welfare or materially injurious to properties or improvements in the vicinity.

5. The new lot lines created shall be at right angles to the existing property lines. Angling lot lines or irregular lot lines to reduce the length of the flag is not consistent with the lot division standards.

6. Each flag lot and the lot in front of the flag lot must contain at least the required minimum site area required by the zoning district. The area of flag/access easement shall be included with the front lot and shall not be excluded in calculating the size of the front lot. Any paving located within the flag/access easement shall be included in the site coverage calculations for the front lot. The front lot shall conform with the parking and driveway area allowances specified in SVMC Section 17.44.030J.

7. All new or existing structures shall conform to the required setbacks after the creation of the new lot.

No subdivision will be approved that will create a nonconforming setback to an existing or proposed structure.

8. Where both parcels take access off the same street, new driveways shall be combined with an existing driveway, where feasible to limit the amount of impervious surfaces and the number of access points on streets.

9. Flag lots shall have the street address clearly visible from the street to identify a dwelling that is set back from the street.
(Ord. 16.76 § 1(part), 1989; Ord. 16.80 § 2, 1990; Ord. No. 16.119, § 1, 6-1-2005)

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Figure 17.46.060 Flag Lot Diagram

17.46.070 Yard exceptions and modifications.

A. On a residentially zoned site situated between sites improved with buildings, the minimum front yard depth shall be the average depth of the front yards on the improved sites adjoining the side lines of the site.

B. Where a site is not situated between sites improved with buildings and where sites comprising forty percent of the frontage on a block are improved with buildings, the minimum front yard depth shall be the average of the existing front yard depths on the block.

C. In computing average front yard depths, the figure of thirty feet shall be used in lieu of any front yard depth greater than thirty feet.

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D. Where an official plan line has been established by the city, the required yards on the street side of any lot shall be measured from such official plan lines, and in no case shall the provisions of this title be construed as permitting any structure to extend beyond such official plan line.

E. Architectural features including sills, chimneys, cornices, bay windows and eaves may extend into a required side yard no more than fifty percent of the required side yard nor more than two feet into a required front or rear yard.

F. Open unenclosed, uncovered balconies, porches, decks, platforms, stairways and landing places may extend into any required front or rear yard not more than six feet nor more than three feet into any required side yard.

G. In cases where the rear lot line abuts the side lot line of a key lot, a rear yard of fifteen feet shall be maintained from the rear lot line of such abutting lot.

H. In cases where a building site is less than sixty feet in width, a side yard of not less than five feet shall be required, except in commercial districts.

I. The minimum exterior side yard on a corner lot shall be ten feet.

J. Except in C, RM, RH and I districts, accessory structures may be located in a required rear yard, provided, that they shall not be located closer than three feet to the rear or side property lines. The partial or complete conversion of a one- or two- story detached accessory structure into a secondary dwelling unit or guesthouse is prohibited.

JK. Where there is more than one structure on a site exceeding sixteen feet in height, the minimum distance between the structures shall be ten feet. The minimum distance between such structures shall be increased one foot for every two feet of height above sixteen feet of height of the lowest of such structures.

KL. On the street side of a reversed corner lot, the side yard shall not be less than one-half of the required front yard of the adjoining key lot.

M. On a reversed corner lot, an accessory structure shall be located not closer to the rear property line than the required side yard on the adjoining key lot and not closer to the side property line adjoining the street than the required front yard of the adjoining key lot.

N. No accessory structure shall be located within six feet of the side lines of the front half of any adjacent lot.

The partial or complete conversion of an existing one- or two-story detached accessory structure with six (6) feet reduced yard setbacks (located in the front half of the property) into a secondary dwelling unit or guesthouse is prohibited. The conversion of an existing, legal, nonconforming detached accessory structure with yard setbacks greater than six (6) feet 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.

O. Detached accessory structures shall not be located within six feet of any alley. The partial or complete conversion of such structures into a secondary dwelling unit or guesthouse is prohibited.

P. In cases where an accessory building is attached to the main building, it shall be considered a part thereof.

Q. Except in commercial and industrial zoning districts, detached accessory buildings, may be located in the required rear yard, provided, that not more than twenty percent of the area of the required rear yard shall be covered by structures.

LR. In all cases where the front and rear property lines of a lot abut a street (a double frontage lot), the main buildings and accessory buildings thereon shall not be located closer to either street than the required front yard; provided, however, that in all cases where either street upon which the lot abuts is a street to which access to the subject lot has been legally precluded, then the setback required shall apply only from the street from which access is allowed.

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MS. In cases where the elevation of the front half of the lot at a point fifty feet from the centerline of the traveled roadway is seven feet above or below the grade of the centerline (fourteen percent or greater slope), a private garage attached or detached may be built to within five feet of the front property line.

T. 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, § 20, 6-4-2003)

17.46.080 Swimming pools, spas and hot tubs.

A. Every person who owns or possesses any premises where there is a swimming pool, or in-ground spa shall maintain a fence, wall or structure at least five feet high, completely enclosing the swimming pool or inground spa pursuant to the requirements of the California Building Code or other applicable building code.

Fencing or enclosures for above ground spas or hot tubs shall be in accordance with the applicable building code.

B. Swimming pools and spas are prohibited in the required front yard of all residential districts. Swimming pools and in-ground spas shall be located a minimum of five feet from the rear or side property line. Mechanical and/or air handling equipment for maintenance, temperature control and chemical balance of a swimming pool and/or spa shall be located a minimum of three feet from any property line and shall be entirely enclosed to muffle the noise.
(Ord. 16-112 § 9, 2000)

17.46.090 Moving of buildings.

A. No person or persons shall move or cause to be moved any building or structure without first obtaining a permit from the planning department.

B. An application shall be made showing the existing location of the structure to be moved together with the location to which it is proposed to be moved and its intended use.

C. If the planning department finds that the proposed structure to be moved and the intended use are within the zoning requirements, a permit shall be issued for moving the building.

D. If the planning department finds that the building to be moved is of substandard construction or unsound structurally, no permit shall be issued unless the person who wishes to move the building agrees to reconstruct the building or to otherwise structurally alter the building at its new location so as to bring the structure into compliance with the standards of the Uniform Building Code. In the event of the latter situation, the building inspector shall ascertain the amount of performance bond necessary to bring the structure into compliance with the Uniform Building Code and shall notify the applicant of the amount of the bond. No permit shall be issued in such situation unless and until an appropriate bond issued by a reputable surety authorized to do business in the state is filed with the planning department in favor of the city, in the designated amount. Any such performance bond shall be approved by the city attorney prior to its acceptance. In lieu of a performance bond, equivalent security may be accepted upon approval of the city attorney as to form and content.

E. All structures, other than single-family residences, to be relocated within the city shall be subject to design review board approval to assure that the structure is compatible with the design characteristics of the neighborhood in which it is proposed to be located.
(Ord. 16.76 § 1 (part), 1989)

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17.46.100 Kennels and small animal hospitals.

The following regulations shall apply in all cases for the maintenance of kennels or small animal hospitals.

A. The premises where kennels or small animal hospitals are maintained shall be entirely enclosed by a nontransparent fence a minimum of six feet in height.

B. The actual enclosure in which animals are treated or maintained shall be at least seventy-five feet from any residence.

C. The premises shall be kept in a neat and sanitary manner by the daily removal of offal and the use of sprays and disinfectants to prevent an accumulation of flies, the spread of disease or offensive odor. (Ord. 16.76 § 1(part), 1989)

17.46.110 Fences, walls and ornamental structures.

A. Fences may be embellished with arbors and trellises when the overall height of the fence, including the trellis or arbor, meets the height limits set forth in Table 17.46.110.G. Arbors are allowed in the required side and rear yards. Arbors are allowed in the required front yard setback if they are less than twenty square feet in roof area and placed so as not to block the line of sight. Arbors over twenty square feet in roof area or over eight feet in height and not more than ten feet in height, proposed within a front yard setback, may be approved by the planning commission through design review (see Section 17.50.030 D).

B. Light posts, mail boxes and related ornamental structures may be installed in front yards as long as the structure is less than two feet in width and eight feet in height, if an arbor or trellis see Section 17.46.110 A.

C. Fences and walls, or any combination thereof are allowed in all zoning districts subject to the type, height and related permitting regulations as specified in Table 17.46.110.G below.

D. Heights of fences and walls shall be determined based upon the adjacent grade of the fence or wall, unless the grade adjacent to a fence or wall varies from side to side or along the length of the fence or wall.

Whenever the grade adjacent to a fence or wall varies, the lowest grade surface adjacent to the fence or wall shall be used as the base to determine fence height.

E. No fence, wall or hedge located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curb lines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street (see Figure 17.46.110.H).

F. Fences and retaining walls taller than three feet may be allowed in the front yard of a residentially zoned lot subject to obtaining a Special Fence Permit as provided in Section 17.50.050.

Table 17.46.110 F. Fencing Locations, Heights, Types, Height Adjustments and Other Restrictions Zoning District Location Height Fencing Types, Special Height Adjustments and Other Requirements
All Residential
(R) and Open
Space (OS) zones
Front Yard 3 Fence Type: May be open, view or solid. Height Adjustment:

1. Fences and retaining walls taller than three feet in a front yard setback may be considered through approval of a
Special Permit as established in Section 17.50.050.

Interior
Side or
Rear Yard
8,
subject to
limitations
in
Fencing Type: May be open, view or solid. Fences Over Six Feet in Height: Any portion of a fence over six feet tall shall be open or view fence type, unless there is a grade
difference of no more than two feet between adjoining
properties then the fence can be all solid type fencing.

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next
column
Height Adjustment: Whenever the grade between adjoining properties exceeds two feet, the fence may be taller than eight feet in height as measured from the lower property elevation, if approved by the planning commission through design review (See Section 17.50.030 D).

Exterior
Side
or Rear
Yard
8 subject to
limitations
in
next
column
Fencing Type: May be open, view or solid. Side Yard Fences Over 3 Feet Tall: Whenever a fence over three feet in Height is located in an exterior side yard, a minimum three foot setback shall be provided between the property line and the fence. The side yard fence setback area shall be landscaped and irrigated with evergreen, drought tolerant plants of varying height. The landscaping plan shall be approved by the community development director.

Height Adjustment: The eight foot height limit may be
increased if special design features are included on or near the fence and if approved by the planning commission
through design review (See Section 17.50.030 D).

All other zones
(Commercial,
Industrial and
Public/Quasi
Public)
Front Yard 3 Fence Type: May be open, view or solid. Height Adjustment:

View fences may be allowed with increased heights up to eight feet if specific storage, display or security needs for outdoor storage of products or equipment is associated with the business and the design and appearance of the fencing is approved by the planning commission throughDesign review (See Section 17.50.030 D).

Interior
Side
or Rear
Yard
8 See interior side yard fences for residential uses listed above.

Same height limitations and restrictions apply.

Exterior
Side
or Rear
Yard
8 See exterior side yard fences for residential uses listed above. Same height limitations and restrictions apply.

G. Sight safety distance shall be determined by the figure below:

Figure 17.46.110 G Sight Distance Across Street Comer
(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 5, 1991; Ord. 16.99 § 1, 1996; Ord. 16.107 § 1, 1999; Ord. 16-112 § 10, 2000; Ord. 16-113 § 5, 2002; Ord. No. 16.118, § 1, 2-2-05)

17.46.120 Animal raising.

The following regulations shall apply in all cases where poultry, birds, rabbits or fur-bearing animals in any number and for any purpose are raised, kept or maintained.

A. All dead animals or birds and offal shall be removed and disposed of, and sprays and disinfectants shall be used so as to prevent the accumulation or spread of disease, flies or offensive odors.

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B. Where in excess of fifty birds are maintained in one block within a distance of one-quarter of a mile from any residence, ground sprays or ground cover shall be used to prevent the accumulation and spread of dust.
(Ord. 16.76 § 1 (part), 1989)

17.46.125 Beekeeping permits issued by the community development director.

A. Authority and Purpose.

1. The purpose of the beekeeping permit is to provide appropriate review and consideration of small scale beekeeping under the direction of the community development director or their designee, and to ensure that beekeeping on certain-sized parcels in single-family residential zones will not be detrimental or injurious to property and improvements and to the health, safety, and welfare of persons residing or working in the neighborhood of the proposed use.

2. Beekeeping requires review and approval of a beekeeping permit before any beekeeping on the subject property.

B. Definitions. The terms used herein have the following meanings:
"Apiary" means a place where bees, hive boxes, and related appliances wherever the same are kept, located, or found, especially a colony of bees kept for their honey. "Bee colony" is a group of bees which consist of the queen, the drones, and the worker which live in a hive box or similar receptacle.
"Beekeeping" (or apiculture, from Latin apis, bee) is the maintenance of honey bee colonies, commonly in hives, by humans. A beekeeper (or apiarist) keeps bees in order to collect honey and beeswax, for the purpose of pollinating vegetation, or to produce bees for sale to other beekeepers. "Bees" means honey-producing insects of the species aspis mellifica, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by the adults, except honey and rendered beeswax. Bees are a monophyletic lineage within the superfamily Apoidea, presently classified by the unranked taxon name Anthophila.
"Hive" is the same definition as bee colony.
"Hive box" means any box, receptacle, or container made or prepared for the use of bees, or similar container of which bees have taken possession. A hive box is usually called a Langstroth deep or super, and is roughly 19.75 inches long, 16.5 inches wide, and 9.5 inches tall. It contains ten frames of foundation on which the bees build comb for producing brood and food. A hive box needs some kind of top board, some kind of bottom board, and an entrance which is usually incorporated in the bottom board.

C. Applications and Submittal Requirements.

1. Application for a beekeeping permit shall be made on a form prescribed for this purpose by the city and shall be filed with the planning department, accompanied by the filing fee.

2. The application shall be accompanied by such maps, site plans, and other drawings, or information required or necessary to enable the community development director to make the determinations as set forth herein. The application form provided by the planning department shall provide a list of submittal requirements.

3. The filing fee for an application shall be as set forth by resolution of the city council.

D. Application Processing Procedures and Notice.

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1. The application shall be subject to review by the planning department to determine if the application is complete.

2. Upon deeming the application complete, the planning department shall send a notice to the applicant, property owner, the owners and tenants of property of the five parcels located closest to the subject property, and to all members of the planning commission. The notice shall indicate the date upon which the community development director will act on the permit and the intended action to be taken by the community development director. Such notices shall be mailed, via first class mail, a minimum of fifteen days prior to date that action is to be taken.

E. Development Standards. The community development director shall determine from data submitted whether the proposed beekeeping use and any related structures proposed for the beekeeping use will meet the development standards prescribed below, as determined by the community development director.

1. One bee colony and/or hive box will be allowed in single-family residential parcels which are greater than ten thousand square feet in size. Single-family residential parcels which are greater than forty thousand square feet may have up to two bee colonies and/or hive boxes;

2. No bee colony and/or hive box shall be located closer than twenty-five feet from any side or rear property line or adjacent residence or business;

3. Bee colonies and/or hive boxes shall be located in the rear of the property to the extent practical and feasible, as determined by the community development director; and

4. All properties on which a bee colony and/or hive box are kept must provide for adequate water sources on the property.

F. Required Findings. The application may be approved as submitted, disapproved, conditionally approved; or, the community development director may refer the requested beekeeping permit to the planning commission for consideration. The following finding shall be made by the community development director and/or planning commission: The proposed beekeeping use, location of the bee colony/hive box, its effect, and the resulting number of beekeeping permits in a neighborhood will not be detrimental or injurious to property and improvements, and to the health, safety, and welfare of persons residing or working in the neighborhood of the proposed use.

G. Appeals. Appeal from the determination by the community development director shall be to the planning commission in accordance with the procedures and subject to the provisions set forth in Section 17.50.060 of this chapter.

H. Penalty. Every person violating any provision of this section shall be guilty of a misdemeanor and subject to Title 4 of the Municipal Code.
(Ord. 16.130, § 4, 8-18-2010)

17.46.130 ReservedAccessory Structures.

A. Applicability. This section applies to all accessory structures except for fences, walls and ornamental structures as provided in Section 17.46.110 and accessory dwelling units (ADUs) as provided in Chapter

17.57. B. All Zoning Districts.

1. Accessory structures that comply with this section are permitted in all zoning districts.

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2. An accessory structure shall comply with all regulations applicable to the primary structure on the site unless specifically stated otherwise in this section or elsewhere in this title.

3. An accessory structure shall be clearly incidental and subordinate to the primary structure on the site.

4. An accessory structure shall be located on the same parcel as the primary structure.

5. An accessory structure attached to a primary structure shall be considered a part of the primary structure and shall comply with development standards applicable to the primary structure.

C. Residential Zoning Districts.

1. Development Standards. Accessory structures in residential zoning districts shall comply with the standards in Table 17.46-1.

Table 17.46-1: Accessory Structure Standards in Residential Zoning Districts Zoning District
R-1, R-R, R-MT R-M, R-H, R-VH
Property Line Setbacks (min)
Front and Street Side Same as primary dwelling
Rear and Interior Side 3 ft. for structures less than 8 ft. in height and 120 sq. ft. in size.

Same as primary dwelling for all other structures. [1]
Height (max)
Structure complies with district
yards
18 ft. on lots less than 10,000 sq. ft. [6]
25 ft. on lots 10,000 – 20,000 sq. ft. [6]
35 ft. on lots more than 20,000 sq. ft. [6]
18 ft. [2]
Structure does not comply with
district yards 10 ft.

Site Coverage (max) [5] 50% 55%
Floor Area (max)
Structure complies with district
yards 1,200 sq. ft. [3] No maximum, subject to
Structure does not comply with design review [2]
district yards 120 sq. ft.

Number of Structures per Lot (max)
Habitable structures 2 structures [4] No maximum, subject to Non-habitable structures No maximum design review [2]
Distance Between Structures (min)
Structures less than 16 ft. As required by building code Structures 16 ft. or more 10 ft. plus 1 ft. for every 2 ft. of height above 16 ft. of lowest structure Notes:
[1] No minimum setbacks for landscaping features such as planter boxes and open trellises, and children’s play equipment, movable dog houses, and similar movable objects.

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[2] On R-M, R-H and R-VH lots occupied by a single-family dwelling, accessory structure standards for height, floor area, and maximum number are the same as in the R-1 zoning district. [3] An accessory structure greater than 1,2000 square feet is allowed if the property owner records a deed restriction that limits the floor area of any portion of the accessory structure later converted to an ADU to no more than 1,000 square feet. The floor area of an accessory structure subject to such a deed restriction shall not exceed 100 percent of the primary dwelling floor area.
[4] Includes accessory dwelling units.
[5] Applies to all impervious surfaces on lot.
[6] In no case may an accessory structure exceed the height of the primary dwelling on the lot.

2. Reverse Corner Lots. On a reversed corner lot, an accessory structure 10 feet or more in height and/or 120 sq. ft. in size shall comply with the following minimum setbacks:
a. Rear property line: Same as the required side yard on the adjoining key lot. b. Side property line adjoining the street: Same as the required front yard of the adjoining key lot.

3. Alleys. An accessory structure shall be setback a minimum of 6 feet from an alley.

4. Double-Frontage Lots. An accessory structure on a double frontage lot shall comply with Section

17.46.070.L.

5. Hillside Lots.
a. See 17.46.070.M for front setback standards for garages on sloped lots. b. See 17.40.060 for design criteria in the hillside residential combining district.

6. Design of Site-built Accessory Structures. In the R-1, R-R, and R-MT zoning districts, the roof forms and pitches and exterior building materials and colors of site-built accessory structures shall be architecturally compatible with those of the 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.

D. Non-Residential Zoning District.

1. Accessory structures in non-residential zoning districts are subject to the same development standards as primary structures in the applicable zoning district.

2. See “accessory use” definition in 17.04.240 for limitations on the floor area of incidental uses in commercial and industrial zoning districts.

E. Habitable Accessory Structures.

1. An accessory structure with habitable space must either:
a. Contain a bathroom and kitchen facility and comply with the City’s accessory dwelling unit requirements in Chapter 17.57; or
b. Contain no plumbing connections or fixtures.

2. Habitable accessory structures with plumbing connections or fixtures but without kitchen facilities are not allowed.

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17.46.140 Temporary construction offices.

A trailer may be used as a temporary construction office in any commercial or industrial district upon compliance with the following regulations.

A. A temporary trailer permit shall be obtained upon approval of the planning department.

B. Use of the trailer shall be terminated and the trailer shall be removed from the site six months after the temporary permit is granted or within fifteen days of final building inspection, whichever is the first to occur, provided, that the term of use may be extended in the same manner as a use permit is extended for an additional period not to exceed six months. In no event shall the use of the trailer exceed a period of one year.

C. A deposit of cash, bond and/or certificate of deposit in a sum to be determined by the building official shall be required to guarantee the removal of the portable trailer.

D. A temporary trailer shall be permitted only after the issuance of a valid building permit for work to be done on the site where the construction office will be located.

E. No residential use shall be made of the temporary trailer except in commercial districts as provided in subsection F of this section.

F. Recreational vehicles/trailers may be utilized as temporary living quarters only for construction of public or nonprofit facilities, churches and schools located in the commercial district only as long as the following minimum standards are satisfied, which shall be in addition to the other standards, conditions and provisions set forth above in subsection A through D (which shall also apply):

1. A maximum of five temporary trailers/recreational vehicles shall be placed on any one site.

2. No temporary living quarters shall be located within three hundred feet of any existing residence.

3. All temporary living quarters shall connect to utilities (i.e., sewer, water and electricity) in conformance with the Uniform Building Code. No holding tanks, temporary septic systems or the like shall be permitted.

4. A permit shall be required prior to placement of recreational vehicles/trailers. The permit shall be issued by the planning director. In issuing such permit the planning director may impose reasonable conditions to ensure that the placement of recreational vehicles/trailers conforms to health and safety standards. The planning director may deny the permit if the director finds that the temporary living quarters may be detrimental to the health, safety or welfare of the neighborhood.

5. The minimum site area for the use of temporary living quarters on a jobsite shall be one-andone-half acres.

6. If conditions are not adhered to or written complaints are received, the planning director may revoke the permit or add conditions to the permit in the interest of public health, safety or welfare.

7. Applicant and/or property owner shall sign a binding agreement to vacate the property and cease the activity within five days of written request by the planning director. In the event there is an immediate threat to public health, safety or welfare, the planning director may require the use to cease immediately.

8. The temporary living quarters shall be located on the site on which the construction will occur. (Ord. 16.76 § 1 (part), 1989; Ord. 16.80 § 1, 1990)

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17.46.150 Covenants for easements.

A. Creation of Easement by Covenant. In addition to any other method for the creation of an easement, an easement for parking, ingress, egress, emergency access, light and air access, landscaping or open space purposes may be created by a recorded written covenant of easement made by an owner of real property to the city pursuant to this section. The purpose of the covenant is to implement the goals and policies of the General Plan.

B. Contents of Covenant. The covenant of easement shall contain the following:

1. The legal description of the real property to be burdened by the covenant of easement and the real property to be benefited thereby;

2. The legal description or a scale drawing of the easement showing the location of the easement on the restricted property;

3. The purpose for which the covenant of easement is made;

4. The terms, conditions or limitations, if any, imposed upon the use of the easement;

5. An identification of the approval, permit or designation granted by the city which relied upon or required the covenant;

6. A statement that the covenant of easement is made pursuant to this section.

C. Common Ownership Required. At the time of recording the covenant of easement, all of the real property benefitted or burdened by the covenant shall be in common ownership.

D. Execution and Recording. The covenant of easement shall be duly executed by the owner(s) of the real property to be restricted and shall be recorded by the city in the office of the recorder of the county of Santa Cruz. The cost of recordation shall be borne by the owner(s) of the real property to be restricted by the covenant.

E. Effect of Recording. The covenant of easement shall be effective when recorded and shall act as an easement pursuant to Chapter 3 (commencing with Section 801) of Title 2 of Part 2 of Division 2 of the State Civil Code, except that it shall not merge into any other interest in the real property. From and after the time of its recordation, the covenant shall impart notice thereof to all persons to the extent affordable by the recording laws of the state. Section 1104 of the California Civil Code shall be applicable to a conveyance of the affected real property.

F. Enforcement. A covenant of easement executed and recorded pursuant to this section shall be enforceable by the city and/or the successors in interest to the real property benefitted by the covenant; and the burdens of the covenant shall be binding upon the successors in interest to the real property burdened thereby, and the benefits of the covenant shall inure to the successors in interest to the real property benefitted thereby.

Nothing in this section shall create in any person other than the city and the owner of the real property benefitted or burdened by the covenant standing to enforce or to challenge the covenant or any amendment thereto or release therefrom.

G. Release of Covenant. A covenant of easement made pursuant to the provisions of this section shall be released upon a determination by the city council that the restriction of the real property burdened by the covenant is no longer necessary to achieve the land use goals of the city, all pursuant to the procedure herein below specified.

1. Upon the application of any person (whether or not that person has title to the affected real property) filed with the city clerk, accompanied by payment of any fee established by resolution of the city council or upon the city council's own initiative, the matter of release of the covenant shall

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automatically be referred to the planning commission for report and recommendation to the city council following a public hearing conducted by said commission. The commission shall make its report and recommendation to the city council within forty-five days of the reference date. The public hearing conducted by the commission shall be noticed in accordance with the provisions of Section 17.50.090 of this title.

2. Upon receipt of the report and recommendation of the planning commission, the city council shall schedule a public hearing on the matter of the release of the covenant of easement within thirty days.

The hearing shall be noticed in accordance with the provisions of Section 17.50.090 of this title. The hearing may be continued from time to time but shall be concluded within thirty days of the hearing date, except as the time may be extended upon written consent of the applicant. Upon a determination of the city council that the restrictions on the real property burdened by covenant of easement is no longer necessary to achieve the land use goals of the city, the covenant of easement shall be released; otherwise, it shall not be released. The decision of the city council shall be in writing and shall be supported by adequate findings. Notice of the decision shall forthwith be given to the applicant and to the owner(s) of the affected real property.

3. If the covenant of easement is to be released, a release shall forthwith be recorded by the city in the office of the recorder of the county of Santa Cruz. Upon recordation of the release, the covenant of easement shall be of no further force or effect.

4. Fees to cover the reasonable cost of processing the release, including, without limitation, the costs of administering the provisions of this section, shall be set by resolution of the city council and shall be paid by the applicant at the time of filing of the application.

H. Authority for Section. This section is adopted pursuant to and in accordance with the provisions of Article 2.7 (commencing with Section 65870) of Chapter 4 of Division 1 of Title 7 of the Government Code. (Ord. 16.76 § 1 (part), 1989)

17.46.160 Construction standards.

A. Dust. Dust from grading and construction operations must be controlled. The permittee may be required to keep adequate equipment on the construction site to prevent dust problems.

B. Hours of Operation. All construction activity shall be limited to the hours between eight a.m. and six p.m., Monday through Friday, and nine a.m. through five p.m. on Saturday. No construction activity is allowed on Sunday.
(Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.50 ADMINISTRATIVE PROCEDURES, REQUIRED PERMITS AND APPEALS Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:14 [EST] (Supp. No. 33)

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Chapter 17.50 ADMINISTRATIVE PROCEDURES, REQUIRED PERMITS AND

APPEALS

17.50.010 Variances.

A. Purpose. The purpose of the variance procedure is to allow variation from the strict application of the terms of this title. These variances may be allowed in order to prevent or lessen such practical difficulties and unnecessary hardships inconsistent with the objectives of the zoning title as would result from a strict or literal interpretation and enforcement of the regulations prescribed by this title. These difficulties or hardships may be caused by the size, shape or dimensions of a site, the location of existing structures thereon, or from geographic, topographic or other physical conditions on the site or in the immediate vicinity. Except as otherwise specifically provided in this title to the contrary, variances may be granted to the application of any of the regulations of this title. Variances shall not be granted for the purpose of allowing a use not permitted in the zoning district.

B. Authority. The planning commission shall have the authority, subject to the provisions of this chapter, to grant such variances from the provisions of this title as may be in harmony with its general purpose and intent, so that the spirit of this title and the General Plan upon which it is based shall be observed and the public safety and welfare secured.

C. Application.

1. Application shall be made to the planning commission on a form prescribed for that purpose by the city. The application shall be filed with the planning department and shall contain the following information:
a. The name and address of the applicant;
b. The description of the property involved and the street address, if any; c. All details of the proposed construction or use of such property, including information as to special circumstances, necessity, desirability and effect upon neighboring property and inhabitants;
d. Evidence that the applicant is the owner or purchaser under contract of the property involved, is the owner of a leasehold interest, or has the written permission of the owner to make application; and
e. Such other information as may be required by the planning department.

All plans, drawings, photos, reductions and other information that may be required shall be submitted to the planning department before the application is officially accepted as complete. A list of required information shall be available in the planning department or on the application form.

2. The filing fee shall be as set forth by resolution of the city council.

3. All applications shall be reviewed by the planning department within thirty days after they are received to determine whether they can be officially accepted as complete. If they are not complete, the planning department staff shall notify the applicant what additional information is needed.

D. Public Hearing By Planning Commission.

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1. Notice of Hearing. Notice of public hearing of the application shall be given pursuant to the requirements described in Section 17.50.090 of this chapter.

2. Public Hearing Procedure. The planning commission shall consider the application for the variance at a public hearing, to be held not later than forty days following the date the application is accepted as complete. The variance shall become effective upon the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal has been filed with the City Council in accordance with procedure set forth in Section 17.50.060 of this chapter.

E. Necessary Findings. The planning commission shall grant a variance only when all of the following findings are made:

1. A hardship peculiar to the property and not created by any act of the owner, exists;

2. That because of exceptional or extraordinary circumstances of subject property, including size, shape, topography, location or surroundings, the strict application of the terms of this title is found to deprive subject property of privileges enjoyed by other properties in the vicinity and under identical zone classifications;

3. That the granting of the variance will be in harmony with the general intent and purpose of zoning objectives and will not be materially detrimental to public health, safety or welfare or injurious to property or improvements in the vicinity;

4. That the granting of such variance shall not constitute a grant of special privilege inconsistent with the limitations upon other property in the vicinity and under identical zone classifications.

F. Conditions. A variance may be revocable, may be granted for a limited time or may be granted subject to such conditions as the planning commission may prescribe. In the event of a violation of any condition imposed on the variance, the planning department shall notify the property owner of such violation and shall give the owner a reasonable time within which to correct the violation. Failure of the owner to correct a violation within the time allowed shall be grounds for revocation of the variance. A variance applies only to the property for which it has been granted and may not be transferred to any other property.

G. New Application.

1. A variance shall lapse and become void two (2) years following the date on which the variance became effective unless by condition of variance, a greater time is allowed or unless prior to the expiration of the variance, a building permit is issued by the building inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the application. Variances may be extended for an additional period of up to one (1) year, provided that prior to its expiration an application for extension is filed with the planning commission. The planning commission may grant or deny a request for extension, based on its judgment as to whether the reasons and justifications for extension are compelling and such extension will not be detrimental to the public health, safety and welfare. When granting a request for extension, the planning commission may add conditions or modify conditions of approval applied to the original application.

2. Following the denial of a variance application or the revocation of a variance, no application for the same or substantially the same request shall be filed within one year of the date of denial or revocation of the variance, unless explicitly authorized by the planning commission or the denial or revocation is declared to be without prejudice to the filing of a new application within one year.

H. Revocation.

1. Any variance granted may be revoked by the planning commission after appropriate proceedings as herein provided upon a finding that any term or condition of the variance is not being satisfied. Such revocation may be initiated by the planning commission or by the planning director. The planning commission shall then set the matter for public hearing, giving notice thereof as prescribed in Section

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17.50.090 of this chapter. At the time set for hearing, the commission shall receive pertinent evidence concerning the alleged violations and, upon conclusion of the hearing, shall on the basis of all the evidence and testimony submitted render its decision. The decision of the commission shall be final unless appealed to the city council.

2. If the variance revocation is appealed to the city council, the written findings of fact on the alleged violations shall be submitted to the council along with the planning commission decision, whereupon the city council shall set the matter for hearing within thirty days thereof, giving notice of the hearing as prescribed in Section 17.50.090 of this chapter. At the hearing, the city council shall consider the commission's recommendation and at the conclusion thereof may sustain, modify, reject or overrule, wholly or partly, any decision of the commission on revocation. The decision of the city council shall be final.

I. Decision—Findings—Continuance of Hearing. Any decision hereunder by the planning commission or by the city council on appeal shall be in writing and shall be supported by adequate findings as required by law, and a copy of such decision and findings shall forthwith be provided to the applicant and/or appellant, as the case may be, following the conclusion of the hearing on the matter. Any hearing held hereunder may be continued from time to time as necessary, except as may otherwise be provided in this title.

J. Appeal. All decisions of the planning commission hereunder shall become final at the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal is filed within this period of time with the city clerk. All such appeals shall be subject to the provisions of Section 17.50.060 of this chapter.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 11, 1991; Ord. 16.84 § 4, 1992; Ord. No. 16-122, § 4, 5-3-2006)

17.50.015 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 this subsection.

1. Any person seeking a large family child care home permit shall submit an application for such permit to the community development director, including a site plan, setting forth any such reasonable required information that the community development director shall request, on application forms created by the community development director that reflect the standards in subsection (4) and (5) of this section and encourage the applicant to hold an informational neighborhood meeting prior to the submittal of the application. The community development director shall process the permit as economically as possible, and fees charged for review shall not exceed the costs of the review and permit process. The community development director shall act on the application within forty-five days of the date it is deemed complete. If a hearing is requested pursuant to subsection (3) of this section, the community development director may postpone decision on the application for up to sixty days from the date the application is deemed complete.

2. At least ten days prior to the date on which the community development director will make a decision on an application for a large family child care home, the community development director shall give notice of the proposed use by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred foot radius of the exterior boundaries of the proposed large family child care home.

3. No hearing shall be held before a decision is made on the application, unless a hearing is requested by the applicant or other affected person. (For purposes of this subsection, "affected person" means a person who owns property or lives within a one hundred foot radius of the proposed large family child care home.) If a hearing is requested, it shall be conducted by the planning commission, and the

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community development director shall give notice of the hearing by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred radius of the exterior boundaries of the proposed large family child care home.

4. The community development director, planning commission or the city council shall grant a large family child care permit to the applicant upon finding that the proposed large family child care home:
a. Conforms with all applicable city restrictions and regulations on yards, building height, setback, and lot coverage standards in the zone in which the residence is located. Legally nonconforming structures and uses shall be deemed to conform for purposes of this finding. b. Is either situated on a lot zoned for single family dwellings or meets a minimum standard of seventy-five square feet of outdoor activity space for each child. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners.
c. Is not located within a five hundred foot radius of the exterior boundaries of any existing large family child care home or child care center.
d. Provides a least two parking spaces for customers during the family day care home's hours of operation, and provides parking for any employees of one off street parking space for employees who are not permanently residing at the house. The parking spaces shall be in a manner to be readily and safely utilized by the customer(s). The required parking spaces may be located on the street along the property frontage (off-site) or on the driveway (on-site). The following are examples of acceptable parking areas:

1. On street parking areas along the property frontage,

2. Guest parking spaces reserved for the use of the dwelling unit, or

3. A private driveway exclusively serving a single dwelling unit such as a single family home. e. Complies with the following limitations when the dwelling unit is provided with a private driveway and/or garage:

1. If the driveway is specified as the parking area for the use of the large family child care home, the driveway shall remain clear and available for customer(s) during the hours of operation; the parking spaces shall not be used by the property owner or child care home operator or employees during the hours of operations,
f. Provides adequate access to the facility with minimal disruption to local traffic and circulation, including safe and adequate drop-off/pick-up areas, such as curb spaces and driveway areas that are of sufficient size and are located to avoid interference with traffic and to provides for the safety of children,
g. Seeks, by design and layout of the site and considerate operational plans, to avoid noise which may be a nuisance to neighbors, consistent with local noise ordinances implementing the noise element of the general plan and taking into consideration the noise levels generated by children.

Site plans revisions may be required by the community development director to minimize noise impacts, such as location of outside play areas, height and location of fences, and similar measures.

5. As conditions of approval, the applicant shall be required to:
a. Comply with applicable building codes,
b. Comply with any standards promulgated by the State Fire Marshall pursuant to subdivision (d) of Section 1597.46 of the California Health and Safety Code related to large family child care homes

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and dwelling units, and submit a letter from the fire district approving the safety of the structure for use as a large family child care home pursuant to these standards, c. Be licensed or deemed to be exempt from licensor by the State of California for a large family child care home.
d. Comply with any conditions imposed by the community development director deemed necessary to satisfy the requirements of subsection (4) of this section.

6. The applicant or other affected person may appeal the decision. The procedures for appealing the decision shall be that the applicant or affected party must submit a written appeal to the community development director within fourteen calendar days of the decision. The appellant shall pay the cost of the appeal.

7. A large family child care home permit shall expire if the use is not in operation for a period of one year.

8. Large family child care home permits may, with thirty days notice, be revoked by the community development director if there are any violations to the permit issued.

9. Large family child care homes that are licensed by the state at the time this ordinance is codified will have six months from the date of codification to register with the city as an existing non conforming use. There will be no fee for registering.
(Ord. 16.124, § 1, 9-19-2007)

17.50.020 Conditional use permits.

A. Purpose. Use permits may be revocable, conditional or valid for a term and may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Due to their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties.

In order to achieve these purposes and provide the district use regulations the necessary flexibility, the planning commission is empowered to grant and to deny applications for use permits and to impose such reasonable conditions in connection with a use permit as it deems necessary to secure the purposes of this title. The planning commission may require in connection therewith guarantees and evidence that such conditions will be satisfied.

B. Application.

1. Application shall be made to the planning commission on a form prescribed for that purpose by the city. The application shall be filed with the planning department and shall contain the following information:
a. The name and address of the applicant;
b. The description of the property involved and the street address, if any; assessor's parcel numbers shall suffice for purposes of this section unless only a portion of the parcel is intended for use; in such event, a metes and bounds description of the area proposed to be developed will be required;
c. An indication of the precise interest of the applicant in the property; d. Plans and elevations necessary to show the detail of the proposed use or building; and e. Such other information as may be required by the planning department.

All plans, drawings, photos, reductions and other information that may be required shall be submitted to the planning department before the application is officially accepted as complete. A

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list of required information shall be available in the planning department or on the application form.

2. The filing fee shall be as set by resolution of the city council.

C. Public Hearing by Planning Commission.

1. Notice of Hearing. Notice of public hearing of the application shall be given pursuant to the requirements described in Section 17.50.090 of this chapter.

2. Public Hearing Procedure. The planning commission shall consider the application for a conditional use permit at a public hearing, to be held not later than forty days following the date the application is accepted as complete. The conditional use permit shall become effective upon the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal has been filed with the city council in accordance with the procedure set forth in Section 17.50.060 of this chapter.

D. Necessary Findings. The planning commission may grant an application for a use permit as applied for or in modified form, if on the basis of the application and the evidence submitted the following findings are made:

1. The proposed location of the conditional use is in accordance with the objectives of the zoning ordinance and the purposes of the district in which the site is located.

2. The establishment, maintenance or operation of the use or building will not, under the circumstances of the particular case, be detrimental to the health, safety, peace, morals, comfort and general welfare of persons residing or working in the neighborhood of the proposed use or be detrimental or injurious to property and improvements in the neighborhood or to the general welfare of the city.

E. Transferability. A use permit shall run with the land and shall continue to be valid upon a change of ownership of the site or structure which is the subject of the use permit unless a shorter time is allowed by condition of approval, the use permit shall be valid for one year after the use has ceased.

F. New Application.

1. A use permit approval shall become void one year following the date on which the use permit became effective unless, by condition of the use permit, a great time is allowed or unless, prior to the expiration of one year, a building permit is issued by the building inspector and construction is commenced and diligently pursued toward completion on the site which was the subject of the use permit application. Use Permit approval may be extended for an additional period of up to one year, provided that prior to its expiration one year from the effective date, an application for extension is filed with the planning commission. The planning commission may grant or deny a request for extension, based on its judgment as to whether the reasons and justifications for extension are compelling and such extension will not be detrimental to the public health, safety and welfare. When granting a request for extension, the planning commission may add conditions or modify conditions of approval applied to the original application.

2. Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same use on the site shall be filed within one year from the date of denial or revocation of the use permit, unless explicitly authorized by the planning commission, or denial or revocation of the use permit is declared to be without prejudice to the filing of a new application within one year.

G. Revocation.

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1. Any use permit granted may be revoked by the planning commission after appropriate proceedings as provided herein upon a finding that any term or condition of the use permit is not being met. Such revocation may be initiated by the planning commission or by the planning director. The planning commission shall then set the matter for public hearing, giving notice thereof as prescribed in Section

17.50.090 of this chapter. At the time set for hearing, the commission shall receive pertinent evidence concerning the alleged violations and, upon conclusion of the hearing, shall on the basis of all evidence and testimony submitted render its decision. The decision of the commission shall be final unless appealed to the city council.

2. If the revocation is appealed to the city council, written findings of fact on the alleged violations shall be submitted to the city council along with the planning commission decision, whereupon the city council shall set the matter for hearing within thirty days thereof. At the hearing, the city council shall consider the commission's decision and at the conclusion thereof may sustain, modify, reject or overrule, wholly or partly, any decision of the commission on revocation. The decision of the city council shall be final.

H. Decision—Findings—Continuance of Hearing. Any decision hereunder by the planning commission or by the city council on appeal shall be in writing and shall be supported by adequate findings as required by law, and a copy of such decision and findings shall forthwith be provided to the applicant and/or appellant, as the case may be, following the conclusion of the hearing on the matter. Any hearing held hereunder may be continued from time to time as necessary, except as may otherwise be provided in this title.

I. Appeal. All decisions of the planning commission hereunder shall become final at the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal is filed within this period of time with the city clerk. All such appeals shall be subject to the provisions of Section 17.50.060 of this chapter.
(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 12, 1991; Ord. 16.84 § 5, 1992; Ord. No. 16-122, §§ 5, 6, 5-3-2006)

17.50.030 Design review procedures.

A. Authority and Purpose.

1. A design review process is established to carry out the objectives of the city's general plan and related zoning ordinances and to ensure that permits for construction as set out hereinafter will be carried out in a manner which is not detrimental to the surrounding uses and is consistent with the overall planning goals of the city. Any reference in this code to the "design review board" shall, in accordance with Section 2.16.050, be a reference to the planning commission.

2. The following required permits shall not be issued for the following uses until design review approval has been obtained:
a. Uses requiring design review approval in the zoning district regulations; b. All permanent signs as required in the zoning district regulations and as required in Chapter

17.56 of this title;
c. Any other project referred to the design review process by the planning director.

B. Applications.

1. Application for design review approval shall be made on a form prescribed for this purpose by the city and shall be filed with the planning department, accompanied by the filing fee referenced below.

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2. The application shall be accompanied by such maps, colors to be used, material board, location and types of all signs to be placed on the buildings, site plans, all elevations and other drawings as are necessary to enable the planning commission to make the determinations as set forth herein.

3. The filing fee for an application shall be as set forth by resolution of the city council.

C. Submittal Requirements. The applicant shall submit the following drawings, as appropriate, along with the application for review:

1. A site plan, drawn to scale, showing the proposed layout of structures and other improvements, including, where appropriate, driveways, pedestrian walks, off-street parking and off-street loading areas, landscaped areas, fences and walls. The site plans shall indicate the locations of entrances and exits, the direction of traffic flow in and out of off-street parking and loading areas, the location of each parking space and each loading area, critical dimensions and the type of trash enclosure to be used;

2. Architectural drawings drawn to scale showing all elevations of the proposed structures as they will appear upon completion. All exterior surface materials and their colors shall be specified and the size, locations, material, colors and illumination of all signs shall be indicated;

3. A landscape plan for the site of a structure of use showing the locations of existing trees proposed to be retained on the site, the location and design of landscaped areas and the varieties of plant materials to be planted and all other landscape features.

D. Standards for Review. All design review manuals approved or adopted by the council as city policy shall be used by the planning commission as a guideline for review of applications before it. A list of these manuals shall be kept on file in the office of the planning department. The manuals are intended to help the applicant become aware of the issues that the planning commission considers important in the design of a project. In implementing the purposes of these manuals, the planning commission shall consider in each specific case any or all of the following items as may be appropriate:

1. The siting of any structure on the property as compared to the siting of other structures in the immediate neighborhood;

2. Materials, colors, proportion, mass and detail. All structures shall be in good proportion, have simplicity of mass and detail and be compatible in appearance with surrounding structures. There shall be an appropriate use of materials; colors shall be appropriate within the context of use and should blend with surrounding structures;

3. The size, location, design, color, number, lighting and materials of all signs and outdoor advertising structures. No sign shall be approved in excess of the maximum limits set by this title, but the size or number of signs in any area subject to design control may be reduced below this maximum number or limit;

4. Landscaping and Irrigation. Landscaping and irrigation plans shall be required on the site. Landscaping shall be in keeping with the character or design of the building. Existing trees shall be preserved wherever possible;

5. The size, location and arrangement of on-site parking and paved areas;

6. Ingress, Egress and Internal Traffic Circulation. All the above factors shall be related to the setting or established character of the neighborhood or surrounding area.

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

8. Arbors in front yards, over twenty square feet in roof area or between eight and ten feet in height: the design compatibility with the main primary structure and structures in the neighborhood, the mass and

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scale of the arbor, line of sight visibility for pedestrians and motorists in addition to other applicable standards of this section.

E. Required Findings.

1. The planning commission shall determine from data submitted whether the proposed building, structure or other improvement will meet the design standards prescribed in this section and in this title. The application may be disapproved, may be approved as submitted or may be conditionally approved. The approval shall be noted by an endorsement of the planning department on the submitted plans as approved.

2. For a proposed multi-unit residential project, the planning commission shall approve design review if the project complies with:
a. The Multi-Unit Residential Design Standard as adopted by City Council resolution; and b. All other applicable objective standards, including standards in this title, the General Plan, and any applicable specific plan.

F. Expiration. Design approval shall lapse and become null and void two years following the effective of the design review permit date unless by a condition of the design permit, a greater time is allowed or unless a building permit is issued by the building division and construction is commended and diligently pursued toward completion. Design approval may be extended for an additional period of up to one year, provided that prior to its expiration, an application for renewal is filed with the planning commission. In case of an application that requires approval of the city council, planning commission approval shall expire at the same time the city council approval expires. The planning commission may grant or deny a request for renewal, based on its judgment as to whether the reasons and justifications for renewal are compelling. When granting a request for renewal, the planning commission may add conditions or modify conditions of approval applied to the original application.

G. Appeals. Appeal from the determination by the planning commission shall be to the city council in accordance with the procedures and subject to the provisions set forth in Section 17.50.060 of this chapter. (Ord. 16.76 § 1 (part), 1989; Ord. 16.79 § 1, 1990; Ord. 16.82 § 13, 1991; Ord. 16.87 § 3 (part), 1993; Ord. 30.9 § 2, 1996; Ord. 16-112 § 11, 2000; Ord. No. 16-122, § 7, 5-3-2006)

17.50.035 Ministerial design review.

A. Purpose. Ministerial design review is a by-right approval process to determine project compliance objective standards.

B. Review Authority. The community development director shall review and act on design review applications or may may refer the application to the planning commission for review and final decision.

C. Application Submittal and Review. A ministerial design review application shall be made using a form provided by the planning department, together with all required information, materials, and application fees.

D. Public Notice and Hearing.

1. The Planning Commission shall consider a ministerial design review application at a hearing with notice given as described in Section 17.50.090 of this chapter.

2. After receiving public comment and considering the proposed project, the planning commission must either approve the application, deny the application, or continue the hearing to a future date.

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3. The hearing may be continued only if additional information is needed to determine project conformance with objective standards. A hearing may be continued one time after which the planning commission must render a decision.

E. Decision. The Planning Commission shall approve a ministerial design review application if the project complies with all applicable objective standards in the general plan, any applicable specific plan, and the municipal code.

F. Appeals.

1. Ministerial design review decisions may be appealed as provided in Section 17.50.060 of this chapter.

2. The subject of appeal is limited to the determination of project conformance with applicable objective standards.

17.50.040 Home occupations.

The purpose of this chapter is to provide opportunities for limited commercial and business activities within residential neighborhoods, provided the activities are compatible with, and do not detract from the peace, quiet, character, and quality of the city's residential areas.

Home occupations shall require a business license secured from the city and are allowed in any residential premises or dwelling in any residentially zoned district subject to the following regulations:

A. No premises shall be used for a home occupation unless the user has a business license for a home occupation;
B. The home occupation shall be clearly incidental to the use of the structure as a residential premises or dwelling;
C. No one other than a resident of the residential premises or dwelling shall be regularly employed in the conduct of a home occupation;
D. The equipment, materials, machinery or mechanical devices used shall have no discernible impact on the adjacent properties;
E. The conduct of the home occupation shall not create pedestrian, automobile or truck traffic in the vicinity of the residential premises or dwelling in excess of the amount created by nearly residential properties;
F. There shall be no use of commercial vehicles for delivery of materials or supplies to or from the premises other than usual parcel deliveries and no deliveries or customer visits between the hours of ten p.m. and eight a.m.;
G. There shall be no operation of the home occupation or storage of materials or supplies, indoors or outdoors, in a manner which is visible from adjacent properties, walkways or streets; H. No advertising signs or devices other than a name plate may be displayed and the name plate shall not exceed one square foot in area and must be affixed to the residential premises or dwelling; I. No more than one business vehicle with a manufacturer's gross vehicle weight of more than one ton shall be kept outside the garage at the residential premises or dwelling. All parking shall be in conformance with the city's off-street parking regulations and semi-tractor trailers are strictly prohibited;
J. No home occupation shall alter the residential character of any portion of the property; K. No home occupation shall be permitted which has a building/fire code rating of B2 or greater or which requires a hazardous materials permit; and

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L. Any home occupation must conform to the commercial/industrial standards contained in Section

17.44.020 of this title including Section 17.44.020(C)(3) relating to noise standards. (Ord. 16.76 § 1 (part), 1989; Ord. 16.90 § 1, 1994)

17.50.050 Special Permits Issued by Community Development Director.

A. Authority and Purpose.

1. A special permit process is established to carry out the objectives of the city's general plan and related zoning ordinances and to ensure that permits for construction as set out hereinafter will be carried out in a manner which is not detrimental to surrounding uses, site improvements, safety and is consistent with the overall planning goals of the city. The purpose of the special permit process is to allow for small projects to be reviewed for conformity with the zoning ordinance with appropriate review and consideration under the direction of the community development director or their designee.

2. The following uses or construction are subject to approval of a special permit prior to installation:
a. Fences taller than three feet, but no taller than six feet, or retaining walls taller than three feet within the front yard setback of a residentially zoned parcel subject to meeting one or more of the following eligibility criteria:

1. The site conditions warrant use of a taller fence or retaining wall due to slope conditions which require erosion control or stabilization, or for vehicular access;

2. The site has an unusual shape or size or where the site conditions warrant use of the front yard for the exclusive personal use of the occupants where no other yard space is available for such use;

3. The site is located in an area of excessive noise which deprives the occupants of the use of the site in a manner enjoyed by other properties in the neighborhood (such as from commercial uses and Hwy. 17);
B. Applications and Submittal Requirements.

1. Application for special permit review shall be made on a form prescribed for this purpose by the city and shall be filed with the planning department, accompanied by the filing fee referenced below.

2. The application shall be accompanied by such maps, site plans, colors and materials, elevations, landscape plans, and other drawings, reports or environmental information required or necessary to enable the community development director to make the determinations as set forth herein. The application form provided by the planning department shall provide a list of submittal requirements.

3. The filing fee for an application shall be as set forth by resolution of the city council.

C. Application Processing Procedures and Notice.

1. The application shall be subject to review by the planning department to determine if the application is complete.

2. Upon deeming the application complete, the planning department shall send a notice to the applicant, property owner, the owners of property located within a 100 foot radius of the property lines of the site and to all members of the planning commission. The notice shall indicate the date upon which the community development director will act on the permit and the intended action to be taken by the community development director. Such noticed shall be mailed, via first class mail, a minimum of 15 days prior to date that action is to be taken.

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D. Standards for Review. All special permits shall be reviewed for consistency with the city's general plan and the requirements of the zoning ordinance. The community development director shall consider the standards for review as contained in Section 17.50.030 regarding design review that are applicable to the type of special permit being requested.

E. Development Standards. Each application for a special permit shall be reviewed for conformance with minimum special design standards applicable to the type of permit as specified below.

1. Fences and Retaining Walls:
a. The fence/wall shall be set back a minimum of three feet from the property line to provide space for landscaping between the fence/wall and the property line. b. Use of chain link fencing shall be discouraged in areas except where it is not visible or where such fencing can be landscaped with evergreen vines;
c. The proposed fence/wall design incorporates architectural design features such as decorative wood patterns, landscaping, brick, stone and other materials or design elements to make the fence/wall attractive in appearance and less obtrusive; d. The proposed fence/wall incorporates horizontal or vertical articulation features, which minimize any potential corridor or tunnel effect;
e. The propose fence/wall does not impact neighboring properties by significantly blocking access to sunlight.

F. Required Findings. The community development director shall determine from data submitted whether the proposed building, structure or other improvements will meet the standards for review prescribed in this section. The application may be disapproved, may be approved as submitted, conditionally approved or the community development director may refer the special permit request to the planning commission for consideration. The approval shall be noted by an endorsement of the planning department on the submitted plans as approved. The following findings shall be made by the community development director:
a. The standards for review provided in Section 17.50.030.D shall be met as applicable to the proposed special permit;
b. For fences and retaining walls over three feet in the front yard setback, the following additional findings shall be made:

1. The proposed fence or retaining wall shall be located in a manner to provide safe ingress and egress for the site and adjacent properties;

2. The effect of the proposed fence or retaining wall shall not be harmful to the character of the neighborhood;

3. The length and or location of the proposed fence or wall shall be harmonious with the character of the area;

4. The impact of the fence or wall is minimized by the presence of areas of unimproved right-of-way between the fence or wall and the improved right of way. c. For retaining walls over three feet in the front yard setback, the following additional findings shall be made:

1. A series of retaining walls may be allowed where the exposed portion of any retaining wall does not exceed three feet in height;

2. Between each retaining wall, landscaping shall be provided to soften the appearance of the height of the retaining wall.

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G. Lapse of Special Permit Approval. Special Permit approval shall lapse and become null and void from the period of time granted on the permit as determined by the community development director unless prior to expiration of said period, a building permit is issued and construction has commenced and is diligently pursued toward completion. If a building permit is not required, construction shall be commenced and diligently pursued toward completion. An extension of an additional period of up to one year may be granted by the community development director, provided that prior to its expiration, an application for renewal is filed with the planning department. The community development director may grant or deny a request for renewal, based on their judgment as to whether the reasons and justifications for renewal are compelling.

When granting a request for renewal, the community development director may add conditions or modify conditions of approval applied to the original application.

H. Appeals. Appeal from the determination by the community development director shall be to the planning commission in accordance with the procedures and subject to the provisions set forth in Section 17.50.060 of this chapter.
(Ord. No. 16.118, § 2, 2-2-05)

17.50.060 Appeals.

A. Appeals to Planning Commission. An appeal may be taken to the planning commission by the applicant or any interested person from the whole or any portion of an administrative determination or decision made by an official of the city pursuant to any of the provisions of this chapter.

B. Appeals to City Council. An appeal may be taken to the city council by the applicant or any interested person from the whole or any portion of a decision made by the planning commission, design review board, committee or commission, officer or board of the city authorized to enforce or administer this title, pursuant to any of the provisions of this chapter, excluding tree removal permits.

C. Notice of Appeal—Filing Fee. All appeals under this chapter shall be made by filing a notice of appeal clearly identifying the determination or decision from which the appeal is taken and stating the grounds for the appeal. The notice of appeal shall be accompanied by the payment of a filing fee in such amount as established from time to time by resolution of the city council.

D. Filing Notice of Appeal.

1. The notice of an appeal to the planning commission shall be filed with the secretary of the planning commission.

2. The notice of an appeal to the city council shall be filed with the city clerk.

E. [Reserved.]
F. Time Limit on Notice of Appeal. The appellant shall file the notice of appeal and pay the filing fee thereon with fourteen calendar days after the date of the decision.

G. Effect of Filing Notice of Appeal. The filing of a notice of appeal shall stay the issuance of any permit, variance, or other entitlement provided by the terms of Title 17, as well as the effectiveness of the determination or act appealed, until such time as the matter is determined on appeal.

H. Review by Planning Commission.

1. Scheduling of Hearing; Notice. Upon receipt of the notice of appeal and payment of the filing fee, the secretary of the planning commission shall schedule the matter for hearing at the next available regular meeting of the planning commission to be held within thirty calendar days after the date on which the notice of appeal is filed and the fee paid. The secretary of the planning commission shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the

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appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 17.50.090 of this chapter.

2. Conduct of Hearing by Planning Commission. The planning commission shall conduct a de novo review on the appeal. No public hearing shall be required unless the administrative determination or decision was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the planning commission, in its sole discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal at the time the hearing is held.

3. Decision by Planning Commission. The planning commission may affirm, reverse or modify in whole or in part the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the commission. Where an appeal has been filed pertaining to only a portion of a determination or decision, the planning commission shall have authority to review the entire matter and may affirm, reverse or modify in whole or in part the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the commission. The decision of the planning commission shall be rendered by the planning commission not later than the second regularly scheduled meeting after the hearing commenced, unless by mutual agreement of the planning commission and applicant the period of time for rendering a decision is extended. The decision of the planning commission shall be in writing and shall be supported by adequate findings. The planning commission shall forthwith transmit a copy of the decision to the applicant and appellant.

I. Review by City Council.

1. Schedule of Hearing; Notice. Upon receipt of the notice of appeal and payment of the filing fee, the city clerk shall schedule the matter for hearing at the next available regular meeting of the city council to be held within thirty calendar days after the date on which the notice of appeal is filed. The city clerk shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 17.50.090 of this chapter.

2. Conduct of Hearing by City Council. The city council shall conduct a de novo review on the appeal. No public hearing shall be required unless the decision by the planning commission was made in connection with a proceeding which required a public hearing; provided, however, that nothing herein shall prevent the city council, in its sole discretion, from receiving testimony or other evidence from any person pertaining to the subject matter of the appeal at the time the hearing is held.

3. Decision by City Council. The city council may affirm, reverse or modify the decision of the planning commission, and may refer the matter back to the planning commission for such further action as may be directed by the council. Where an appeal has been filed pertaining to only a portion of a decision by the planning commission, the city council shall have authority to review the entire matter and may affirm, reverse or modify all or any other portion of the decision notwithstanding the fact that no appeal has been taken therefrom. The city council shall forthwith transmit a copy of its decision to the applicant, the appellant and the body whose action is appealed. The decision of the city council shall be in writing, shall be supported by adequate findings and shall be final.

J. Hearing on Appeal. The city council shall have the power to continue any hearing on an appeal from time to time; provided, however, that a decision shall be rendered by the city council not later than their second regularly scheduled meeting after the hearing commenced, unless by mutual agreement of the city council and the applicant the period of time for rendering a decision is extended. When the period of time is

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extended, the decision of the council shall be rendered not later than the end of the extension period. In any event, upon rendering a decision, written notice thereof shall forthwith be given to the appellant and to the applicant, if different from the appellant.
(Ord. 16.82 § 7, 1991; Ord. 16.84 § 6, 1992; Ord. 16.123, §§ 55—57, 9-5-2007)

17.50.070 Notice of hearing on appeal— Generally.

Except as to those specified in Section 17.50.060 of this chapter or any other provision of this title, notice of any hearing on appeal under this title shall be given in accordance with and pursuant to the provisions of Section

17.50.090 of this chapter.
(Ord. 16.76 § 1 (part), 1989)

17.50.080 Special consideration of appealable actions.

Notwithstanding any other provision of this title or any other ordinance or resolution of the city, all acts or determinations which are appealable, as referenced in Section 17.50.060A and B, to the city council shall be considered and acted on by the city council upon the request of any member of the city council, provided, that such a request, outlining the reasons why such special consideration of the matter is appropriate, is filed in writing with the city clerk within the time period provided for filing an appeal as specified in Section 17.50.060 of this chapter. Without in any way limiting the foregoing, the provisions of Section 17.50.060 of this chapter relating to the processing and disposition of an appeal, including, without limitation, notification and the time period for rendering a decision, shall apply; provided, however, that no hearing shall be held on the sufficiency of the request. The council member requesting such special consideration shall not be considered an appellant, shall not have to pay any filing fee and shall be considered fully qualified to act on all such matters. The filing of any such request for special consideration shall have the effect of staying the issuance of any permit or variance provided by the terms of this title, as well as the effectiveness of the act or determination involved, until the matter is disposed of as provided in Section 17.50.060 of this chapter.
(Ord. 16.76 § 1 (part), 1989)

17.50.090 Notice of public hearing procedures—Mail or delivery.

1. The owner of the subject real property (or the owner's duly authorized agent) and the project applicant. In the case of an appeal, in addition to the foregoing persons, notice shall also be given to the appellant and the commission, board, committee or officer whose act or determination is appealed;

2. Each local agency expected to provide water, sewage, streets, roads, schools or other essential facilities or services to the project whose ability to provide those facilities and services might be significantly affected;

3. Any person who has filed a written request for notice with the city clerk. Any such request shall be renewed annually;

4. All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the records

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of the county assessor or tax collector which contain more recent information than the assessment roll may be utilized. If the number of owners to whom notice would be mailed or delivered pursuant to this subdivision or subdivision 1 of this subsection, is more than one thousand, in lieu of mailed or delivered notice, notice may be provided by one publication of a display advertisement of at least one eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing;

5. If the notice is mailed or delivered pursuant to subdivision 4 of this subsection, the notice shall also either:
a. Be published once in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or
b. Be posted at least ten days prior to the hearing in at least three public places within the city, including one public place in the area affected by the proceeding.

B. The notice shall include the date, time and place of the public hearing, the identity of the hearing body or officer, a general explanation of the matter to be considered and a general description, in text or by diagram, of the location of the real property, if any, that is the subject of the hearing.

C. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.

D. The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the action for which notice was given. (Ord. 16.76 § 1 (part), 1989)

17.50.100 Notice of public hearing— Publication or posting.

A. Whenever any provision of this title requires notice of public hearing to be given in accordance with the provisions of this section, the city clerk shall cause notice thereof to be published once in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or if there is no such newspaper of general circulation, the notice shall be posted at least ten days prior to the hearing in at least three public places within the city.

B. The notice shall include the information specified in subsection B of Section 17.50.090 of this chapter.

C. In addition to the notice required by this section, the city may give notice of the hearing in any other manner it deems necessary or desirable.
(Ord. 16.76 § 1 (part), 1989)

17.50.110 Authority of the city council.

Upon hearing the appeal, the city council, as final appellate body, shall consider the record and such additional evidence as may be offered and shall find whether, in its opinion, error was made. The city council may, within the terms of this title, affirm, reverse or modify the action appealed as it deems just and equitable and may exercise all rights of any other officer, commission, board or committee. The city council shall forthwith transmit a copy of its decision to the applicant, the appellant and the body whose action is appealed. The decision of the city council shall be in writing, shall be supported by adequate findings and shall be final. (Ord. 16.76 § 1 (part), 1989)

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Title 17 - ZONING
Chapter 17.54 ADMINISTRATION, INTERPRETATION AND ENFORCEMENT Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:15 [EST] (Supp. No. 33)

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Chapter 17.54 ADMINISTRATION, INTERPRETATION AND ENFORCEMENT

17.54.010 Administration, interpretation and enforcement.

A. All department officials and public employees of the city vested with the duty or authority to issue permits, certificates or licenses shall conform to the provisions of this title and shall issue no permit, certificate or license for uses, buildings or purposes in conflict with the provisions of this title; and any such permit, certificate or license issued in conflict with the provisions of this title, intentionally or otherwise, shall be null and void.

B. The planning director and planning commission, with the assistance of the city attorney, shall be responsible for the administration, interpretation, enforcement and correction of violations of the provisions of this title, subject to the provisions of Section 17.54.060 of this chapter.

C. It shall be the duty of the building official to review each application for a building permit and to refuse to issue a permit for the erection, construction, reconstruction, moving, conversion, alteration or addition to any building or structure or the use of any building, land or premises, not in conformity with the provisions of this title. The issuance of a building permit shall not, however, stop the city from enforcing any of the provisions of this title, nor shall said building permit constitute a waiver of any provision of this title or any permit required under the provisions of Chapter 17.50 or any other chapter of this title. (Ord. 16.76 § 1(part), 1989)

17.54.020 State law applicable.

The provisions of this title shall be subordinate to and superseded by the controlling provisions of any applicable state law or laws in the event of conflict as said state law or laws presently exist or may hereafter be amended.
(Ord. 16.76 § 1(part), 1989)

17.54.030 Abatement of nuisance.

Any building or structure set up, erected, constructed, altered, enlarged, converted, moved or maintained contrary to the provisions of this title and any use of any land, building or premises established, conducted, operated or maintained contrary to the provisions of this title, shall be and the same is declared to be unlawful and a public nuisance and the city attorney shall, upon order of the city council or upon the written request of the planning director or planning commission, immediately commence action or proceedings for the abatement and removal and enjoinment thereof in the manner provided by law, and shall take such other steps and shall apply to such courts as may have jurisdiction to grant such relief as will abate and remove such building or structure and restrain and enjoin any person, firm or corporation from setting up, erecting, building, maintaining or using any such building or structure or using property contrary to the provisions of this title. The remedies provided for herein shall be cumulative and not exclusive.
(Ord. 16.76 § 1(part), 1989)

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17.54.040 Enforcement.

In addition to remedies provided by any other provisions of law, the planning director shall have the authority to implement the enforcement of the provisions of this title by any of the following means:

A. Serving notice requiring the correction of any violation of this title upon the owner, agent, occupant or tenant of the improvement, building, structure or land; B. Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this title, and the city attorney is hereby authorized to institute any actions to that end; C. Calling upon the chief of police and officers of the police department to assist in the enforcement of this title.

17.54.050 Violations constituting misdemeanor or infraction offense—Penalties.

A. The violation of any provision contained in this Title 17 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, unless such violation is designated in subsection B of this section as an infraction offense.

B. The violation of any regulations contained in the following chapters and sections is declared to be unlawful and shall constitute an infraction and a public nuisance, subject to the penalties as prescribed in Chapter 1.08 of this code:

1. Chapter 17.5741 (Secondary dwelling units and guesthousesAccessory dwelling units);

2. Chapter 17.58 (Junior accessory dwelling units);

32. Section 17.44.030 (Off-street parking and loading requirements);

43. Section 17.44.080 (Tree protection regulations);

54. Chapter 17.56 (Sign regulations);

65. Section 17.44.150 (External antennae);

76. Section 17.46.040 (Private stables);

87. Section 17.46.050 (Height limits);

98. Section 17.46.080 (Swimming pools, spas, and hot tubs); 109. Section 17.46.100 (Kennels and small animal hospitals); 110. Section 17 46.110 (Fences, walls and ornamental structures); 121. Section 17.46.140 (Temporary construction offices); 132. Section 17.46.160 (Construction standards);

13. Section 17.50.040 (Home occupations).
(Ord. 16.76 § 1(part), 1989; Ord. 16.82 § 6, 1991; Ord. 16.115, § 21, 6-4-2003)

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17.54.060 Severability.

If any chapter, section, subsection, sentence, clause or phrase of this title is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this title. The city council hereby declares that it would have passed and adopted this title and each chapter, section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more chapters, sections, subsections, sentences, clauses or phrases might be declared invalid or unconstitutional.
(Ord. 16.76 § 1(part), 1989)

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Title 17 - ZONING
Chapter 17.56 SIGNS
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Title 17 - ZONING
Chapter 17.60 REQUESTS FOR REASONABLE ACCOMMODATION
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Chapter 17.60 REQUESTS FOR REASONABLE ACCOMMODATION

17.60.010 Purpose and intent.

In accordance with federal and state fair housing laws, it is the purpose of this chapter to provide reasonable accommodations in the city's zoning and land use regulations, policies, and practices when needed to provide an individual with a disability equal opportunity to use and enjoy a dwelling.

In order to make specific housing available to an individual with a disability, any person may request a modification or exception to the rules, standards, practices, and land use regulations, and policies for the siting, development, and use of housing or housing-related facilities that would eliminate regulatory barriers and provide a persons with a disability equal opportunity to housing of their choice.

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts. (Ord. No. 16-137, 7-15-2015)

17.60.020 Definitions.

For the purposes of this chapter, the following definitions shall apply:
"Disabled person" means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability (42 U.S.C. 3602(h)). "Fair housing laws" or "the Acts" means (1) the federal Fair Housing Act (42 U.S.C. § 3601 and following) and (2) the California Fair Employment and Housing Act (Gov't. Code § 12955 and following), including amendments thereto.
"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrail s or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.
(Ord. No. 16-137, 7-15-2015)

17.60.030 Review authority.

A. Community Development Director or Designee. The community development director or designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The community development director or designee may refer the matter to the planning commission, at his or her discretion, when a reasonable

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accommodation request includes the following items, but not limited to: any encroachment into the setback areas, results in a building size increase above what is permitted in the applicable zoning district with respect to height, lot coverage, or whenever a reduction in required parking is requested.

B. Planning Commission. The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the community development director. (Ord. No. 16-137, 7-15-2015)

17.60.040 Noticing.

A public hearing is not required for a reasonable accommodation request reviewed and decided upon by the community development director. Upon deeming the application complete, the planning department shall send a notice to the applicant, property owner, the owners and tenants of property of the five parcels located closest to the subject property, and to all members of the planning commission. The notice shall indicate the date upon which the community development director will act on the permit and the intended action to be taken by the community development director. Such notices shall be mailed, via first class mail, a minimum of fifteen days prior to date that action is to be taken. Requests for reasonable accommodation subject to review and decision by the planning commission shall require a public hearing pursuant to the advance noticing requirements of Chapter

17.50 of the Scotts Valley Municipal Code.
(Ord. No. 16-137, 7-15-2015)

17.60.050 Application and submittal requirements.

A. Application. The applicant shall submit a request for reasonable accommodation on a form provided by the City of Scotts Valley planning department. The application shall include the following information, and shall be filed with the planning department, accompanied by any required fee:

1. The applicant's name, address and telephone number;

2. Address of the property for which the request is being made;

3. The name and address of the property owner, and the owner's written consent to the application;

4. The current use and/or activity of the property;

5. A description of the basis that the individual is considered disabled under the fair housing laws:
identification and description of the disability which is the basis for the request for accommodation, including current, written medical certification and description of disability and any effects on the person 's medical, physical or mental limitations;

6. The policy, program, regulation or standard adopted by the City of Scotts Valley applicable to the request for accommodation, including the development standard or regulation from which reasonable accommodation is being requested;

7. A description of the specific accommodation request;

8. A description of the basis by which the accommodation is reasonable and necessary for the needs of the affected disabled person(s);

9. Copies of plans, drawings, pictures, and/ other supporting data that provide sufficient information to render a decision (plans and drawings will be to standard scale);

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10. Other reasonable requests for information requested by the city to facilitate the rendering of a decision, consistent with fair housing laws.

B. Review with other Related Applications. If the development, project or proposal for which the reasonable accommodation is being requested also requires some other discretionary approval (such as conditional use permit and/or design review), then the applicant shall submit the reasonable accommodation application for a determination by the community development director, at the same time with the other applications.

C. Required Fees. Any fee required for an application for reasonable accommodation shall be set by resolution of the city council.
(Ord. No. 16-137, 7-15-2015)

17.60.060 Standards.

The decision to approve, approve with conditions, or deny an application for reasonable accommodation shall be based on a finding of consistency within the meaning of this chapter and shall take into consideration all of the following factors:

A. Required Findings.

1. The housing or housing related facilities will be used by an individual with a disability under the Acts;

2. The requested accommodation is necessary to make specific housing available to an individual with a disability under the Act;

3. The requested accommodation would impose an undue financial or administrative burden on the city; and

4. The requested accommodation does not negatively affect the character of the zoning district and intent of adopted city, policies, regulations, programs or laws.

B. Development Standards and Conditions.

1. An approved request for reasonable accommodation is subject to the applicant's compliance with all other applicable zoning regulations.

2. An approved reasonable accommodation request under this chapter is considered a personal request for accommodation by the applicant and shall not run with the land. The reasonable accommodation shall terminate upon any sale, transfer, lease or other conveyance of the property.

3. Where appropriate, the applicable reviewing authority may condition its approval on any or all of following:
a. Periodic inspection of the location, as specified in the application, to verify continued compliance with the provisions of this section and any conditions of approval; b. Prior to any sale, transfer, lease or other conveyance of the property, or at the time the need for the reasonable accommodation is no longer necessary, the owner of the property shall bring the property into conformance with the city's Zoning Code to the extent that relief was provided under the Zoning Code as part of the request for reasonable accommodation;
c. Time limits and/or expiration of the approval if it can be determined that the Applicant's reasons for approving the accommodation no longer exists;

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d. Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;
e. Methods, design considerations and features that reduce the impact on surrounding uses; f. Methods, design considerations and features the preserve the integrity of the property and structures;
g. Other reasonable accommodations providing an equivalent level of benefit they will not result in an encroachment into required setbacks, permitted exceedance of height limits, lot coverage or floor area ratio requirements specified for the applicable zoning district; and,
h. Other conditions necessary to protect the public health, safety and welfare of Scotts Valley residents.
(Ord. No. 16-137, 7-15-2015)

17.60.070 Decisions.

A. Decision by Community Development Director. The community development director shall render a decision (or refer the matter to the planning commission) within thirty days after the planning department determines the application is complete, per application requirements set forth in Section 17.60.050.A. of this chapter. The application shall be approved, approved with conditions, or denied, based on the findings set forth in Section 17.60.060. The city shall notify the applicant of the decision. The written decision shall explain in detail the basis of the decision, including the community development director's finding on the factors stated in Section 17.60.060.

B. Decision by Planning Commission. If the application for reasonable accommodation is referred to, or reviewed by, the planning commission, a decision to approve, approve with conditions or deny the application shall be decided at the scheduled public hearing, based on the findings set forth in Section

17.60.060.
(Ord. No. 16-137, 7-15-2015)

17.60.080 Appeals.

Any decision on an application under this chapter shall be subject to appeal pursuant to Section 17.50.060 (Appeals) of the Scotts Valley Municipal Code.
(Ord. No. 16-137, 7-15-2015)

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Title 17 - ZONING
Chapter 17.62 DENSITY BONUS
Scotts Valley, California, Code of Ordinances Created: 2023‐10‐13 15:45:16 [EST] (Supp. No. 33)

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Chapter 17.62 DENSITY BONUS

17.62.010 Purpose
This chapter establishes procedures to implement State Density Bonus Law, as set forth in California Government Code Sections 65915-65918. State Density Bonus Law provides density bonuses and other incentives to facilitate production of affordable and senior housing. This chapter also implements General Plan Housing Element policies to provide additional housing in Scotts Valley for lower-income households, seniors, and persons with special needs.

17.62.020 Definitions
A. State Density Bonus Law. Definitions in State Density Bonus Law apply to the terms in this chapter.

B. “Other Incentives.” As used in this chapter, the term “other incentives” includes the following:

1. Incentives and concessions (Government Code Section 65915(k)).

2. Waiver or reduction of development standards (Government Code Section 65915(e)).

3. Reduced parking ratios (Government Code Section 65915(p)).

17.62.030 Application Procedures
A. Concurrent Request. An applicant shall request a density bonus and other incentives concurrently with the first permit application required by the City for the housing development.

B. Submittal Requirements. An application shall include following information and materials:

1. For a density bonus:
a. Summary table showing:
(i) Maximum density (in units per acre) on the site permitted by the Zoning Code and General Plan excluding any density bonus units.
(ii) Maximum number of dwelling units on the site permitted by the zoning and general plan excluding any density bonus units.
(iii) Proposed affordable units by income level
(iv) Proposed bonus percentage.
(v) Number of density bonus units proposed.
(vi) Total number of proposed dwelling units.
(vii) Resulting density in units per acre.
b. For projects in a General Plan land use designation with no maximum units per acre standard, a completed Maximum Allowable Density Worksheet available from the Community Development Department.

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c. The subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and documentation demonstrating that the housing development is eligible for a bonus under that subparagraph. d. If the applicant seeks an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.
e. A site plan, drawn to scale, showing the number and location of all proposed units, designating the location of affordable units and density bonus units. f. A description of all dwelling units existing on the site in the five-year period preceding the application submittal date and identification of any units:
(i) Rented in the five-year period;
(ii) Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to households of lower or very low income; or
(iii) Subject to any form of rent or price control.
g. If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known. h. The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.
i. If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and documentation that each of the requirements included in Government Code Section 65915 (g) can be met.

2. For incentives and concessions (Government Code Section 65915(k)):
a. The number of requested incentives.
b. The existing requirement and requested modification to the requirement. c. Except where mixed-use zoning is requested as an incentive, reasonable documentation to show that each requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.
d. If mixed-use zoning is a requested incentive, reasonable documentation that:
(i) Nonresidential land uses will reduce the costs of the housing development; (ii) Nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the housing development will be located, and
(iii) Mixed-use zoning will provide for affordable housing costs and rents.

3. For a waiver or reduction of development standards (Government Code Section 65915(e)):
a. The proposed waivers or reductions of development standards. b. Reasonable documentation that the existing standard physically precludes the construction of the housing development at its proposed density.

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4. For reduced parking ratios (Government Code Section 65915(p)). a. The number of parking spaces required for the proposed project by the Zoning Code. b. The reduced number of parking spaces proposed.
c. The paragraph under Government Code Section 65915(p) (or other statute) under which the housing development qualifies for the parking reduction. d. Reasonable documentation that the housing development is eligible for the requested parking reduction.

5. For a density bonus or incentives for a child care facility (Government Code Section 65915(h)):
a. Reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6. For a density bonus or incentives for a condominium conversion (Government Code Section 65915.5)):
a. Reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

7. For a commercial development bonus (Government Code Section 65915.7):
a. Reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

8. For any density bonus or other incentives where the housing development would replace an affordable unit (Government Code Section 65915(c)(3)(A)):
a. Reasonable documentation that all of the requirements included in Government Code Section 65915(c)(3)(A) can be met.

C. Application Review.

1. The City shall review a request for a density bonus and other incentives concurrently with the permit application required for the housing development.

2. The City shall notify the applicant whether the application is complete in a manner consistent with the timelines specified in Government Code Section 65943.

3. When the City deems the application complete, the City shall provide the applicant with a determination of the following:
a. The amount of density bonus, calculated pursuant to Government Code Section 65915(f), for which the applicant is eligible.
b. If the applicant requests a parking ratio pursuant to Government Code Section 65915(p), the parking ratio for which the applicant is eligible.
c. If the applicant requests incentives and concessions pursuant to Government Code Section 65915 (d) or waivers pursuant to Government Code Section 65915(e), whether the applicant has provided adequate information for the City to review and take action on the requested incentives and/or waivers.

D. City Action.

1. General.

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a. The City shall act on a request for a density bonus and other incentives concurrently with the permit application required for the housing development. The same review authority that acts on the permit application shall also act on density bonus and other incentive request. b. For permit applications that require a public hearing, a staff report shall describe project conformance with State Density Bonus Law as demonstrated by application materials submitted pursuant to Section 18.030.040.B (Submittal Requirements).

2. Incentives and Concessions. The City shall grant an incentive or concession (Government Code Section 65915(k)) requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053. b. The proposed incentive or concession would be contrary to state or federal law; or c. The proposed incentive or concession would:
(i) Have a specific, adverse impact, as defined in Government Code Section 65589.5(2)(d), upon the public health or safety or on any real property that is listed in the California Register of Historic Resources; and
(ii) There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderateincome households.

3. Waiver or Reduction in Development Standards. The City shall grant a waiver of development standards (Government Code Section 65915(e)) requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:
a. The proposed waiver would be contrary to state or federal law. b. The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources.
c. The proposed waiver would:
(i) Have a specific, adverse impact, as defined in Government Code Section 65589.5(2)(d), upon the public health or safety; and
(ii) There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderateincome households.

4. Child Care Centers. If a child care center complies with the requirements of Government Code Section 65915(h), the decision-making body may deny a density bonus or incentive that is based on the provision of child care facilities only if it makes a written finding, based on substantial evidence, that the City already has adequate child care facilities.

5. Coastal Zone. For a housing development within the coastal zone, the review authority must find that the requested density bonus or other incentive is consistent with the certified Local Coastal Program, with the exception of density. The granting of a density bonus or an incentive shall not be interpreted, in and of itself, to require a local coastal plan amendment.

E. Appeals. Appeals of the permit decision required for the housing development shall include all requests under State Density Bonus Law.

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17.62.040 General Provisions
A. Density Bonus Calculation.

1. All density bonus calculations resulting in fractional units are rounded up to the next whole number.

2. In determining the number of affordable units required to qualify for a density bonus, units added by a density bonus are not included in the calculations.

B. One Density Bonus Allowed.

1. Except where a housing development is eligible for an additional bonus pursuant to Government Code Section 65915(v), each housing development is entitled to only one density bonus.

2. If a housing development qualifies for a density bonus under more than one category, the applicant shall identify the category under which the density bonus is requested to be granted.

C. Density Bonus Amount.

1. The applicant may accept a lesser percentage of density bonus than the housing development is entitled to, or no density bonus, but no reduction is permitted in the percentages of affordable units required by State Density Bonus Law.

2. Regardless of the number of affordable units, no housing development is entitled to a density bonus greater than what is authorized under State Density Bonus Law.

D. Inclusionary Requirement.

1. On-site units that satisfy the City’s inclusionary housing requirements in Municipal Code Chapter

14.01 (Redevelopment Agency Affordable Housing Production Requirements) and will be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law.

2. Payment of fees in lieu of providing affordable units under Municipal Code Section 1814.02.050 (Inlieu housing fees and alternative compliance options) does not qualify a housing development for a density bonus.

E. Financial Incentives.

1. Nothing in this chapter requires the provision of direct financial incentives from the City for the housing development, including, but not limited to, the provision of financial subsidies, publicly owned land, fee waivers, or waiver of dedication requirements.

2. The City, at its sole discretion, may choose to provide such direct financial incentives.

17.62.050 Affordable Unit Design and Construction
A. Timing. Building permits, final inspections, and certificates of occupancy shall be issued concurrently for the market rate units and for all affordable units that qualified the project for a density bonus, incentive, waiver, or parking reduction.

B. Appearance and Quality.

1. Affordable units shall be comparable in exterior appearance and overall quality of construction to market rate units in the same housing development.

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2. Interior finishes and amenities may differ from those provided in the market rate units, but neither the workmanship nor the products may be of substandard or inferior quality as determined by the City.

C. Unit Size. To comply with fair housing laws, the affordable units shall contain the same proportional mix of bedroom sizes as the market-rate units.

D. Access to Amenities. In mixed-income buildings, the occupants of the affordable units shall have the same access to the common entrances and to the common areas, parking, and amenities of the project as the occupants of the market-rate housing units.

E. Location within Building. Affordable units shall be located throughout a building and not isolated on one floor or to an area on a specific floor.

17.62.060 Regulatory Agreements
A. General.

3. If a density bonus or other incentive is approved pursuant to this chapter, the applicant shall enter into a binding affordable housing agreement or restrictive covenant, as described below, with the City. This agreement or covenant shall implement State Density Bonus Law and ensure compliance with this chapter.

4. The agreement or covenant shall be in a form approved by the City Attorney and executed by the City Manager or their designee.

5. The agreement or covenant shall be binding on all future owners and successors in interest.

6. The applicant shall record the agreement or covenant against the housing development prior to final or parcel map approval, or, where a map is not being processed, prior to issuance of building permits for the housing development.

B. Rental Projects. For affordable rental projects, the applicant shall enter into an affordable housing agreement with the City that:

1. Requires the continued affordability of all rental units that qualified the applicant for the density bonus or other incentive for a minimum of 55 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program;

2. Identifies the type, size and location of each affordable unit;

3. Specifies the eligible occupants;

4. Specifies phasing of the affordable units in relation to the market-rate units; and

5. Contains other relevant provisions approved by the City Attorney.

C. For-Sale Projects.

1. For projects with affordable for-sale units, the applicant shall enter into an affordable housing agreement with the City that requires the following:
a. The initial purchasers of those for-sale units that qualified the applicant for the density bonus or other incentive shall be persons and families of lower or moderate income, as applicable; b. If any for-sale unit is not purchased by an income-qualified household within 180 days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a

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contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and
c. The units will be resold only to households of lower or moderate income for a minimum of 45 years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or homebuyer assistance program.

2. The agreement shall contain other relevant provisions approved by the City Attorney.

3. The City shall enforce an equity sharing agreement consistent with State Density Bonus Law unless it conflicts with the requirements of another public funding source or law.

D. Market-Rate Senior Projects. For market-rate senior projects, the applicant shall enter into a restrictive covenant with the City to require the housing development to be operated as "housing for older persons" consistent with state and federal fair housing laws.

17.62.070 Interpretation
If any portion of this chapter conflicts with State Density Bonus Law or other applicable state law, state law shall supersede this chapter. Any ambiguities in this chapter shall be interpreted to be consistent with State Density Bonus Law. Statutory references in this ordinance include successor provisions.

17.62.010 Intent and purpose.

This density bonus ordinance is intended to provide incentives for the production of affordable housing, senior housing and the development of child care facilities. In offering these incentives, this chapter is intended to implement the goals, objectives, and policies of the city's General Plan and to further implement and be subject to the requirements of state law (Government Code Sections 65302, 65913, and 65915—65918 et seq.). In the event that any provision in this chapter conflicts with state law, state law shall prevail. (Ord. No. 16-136, 7-15-2015)

17.62.020 Definitions.

The following terms used in the section shall be defined as follows:
"Affordable housing/affordable housing unit" means a housing unit which is available for sale to moderate income households or for rent to low and/or very low income households, as those terms are defined in this section.
"Affordable rent" means a monthly rent charged to low and very low income households for housing units as calculated in accordance with Section 50053 of the Health and Safety Code. "Child care facility" means a facility that provides non-medical care and supervision of minor children for periods of less than twenty-four hours and is licensed by the California State Department of Social Services, further subject to the definition in California Government Code Section 65915(h)(4). "Condominium" means a form of housing tenure and other real property where a specified part of real estate, usually of an apartment house, is individually owned. Use of land access to common facilities in the piece such hallways, heating system, elevators, and exterior areas are executed under legal rights associated with the

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individual ownership. These rights are controlled by the association of owners that jointly represent ownership of the whole piece.
"Density bonus" means a density increase for residential units over the otherwise allowed residential density under the applicable zoning and land use designation on the date an application is deemed complete. "Density bonus housing agreement" means a legally binding agreement between a developer and the city to ensure that continued affordability of the affordable housing units required by this chapter persists and the units are maintained in accordance with this chapter.
"Density bonus units" means those additional residential units granted pursuant to the provisions of this chapter.
"Housing authority" means an appointed body of the City of Scotts Valley authorized to engage in or assist in the development or operation of affordable housing.
"Housing development" means a development project for five or more residential units. Within this chapter, it shall also include a subdivision or common interest development, a project which rehabilitates and converts a commercial building to a residential use and a condominium conversion of an existing multi-family building. "Incentives or concessions" means regulatory concessions which include, but are not limited to, the reduction of site development standards or zoning code requirements, approval of mixed-use zoning in conjunction with the housing development, or any other regulatory incentive which would result in identifiable, financially sufficient, and actual cost reductions that are offered in addition to a density bonus. "Initial subsidy" means the fair market value of the home at the time of initial sale minus the initial sale price to the moderate-income household, plus the amount of any down payment assistance or mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value. (e.g., X (fair market value of the home to be purchased) - Y (the price the moderate income family paid for the home) + Z (amount of any down payment assistance) = Initial Subsidy). "Low income household" means a household whose income does not exceed eighty percent of the area median income for Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. "Moderate income household" means a household whose gross income does not exceed 120 percent of the area median income for Santa Cruz County as published and periodically updated by the State Department of Housing and Community Development pursuant to Sections 50079.5 and 50052.5 of the California Health and Safety Code.
"Proportionate share of appreciation" means the ratio of the local government's Initial Subsidy as defined above to the fair market value of the home at the time of initial sale. (e.g. X (initial subsidy) /Y (fair market value) = Proportionate Share of Appreciation).
"Senior citizen housing development" means a residential development developed, substantially rehabilitated or renovated, and having at least thirty-five dwelling units for senior citizens in compliance with the requirements of Section 51.3 and 51.12 of the California Civil Code, or a mobile home park that limits residency based on age requirements for housing for older persons pursuant to Section 798.76 or 799.5 of the Civil Code. "Very low income household" means a household whose income does not exceed fifty percent of the area median income for Santa Cruz County, as published and periodically updated by the State Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. (Ord. No. 16-136, 7-15-2015)

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17.62.030 Types of bonuses and incentives allowed.

A. Very Low- and Low-Income Housing and Senior Citizen Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of at least twenty percent, but no more than thirty-five percent over the maximum residential density (except in the case of senior citizen housing, as provided below), provided that the applicant agrees to construct the housing development in accordance with one of the following criteria:

1. Very Low-Income Households: Five percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to very low-income households; or

2. Low-Income Households: Ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable rent or ownership costs to low-income households; or

3. Senior Citizen Housing Development: For senior citizen housing developments, the density bonus shall be twenty percent of the number of senior housing units provided. For "congregate senior housing facilities" (as defined in Section 17.44.100.B. of the Scotts Valley Municipal Code), refer to Section

17.44.100.C for specific density bonus provisions.

B. Moderate-Income Housing. Upon written request to the city, an applicant for a housing development is eligible for one density bonus of five percent over the maximum residential density if the applicant agrees to construct the housing development in accordable with all of the following criteria:

1. At least ten percent of the total dwelling units, excluding any units permitted by the density bonus, are provided at affordable ownership costs to moderate-income households; and

2. The housing development is common interest project as defined by Section 1351 of the California Civil Code; and

3. All of the dwelling units in the housing development are offered for sale to the public.

C. Higher Density Bonus for Greater Contribution of Affordable Units. Upon written request to the city, an applicant for a housing development that is eligible for a density bonus based upon the contribution of affordable units, may receive a higher amount of density bonus if the percentage of very low-, low-, and moderate-income housing units exceeds the base percentage established in subsection A. or B. of this section, as follows:

1. Very Low-Income Units. For each one percent increase above five percent in affordable units for very low-income households, the density bonus shall be increased by two and one-half percent up to a maximum of thirty-five percent, as specified in Table 17.62.030.C.1, below Table 17.62.030.C.1 Percent of Density Bonus For Greater Contribution of Very Low-Income Units
Percentage of
Very Low-Income Units
Percentage of
Density Bonus
5% 20%
6% 22.5%
7% 25%
8% 27.5%
9% 30%
10% 32.5%

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11% 35%

2. Low-Income Units. For each one percent increase above ten percent in the affordable units for lowincome households, the density bonus shall be increased by one and one and one-half percent up to a maximum of thirty-five percent, as specified in Table 17.62.030.C.2, below:

Table 17.62.030.C.2 Percent of Density Bonus For Greater Contribution of Low-Income Units
Percentage of
Low-Income Units
Percentage of
Density Bonus
10% 20%
11% 21.5%
12% 23%
13% 24.5%
14% 26%
15% 27.5%
16% 29%
17% 30.5%
18% 32%
19% 33.5%
20% 35%

3. Moderate-Income Units. For each one percent increase above ten percent in affordable units offered for sale to moderate-income households, the density bonus shall be increased by one percent up to maximum thirty-five percent, as specified in Table 17.62.030.C.3, below:

Table 17.62.030.C.3 Percent of Density Bonus For Greater Contribution of ModerateIncome Units Percentage of
Moderate-Income Units
Percentage of
Density Bonus
10% 5%
11% 6%
12% 7%
13% 8%
14% 9%
15% 10%
16% 11%
17% 12%
18% 13%
19% 14%
20% 15%

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21% 16%
22% 17%
23% 18%
24% 19%
25% 20%
26% 21%
27% 22%
28% 23%
29% 24%
30% 25%
31% 26%
32% 27%
33% 28%
34% 29%
35% 30%
36% 31%
37% 32%
38% 33%
39% 34%
40% 35%
D. Continued Affordability. Affordable units qualifying a housing development for a density bonus shall remain affordable as follows:

1. Very low-income and low-income household units shall remain affordable to the designated income group for a minimum of fifty-five years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.

2. Moderate-income household units shall remain affordable for a minimum of fifty-five years, or for a longer period of time if required by any construction or mortgage financing assistance program, mortgage insurance program, or rental subsidy program applicable to the dwelling units.

E. Specification of Basis for Density Bonus. Each applicant who requests a density bonus pursuant to this Section shall elect whether the bonus will be awarded on the basis of subsection A.1., A.2., A.3., or B. of this section. Each housing development is entitled to only one density bonus, which may be selected based on the percentage of very low-income affordable housing units, low-income affordable housing units, moderate-income affordable housing units, or the development's status as a senior citizen housing development. Density bonuses from more than one of these categories may not be combined.

F. Provisions for Resale of Units. An applicant shall agree to, and the city shall ensure that, the initial occupant of all for-sale units that qualified the applicant for the award of the density bonus are persons and families of very low, low, or moderate income, as required, and that the units are offered at an affordable housing cost, as that cost if defined in Section 50052.5 of the Health and Safety Code. The local government shall enforce any equity sharing agreement, unless it is in conflict with the requirement of another public funding source or law. The following apply to the equity sharing agreement:

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1. Upon resale, the seller of the unit shall retain the value of any improvements, the down payment, and the seller's proportionate share of appreciate. The city shall recapture any initial subsidy and its proportionate share of appreciation, which amount shall be used within five years for any of the purposes described in subdivision (e) of Section 33334.2 of the Health and Safety Code that promote home ownership.

2. For purposes of this subsection, the city's initial subsidy shall be equal to the fair market value of the home at the time of initial sale minus the initial sale price to the very low, low, moderate-income household, plus the amount of any down payment assistance of mortgage assistance. If upon resale the market value is lower than the initial market value, then the value at the time of the resale shall be used as the initial market value.

3. For purposes of this subsection, the city's proportionate share of appreciation shall be equal to the ratio of the city's initial subsidy to the fair market value of the home at the time of initial sale. (Ord. No. 16-136, 7-15-2015)

17.62.040 Density bonus for donations of land.

A. Land Suitability. Upon written request, when an applicant for a tentative map, subdivision map, parcel map, or other residential development donates developable land to the city in accordance with this section, the applicant shall be entitled to a density bonus. Applicants donating developable land to the city shall be eligible for a fifteen percent density bonus at the site of the housing development if the donated land is suitable for the construction of very low-income units equaling at least ten percent of the market rate units being constructed for the project. For each one percent increase above the minimum ten percent, the density bonus shall be increased by one percent, up to a maximum of thirty-five percent. This increase shall be in addition to any increase in density mandated by Section 17.62.030, up to a maximum combined mandated density increase of thirty-five percent if an applicant seeks both the increase required pursuant to this section and Section 17.62.030.

B. Qualification Criteria. To qualify for the additional density bonus described in subsection A. of this section, the donation of developable land must meet all the following criteria:

1. The tentative map, subdivision map, parcel map, or other residential development must otherwise be subject to a density bonus pursuant to Section 17.62.030 of this chapter; and

2. The land must be transferred no later than the date of the approval of the final subdivision map, parcel map, or housing development application; and

3. The developable acreage and zoning classification of the land being transferred must be sufficient to permit construction of dwelling units affordable to very low-income households in an amount not less than ten percent of the total number of market rate dwelling units in the proposed development (i.e., the proposed development before the addition of any density bonus); and

4. The donated land is at least one acre in size or is large enough to permit development of at least forty units, has the appropriate general plan land use designation, has the appropriate zoning and development standards for affordable housing and, at the time of project approval is, or at the time of construction will be, served by adequate public facilities and infrastructure; and

5. No later than the date of approval of the final map, parcel map, or other development application for the housing development, the donated land must have all of the applicable permits and approvals (other than building permits) necessary for the development of the very low income housing units on the donated land, except that the city may subject the proposed housing development to subsequent

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design review to the extent authorized by California Government Code Section 65583.2 Subsection (i) if the design is not reviewed by the city prior to the time of transfer; and

6. The donated land is subject to a deed restriction ensuring continued affordability of the very low income units consistent with Subsection 17.62.030D. of this article, which deed restriction shall be recorded upon the donated property at the time of its transfer; and

7. The land will be transferred to the city or to a housing developer approved by the city. The city reserves the right to require the applicant to identify a developer and to require that the land be transferred to the developer; and

8. The land is within the boundary of the proposed housing development or within one-fourth mile of the boundary of the proposed housing development; and,

9. No later than the date of approval of the final map, parcel map, or other development application for the housing development, a proposed source of funding for the construction of the very low-income housing units shall be identified.

C. Density Bonus Based on Greater Suitability of Land for Very Low-Income Housing. For each one percent increased above the minimum ten percent in the number of very low-income housing units that can be accommodated on the donated land, the maximum density bonus shall be increased by one percent, up to a maximum of thirty-five percent, as specified in Table 17.62.040.C, below:

Table 17.62.040.C
Percent of Additional Density Bonus for Additional Very Low-Income Units on Donated Land
Percentage of
Very Low-Income Units that can be
Accommodated on Donated Land
Percentage of
Additional
Density Bonus
10% 15%
11% 16%
12% 17%
13% 18%
14% 19%
15% 20%
16% 21%
17% 22%
18% 23%
19% 24%
20% 25%
21% 26%
22% 27%
23% 28%
24% 29%
25% 30%
26% 31%
27% 32%

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28% 33%
29% 34%
30% 35%
(Ord. No. 16-136, 7-15-2015)

17.62.050 Condominium conversions.

A. Applicable requirements and procedures for the review and approval or disapproval of the conversion of existing multi-family rental housing to residential condominiums are provided in Section 17.44.060, Condominium Conversions and Condominiums, of the Scotts Valley Municipal Code.

B. An applicant for a conversion of existing rental apartments to condominiums is eligible for either a density bonus or other incentives of equivalent financial value, at the option of the city, if the applicant agrees to provide: 1) at least thirty-three percent of the total units of the proposed condominium project to persons and families of low- or moderate-income as defined in Section 50093 of the Health and Safety Code, or 2) at least fifteen percent of the total units of the proposed condominium project to low-income households as defined in Section 50079.5 of the Health and Safety Code, and 3) the applicant agrees to pay for the reasonably necessary administrative costs incurred by the city pursuant to this section.

C. Condominium conversions qualified under subsection A. of this section, may receive one of the following, at the city's option:

1. A flat density bonus of twenty-five percent to be provided within the existing structure or structures proposed for conversion, excepting that a condominium conversion is ineligible for this bonus if the apartments to be converted originally received a density bonus or incentives pursuant to any other provisions of this article or pursuant to California Government Code Section 65915. An applicant may choose to implement a lower density bonus.

2. Incentives of equivalent financial value in the form of a reduction or waiver of requirements or fees which the city might otherwise apply as conditions of conversion approval. "Other incentives of equivalent financial value" shall not be construed to require the city to provide cash transfer payments or other monetary compensation to the condominium conversion project or its applicant.

D. The city reserves the right to place such reasonable conditions of the granting of a density bonus or other incentives of equivalent financial value pursuant to this section as it finds appropriate, including, but not limited to, conditions which assure continued affordability of units to subsequent purchases who are persons and families of low- and moderate-income or lower income households.

E. Condominium conversions are eligible only for the granting of a density bonus or incentive of equivalent value pursuant to this section, which bonus or incentive may not be granted in addition to, or combined with, any other incentives, concessions, density bonuses or waivers and reductions of development standards pursuant to other sections of this article. Nothing in this section shall be construed to require the city to approve a proposal to convert rental apartments into condominiums.

F. An applicant shall be ineligible for a density bonus or any other incentives or concessions if the condominium project is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low-income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low-income households, unless the

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proposed condominium project replaces those units, as defined in Subsection 17.62.070.G, and either of the following applies:

1. The proposed condominium project, inclusive of the units replaced, contains affordable units at the percentages set forth in Subsection 17.62.050.A.

2. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low-income household.

G. Subsection 17.62.050.F does not apply to an applicant seeking a density bonus for a proposed housing development if their application was submitted to, or processed by the city before January 1, 2015. (Ord. No. 16-136, 7-15-2015)

17.62.060 Childcare facilities.

A. A housing development that is eligible for a density bonus pursuant to Section 17.62.030 of this article, and also includes a childcare facility qualified under this section is eligible for either of the following, at the option of the city, if requested in writing by the applicant:

1. An additional density bonus that is an amount of square feet of residential space that is equal to or greater than the amount of square feet in the childcare facility; or

2. An additional concession or incentive that contributes significantly to the economic feasibility of the construction of the childcare facility.

B. A childcare facility will only qualify the housing development for an additional density bonus or incentive or concession if it is: 1) located on the premises of, as part of, or adjacent to the housing development, and 2) the housing development is otherwise eligible for a density bonus pursuant to Section 17.62.030 of this article. As a condition of approving the additional density bonus for the housing development, the childcare facility must meet all of the following criteria:

1. The childcare facility may be used only for childcare for a period of time that is as long as or longer than the period of time during which the affordable units are required to remain affordable as stated in deed restrictions and pursuant to Subsection 17.62.030.D of this article; and

2. Of the children who attend the childcare facility, the percentage of children of very low- income households, low- income households, or moderate-income households shall be equal to or greater than the percentage of dwelling units that are proposed to be affordable to very low-income households, low-income households, or moderate-income households pursuant to Section 17.62.030 of this article.

C. Notwithstanding any requirement of this section, the city shall not be required to provide a density bonus or concession or incentive for a childcare facility if it makes a written finding, based upon substantial evidence, that the community already has adequate childcare facilities. (Ord. No. 16-136, 7-15-2015)

17.62.070 General provisions governing density bonus calculations.

A. For the purposes of any provisions in this article, an applicant may elect to accept a lesser percentage of density bonus than that to which the housing development is eligible.

B. When calculating the number of permitted density bonus units, any calculations resulting in fractional units shall be rounded up to the next larger whole number.

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C. For the purpose of calculating a density bonus, the dwelling units shall be on contiguous sites that are the subject of one development application, but do not have to be based upon individual subdivision maps or parcels. The density bonus shall be permitted in geographic areas of the housing development other than the areas where the affordable units are located.

D. For the purposes of this article, the "total units" or "total dwelling units" in a housing development does not include those units added by any density bonus.

E. Regardless of the number or extent of affordable units, senior housing, land dedication, childcare facilities or other qualifications for a density bonus provided in any single housing development, no housing development may be entitled to a total density bonus of more than thirty-five percent. Table 17.62.070.E provides a summary of density bonus by type of affordable housing unit.

Table 17.62.070.E Density Bonus Summary
Types of Affordable Units
Providing Eligibility for a
Density Bonus
Minimum
Percent
Bonus
Granted
Additional
Bonus for
Each 1%
Increase in
Affordable
Units
Percent of
Affordable
Units
Required for
Maximum
35% Bonus
Affordable Housing Type:

Very Low-Income 5% 20% 2.5% 11%
Low-Income 10% 20% 1.5% 20%
Moderate-Income 10% 5% 1% 40%
Senior Citizen Housing Qualified
Development
20% of the
units
— —
Land Donation for Very Low-Income Housing:

Land Donation for Very LowIncome Housing Land donated
can
accommodate
10% of
market rate
units, plus
housing
development
qualified for
density bonus
as an
affordable or
senior project
15% 1% 30% of
market rate
units
(assuming
housing
development
provides 5%
very lowincome
units)
Condominium Conversions:

Low-Income 15% 25%1 — —
Low/Moderate-Income 33% 25%1 — —
Childcare Facility:

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Childcare Facility Housing
Development
qualifies for
density bonus
as an
affordable or
senior project
Square feet
in childcare
facility1
— —
Note:
1 Maximum of 25% bonus for condominium conversions, or an incentive or equal value, at the city's option.

F. An applicant shall be ineligible for a density bonus or any other incentives or concessions if the housing development is proposed on any property that includes a parcel or parcels on which rental dwelling units are or, if the dwelling units have been vacated or demolished in the five-year period preceding the application, have been subject to a recorded covenant, ordinance, or law that restricts rents to levels affordable to persons and families of lower or very low income; subject to any other form of rent or price control through a public entity's valid exercise of its police power; or occupied by lower or very low income households, unless the proposed housing development replaces those units, and either of the following applies:

1. The proposed housing development, inclusive of the units replaced pursuant to this section, contains affordable units at the percentages set forth in Section 17.62.030.

2. Each unit in the development, exclusive of a manager's unit or units, is affordable to, and occupied by, either a lower or very low income household.

G. For the purposes of this paragraph, "replace" shall mean either of the following:

1. If any dwelling units described in Subsection 17.62.030.F, above, are occupied on the date of application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those household in occupancy. For unoccupied dwelling units in a development with occupied units, the proposed housing development shall provide units of equivalent size or type, or both, to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category in the same proportion of affordability as the occupied units. All replacement calculations resulting in fractional units shall be rounded up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restriction for at least fifty-five years. If the proposed development is for-sale units, the units replaced shall be subject to Subsection 17.62.030.F, above.

2. If all dwelling units have been vacated or demolished within the five-year period preceding the application, the proposed housing development shall provide at least the same number of units of equivalent size or type, or both, as existed at the highpoint of those units in the five-year period preceding the application to be made available at affordable rent or affordable housing cost to, and occupied by, persons and families in the same or lower income category as those persons and families in occupancy at that time, if known. If the incomes of the persons and families in occupancy at the highpoint is not known, then one-half of the required units shall be made available at affordable rent or affordable housing cost to, and occupied by, very low-income persons and families and one-half of the required units shall be made available for rent at affordable housing costs to, and occupied by, lowincome persons and families. All replacement calculations resulting in fractional units shall be rounded

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up to the next whole number. If the replacement units will be rental dwelling units, these units shall be subject to a recorded affordability restrictions for at least 55 years. If the proposed development is forsale units, the units replaced shall be subject to Subsection 17.62.020.F.

H. Subsection 17.62.030.F does not apply to an applicant seeking a density bonus for a proposed housing development if their application was submitted to, or processed by the city before January 1, 2015. (Ord. No. 16-136, 7-15-2015)

17.62.080 Incentives and concessions for affordable housing.

A. Definition of a Qualified Incentive or Concession. A qualifying project shall be entitled to at least one but no more than three of the following incentives identified by state law:

1. A reduction in the parcel development standards (e.g. coverage, setback, zero lot line and/or reduced parcel sizes, architectural design requirements and/or parking requirements). Development standard means any ordinance, general plan element, specific plan, condition, law, policy, resolution, or regulation. In no case may the city apply a development standard that will have the effect of precluding the construction of affordable units. A waiver or modification to development standards may be requested by the applicant, and shall be approved unless such waiver or modification creates an adverse impact as described in subsection C.2., below.

2. Approval of mixed use zoning in conjunction with the housing project if nonresidential land uses will reduce the cost of the housing project, and the nonresidential land uses are compatible with the housing project and existing or planned development in the area where the proposed development will be located.

3. Other regulatory incentives or concessions proposed by the applicant or the city that will result in identifiable, financially sufficient and actual cost reductions.

B. Number of Incentives. The number of incentives shall be based on the percentage of affordable units in the project as follows, and summarized in Table 17.62.080.B, below:

1. One incentive or concession shall be entitled for projects where at least five percent of the total units are for very low-income households, ten percent of the total units are for low-income households, or ten percent of the total units in a common interest development are sold to moderate-income households.

2. Two incentives or concessions shall be entitled for projects where at least ten percent of the total units are for very low-income households, twenty percent of the total units are for low-income households, or at least twenty percent of the total units in a common interest development are sold to moderateincome households.

3. Three incentives or concessions shall be entitled for projects where at least fifteen percent of the total units are for very low-income households, thirty percent of the total units are for low-income households, or thirty percent of the total units in a common interest development are sold to moderate-income households.

Table 17.62.080.B Density Bonus Incentives
and Concessions Summary
Affordable Units of Category Percent of
Affordable Units
Affordable Housing Types:

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Very Low-Income 5% 10% 15%
Low-Income 10% 20% 30%
Moderate-Income 10% 20% 30%
Maximum incentive(s)/concession(s)1, 2, 3 1 2 3
Notes:1 An incentive or concession may be requested only if an application is also made for a density bonus.
2 Incentives or concessions may be selected from only one category (very low-, low-, or moderate).
3 No incentives or concessions are available for land donation.

C. Findings to Deny Incentive or Concession. The city shall grant the incentive or concession requested by the applicant unless the city makes a written finding based upon substantial evidence of any of the following:

1. The incentive or concession is not required in order to provide for affordable housing costs or for affordable rents for the restricted units; or

2. The concession or incentive would have a specific adverse impact upon the public health or safety, and there is no feasible method to satisfactorily mitigate or avoid the specific adverse without rendering the development unaffordable to low- and moderate-income households. A specific adverse impact means a significant, unavoidable impact, as provided in written standards, policies, or conditions; or,

3. The incentive or concession would be contrary to state or federal law.

D. Exceptions. This section does not limit or require the provision of direct financial incentives for the housing development, including the provision of publicly owned land, by the city or the waiver of fees or dedication requirements. Nor does any provision of this Section require the city to grant an incentive or concession found to have a specific adverse impact.

E. Amendment, Zone Change. The granting of a concession or incentive shall not be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval. (Ord. No. 16-136, 7-15-2015)

17.62.090 Waivers and modifications of development standards.

A. Applicants granted a density bonus pursuant to Section 17.62.030 of this article may, by written proposal, seek a waiver, modification or reduction of development standards that would otherwise have the effect of physically precluding the construction of the housing development at the densities or with the concessions or incentives permitted pursuant to this article. The applicant may also request a meeting with the city to discuss such request for waiver and modifications.

B. In order to obtain a waiver or modification of development standards, the applicant shall show that the development standards will have the effect of precluding the construction of a housing development meeting the criteria of Section 17.62.030 of this article, at the densities or with the concessions or incentives permitted by this article.

C. A proposal for the waiver or reduction of development standards pursuant to this section shall neither reduce nor increase the number of incentives or concessions to which the applicant is entitled pursuant to Section 17.62.080 of this article.

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D. The city may deny a request for any waiver, modification or reduction of development standards if the wavier, modification or reduction would have a specific adverse impact. (Ord. No. 16-136, 7-15-2015)

17.62.100 Parking incentives.

Upon the written request of the applicant for a housing development meeting the criteria for a density bonus under Section 17.62.030 of this article, the city shall not require a vehicular parking ratio that exceeds the following:

A. Zero to one bedroom units: One onsite parking space.

B. Two to three bedroom units: Two onsite parking spaces.

C. Four and more bedroom units: Two and one-half parking spaces.

Guest parking and handicapped parking shall be included within the maximum number of spaces that may be required. If the total number of parking spaces required for a housing development is other than a whole number, the number shall be rounded up to the next whole number. For purposes of this section, a housing development may provide onsite parking through tandem parking or uncovered parking, but not through on-street parking. For purposes of this article, the parking ratios set forth in this section shall be deemed a concession or incentive available to the applicant under Section 17.62.080 of this article. (Ord. No. 16-136, 7-15-2015)

17.62.110 Standards for density bonus housing developments.

A. Affordable units qualifying a housing development for a density bonus shall be reasonably dispersed throughout the housing development and compatible with the design of market rate units in terms of appearance, materials, and finished quality. The applicant may reduce the interior amenities and square footage of inclusionary units, provided all units conform to all other requirements of this Municipal Code.

B. For developments with multiple market rate units containing differing numbers of bedrooms, affordable units qualifying a housing development for a density bonus shall be representative of the market rate unit mix.

C. All building permits for affordable units qualifying a housing development for a density bonus shall be issued concurrently with, or prior to, issuance of building permits for the market rate units, and the affordable units shall be constructed concurrently with, or prior to, construction of the market rate units. Occupancy permits and final inspections for affordable units qualifying a housing development for a density bonus shall be approved concurrently with, or prior to, approval of occupancy permits and final inspections for the market rate units.
(Ord. No. 16-136, 7-15-2015)

17.62.120 Application requirements.

A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this section shall be submitted with the first approval of the housing development and processed concurrently with all other applications required for the housing development.

B. For affordable units qualifying the housing development for a density bonus, the application shall include the following information:

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1. A site plan identifying the base project without the density bonus, number and location of all inclusionary units, affordable units qualifying for the project for a density bonus, and proposed density bonus units; and

2. Proposed category(ies) qualifying the housing development for a density bonus; and

3. Level of affordability of all affordable and inclusionary units and proposals for ensuring affordability, if applicable; and,

4. A description of any requested incentives, concessions, waivers or modifications of development standards, or modified parking standards.

5. If a density bonus or concession is requested for a land donation, the application shall show the location of the land to be dedicated and provide evidence that each of the findings included in Section

17.62.040 of this article can be made.

6. If the density bonus or incentives of equivalent financial value are based upon a condominium conversion with affordable units or senior citizen housing, the application shall demonstrate that the project meets the qualifications and findings stated in Section 17.62.050 of this article.

7. If a density bonus or concession is requested for a childcare facility, the application shall show the location and square footage of the childcare facility and provide evidence that the findings included in Section 17.62.060 of this article can be made.

C. Upon submission of the application to the city, the community development director or designee shall determine if the application is complete and conforms to the provisions of this article. No application for a first approval for a housing development requesting a density bonus, incentives, concessions, or waivers may be deemed complete unless an affordable housing plan is submitted conforming to the provisions of this article.

D. A request for a minor modification of an approved application may be granted by the city manager or designee if the modification is substantially in compliance with the original application and the conditions of approval. Other modifications to the affordable housing plan shall be processed in the same manner as the original application.
(Ord. No. 16-136, 7-15-2015)

17.62.130 Application review.

A. An application for a density bonus, incentive, concession, waiver, modification, or revised parking standard pursuant to this article shall be reviewed as part of the first approval of the housing development by the approval body with authority to approve the housing development, unless additional review by the planning commission or city council is required. An applicant proposing a housing development pursuant to this article may submit a preliminary application prior to the submittal of any formal request for approval of a housing development.

B. Within ninety days of receipt of the preliminary application the city shall provide to an applicant, a letter which identifies project issues of concern (the maximum financial assistance that the community development director can support when making a recommendation to the city council), and the procedures for compliance with this article. The community development director shall inform the applicant that the requested additional incentives shall be recommended for consideration with the proposed housing development, or that alternative or modified additional incentives pursuant to Section 17.62.080 of this article shall be recommended for consideration in lieu of the requested incentives. If alternative or modified incentives are recommended by the community development director, the recommendation shall establish

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how the alternative or modified incentives can be expected to have an equivalent affordability effect as the requested incentives.

C. Before approving an application for a density bonus, incentive, concession, waiver, or modification, the approval body shall make the following findings:

1. The housing development is: a) eligible for a density bonus, and/or b) any concessions, incentives, waivers, modifications, or reduced parking standards requested conform to all requirements of this article, and c) supported by a financing mechanism for all implementation and monitoring costs.

2. If the density bonus is based all or in part on dedication of land, the application meets the qualifications and findings stated in Section 17.62.040 of this article.

3. If the density bonus or incentives of equivalent financial value are based upon a condominium conversion with affordable units or senior citizen housing, that the application meets the qualifications and findings stated in Section 17.62.050 of this article.

4. If the density bonus, incentive, or concession is based all or in part on the inclusion of a childcare facility, the application meets the qualifications and findings stated in Section 17.62.060 of this article

5. If a waiver or modification is requested, the applicant has shown that the waiver, modification or reduction of development standards meets the qualifications and findings stated in Section 17.62.090 of this article.

D. If the findings stated in subsection C of this section can be made, and a request for an incentive or concession is otherwise consistent with this article, the approval body may deny a concession or incentive based upon written findings of any of the factors stated in Section 17.62.080 of this article for the denial or disqualification of a concession or incentive.

E. If the required findings stated in Section 17.62.080.C can be made, and a request for a waiver or modification is otherwise consistent with this article, the approval body may deny the requested waiver or modification based upon written findings of any of the factors stated in Section 17.62.090 of this article for the denial or disqualification of a waiver or modification.

F. Nothing in this section shall be interpreted to require the city to grant an incentive or concession or to waive or reduce development standards if that incentive, concession, waiver, or reduction has a specific adverse impact upon health, safety, or the physical environment, and for which there is no feasible method to satisfactorily mitigate or avoid the specific adverse impact.

G. Any decision regarding a density bonus, incentive, concession, waiver, modification, or revised parking standard may be appealed pursuant to Chapter 17.50 of the Scotts Valley Municipal Code. In accordance with state law, neither the granting of a concession or incentive, nor the granting of a density bonus, shall be interpreted, in and of itself, to require a general plan amendment, zoning change, or other discretionary approval.
(Ord. No. 16-136, 7-15-2015)

17.62.140 Developer affordable housing agreement.

A. Applications requesting a density bonus shall agree to enter into a density bonus housing agreement with the city. The terms of the draft agreement shall be reviewed and revised as appropriate by the community development director, who shall formulate a recommendation to the planning commission for final approval.

A density bonus housing agreement shall be made a condition of the discretionary planning permits for all housing developments pursuant to this article and shall be recorded as a restriction on any parcels on which the affordable units or density bonus units will be constructed.

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B. The density bonus housing agreement shall be recorded prior to final or parcel map approval, or, where the housing development does not include a map, prior to issuance of a building permit for any structure in the housing development. The density bonus housing agreement shall run with the land and bind future owners and successors in interest.
(Ord. No. 16-136, 7-15-2015)

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Proposed Zoning Code Amendments
Topic
Housing Element
Program Code Location Amendment Description
By-Right Development H-1.2 17.41

17.50.035
Creates new housing element opportunity site (HE) combining district that applies to housing element opportunity sites where qualifying housing development must be allowed by right. Creates new ministerial design review process for by-right approvals to confirm project conformance with objective standards.

Accessory Dwelling Units H-1.5 17.41; 17.57

17.58 Replaces existing secondary dwelling unit provisions with new accessory dwelling unit chapter to comply with state ADU law.

Design Review H-2.2 17.50.030.E
Requires planning commission approval of design review applications for multiunit residential projects if the project conforms with applicable objective standards
Reasonable
Accommodation H-3.4 17.60.060.A Removes subjective findings required to approve modification to a development standard needed to accommodate a person with disability.

Definition of “Family” H-3.7 17.04.090 Revises definition of family to comply with state and federal fair housing laws.

Agricultural and Employee
Housing H-3.8 17.44.180 Allows employee housing in residential and agricultural zoning districts consistent with the California Employee Housing Act.

Emergency Shelters
(Homeless Shelters) H-3.9 17.04.080; 17.44.110
Revises definition and standards for emergency shelters to comply with state law.

Density Bonus Ordinance H-3.10 17.62 Replaces existing density bonus chapter with new chapter to comply with state law and better accommodate changes to state law over time Low Barrier Navigation
Centers H-3.11

17.04.150;

17.20.020;

17.22.020
Defines low barrier navigation center, adds a permitted use in C-S and C-SC zoning districts
Single-Room Occupancy
Units H-3.13 17.04.070; 17.04.220
Defines single-room occupancy units, includes in definition of multifamily dwellings
Supportive Housing H-3.15 17.20.020;

17.22.020 Adds supportive housing as a permitted use in C-S and C-SC zoning districts Group Homes H-3.16 17.04.070;

17.04.100 Includes group homes in definition of single-family and multifamily dwellings.

Accessory Structures N/A 17.46.130 Revises accessory structure standards in light of state-mandated ADU standards.

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Regular Agenda: Agenda Item No. 1
8/8/2024 PC Mtg.

City of Scotts Valley

PLANNING COMMISSION

STAFF REPORT
Date: August 8, 2024
Application: AZO24-002
Location: City-wide
General Plan / Zoning: Land Uses/Zoning Districts that allow for residential uses Request: Hold study session to provide input on issues for accessory dwelling unit (ADU) regulations
Staff Planner: Ben Noble, Consultant

STAFF RECOMMENDATION
The City is preparing amendments to the Zoning Code to comply with state ADU law and implement Housing Element programs. Staff requests Planning Commission feedback on important issues for these amendments.

BACKGROUND
An accessory dwelling unit (ADU) is a dwelling unit that is secondary to the main dwelling on a lot. An ADU must have complete independent living facilities for one or more persons with permanent provisions for living, sleeping, eating, cooking, and sanitation (bathroom). An ADU may be configured in different ways, including:
• Attached to the primary dwelling on the lot;
• Detached from the primary dwelling on the lot; or
• Converted from existing space (e.g., a garage or rooms within a dwelling).

State Law
State law contains detailed requirements that local agencies (cities and counties) must comply with in local ADU regulations. Some key requirements include the following:
• Where Allowed: ADUs must be permitted in all zoning districts where singlefamily or multifamily residential uses are permitted. In Scotts Valley, all zoning

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districts except for Professional Commercial (C-P) and Light Industrial (I-L) allow residential uses.
• Objective Standards: ADUs can only be subject to “objective standards” which require no personal or subjective judgement to determine project compliance. • Setbacks: A local agency must allow ADUs with a minimum setback of 4 feet from side and rear property lines.
• Floor Area: A local agency may set a maximum floor area of no less than 850 square feet for a studio or one-bedroom ADU and 1,000 square feet for an ADU with two or more bedrooms. A local agency may allow a detached ADU no greater than 1,200 square and an attached ADU no greater than 50 percent of an existing primary dwelling unit.
• Height: A local agency may set a maximum height no less than 16 feet for a detached ADU and, for an attached ADU, 25 feet or the height of the existing primary dwelling, whichever is lower. No less than 18 feet must be allowed close to transit facilities (none currently present in Scotts Valley) and on lots with multifamily dwellings.
• Parking: A local agency may not require more than one parking space per ADU.

A local agency may not require any parking for an ADU close to transit or car share facilities (currently not present in Scotts Valley). • Permitting Process: An ADU that complies with all standards must be approved ministerially without a public hearing or discretionary action.

State ADU law frequently states what a local agency may not do (e.g., limit height to less than 16 feet or require more than one parking space). A local agency may adopt more permissive standards which comply with state requirements (e.g., height greater than 16 feet or parking less than one parking space). Local agencies may also adopt standards to address issues not specifically called out in state ADU law (e.g., neighbor privacy). These standards must be objective, may not conflict with state requirements, and may not unduly restrict a homeowner from creating an ADU as intended under state law.

State ADU law requires a local agency to submit a copy of the adopted regulations to the California Department of Housing and Community Development (HCD) within 60 days after adoption. After the adoption of the regulations, HCD may review and submit written findings to the local agency as to whether the regulations comply with state law.

Housing Element Programs
Housing Element Program H-1.5 calls for the City to update its existing ADU regulations to comply with state law. The City’s existing regulations, found in Zoning Code Chapter

17.41, do not comply with state law, which has changed substantially in recent years.

When processing ADU permit applications, City staff utilize state ADU law in the California Government Code, not Zoning Code Chapter 17.41.

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In addition to amending the Zoning Code to comply with state ADU law, the Housing Element also calls for the City to complete other actions to promote ADU construction.

Senate Bill (SB) 9 and ADUs
In May of 2024, the City adopted an SB 9 ordinance that allows two primary dwelling units (plus one ADU and one JADU) on a single-family lot. SB 9 standards for allowed height, floor area, and setbacks are similar to state ADU law. However, SB 9 development is different from ADUs in a number of ways:
• The City may collect development impact fees for SB 9 units, but not for most ADUs.
• Separate utility connections for water, sewer, and electrical services are required for SB 9 units. The City cannot require separate utility connections for ADUs. • An SB 9 unit must be connected to municipal water and sewer systems. An ADU may utilize a septic system if the system complies with city, county, and state requirements.
• For SB 9 units on lots created with an urban lot split, the owner must intend to occupy one of the units. There is no owner occupancy requirement for ADUs. • SB 9 does not specifically override homeowners’ association rules or CC&Rs (covenants, conditions, and restrictions), potentially allowing for an HOA to prohibit SB 9 development. An HOA cannot use CC&Rs to prohibit ADU development.

DISCUSSION
City staff is in the process of drafting Zoning Code amendments to conform with state ADU law. Staff requests Planning Commission input on the following ADU issues that will be addressed in these amendments:

1. Height and Floor Area

2. Objective Design Standards

3. Safety and Resource Protection Standards

4. Accessory Structure Standards
For each issue, the discussion below provides background information and recommends an approach. Staff and consultants request Planning Commission feedback on the recommended approach for each issue. Staff will use this input to help prepare draft Zoning Code amendments for Planning Commission review at a future meeting.

Issue 1: Height and Floor Area
State law requires local agencies to allow ADU heights of at least the following:

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• Detached ADU (except as provided below): 16 feet.
• Detached ADU within one-half mile of major transit stop or high-quality transit corridor: 18 feet (currently none in Scotts Valley)
• Detached ADU on lot with a multistory multifamily dwelling: 18 feet • Attached ADU: 25 feet or the height of the existing primary dwelling, whichever is lower
A local agency may allow ADUs taller than heights described above, but is not required to under state law.

State law also states that a local agency may set a maximum floor area of no less than 850 square feet for a studio or one-bedroom ADU and 1,000 square feet for an ADU with two or more bedrooms. A local agency may allow a detached ADU no greater than 1,200 square and an attached ADU no greater than 50 percent of an existing primary dwelling unit.

The Planning Commission should also note maximum height and floor area for SB 9 units. As established in the City’s SB 9 ordinance, an SB 9 unit that complies with zoning district minimum yards is permitted a maximum height of 25 feet and maximum floor area of 1,250 square feet. An SB 9 unit that does not comply with zoning district minimum yards is permitted a maximum height of 16 feet and maximum floor area of 800 square feet. An SB 9 unit must be setback a minimum of 4 feet from side and rear property lines.

Recommendation:

As shown in Tables 1 and 2, staff recommends connecting ADU height and floor area to property line setbacks similar to the SB 9 standards. For an ADU that does not comply with district yards, allow maximum height and floor area no greater than what state law requires. For an ADU that complies with district yards, increase the maximum allowed ADU height and floor area as the size of the lot increases.

Table 1: Recommended Maximum ADU Height
ADU Type and
Placement on Lot
Lot Size
Less than
10,000 sq. ft.
10,000-19,999
sq. ft.
20,000 sq. ft.
and more
Detached ADU
Complies with
district yards
18 ft.* and
one story
25 ft. and
two stories
35 ft. and
two stories
Does not comply
with district yards 16 ft.*
Attached ADU Same as primary dwelling
*18 ft. within one-half mile of major transit stop or high-quality transit corridor (none currently) and on lot with a multistory multifamily dwelling.

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Table 2: Recommended Maximum ADU Floor Area
Placement on Lot
Lot Size
Less than
10,000 sq. ft.
10,000-19,999
sq. ft.
20,000 sq. ft.
and more
Complies with
district yards
850 sq. ft for studio/1 bdrm
1,000 sq. ft. for 2+ bdrm
1,100 sq. ft. 1,200 sq. ft.

Does not comply
with district yards
850 sq. ft for studio/1 bdrm
1,000 sq. ft. for 2+ bdrm
Note: Floor area of attached ADU may not exceed 50 percent of existing primary dwelling.

For reference, in the R-1-10 zoning district the minimum rear yard is 15 feet and the minimum side yard is 10 feet or 10 percent of the lot width, whichever is less. All primary dwelling units must comply with these minimum yards.

Figure 1 illustrates the recommended ADU building height and floor area standards. On a 10,000 square foot lot in the R-1-10 zone, a 1 bedroom detached ADU within the 15- foot rear or 10-foot side yards is permitted a maximum height of 16 feet (one story) and maximum floor area of 850 square feet. State law requires the City to allow the ADU a minimum of 4 feet from the rear and side property lines. For a detached ADU setback a minimum of 15 feet from the year property line and 10 feet from the side property line, the maximum height is 25 feet (two stories) and maximum floor area is 1,100 square feet.

This approach would encourage detached ADUs to comply with property line setbacks that apply to single-family homes, minimize impacts on adjacent properties, reinforce existing neighborhood development patterns, and align with the City’s standards for SB 9 projects.

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Figure 1: ADU Height and Floor Area Standards (10,000 sq. ft. R-1 lot) ADU does not comply with zoning district minimum yards
ADU complies with zoning district minimum yards

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Issue 2: Objective Design Standards
State law allows a local agency to require ADU compliance with design standards if the standards are “objective.” State law defines objective standards as “standards that involve no personal or subjective judgment 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.”
Objective design standards for ADUs may address topics such as building orientation and entries, building massing, open space, façade and roof design, landscaping, and other topics.

Under state ADU law, design standards may not conflict with state-mandated standards and may not be “so arbitrary, excessive, or burdensome so as to unreasonably restrict the ability of homeowners to create accessory dwelling units in zones in which they are authorized by local ordinance.”
Recommendation:

Staff recommends establishing objective design standards for ADUs as follows:
• Entrance Orientation: Require the primary entrance to face the front or interior of the parcel unless the ADU is accessed from an alley or rear-facing public street.
• Driveways: Require ADU to share driveway with primary dwelling unless physically infeasible due to existing site layout or other physical constraints. • Massing: Require a massing break (e.g., change in wall plane) for a building wall 35 feet or more that faces and is within 50 feet of a street or adjacent residential use.
• Articulation: Require building wall articulation (e.g., windows, covered entrance) for building walls that face and are within 50 feet of a public street. • Roof Forms: Prohibit unarticulated continuous rooflines 35 feet or longer. • Open Space: Require a minimum of 100 square feet of private ADU open space or 400 square feet of open space shared with the primary dwelling. • Windows. Require window trim/framing or inset window glass. If a building wall is within the zoning district minimum interior side or rear yard, require clerestory or opaque/frosted windows.
• Decks and Balconies: Prohibit second-story exterior decks and balconies that face an interior side or rear yard that abuts an adjacent residential use. Prohibit rooftop deck closer than 25 feet from an interior side or rear yard that abuts an adjacent residential use.

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• Exterior Materials: Require wall finish material to be wood, wood shingle, stone, brick, stucco, fiber cement or other cementitious material, or stone. Prohibit T1-11 siding and all grooved or patterned wood panel or composite wood panel siding. • Building Separation: Require at least 10 feet of separation between buildings 16 feet in height or more.

Issue 3: Safety and Resource Protection Standards
The City currently requires development to comply with numerous public safety and resource protection standards. These standards address tree protection, stream setbacks, flood hazards, fire hazards, and geologic hazards, among other issues. The City may require an ADU to comply with public safety and resource protection standards provided that these standards do not conflict with state ADU law.

Recommendation:

Staff recommends stating the following in the City’s ADU regulations:
• Environmental Resource Protection: Require ADUs to comply with existing resource protection standards in the Zoning Code, including tree protection standards and minimum stream setbacks. Continue to require continued ADU compliance with mitigation measures in the Sandhill Habitat Conservation Plan. • Flood Hazards: Require ADUs to comply with flood hazard reduction standards in Municipal Code Chapter 15.16 (Flood Damage Prevention). • Fire Hazards: Require ADUs to comply with the fire code and Scotts Valley Fire Protection District standards, including standards for fire hydrants, fire flow, access road dimensions, and dead-end roads.
• Geologic Hazards: Require ADUs to comply with objective standards for hillside development in Zoning Code Section 17.40.020. Require Planning Commission approval for ADUs on slopes of 30 to 40 percent. Prohibit ADUs on slopes of 40 percent or more.
• Highway 17 Access: Prohibit ADUs where vehicle access to the site is provided solely from Highway 17 at the locations identified in the Caltrans Highway 17 Access Management Plan.

The Planning Commission should also note unique development issues in the neighborhood area fronting Scotts Valley Drive between Bean Creek Road and Erba Lane. Streets intersecting Scotts Valley Drive in this area are privately owned and maintained and often do not meet minimum City standards. New dwelling units in this area may further exacerbate existing infrastructure deficiencies. State law requires the City to allow ADUs in this area unless these new units would create a significant adverse public safety impact that cannot be mitigated. City staff will continue to review ADU applications and additional development in this area to assess if infrastructure upgrades are needed to accommodate additional unit development.

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Scotts Valley City CouncilNovember 20, 2024

Scotts Valley City Council
November 20, 2024