Agenda packet — Scotts Valley City Council, June 4, 2025 (part 2 of 3)

City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-8
May 2025
Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Light and Glare (d)
Implementation of the Project would introduce new light sources in undeveloped and underdeveloped portions of the City. New light sources would include, but not be limited to, new commercial and residential development, street lighting, parking lots, and security lighting.

These new light sources would occur within the existing urban areas of the City limits where nighttime lighting already existing.

As described in the General Plan EIR (Impact AES-3), Policy LU-1.14 Commercial & Industrial Development – Lighting requires that lighting in non-residential development be controlled to the extent necessary for security, safety and identification without interfering with adjoining land uses. Lighting shall be directed away from public rights-of-way and adjacent residential land uses. Policies LU-1.9 Design Quality and LU-1.10 Compatible Development, requires future development to enhance the visual character of the community. Furthermore, future development projects are subject to design review, which includes an assessment of exterior lighting.

Scotts Valley Municipal Code Chapter 17.44.020 – Commercial and Industrial Performance Standards (7) requires that no direct or sky-reflected glare, whether from floodlights or from high-temperature processes such as combustion or welding or otherwise, shall emanate from any establishment or use so as to be visible at a distance of 500 feet from said establishment or use. Additionally, the City Multi-Unit Residential Design Standards Part 2, Section IX.B.5 require that light must be directed downward or towards structures and away from adjacent lots to minimize illumination of adjacent properties and the public right of way.

The General Plan EIR concluded that implementation of General Plan policies, the City’s various design guidelines documents, design review, and City regulations, substantial impacts associated with the creation of new sources of light and glare are considered less than significant and no mitigation is required.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-9
May 2025
Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.2 Agriculture and Forestry Resources

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997) prepared by the California Department of Conservation as an optional model to use in assessing impacts on agriculture and farmland. Would the project:
a) Convert Prime Farmland, Unique
Farmland, or Farmland of Statewide
Importance (Farmland), as shown on the
maps prepared pursuant to the Farmland
Mapping and Monitoring Program of the
California Resources Agency, to nonagricultural use?
X
b) Conflict with existing zoning for
agricultural use, or a Williamson Act
contract?
X
c) Conflict with existing zoning for, or cause
rezoning of, forest land (as defined in
Public Resources Code section 12220(g)),
timberland (as defined by Public
Resources Code section 4526), or
X

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-10
May 2025

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
timberland zoned Timberland Production
(as defined by Government Code section
51104(g))?
d) Result in the loss of forest land or
conversion of forest land to non-forest
use?
X
e) Involve other changes in the existing
environment which, due to their location
or nature, could result in conversion of
Farmland, to non-agricultural use or
conversion of forest land to non-forest
use?
X

5.2.1 Discussion (a–e)
None of the Project Rezone Sites (as described in Chapter 3 Project Description) are located on land that is classified as Prime Farmland, Unique Farmland, or Farmland of Statewide Importance by the Farmland Mapping and Monitoring Program of the California Resource Agency. The remaining Project amendments, while City-wide, are related to future development are limited to residentially and commercially designated properties.

Conclusion
No Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.3 Air Quality

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Where available, the significance criteria established by the applicable air quality management district or air pollution control district may be relied upon to make the following determinations. Would the project:

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-11
May 2025

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
a) Conflict with or obstruct implementation
of the applicable air quality plan?
X
b) Result in a cumulatively considerable net
increase of any criteria pollutant for
which the project region is nonattainment under an applicable federal or state ambient air quality standard?
X
c) Expose sensitive receptors to substantial
pollutant concentrations?
X
d) Result in other emissions (such as those
leading to odors adversely affecting a
substantial number of people?
X

5.3.1 Discussion
Air Quality Plan and Air Quality Standards (a)
The Project site is located within the North Central Coast Air Basin (NCCAB), which includes Monterey County, San Benito County, and Santa Cruz County, comprising an area of approximately 5,159 square miles along the central California coast. The Monterey Bay Air Resources District (MBARD) is responsible for local control and monitoring of criteria air pollutants throughout the NCCAB.

As described in the General Plan EIR (Impact AQ-1), MBARD’s 2008 CEQA Air Quality Guidelines provides criteria for determining cumulative impacts and consistency. The CEQA Air Quality Guidelines note that a project which is inconsistent with an Air Quality Plan would have a significant cumulative impact on regional air quality. Any emissions sources that would be generated as part of a future project would be subject to the MBARD rules and regulations.

The Project does not include any processes or activities that would emit significant air pollutants. The proposed uses would not conflict with the Air Quality Management Plan (AQMP) for the Monterey Bay Region and would not make a considerable contribution to this existing, cumulatively significant ozone impact. The General Plan concluded that impacts would be less than significant.

Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-12
May 2025
involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Criteria Pollutants (a and b)
Construction Activities
Emissions from individual development construction sites would be short term and temporary but would occur through build-out of the General Plan. At any given times, several construction projects may be under way, which may result in substantial construction related emissions. The General Plan EIR (Impact AQ-2) concluded that implementation of Policy SN-4.18 through 21 would ensure that construction emissions associated with implementation of the General Plan would be less than significant.

Furthermore, Standard Conditions of Approval require that development projects reduce dust generation from project grading and construction to minimal levels, the project proponent shall require the grading contractor to implement best management practices (BMPs) for dust control.

Operational
The Project would result in new long-term operational emissions from mobile sources (burning of fossil fuels in cars); energy sources (cooling, heating, and cooking); and area sources (landscape equipment and household products). Mobile source emissions constitute most operational emissions from this type of development project.

As described in the General Plan EIR (Impact AQ-2), the operational emissions associated with future planned development associated with buildout of the General Plan, which include both area and mobile emissions, would occur incrementally over the next 20 plus years. Given the fact that Scotts Valley is largely built out and future development would occur on the few remaining vacant parcels or as infill development, individual projects are not anticipated to exceed MBARD significance threshold for daily emissions and would be evaluated against operational phase emissions presented in General Plan EIR Table ER-AQ-2: MBARD Significance Thresholds for Construction and Operational Emissions.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-13
May 2025
Furthermore, as required by MBARB, approval of future projects would prohibit the use of wood-burning fireplaces and require the use of low-emitting architectural coatings to further reduce air quality impacts.

The General Plan EIR concluded that impacts of dust, criteria air pollutants, and toxic air contaminants generated by long-term operation of future planned development associated with buildout of the General Plan would be less than significant and no mitigation is required.

Cumulatively Considerable Pollutants
As described in the General Plan (Impact AQ-3), the evaluation of whether or not General Plan implementation would lead to significant air quality emissions should be based on whether the population forecasts described in the General Plan are consistent with the population forecasts used in the AQMP. If the population forecasts described in the General Plan are above the population forecasts described in the AQMP, then the General Plan is considered inconsistent with the AQMP and would result in significant cumulative air pollutant emissions. The consistency analysis is performed by AMBAG, because AMBAG develops population forecasts that are used in the AQMP.

The most recent AMBAG Final Draft 2026 Subregional Growth Forecast projects population growth in five-year increments to the year 2040. The 2040 population forecast for the City of Scotts Valley by AMBAG is 12,887 persons. Since the General Plan assumes a population buildout of 15,400 (see General Plan Table LU-1: General Plan Buildout Summary), the General Plan would be inconsistent with the AQMP. This inconsistency in population forecasts is considered to result in a cumulatively considerable significant air quality impact.

Action SN-4.2 would require the City to work cooperatively with the MBARB and AMBAG to reduce significant emissions, and to the extent feasible, to meet Federal and State air quality standards for all pollutants. This action would also require the City to participate in future amendments and updates of the Air Quality AQMP for the Monterey Bay Region to ensure that new measures can be practically enforced in the region. However, due to the projected population growth, regional emissions would remain significant, and the General Plan would likely remain inconsistent with the AQMP. No further mitigation is feasible to reduce this impact. Therefore, the General Plan concluded that this impact would remain significant and unavoidable.

Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-14
May 2025
Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Furthermore, due to the projected population growth, regional emissions would remain inconsistent with the AQMP. Therefore, cumulatively considerable pollutant impacts associated with the Project would remain significant and unavoidable, and there would be no new impact.

Sensitive Receptors (c)
Sensitive land uses are defined as facilities or land uses that include members of the population that are particularly sensitive to the effects of air pollutants, such as children, the elderly, and people with illnesses. Examples of these sensitive receptors are residences, schools, hospitals, and daycare centers.

Construction equipment and associated heavy-duty truck traffic generates diesel exhaust which is a known toxic air containment (TAC). The California Air Resources Board (CARB) has identified diesel exhaust particulate matter as a toxic air contaminant, and assessment of toxic air contaminant cancer risks is typically based upon a 70‐year exposure period. Project grading and construction activities that would utilize diesel‐powered equipment would expose receptors to possible diesel exhaust for a very limited number of days (approximately 10 days). Because exposure to diesel exhaust would be well below the 70‐year exposure period and given the limited and short‐term duration of activities that would use diesel equipment, construction‐ related diesel emissions are not considered significant.

Furthermore, the State is implementing emission standards for different classes of on‐ and off‐ road diesel vehicles and equipment that applies to off‐road diesel fleets and includes measures such as retrofits. Additionally, Title 13 of the California Code of Regulations (section 2485(c)(1)) prohibits idling of a diesel engine for more than five minutes in any location.

The General Plan EIR (Impact AQ-4) concluded that potential exposure of sensitive receptors to diesel emissions and associated risks is considered a less than significant impact, and no mitigation measures are required.

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

As described in the Transportation section of the General Plan EIR, future planned development and implementation of recommended transportation improvements would not result in an intersection cumulative LOS increase at any of the study intersections and the overall intersection capacity utilization (ICU) would not exceed MBARD criterion. Therefore, the

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-15
May 2025
General Plan EIR concluded that impacts related to sensitive receptors would be less than significant and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Other Emissions (d)
During construction activities, temporary odors from vehicles exhaust and construction equipment engine would occur. However, construction-related odors would be short-term and would cease upon completion. Therefore, no objectionable odors are anticipated from construction activities associated with the project and there would be no impact.

Land uses typically producing objectionable odors include agricultural uses, wastewater treatment plants, food processing plants, chemical plants, composting, refineries, landfills, dairies, and fiberglass molding. The Project does not include any uses that would be associated with objectionable odors. Odor emissions from the project would be limited to odors associated with vehicle and engine exhaust and idling cars.

The General Plan EIR (Impact AG-5) concluded that Future planned development associated with buildout of the General Plan would include uses consistent with surrounding area and would be required to comply with MBARD Rules regarding operational emissions. Therefore, impacts would be less than significant, and no mitigation is required.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-16
May 2025
Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.4 Biological Resources

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Have a substantial adverse effect, either
directly or through habitat modifications,
on any species identified as a candidate,
sensitive, or special status species in
local or regional plans, policies, or
regulations, or by the California
Department of Fish and Game or U.S.

Fish and Wildlife Service?
X
b) Have a substantial adverse effect on any
riparian habitat or other sensitive natural
community identified in local or regional
plans, policies, regulations or by the
California Department of Fish and Game
or US Fish and Wildlife Service?
X
c) Have a substantial adverse effect on
state or federally protected wetlands
(including, but not limited to, marsh,
vernal pool, coastal, etc.) through direct
removal, filling, hydrological
X
d) Interfere substantially with the
movement of any native resident or
migratory fish or wildlife species or with
established native resident or migratory
X

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-17
May 2025

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
wildlife corridors, or impede the use of
native wildlife nursery sites?
e) Conflict with any local policies or
ordinances protecting biological
resources, such as a tree preservation
policy or ordinance?
X
f) Conflict with the provisions of an
adopted Habitat Conservation Plan,
Natural Community Conservation Plan,
or other approved local, regional, or
state habitat conservation plan?
X

5.4.1 Discussion
Sensitive Natural Communities, Special Status Species, and Riparian Habitats (a and b) As described in the General Plan Open Space & Conservation Element, there are three habitat communities in the Scotts Valley Planning Area: 1) Riparian Woodland, 2) Ponderosa Pine, and 3) Zayante/Santa Cruz Sandhills. These habitat communities support a variety of special-status plants and animals that do or could potentially occur. The Element contains a number of policies designed to protect these candidate, sensitive, rare, and/or special-status plant and animal species.

The General Plan EIR concluded that Implementation of these policies in the General Plan, and implementation of implementation of existing federal, state, and local regulations, would ensure that individual projects are required to analyze and mitigate for site-specific biological resources pursuant to current state and federal protocols for protected species.

Implementation of these policies and programs would mitigate impacts to these resources to a less than significant level and no mitigation is required.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-18
May 2025
Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Wetlands and Riparian Corridors (c and d)
Isolated wetlands, particularly those associated with riparian corridors and low-lying undeveloped areas, are located throughout the City. The Open Space & Conservation Element contains a number of policies to protect wetlands and riparian corridors including Policy OSC1.8 and Policy OSC-1.12.

The General Plan EIR concluded that implementation of these policies in the General Plan, and implementation of existing federal, state, and local regulations, would ensure that individual projects are required to analyze and mitigate for site-specific impacts that would mitigate impacts to these resources to a less than significant level and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Tree Preservation (e)
Future planned development associated with buildout of the General Plan could have a potential impact on the removal of trees, including native trees such as Coast live oak and Ponderosa pine. In addition, project construction may require grading within the dripline of native trees slated for retention and trimming to provide road clearances.

The City of Scotts Valley Zoning Ordinance Section 17.44.080 Tree Protection Regulation regulates the protection and removal of protected trees. Applicants for future development associated with buildout of the General Plan that would involve removal of protected trees are required to obtain a Tree Removal Permit, which involves submittal of an application and an arborist report to verify the reasons for removal or to determine alternatives to removal.

Removal of protected trees other than Heritage Trees may be granted by ministerial approval.

Removal of Heritage Trees requires authorization by the Planning Commission, either at project approval or at a separate public hearing held thereafter.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-19
May 2025
The General Plan EIR concluded that implementation of the City’s Tree Protection Regulations would ensure that individual projects are required to analyze and mitigate for site-specific impacts to tree preservation policy or ordinances. Implementation of these policies and programs would mitigate impacts to these resources to a less than significant level and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Conservation Plans (f)
As described in the Open Space & Conservation Element, there are three designated conservation areas within the General Plan Planning Area that are managed to preserve their habitat and plant and animal species: 1) Santa Cruz Sandhills, 2) Glenwood Preserve, and 3) Polo Ranch Habitat. Conservation plans that provide long-term management and monitoring of biological resources for the Santa Cruz Sandhills and Glenwood Preserve have been adopted by the City of Scotts Valley.

The General Plan EIR concluded that implementation the respective conservation plans, as well as the policies and actions described in the Open Space & Conservation Element (and other General Plan biological resources protection policies and actions) would ensure continued implementation and monitoring of the City’s conservation areas and impacts to these resources would be reduced to a less than significant level and no mitigation is required.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-20
May 2025
Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.5 Cultural Resources

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact / No
Impact
Reduced
Impact
Would the project:
a) Cause a substantial adverse change
in the significance of a historical
resource pursuant to in § 15064.5?
X
b) Cause a substantial adverse change
in the significance of an
archaeological resource pursuant to
§ 15064.5?
X
c) Disturb any human remains,
including those interred outside of
dedicated cemeteries?
X

5.5.1 Discussion
Historic and Archaeological Resources
As described in the Open Space & Conservation Element, in 1990, in cooperation with the Scotts Valley Historical Society (SVHS), the City completed a survey of all potential historic structures within the City limits. At present, the only historic structure in the City is the Scott House, which is located in MacDorsa Park, next to the Scotts Valley Civic Center. Over time, additional historic structures may be identified consistent with Section 17.44.140 – Historic Landmark Preservation of the Scotts Valley Municipal Code. Should future development have a potential impact on a designated landmark, or property that becomes suitable for landmark designation, the landmark would be subject to protection consistent with Section 17.44.140.

The City maintains a map that identifies designated areas of high and moderate archaeological sensitivity. This map is kept confidential to avoid potential impacts to know or unknown archaeological site. Consistent with Section 17.44.130 – Cultural Resource Protection, all future

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-21
May 2025
development would be subject to City review to protect the interest of the public by providing for the identification, protection, enhancement, perpetuation and use of archaeological resources and sites within the City that reflect special elements of the City's prehistoric and historic archaeological heritage.

The Open Space & Conservation Element contains Goal OSC-4 and related policies designed to protect historic and archeological resources. Furthermore, the City would be required to consult with local tribal groups as part of the CEQA process for any future development, consistent with SB 18.

The General Plan EIR concluded that implementation of these goal and policies, as well as enforcement of the respective City’s Municipal Code provisions and State requirements would effectively mitigate potential cultural and historic resource impacts to less than significant and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Human Remains
Pursuant to section 7050.5 of the Health and Safety Code, if human remains are discovered, there shall be no further excavation or disturbance of the discovery site, or any nearby area reasonably suspected to overlie adjacent human remains until the project applicant has complied with the provisions of State CEQA Guidelines Section 15064.5(e).

The General Plan EIR concluded that with implementation of existing regulations, the impact would be less than significant, and no mitigation is required.

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City of Scotts Valley Addendum to the General Plan EIR for the 6th Cycle Housing Element 2025 Implementation Actions
Environmental Analysis | Page 5-22
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Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.6 Energy

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Result in potentially significant
environmental impact due to
wasteful, inefficient, or unnecessary
consumption of energy resources,
during project construction or
operation?
X
b) Conflict with or obstruct a state or
local plan for renewable energy or
energy efficiency?
X

5.6.1 Discussion
Energy Consumption (a and b)
Energy consumption associated with future construction of the Project would be temporary and short-term. Project design and operation would be required to comply with State Building Energy Efficiency Standards, appliance efficiency regulations, and green building standards.

Additionally, the project includes other design features including efficient low-energy lighting, and natural ventilation systems.

The Project would also be required to be built according to City and State energy efficiency standards. Vehicle trips and energy consumption would be less carbon intensive as compared to historic levels due to statewide compliance with future low carbon fuel standard amendments and increasingly stringent Renewable Portfolio Standards.

As concluded in the General Plan EIR, the project would comply with existing State energy standards and would not conflict with or obstruct a state or local plan for renewable energy or energy efficiency. There would be no impact to energy consumption.

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Environmental Analysis | Page 5-23
May 2025
Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.7 Geology and Soils

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
a) Directly or indirectly cause potential
substantial adverse effects, including the
risk of loss, injury, or death involving:

X
i) Rupture of a known
earthquake fault, as delineated on the
most recent Alquist-Priolo Earthquake
Fault Zoning Map issued by the State
Geologist for the area or based on
other substantial evidence of a known
fault? Refer to Division of Mines and
Geology Special Publication 42.

X
ii) Strong seismic ground
shaking?
X
iii) Seismic-related ground failure,
including liquefaction?
X
iv) Landslides? X

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Environmental Analysis | Page 5-24
May 2025

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
b) Result in substantial soil erosion or the
loss of topsoil?
X
c) Be located on a geologic unit or soil that is
unstable, or that would become unstable
as a result of the project, and potentially
result in on- or off-site landslide, lateral
spreading, subsidence, liquefaction or
collapse?
X
d) Be located on expansive soil, as defined in
Table 18-1-B of the Uniform Building Code
(1994), creating substantial direct or
indirect risks to life or property?
X
e) Have soils incapable of adequately
supporting the use of septic tanks or
alternative wastewater disposal systems
where sewers are not available for the
disposal of wastewater?
X
f) Directly or indirectly destroy a unique
paleontological resource or site or unique
geologic feature?
X

5.7.1 Discussion
Earthquake Faults, Landslides, and Seismic Ground Shaking (a, c and d) Relevant areas of known or suspected geologic hazards, as shown in General Plan Figure SN-3:

Fault Zones, Figure SN-4: Liquefaction Potential and Figure SN-5: Landslide Deposits of the Safety & Noise Element, indicate that subsurface soil conditions in some locations of the Planning Area could be susceptible to geologic and soil impacts.

Goal SN-3 and associated policies of the Safety & Noise Element are designed to protect human life and prosperity and to minimize injury, economic damage, and social dislocation resulting from disasters related to geologic and seismic events. In particular, Policy SN-3.10 Geotechnical Evaluations requires future development in a geologic hazard area, development shall be

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Environmental Analysis | Page 5-25
May 2025
approved only after a geotechnical evaluation is completed by a registered geologist as part of the environmental review process.

Additionally, all future development associated with the Project would be required to comply with the California Building Code and Title 15 – Buildings and Construction of the Scotts Valley Municipal Code.

The General Plan EIR concluded that implementation of the above goal and policies, as well as enforcement of the respective City’s Municipal Code provisions and State requirements would effectively mitigate potential seismic impacts to a less than significant level and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Soil Erosion (b)
Some future development associated with buildout of the General Plan would involve the removal of landscape vegetation and grading activities associated with the construction of buildings, infrastructure, and roads. The loosening and exposure of soil makes it susceptible to erosion by rainfall and wind. Future development would also increase the amount of impervious surfaces, which may affect the natural drainage pattern.

The Project would involve grading activities associated with the construction of buildings, infrastructure, and roads. Grading would largely be limited to the respective project site, which would limit the amount of exposed soil area that would be subject to erosion.

General Plan Policy SN-2.4 Flood Control Facilities requires that all future construction or expansion of existing flood control facilities to protect individual properties shall be permitted only when it can be determined that such measures do not substantially increase the flood or erosion hazards to other properties.

Measures to control erosion would be incorporated into the construction specifications pursuant to the National Pollution Discharge Elimination System (NPDES) requirements for construction. In addition, to comply with the NPDES requirements for construction, projects

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involving construction on sites that are one acre or more are required to prepare and implement a Stormwater Pollution Prevention Plan (SWPPP) that specifies how the discharger would protect water quality during construction activities. Compliance with the erosion control ordinances and acquisition of the NPDES General Permit for construction activities would ensure that soil erosion impacts associated with development pursuant to the project would be less than significant.

The General Plan EIR concluded that implementation of the above policy, as well as enforcement of the respective City’s Municipal Code provisions and State requirements including acquisition of the NPDES General Permit for construction activities, would effectively mitigate potential soil erosion impacts associated with future development to a less than significant level and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Sewage Disposal (d)
All future development associated with the Project would involve disposal of wastewater through the City’s existing sanitary sewer system and there would be no septic systems constructed.

Conclusion
No Impact.

Unique Geological Features and Paleontological Resources (e) Future development could result in the discovery and disturbance of previously unknown or undiscovered paleontological resources. As described in General Plan EIR Impact CUL-1, should evidence of paleontological resources be encountered during grading and construction, adherence to City, State, and federal historic preservation laws, regulations, and codes related to archaeological and paleontological resources would ensure the adequate protection of paleontological resources.

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The General Plan EIR concluded that compliance with the respective City, State, and federal regulations would effectively mitigate potential impacts to paleontological resources associated with future development to a less than significant level and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.8 Greenhouse Gas Emissions

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No Impact
Reduced
Impact
Would the project:
a) Generate greenhouse gas emissions,
either directly or indirectly, that may
have a significant impact on the
environment?
X
b) Conflict with an applicable plan, policy
or regulation adopted for the purpose
of reducing the emissions of
greenhouse gases?
X

5.8.1 Discussion
Determining significance for Greenhouse Gas (GHG) emissions follows available guidelines from State or local air quality management agencies, where available. However, there is no legally adopted threshold to guide City of Scotts Valley decision‐makers in determining what emission levels constitute a significant amount. Rules and policies are being developed by the California

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Air Resources Board (CARB), although they are evolving in response to the serious threat of climate change effects and subsequent legislation.

MBARD does not yet recommend any method or threshold for determining significance of climate change impacts or greenhouse gas emissions from a project and its operation.

Nonetheless, GHG emissions caused by any project subject to CEQA must be described for a lead agency to determine the significance of impacts.

Generation of GHG Emissions (a and b)
Construction of the project would result in direct emissions of CO2, N2O, and CH4 from the operation of construction equipment and the transport of materials. MBARD does not have a threshold for construction GHG emissions, which would be one-time, short-term emissions and therefore would not significantly contribute to long-term cumulative GHG emissions impacts of the project.

As described in the Open Space & Conservation Element, Goal OSC-5 and associated policies require integrated air quality, land use and transportation planning and promote the increased use of renewable energy sources to reduce the emission of criteria pollutants and greenhouse gases from mobile sources; and to promote building techniques that increase energy efficiency.

Additionally, there are a number of polices and actions that require the City work with relevant local, state, and federal agencies to implementing air quality management plans which are designed in part to reduce greenhouse gas emissions.

The General Plan EIR concluded that implementation of the General Plan would not exceed the criteria for a making a cumulatively considerable contribution to greenhouse gas emissions impacts and global climate change, nor conflict with any GHG plans impacts would be less than significant and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

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5.9 Hazards and Hazardous Materials

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Create a significant hazard to the public
or the environment through the routine
transport, use, or disposal of hazardous
materials?
X
b) Create a significant hazard to the public
or the environment through reasonably
foreseeable upset and accident
conditions involving the release of
hazardous materials into the
environment?
X
c) Emit hazardous emissions or handle
hazardous or acutely hazardous
materials, substances, or waste within
one-quarter mile of an existing or
proposed school?
X
d) Be located on a site which is included on
a list of hazardous materials sites
compiled pursuant to Government Code
Section 65962.5 and, as a result, would it
create a significant hazard to the public
or the environment?
X
e) For a project located within an airport
land use plan or, where such a plan has
not been adopted, within two miles of a
public airport or public use airport,
would the project result in a safety
hazard or excessive noise for people
residing or working in the project area?
X

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ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
f) Impair implementation of or physically
interfere with an adopted emergency
response plan or emergency evacuation
plan?
X
g) Expose people or structures, either
directly or indirectly, to a significant risk
of loss, injury or death involving wildland
fires?
X

5.9.1 Discussion
Hazardous Substances (a – d)
Implementation of the Project may result in known and unknown hazardous materials being discovered or encountered at specific project sites.

Until 1980, numerous types of building materials, such as roofing paper, shingles, drywall, drywall texturing, linoleum, and mastic, contained considerable amounts of asbestos. Many of the existing structures in the City were built prior to 1980 and therefore may have friable asbestos containing materials (ACMs). Based on the age of the structures, removal or disturbance of these structures may result in the airborne release of asbestos from ACMs.

In 1978, EPA regulations were adopted prohibiting the use of lead in paints and other construction materials. Therefore, it is likely that many of the older structures contain leadbased paint materials. Future development associated with the Project may include the demolition and removal of some of these structures.

As described in the Safety & Noise Element, Goal SN-4 and associated policies seek to protect human life and prosperity and to minimize injury, economic damage, and social dislocation resulting from disasters related to hazardous materials.

The General Plan concluded that implementation of the General Plan goal and policies, as well as enforcement of the local, State and federal regulations regarding the discover, use and transport of hazards and hazardous materials, would mitigate potential hazards and hazardous materials impacts to a less than significant level and no mitigation is required.

Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project

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involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Public Airport or Private Airstrip (e)
The City is not located within two miles of a public airport or public use airport, or within the vicinity of a private airstrip.

Conclusion
No Impact.

Emergency Response (f)
General Plan Figure SN-6: Evacuation Routes, which extend along Mount Herman Road and Scotts Valley Drive and major collector streets. As described in the Safety & Noise Element, Policy SN-4.1 required the City to coordinate emergency operations on a local and regional basis. The City’s Emergency Operations Plan as well as emergency plans as prepared by other agencies including the Scotts Valley Fire Protection District and Santa Cruz County, form to basis for emergency preparedness and response.

The General Plan EIR concluded that implementation of Policy SN-4.1 would ensure that the City is consistent with local and state emergency plans. Therefore, impacts would be less than significant, and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

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5.10 Hydrology and Water Quality

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Violate any water quality standards or
waste discharge requirements or
otherwise substantially degrade surface
or groundwater quality?
X
b) Substantially decrease groundwater
supplies or interfere substantially with
groundwater recharge such that the
project may impede sustainable
groundwater management of the basin?
X
c) Substantially alter the existing drainage
pattern of the site or area, including
through the alteration of the course of a
stream or river or through the addition
of impervious surfaces, in a manner
which would:

X
i. Result in substantial erosion or
siltation on- or off-site?
X
ii. Substantially increase the rate or
amount of surface runoff in a
manner which would result in
flooding on- or offsite?
X
iii. Create or contribute runoff water
which would exceed the capacity of
existing or planned stormwater
drainage systems or provide
substantial additional sources of
polluted runoff?
X
iv. Impede or redirect flood flows? X

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ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
d) In flood hazard, tsunami, or seiche
zones, risk release of pollutants due to
project inundation?
X
e) Conflict with or obstruct
implementation of a water quality
control plan or sustainable groundwater
management plan?
X

5.10.1 Discussion
Groundwater Supply and Demand (a and b)
As described in the Open Space & Conservation Element and shown in Figure OSC-2:

Watersheds, the Santa Margarita Groundwater Basin (SMGB) is a primary water supply source for Scotts Valley. Two public water agencies, the Scotts Valley Water District (SVWD or District) and the San Lorenzo Valley Water District (SLVWD) serve the Scotts Valley area. The SVWD, in partnership with other local agencies, has actively managed groundwater in the area since the early 1980s in an effort to increase water supply reliability and to protect local water supply sources. In June of 2017 SVWD, SLVWD and the County of Santa Cruz formed the Santa Margarita Groundwater Agency (SMGWA), which is responsible for ensuring the sustainable groundwater management in the SBGB.

As described in the Open Space & Conservation Element, Goal OSC-3 and associated policies seek to preserve surface and ground water supplies, reduce stormwater runoff, and improve water quality in the Planning Area.

The General Plan EIR concluded that with implementation of the Goal OSC-3 and associated policies, enforcement of the local, State, and federal regulations, and on-going sustainable water management practices as implemented by the SVWD, the SLVWD and the SMGWA would help to ensure that depletion of local groundwater supplies or interfere with groundwater recharge are minimized. Furthermore, while future development would result in moderate increase in water demand associated with residential and commercial use, it would not exceed groundwater supply and projections as identified by the SVWD and the SLVWD. Therefore, impacts to groundwater supply and recharge would be less than significant and no mitigation required.

Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project

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involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Stormwater Runoff (c and e)
The rate and amount of surface runoff is determined by multiple factors, including the amount and intensity of precipitation; amount of water that enters a watershed; and the amount of precipitation and water that infiltrates to the groundwater.

In cases where a future development project disturbs more than one acre of land, the project applicant is required to submit a Notice of Intent to the State Board and apply for coverage under the State NPDES General Permit for Construction Activities, prepare a Stormwater Pollution Prevention Plan (SWPPP), and submit it for review and approval prior to commencing construction. In addition, some projects may be subject to state Tier 4 Post-Construction Requirements, which requires development projects to use Low Impact Development (LID) features and facilities to detain, retain, and treat site runoff.

State and local regulations also require future development to prepare a Stormwater Control Plan (SCP) that addresses potential impacts from stormwater runoff. The SCP includes project site-specific best management practices (BMPs) to control erosion and sedimentation and maintain water quality in accordance with the current edition of the City of Scotts Valley Stormwater Technical Guide. The BMPs address the construction and maintenance of storm drain inlets, irrigation and use of pesticides, maintenance of hardscapes, and maintenance of underground stormwater facilities.

As described in the Open Space & Conservation Element, Goal OSC-3 and associated policies seek to minimize stormwater runoff due to the increase in impervious surfaces in the Planning Area. Additionally, Policy OSC-3.1 Regional Collaboration – Stormwater requires the City to continue to partner with and support federal, state, and local agencies in regional planning and management initiatives to promote and enhance water quality in Scotts Valley and the region.

The General Plan EIR concluded that given Goal OSC-3 and associated policies, and the fact that future project-specific applicants must comply with local and state regulations regarding construction and operations (e.g. SCP and SWPPP), the impacts from stormwater runoff would be less than significant and no mitigation is required.

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Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Floodplains, Seiche, Tsunami and Mudflow Related Hazards (d) The City is not subject to inundation by seiche, tsunami, or mudflow nor located on or near a lake or ocean coastline. Therefore, there would be no impact.

5.11 Land Use and Planning

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Physically divide an established
community?
X
b) Cause a significant environmental
impact due to a conflict with any land
use plan, policy, or regulation adopted
for the purpose of avoiding or
mitigating an environmental effect?
X

5.11.1 Discussion
Physically Divide and Established Community (a)
The City of Scotts Valley is a compact urban community that is surrounded by natural barriers to outward expansion. Developable areas within the City limits are largely built out. As an established community, new development would be considered infill development, both on

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limited remaining vacant lands or intensification and/or redevelopment on underutilized parcels.

As described in the Land Use Element, Goal LU-2 and associated policies require the City to maintain a well-defined valley community with boundaries defined by the planning area’s natural features and environmental functions. Policy LU-2.2 requires the City to preserve open space and maintain development at the edge of the City limits compatible with surrounding Santa Cruz County land uses.

The General Plan EIR concluded that because future development would be within an established community, impacts would be less than significant, and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Conflict with Any Land Use Plan or Regulation (b)
As shown in Table LU-1: General Plan Buildout Summary, the General Plan assumes a moderate growth rate that is consistent with actual growth trends over the past 20 + years, as well as projections as identified by the Association of Monterey Bay Area Governments (AMBAG).

The General Plan, by its definition, includes goals, policies, and actions that establish a framework for land use designations and orderly future development consistent with the General Plan’s Vision & Guiding Principles. The Scotts Valley Municipal Code provides further development standards that would be applicable to all future development applications.

The General Plan EIR concluded that no substantially new land use designations are proposed, and future development applications would be reviewed for consistency with the General Plan, other relevant City plans, and impacts would be less than significant and no mitigation is required.

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Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.12 Mineral Resources

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No Impact
Reduced
Impact
Would the project:
a) Result in the loss of availability of a
known mineral resource that would be
of value to the region and the
residents of the state?
X
b) Result in the loss of availability of a
locally-important mineral resource
recovery site delineated on a local
general plan, specific plan or other
land use plan?
X

5.12.1 Discussion
There are no active mines or quarries or known mapped oil or gas fields in the City.

Conclusion
No Impact.

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5.13 Noise

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project result in:
a) Generation of a substantial temporary or
permanent increase in ambient noise
levels in the vicinity of the project in
excess of standards established in the
local general plan or noise ordinance, or
applicable standards of other agencies?
X
b) Generation of excessive groundborne
vibration or groundborne noise levels?
X
c) For a project located within the vicinity
of a private airstrip or an airport land use
plan or, where such a plan has not been
adopted, within two miles of a public
airport or public use airport, would the
project expose people residing or
working in the project area to excessive
noise levels?
X

5.13.1 Discussion
Ambient Noise Levels (a)
Future development associated with the Project would result in temporary increases in ambient noise levels due to construction activities and long-term increases in ambient noise levels due to operations, primarily from traffic.

Construction Noise Levels
Noise-generating construction activity would be reduced by being restricted to daytime hours when sensitive receptors are the least sensitive to noise. The Scotts Valley Zoning Ordinance (Title 17.46.160) exempts noise sources associated with temporary construction activities, provided such activities occur between 8:00 AM and 6:00 PM Monday through Friday; 9:00 AM and 5:00 PM on Saturday; but not on Sundays or federal holidays. While construction noise levels during these hours may temporarily exceed 80 dBA, such exceedances would be

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temporary and would not be expected to result in average daytime noise levels that would exceed an 8-hour Leq of 80 dBA, which is the FTA’s recommended standard for adverse community reaction.

The General Plan Safety & Noise Element includes contains polices to reduce construction noise. Policy SN-7.15 requires the City to ensure that construction activities are managed to minimize overall noise impacts on surrounding land uses. Policy SN-7.16 requires that where appropriate, particularly when located adjacent to sensitive land uses, construction noise reduction measures to be included as part of project development plans to reduce the effects of construction noise.

Development projects are reviewed on a case-by-case basis, and typical conditions of approval include limiting the day and times of day during which construction and/or heavy construction can be conducted, provision of notification to neighbors regarding construction schedules, and implementation of a process to receive and respond to noise complaints. These are some of the types of measures that would be implemented by the City to manage and minimize construction noise impacts per proposed General Plan policies and City noise regulations described above.

The General Plan concluded that with implementation of the General Plan policies and City regulations that set forth measures to minimize exposure construction noise levels, the increase in temporary noise levels from construction-related activities would be considered less-than-significant and no mitigation is required.

Long-term Noise Levels
As described in the General Plan Safety & Noise Element, future development could result in increased vehicular noise as well as project-level construction-related noise which would primarily occur on vacant and underdeveloped infill sites. As shown in General Plan Figure SN-7:

Noise Contours, future noise levels adjacent to major roadways and Highway 17 would remain relatively unchanged as compared to existing conditions, due to the fact that traffic is the most significant contributor to ambient noise levels and minor increase in traffic associated with future development would not cause a significant change in noise levels.

Areas directly adjacent to arterials within the City (i.e., Mt. Hermon Road and Scotts Valley Drive) would experience noise levels at 65 dBA or lower, which is the typical exterior noise level at which the state-mandated interior sound level of 45 dBA could be achieved without specialized structural noise attenuation. Some future development would be located along these arterials roadways but would not be located in areas where future noise levels would exceed noise or land use compatibility standards.

If ambient noise levels in the area of a future development project exceed “normally acceptable” thresholds as shown in Table SN-2: Noise Increase Standards of the Safety and Noise Element, the City would require a detailed analysis of feasible noise reduction

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requirements. Furthermore, as needed, noise insulation features must be included in the design of such projects to reduce exterior noise levels to meet the acceptable thresholds, or, for uses with no active outdoor use areas, to ensure maintenance of acceptable interior noise levels for the proposed land use.

The Safety & Noise Element includes goals, policies and actions that set forth measures to avoid and minimize adverse impacts on noise. In particular, Policy SN-7.5, requires that new developments that are conditionally acceptable or increase the day-night noise level by more than the levels shown in Table SN-2: Noise Increase Standards are required to conduct a noise study to determine that the appropriate noise attenuation design measures have been incorporated.

The General Plan EIR concluded that with implementation of the General Plan, as well as future project-level environmental review, exposure to long-term noise levels would be considered less than significant and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Exposure to Groundborne Vibrations (b)
Project construction can generate varying degrees of groundborne vibration, depending on the construction procedure and the construction equipment used. Operation of construction equipment generates vibrations that spread through the ground and diminish in amplitude with distance from the source.

General Plan EIR Table ER-N-1: Typical Vibration Levels for Construction Equipment, identifies vibration velocities from typical heavy construction equipment operation range from 0.003 to

0.089 inch-per-second peak particle velocity (PPV) at 25 feet and 0.000 to 0.011 inch-persecond peak particle velocity (PPV) at 100 feet from the source of activity. The General Plan EIR concluded at these distances; construction activities would be well below the 0.2 inch-persecond PPV significance threshold. Therefore, vibration impacts would be less than significant, and no mitigation is required.

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Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Airport or Private Airstrip Noise (c)
The Project site is not located within any airport noise impact contours and not located within the vicinity of any private air strip.

Conclusion
No Impact.

5.14 Population and Housing

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Induce substantial unplanned population
growth in an area, either directly (for
example, by proposing new homes and
businesses) or indirectly (for example,
through extension of roads or other
infrastructure)?
X
b) Displace substantial numbers of existing
people or housing, necessitating the
construction of replacement housing
elsewhere?
X

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5.14.1 Discussion
Unplanned Population Growth (a)
The General Plan is a long-term planning document that is used by the City of Scotts Valley for orderly growth and development over the next 20 + years. Based on the General Plan’s Vision Statement and Guiding Principles (see Introduction) and development capacity analysis as described in the Land Use Element, the General Plan assumes a moderate growth rate that is consistent with actual growth trends over the past 20 + years, as well as population, housing and employment projections as identified by the Association of Monterey Bay Area Governments (AMBAG).

The development capacity analysis provides a reference point for how and where such growth would be accommodated, and how the City and other public agencies would accommodate such growth, particularly with respect to infrastructure requirements (e.g., roads, water, sewer), and public services (e.g., police, fire, and parks & recreation).

Traffic and circulation, air quality, increases in noise, and demands upon public services are the primary population-based effects. These potential impacts are addressed in the respective environmental resource sections of this Initial Study.

The General Plan concluded that through local planning, as demonstrated in the Land Use Element, and implementation of ordinances, regulations, fees, system upgrades, and various environmental conservation measures, the physical environmental effects from population growth would be effectively reduced to less than significant, and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Displacement of People or Housing
As an established community, new development accommodated by the Project would be considered infill development, both on limited remaining vacant lands or intensification and/or redevelopment on underutilized parcels. Thus, Project development would be within an

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established community and would not displace a substantial number of existing people or housing.

Conclusion
No Impact.

5.15 Public Services

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project result in:
a) Would the project result in substantial
adverse physical impacts associated with the
provision of new or physically altered
governmental facilities, need for new or
physically altered governmental facilities, the
construction of which could cause significant
environmental impacts, in order to maintain
acceptable service ratios, response times or
other performance objectives for any of the
public services:
i) Fire protection? X
ii) Police protection? X
iii) Schools? X
iv) Parks? X
v) Other public facilities? X

5.15.1 Discussion
Fire and Police Services (a-i and -ii)
Fire and police services in the City are provided by the Scotts Valley Fire Protection District and the Scotts Valley Police Department.

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The General Plan Community Services & Facilities Element found that future growth accommodated by the General Plan would not reduce response times or require new or physically altered fire protection facilities that could result in significant physical impacts.

Furthermore, Goal CSF-2 and associated policies set forth measures to provide high-quality emergency services for Scotts Valley and avoid and minimize adverse impacts on police and fire protection services.

The General Plan EIR concluded that given the modest population increase over time and implementation of Goal CSF-2 and associated policies, indirect impacts on police and fire protection services would be less than significant and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Schools (a-iii)
The Scotts Valley Unified School District (SVUSD) operates the public school system within City of Scotts Valley. SVUSD administers two elementary schools (Vine Hill Elementary and Brook Knoll Elementary), Scotts Valley Middle School, and Scotts Valley High School.

General Plan Goal CSF-4 and associated polices set forth measures to provide high-quality educational and training facilities and programs. In particular, Policy CSF-4.3 Adequate School Facilities encourages communication and cooperation between the City, applicants for residential development projects, and appropriate educational districts and agencies to ensure that adequate, safe school facilities and services are planned to provide a quality educational environment for anticipated growth.

Furthermore, as required by State and City requirements (Chapter 3.32 – School Facilities Dedication and Fees), future development would be required to pay applicable SB 50 school impact fees for residential and commercial development. Payment of these fees and ongoing revenues from retail sales taxes, transient occupancy taxes, and annual real estate taxes, would help fund capital and operating costs associated with additional school services.

The General Plan EIR concluded that under the provisions of SB 50, a project’s impacts on school facilities are fully mitigated via the payment of the requisite new school construction

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fees established pursuant to Government Code Section 65995. Therefore, this impact is considered less than significant and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Parks and Recreation Facilities (a-iv)
The City of Scotts Valley Parks and Recreation Department provides parks, recreation facilities, and recreation programs for the community. The Parks and Recreation Department maintains seven parks and recreational facilities in the City.

General Plan Goal CSF-3 and associated policies of the Community Services & Facilities Element set forth measures to provide ample, safe, and well-maintain park and recreation facilities and programs that serve the needs of the community.

Additionally, per Chapter 16.35 – Dedication of Land for Parks and Recreational Purposes, future development projects are required to provide private and common open space on the project site and/or pay in-lieu fees for the provision of recreational resources where deficient from project site open space.

The General Plan concluded that implementation of the General Plan would not result in the substantial deterioration of existing recreational facilities or parks and would not require the construction of new facilities or parks. Therefore, indirect impacts on park and recreation facilities would be less than significant and no mitigation is required.

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Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Other Public Facilities
Implementation of the Project would result in a relatively minor increase in allowable density and be consistent with buildout-projections as identified in the General Plan. The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Future development proposals associated with implementation of the Project would be required to comply with: 1) all applicable Scotts Valley General Plan goals, policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.16 Transportation

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No Impact
Reduced
Impact
Would the project:
a) Conflict with a program plan,
ordinance or policy addressing the
circulation system, including transit,
roadway, bicycle and pedestrian
facilities?
X
b) Would the project conflict or be
inconsistent with CEQA Guidelines
section 15064.3, subdivision (b)?
X
c) Substantially increase hazards due to
a geometric design feature (e.g.,
sharp curves or dangerous
X

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ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No Impact
Reduced
Impact
intersections) or incompatible uses
(e.g., farm equipment)?
d) Result in inadequate emergency
access? X

5.16.1 Discussion
Conflict with City Policies or Programs(a)
The Mobility Element of the General Plan is the overall policy document that guides mobility planning for the City. Associated plans, including the City’s Bicycle Transportation Plan, is consistent with the intentions of the General Plan. The General Plan EIR concluded that there would be no conflict with City policies or programs and therefore there would be no impact.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Increase Vehicle Miles Travelled (b)
Vehicle Miles Traveled (VMT) is a measure of total vehicular travel that accounts for the number of vehicle trips and the length of those trips. The City of Scotts Valley’s VMT Implementation Guidelines (Kimley-Horn and Associates, August 2023) establishes VMT significance criteria for CEQA analysis.

The VMT Implementation includes screening criteria to avoid unnecessary analysis and findings for non-significant transportation impacts. Small projects that generate less than 110 trips per day are exempt from VMT analysis. However, upon issuance of the building permit, the project would be required to pay a City traffic impact fee.

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The General Plan includes policies and programs designed to reduce VMT to a reasonable extent. In particular, Policy M-3.1 Reduce Vehicle Miles Traveled (VMT) requires the City to work in cooperation with the Santa Cruz County Regional Transportation Commission, the Association of Monterey Bay Area Governments, and Santa Cruz County to reduce VMT. Policy M-3.18 Vehicle Miles Traveled Standards and CEQA Evaluation and Policy M-3.19 Projects with Significant Vehicle Miles Travelled Impacts requires to City to evaluate General Plan land use designation changes, zone changes, and discretionary development for their individual (i.e., project-specific) and cumulative transportation impacts based VMT under CEQA and prohibit such projects unless:

There are no feasible mitigation measures available that would reduce the impact to a less than significant level; and the City’s decision-making body, after balancing as applicable, the economic, legal, social, technological, or other benefits, including region-wide or statewide environmental benefits, of the project against its unavoidable transportation impact and any other environmental risks, determines that the benefits of the project outweigh the unavoidable adverse environmental impacts and adopt a statement of overriding considerations pursuant to CEQA.

Furthermore, the City’s VMT Implementation Guidelines identifies strategies to reduce VMT through a variety of methods. These include but are not limited to:
 Facilitating the efficient use of existing transportation facilities;  Striving to provide viable modal choices that make driving alone an option rather than a necessity;
 Supporting variable work schedules to reduce peak period VMT, and  Providing more direct routes for pedestrians and bicyclists.

While the above referenced goals and policies, and the City’s VMT Implementation Guidelines, identifies strategies to reduce VMT, the General Plan EIR concluded that impacts associated with implementation of the General Plan would not be reduced to less than significant due to the increased development, new roadways, and increased use of the City’s and regional transportation system. While project-level impact mitigation shall be analyzed to reduce the significance of VMT-related impacts and the City VMT Implementation Guidelines will be continually improved and innovated to require VMT reduction to the extent feasible, this impact would be significant and unavoidable.

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policies, and actions, 2) Federal, State and local regulations and development standards, 3) project- specific conditions and mitigation measures to reduce potential impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

It is noted that impacts associated with implementation of the Project would not be reduced to less than significant due to the increased development, new roadways, and increased use of the City’s and regional transportation system. While project-level impact mitigation shall be analyzed to reduce the significance of VMT-related impacts and the City VMT Implementation Guidelines will be continually improved and innovated to require VMT reduction to the extent feasible, this impact would be remain significant and unavoidable. Therefore, there would be no new impact.

Roadway Hazards and Emergency Access (c and d)
Implementation of the General Plan would not directly result in new development. The General Plan does not include new roads or road alignments and thus would not create or increase hazards due to a road or intersection design. Furthermore, Goal M-4 through Goal M-7 and associated policies requires the City to provide a roadway, bicycle, and pedestrian facilities that enhances the community support safe and functional mobility. Therefore, the General Plan EIR concluded that there would be no impact.

Access via public roadways to future development associated with the Project would remain unchanged and would be adequate for emergencies.

Conclusion
No Impact.

5.17 Tribal Cultural Resources

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public Resources
Code section 21074 as either a site,
feature, place, cultural landscape that is
X

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ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and
that is:
i) Listed or eligible for listing in
the California Register of Historical
Resources, or in a local register of
historical resources as defined in
Public Resources Code section
5020.1(k)?
X
ii) A resource determined by the
lead agency, in its discretion and
supported by substantial evidence, to
be significant pursuant to criteria set
forth in subdivision (c) of Public
Resources Code Section 5024.1. In
applying the criteria set forth in
subdivision (c) of Public Resource
Code Section 5024.1, the lead agency
shall consider the significance of the
resource to a California Native
American tribe?
X
b) Cause a substantial adverse change in
the significance of a tribal cultural
resource, defined in Public Resources
Code section 21074 as either a site,
feature, place, cultural landscape that is
geographically defined in terms of the
size and scope of the landscape, sacred
place, or object with cultural value to a
California Native American tribe, and
X

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ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
that is: i) Listed or eligible for listing in
the California

5.17.1 Discussion
Tribal Consultation (a and b)
The California Public Resources Code section 21084.2 establishes that “[a] project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource is a project that may have a significant effect on the environment.” The requirements for review of impacts to tribal cultural resources (TCR) require that the City provide notice of specific development projects to local Native American tribes in accordance with AB 52 and to determine whether tribal cultural resource(s) are present within the project area, and if so, whether or not those resources would be significantly impacted by the project.

Assembly Bill (AB) 52 requires that California lead agencies consult with a California Native American tribe that is traditionally and culturally affiliated with the geographic area of a project, if so, requested by the tribe. AB 52 also specifies that a project with an effect that may cause a substantial adverse change in the significance of a tribal cultural resource (TCR) is a project that may have a significant effect on the environment. Defined in Section 21074(a) of the Public Resources Code, a TCR is a site feature, place, cultural landscape, sacred place, or object, which is of cultural value to a California Native American tribe and is either listed in or eligible for listing in the California Register of Historical Resources or a local historic register, or the lead agency, at its discretion, chooses to treat the resource as a TCR.

Because the General Plan is a programmatic document that does not propose specific development projects, no consultation is required.

The Project involves policy-level documents, and as such, does not include any site-specific development designs or proposals. Thus, it is not possible at this time to conduct an assessment of potential site-specific tribal cultural resource impacts relative to future development proposals associated with implementation of the Project. Instead, a case-by-case review of future development proposals associated with implementation of the Project would be carried out to confirm the absence or presence of tribal cultural resources, as applicable, and that the future development proposals are consistent with all applicable General Plan goals and policies and Municipal Code regulations relative to tribal cultural resources.

Conclusion
No Impact.

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5.18 Utilities and Service Systems

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Would the project:
a) Require or result in the relocation or
construction of new or expanded water,
wastewater treatment or storm water
drainage, electric power, natural gas, or
telecommunications facilities, the
construction or relocation of which could
cause significant environmental effects?
X
b) Have sufficient water supplies available
to serve the project and reasonably
foreseeable future development during
normal, dry and multiple dry years?
X
c) Result in a determination by the
wastewater treatment provider which
serves or may serve the project that it
has adequate capacity to serve the
project’s projected demand in addition to
the provider’s existing commitments?
X
d) Generate solid waste in excess of State or
local standards, or in excess of the
capacity of local infrastructure, or
otherwise impair the attainment of solid
waste reduction goals?
X
e) Comply with federal, state, and local
management and reduction statutes and
regulations related to solid waste?
X

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5.18.1 Discussion
Utilities and Treatment Facilities (a and c)
Existing water, sanitary sewer (wastewater, sewer), storm drain, electrical, natural gas, and telecommunications facilities exist in the City of Scotts Valley.

The General Plan EIR concluded that the City and their affiliated service providers have adequate capacity to serve anticipated growth associated with the implementation of the General Plan. No new or expanded water or wastewater treatment facilities, storm drainage, or solid waste disposal facilities and impacts would be less than significant and no mitigation is required.

Future development proposals would be required to comply with the applicable water supplier’s rules and regulations regarding water connection, service, and conservation, as well as the Scotts Valley Fire Protection District requirements relative to the size of water lines and systems necessary to provide adequate fire flow service to development.

Future development proposals would also be required to install or relocate, as applicable, onsite and off-site water, wastewater, storm drain, street, electricity, natural gas, and telecommunications infrastructure to serve the development.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Water Supply (b)
State law requires an urban water supplier (supplier), providing water for municipal purposes to more than 3,000 urban connections/customers or providing more than 3,000 acre-feet annually, to adopt an Urban Water Management Plan (UWMP) every five years demonstrating water supply reliability in normal, single dry, and multiple dry water years.

According to the joint San Lorenzo Valley Water District and Scotts Valley Water District’s 2020 Urban Water Management Plan (UWMP), metered water demand was 1,333 afy. 2020 water demand was 1,393 afy. By 2040, the SVWD projects a net surplus of 177 acre-feet per year

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during the normal year, 164 acre-feet per year during the single, and 160 acre-feet per year during the fifth year of a multiple dry-year event.

The annual yield for the Scotts Valley groundwater management area of the Santa Margarita Groundwater Basin is estimated at 2,600 afy and the yield is shared among SVWD, SLVWD, and other private well pumpers. Regardless, the projected SVWD 2035 demand uses the 1994 General Plan development capacity projections which are greater than the General Plan and would not exceed the demand of projections of the SVWD.

The General Plan EIR concluded that projected future water demand would not exceed the potable system capacity and no new infrastructure in support of the new development would be required and impacts would be less than significant and no mitigation is required.

Adoption and implementation of the Project would not adversely affect the ability of the domestic water providers - SVWD or the SLVWD - to have sufficient water supplies available during normal, dry, and multiple dry year conditions for future development associated with implementation of the Project.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Solid Waste (d and e)
The City of Scotts Valley Uses GreenWaste Recovery, a private contractor, provides weekly collection of garbage, recyclable materials, and yard trimmings for residents and businesses.

Waste is transported to the Monterey Peninsula Landfill, which is operated by ReGen Monterey and is located in Marina in Monterey County. The landfill has a maximum capacity of 49,700,000 cubic yards of solid waste, with approximately 48,560,000 cubic yards of remaining capacity and is permitted to receive 3,500 tons of solid waste per day (CalRecycle, 2020).

According to ReGen, the landfill has enough capacity for more than 100 years of waste disposal.

General Plan Goal CSF-1 and associated policies set forth measures to provide reliable and costeffective water, wastewater, and solid waste management services that is sustainably managed. The General Plan EIR concluded that the City and their affiliated service providers have adequate capacity to serve anticipated growth associated with the implementation of the

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General Plan. No new or expanded solid waste disposal facilities and impacts would be less than significant and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

5.19 Wildfire

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted
emergency response plan or emergency
evacuation plan?
X
b) Due to slope, prevailing winds, and other
factors, exacerbate wildfire risks, and
thereby expose project occupants to,
pollutant concentrations from a wildfire
or the uncontrolled spread of a wildfire?
X
c) Require the installation or maintenance
of associated infrastructure (such as
roads, fuel breaks, emergency water
sources, power lines or other utilities)
that may exacerbate fire risk or that may
X

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ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
result in temporary or ongoing impacts
to the environment?
d) Expose people or structures to
significant risks, including downslope or
downstream flooding or landslides, as a
result of runoff, post-fire slope
instability, or drainage changes?
X

5.19.1 Discussion
Impair an Adopted Emergency Response/Evacuation Plan (a) Similar to the no impact conclusions in the General Plan EIR, implementation of the Project would not directly result in new development nor significant change existing land uses. Policy CSF-2.6: Emergency Preparedness Planning requires the City to maintain an emergency operations plan and emergency operations center to prepare for actual or threatened conditions of disaster or extreme peril.

Conclusion
No Impact.

Wildfire Risks (b)
Similar to the conclusions in the General Plan EIR, implementation of the Project would not directly result in new development nor significant change existing land uses. Goal SN-1 and associated policies set forth measures to human life and prosperity and to minimize injury, economic damage, and social dislocation resulting from disasters related to fire. In particular:

Policy SN-1.6: Fire Protection Problem Areas requires that in fire protection problem areas, development shall be permitted only after mitigation measures satisfactory to the Scotts Valley Fire District are developed to prevent or control spread of fire and provide life safety to occupants as recommended by the fire district.

Policy SN-1.7: Fire Protection Management requires the continued operation of California Department of Forestry and Fire Protection (CalFire) programs for fuel breaks, brush management, controlled burning, re-vegetation, and fire roads.

Policy SN-1.13: Fire Safety Systems requires the City, in cooperation with the fire district, to require that all buildings constructed include fire safety features, such as automatic fire

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sprinkler system, class “C” or better roof cover for structures in the non-wildland fire hazard area/Local Responsibility Area (LRA), Class “B” or better roof covering for moderate or high wildland fire hazard area/ State Responsibility Area (SRA), fire detection, and alarm systems.

In February of 2025, California issued a revised map identifying Fire Hazard Severity Zones (FHSZ) in Local Responsibility Areas for the City of Scotts Valley. As shown in Figure 6 Local Responsibility Area Fire Hazard Severity Zones, upland areas surrounding the more urbanized valley floor are identified as “High” or “Moderate” FHSZs and will require compliance with General Plan Policy SN-1.13 and other applicable City and State fire protection requirements.

The General Plan EIR concluded that given the fact that the City is an established urban community that is largely built out and that the General Plan includes goals and policies to minimize injury, economic damage, and social dislocation resulting from disasters related to fire, impacts would be less than significant and no mitigation is required.

Future development associated with the Project would expose people or structures to a significant risk of loss, injury or death involving wildland fires, including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands.

Implementation the relevant General Plan policies would help reduce impacts.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

Installation or Maintenance of Infrastructure That May Exacerbate Fire Risk (c and d) As noted above, the General Plan includes goals, policies, and actions relative to state responsibility areas.

The California Department of Forestry and Fire Protection (CAL FIRE) is focused on fire protection and stewardship of over 31 million acres of California's privately-owned wildlands.

Preventing wildfires in the State Responsibility Area (SRA) is a key component of CAL FIRE's mission, and in more recent decades, CAL FIRE has adapted to the evolving destructive wildfires and succeeded in significantly increasing its efforts in fire prevention. CAL FIRE's Fire Prevention Program consists of multiple activities including wildland pre-fire engineering, vegetation management, fire planning, education and law enforcement. Typical fire prevention projects

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include brush clearance, prescribed fire, defensible space inspections, emergency evacuation planning, fire prevention education, fire hazard severity mapping, and fire-related law enforcement activities. The Office of the State Fire Marshall has the responsibility for Fire and Resource Assessment Program (FRAP), inclusive of the fand preparing the Fire Hazard Severity Zone (FHSZ) mapping.

CAL FIRE has mapped the relative wildfire risk in areas of large population by intersecting residential housing density with proximate fire threat according to three risk levels, namely Moderate, High, and Very High. Wildfires are large-scale brush and grass fires in undeveloped areas. As shown in General Plan EIR Figure SN-1: Fire Hazard Area, portions of the hillside areas of the City are located in Fire Hazard Areas within a Local Responsibility Area (LRA). Per the updated CAL Fire Santa Cruz County State Responsibility Area (SRA) Fire Hazard Severity Zones dated June 15, 2023, the City of Scotts Valley is not located within a Local SRA but is located within a Fire Protection Responsibility Area (Non-SRA) – Local Responsibility Area. 2 The City of Scotts Valley is outside a State Responsibility Area (SRA) per Fire Hazard Severity Zones viewer in State Responsibility Area. 3
The General Plan EIR concluded that under extreme conditions such as a lightening fire, or severe fire conditions due to a prolonged drought, a fire(s) could occur in the hillsides within the Planning Area and cover a broad that could potentially result in downstream flooding or landslides, post-fire instability, or drainage changes. Such conditions would be monitored and managed by the Scotts Valley Fire District, Cal Fire, and Santa Cruz County, and are not a direct impact associated with future development under the General Plan. Therefore, impacts would be less than significant, and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.
2 CAL FIRE, Fire Hazard Severity Zones in State Responsibility Area - Santa Cruz County (ca.gov), accessed March 27, 2025.
3 CAL FIRE, Fire Hazard Severity Zones (ca.gov), accessed March 27, 2025

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5.20 Mandatory Conclusion of Significance

ENVIRONMENTAL IMPACTS
Issues
New
Potentially
Significant
Impact
New Impact
Requiring
Mitigation
No New
Impact /
No
Impact
Reduced
Impact
Does the project:
a) Have the potential to substantially
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildlife species, cause a fish or wildlife
population to drop below self-sustaining
levels, threaten to eliminate a plant or
animal community, substantially reduce
the number or restrict the range of a rare
or endangered plant or animal or
eliminate important examples of the
major periods of California history or
prehistory?
X
b) Does the project have impacts that are
individually limited, but cumulatively
considerable? ("Cumulatively
considerable" means that the
incremental effects of a project are
considerable when viewed in connection
with the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)?
X
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectly?
X

5.20.1 Discussion
As discussed in the individual sections, the Project would not degrade the quality of the environment, including effects on animals or plants.

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As described in the Biological Resources section, the project would comply with the City of Scotts Valley Zoning Ordinance Section 17.44.080 Tree Protection Regulation which regulates the protection and removal of protected trees.

Consistent with Section 17.44.130 – Cultural Resource Protection, all future development would be subject to City review to protect the interest of the public by providing for the identification, protection, enhancement, perpetuation and use of archaeological resources and sites within the City that reflect special elements of the City's prehistoric and historic archaeological heritage. This includes retaining a Professional Archaeologist on an “on-call” basis during ground disturbing construction to review, identify and evaluate any potential cultural resources that may be inadvertently exposed during construction.

As described in the environmental resource sections of this Initial Study, the project would not have environmental effects that would cause substantial adverse effects on human beings, either directly or indirectly.

The Project would result in temporary air quality and noise impacts during construction. With the implementation of the identified Standard Conditions of Approval, and consistency with adopted City policies, construction impacts associated with future development would be mitigated to a less than significant level. As described above, these impacts would be temporary, and the project would not have cumulatively considerable impacts on air quality and noise impacts.

The Project would not cause a significant impact on the environmental resources and would not contribute to cumulative impacts to these resources. Therefore, the project would not cause a cumulatively considerable impact and no mitigation is required.

Conclusion
No New Impact. The changes associated with the Project would not result in any new impacts or increase the severity of impacts in this regard.

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Source: Microsoft Bing Maps, 2025

Figure 1 Regional Location
Addendum to the General Plan EIR for the 6th Cycle Housing Element 2023-2031 Not to scale Initial Study
Scotts
Valley

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Source: City of Scotts Valley 6th Cycle Housing Element 2023-2031, 2023

Figure 2: 6th Cycle Housing Element Sites Inventory – All Sites Addendum to the General Plan EIR for the 6th Cycle Housing Element 2023-2031 Not to scale Initial Study

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Source: City of Scotts Valley 6th Cycle Housing Element 2023-2031, 2023

Figure 3 Residential Rezone Sites
Addendum to the General Plan EIR for the 6th Cycle Housing Element 2023-2031 Not to scale Initial Study

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Source: City of Scotts Valley 6th Cycle Housing Element 2023-2031, 2023

Figure 4 Mixed-Use Rezone Sites
Addendum to the General Plan EIR for the 6th Cycle Housing Element 2023-2031 Not to scale Initial Study

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Source: City of Scotts Valley 6th Cycle Housing Element 2023-2031, 2023

Figure 5 Racially Concentrated Areas of Affluence (RCAAs) Addendum to the General Plan EIR for the 6th Cycle Housing Element 2023-2031 Not to scale Initial Study

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Source: Cal Fire, 2025

Figure 6 Local Responsibility Area Fire Hazard Severity Zones Addendum to the General Plan EIR for the 6th Cycle Housing Element 2023-2031 Not to scale Initial Study

Page 208 of 399 ends

RESOLUTION NO. 1119.38

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY TO APPROVE GENERAL PLAN AMENDMENT NO. GPA25-001 TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT OF THE GENERAL PLAN
WHEREAS, on December 20, 2023, the City Council adopted the 2023-2031 Housing Element of the General Plan (Housing Element);
WHEREAS, Housing Element Program H-1.1 requires the City to rezone properties to provide adequate sites for the City’s 2023-2031 regional housing needs allocation (RHNA);
WHEREAS, Ordinance No. 16.142.1 amends the Zoning Code to rezone properties consistent with Housing Element Program H-1.1;
WHEREAS, amendments to the General Plan Land Use Element are needed to maintain consistency with the Zoning Code as amended by Ordinance No. 16.142.1; WHEREAS, the Highway 17 Access Management Plan (California Department of Transportation, 2016) identifies driveways located on Highway 17 in Scotts Valley as hazardous conflict points with heightened potential for traffic collision facilities and serious injuries; and
WHEREAS, General Plan Mobility Element Policy M-3.20 states that where a proposed project would require direct access to/from Highway 17, the City shall confirm that it is consistent with Caltrans’ Access Management Plan.

WHEREAS, further clarification is needed in the General Plan that existing City policy prohibits the creation of all new unit development on properties accessed solely from hazardous Highway 17 conflict points as identified in the Highway 17 Access Management Plan;
WHEREAS, the Planning Commission adopted Resolution No. 1804.1 recommending adoption of General Plan Amendment No. GPA25-001 to maintain consistency with the Zoning Code and clarify unit development restrictions on properties accessed solely from highway 17; and
WHEREAS, the City Council held a duly noticed public hearing on June 4, 2025 on the proposed General Plan Amendment at which the public were granted an opportunity to provide oral and written testimony; and
WHEREAS, at the public hearing on June 4, 2025, before introducing this Resolution, the City Council adopted Resolution No. 1119.37 to approve the Addendum to the General Plan Update Environmental Impact Report (SCH 2020070330) for the proposed General Plan Amendments, finding, among other things, that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the proposed General Plan Amendments would not result in any significant impacts not considered under the original EIR.

Page 209 of 399 ends

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

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council approves revisions to Table LU-2 in the Land Use Element of the Scotts Valley General Plan as shown in Exhibit A.

3. The City Council approves revisions to the Mobility Element of the Scotts Valley General Plan to add a new Policy M-3.21 to read as follows:
“Policy M-3.21: Highway 17 Access Hazards. Any development that would create one or more new dwelling units is not permitted where vehicle access to the site is provided solely from Highway 17 at the following locations as identified in the Highway 17 Access Management Plan (California Department of Transportation, 2016):
a. Driveway at PM 6.712 (Map ID #24)
b. Crescent Drive (Map ID #25)
c. Driveway at PM 6.485 (Map ID #26)
d. Sawyer Circle (PM: 6.787)”

4. The City Council finds the General Plan Amendment consistent with state law. The Land Use Element amendment is needed for consistency with state housing laws as reflected in the Housing Element as certified by the California Department of Housing and Community Development. The Mobility Element Amendment lawfully protects the public health, safety, and welfare by limiting new unit development in identified high traffic hazard areas. New Policy M-3.21 is necessary to protect public safety given the hazardous traffic conditions caused by driveways located off Highway 17 as described in Highway 17 Access Management Plan (California Department of Transportation, 2016). This policy is also necessary to ensure adequate and safe access and evacuation in case of an emergency in locations prone to wildfire and geologic hazards.

5. The City Council finds the General Plan Amendment consistent and compatible with the rest of the General Plan. The Land Use Element amendment resolves inconsistencies between Housing Element programs and the description of land use designations. The Mobility Element Amendment is consistent with Mobility Element Policy M-3.20: “Where a proposed project would require direct access to/from Highway 17, [the City shall] confirm that it is consistent with Caltrans’ Access Management Plan.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a regular meeting held on the 4 th day of June, 2025, by the
following vote:

AYES:

Page 210 of 399 ends

NOES:

ABSENT:

ABSTAIN:

Approved: ___________________________
Derek Timm, Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk

Page 211 of 399 ends

EXHIBIT A: Proposed General Plan Amendments

1. Proposed revisions to Table LU-2 beginning on page LU-14 in the Land Use Element of the Sco Ʃs Valley General Plan (revisions shown in
underline strikethrough):

Table LU-2: General Plan Land Use Designa
Ɵons
General Plan Land Use Designa
Ɵon
Corresponding Zoning Designa
Ɵon
Residen
Ɵal Density/
Commercial Building Coverage1, 3 Descrip
Ɵon Poten
Ɵal Land Uses4
Residen
Ɵal
Mountain R-M
T-5 1 du /
5 acres
Primarily for hillside areas of the city where environmental constraints require development at lower densi Ɵes.
 Single-family detached dwellings  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas
 Compa
Ɵble public, quasi- public, and special
uses
Rural R-R-2.5 1 du /

2.5 acres
To provide areas for large- lot residen
Ɵal living and minor agricultural
ac
Ɵvi
Ɵes. To preserve, to the greatest
extent feasible, the natural topography while crea
Ɵng a living environment
which best serves the needs of its residents.
 Single-family detached dwellings  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas
 Compa
Ɵble public, quasi- public, and special
uses
Estate R-1-40 1 du /acre To provide areas for single-family residen
Ɵal development where lot sizes
and densi
Ɵes are
designed to accommodate large areas of open space for recrea Ɵonal ac
Ɵvi
Ɵes
compa
Ɵble with a residen
Ɵal
environment.
 Single-family detached dwellings  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas
 Compa
Ɵble public, quasi- public, and special
uses
Low R-1-20 2 dus/acre To provide areas for households that desire rural/suburban living with a range of housing op Ɵons and are
designed to accommodate areas of
 Single-family detached dwellings  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas

Page 212 of 399 ends

EXHIBIT A: Proposed General Plan Amendments
General Plan Land Use Designa
Ɵon
Corresponding Zoning Designa
Ɵon
Residen
Ɵal Density/
Commercial Building Coverage1, 3 Descrip
Ɵon Poten
Ɵal Land Uses4
open space for recrea
Ɵonal ac
Ɵvi
Ɵes
compa
Ɵble with a residen
Ɵal
environment.
 Compa
Ɵble public, quasi- public, and special
uses
Medium R-1-10 2 - 5
dus/acre
To provide areas for households that desire suburban living with a range of housing op Ɵons, and to provide
opportuni
Ɵes for limited neighborhood
support uses and ameni
Ɵes.
 Single-family detached dwellings  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas
 Compa
Ɵble public, quasi- public, and special
uses
Medium High R-M-6 and RM-8 5 - 9 dus/acre To provide areas for households that desire suburban living with a range of housing op
Ɵons, and to provide
opportuni
Ɵes for neighborhood
support uses and ameni
Ɵes.
 Single-family a
Ʃached and detached dwellings
 Townhouses and condominiums  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas
 Compa
Ɵble public, quasi- public, and special
uses
High R-H 9 - 15
dus/acre
To provide areas for households that desire urban living within a compact and walkable neighborhood and provide opportuni Ɵes for neighborhood
support uses and ameni
Ɵes.
 Single-family a
Ʃached dwellings
 Townhouses and condominiums  Apartments  Limited neighborhood- serving commercial  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas
 Compa
Ɵble public, quasi- public, and special
uses
Very High R-VH 15.1 - 20
dus/acre
To provide areas for households that desire dense urban living within a compact, walkable neighborhood that is served by transit, and to provide opportuni Ɵes for neighborhood
support uses and ameni
Ɵes.
 Townhouses and condominiums  Apartments  Neighborhood-serving commercial  Secondary dwelling units  Accessory structures  Public parks and recrea Ɵon areas

Page 213 of 399 ends

EXHIBIT A: Proposed General Plan Amendments
General Plan Land Use Designa
Ɵon
Corresponding Zoning Designa
Ɵon
Residen
Ɵal Density/
Commercial Building Coverage1, 3 Descrip
Ɵon Poten
Ɵal Land Uses4
 Compa
Ɵble public, quasi- public, and special
uses
CommercialProfessional C-P 35% To provide areas for administra Ɵve,
business and professional o
ffices in
which merchandise is not manufactured or sold.
 Professional services and o
ffice
 Compa
Ɵble public, quasi- public, and special
uses
Service C-S 45% To provide areas for convenient retail
and service establishments that serve neighborhood and local popula Ɵons
and are served by transit and quality bicycle and pedestrian-friendly facili Ɵes.
 Retail, professional services, and o
ffice
 Compa
Ɵble public, quasi- public, and special
uses
 Very High residen
Ɵal (mixed- use) is permi
Ʃed
providing adjacent uses are compa
Ɵble and the
residen
Ɵal use is secondary to the retail use
(i.e., consists of no more than 49% of the total gross square feet of the development).4 Shopping Center
C-SC 35% To provide areas for urban centers with
retail and services, o
ffice, and
mixed-use establishments that serve local and regional popula Ɵons, and are
well served by transit and quality bicycle and pedestrian-friendly facili Ɵes.
 Retail, service, o
ffice
 Public gathering places such as plazas and
courtyards
 Compa
Ɵble public, quasi- public, and special
uses
 Very High residen
Ɵal (mixed- use) is permi
Ʃed
providing adjacent uses are compa
Ɵble and the
residen
Ɵal use is secondary to the retail use
(i.e., consists of no more than 49% of the total gross square feet of the development).4 Industrial

Page 214 of 399 ends

EXHIBIT A: Proposed General Plan Amendments
General Plan Land Use Designa
Ɵon
Corresponding Zoning Designa
Ɵon
Residen
Ɵal Density/
Commercial Building Coverage1, 3 Descrip
Ɵon Poten
Ɵal Land Uses4
Light Industrial
I-L 50% To provide areas for manufacturing,
product assembly, warehousing and suppor
Ɵng uses and ameni
Ɵes.
 Industrial or manufacturing  O
ffice, retail and service uses that provide
support to employees
 Compa
Ɵble public, quasi- public, and special
uses This designa
Ɵon should not be located
adjacent to a residen
Ɵal or commercial use
without substan
Ɵal bu
ffers
Industrial R&D PD n/a To provide areas that involve ac
Ɵvi
Ɵes
related to corporate or governmental innova
Ɵon involved in scien
Ɵfic and
applied research, technology, and product design and development.  Compa
Ɵble public, quasi- public, and special
uses
 Applies to the Enterprise Technology Center
Heavy Industrial
n/a To provide areas that involve intensive
manufacturing, mining and quarrying of minerals that due to their intensity of use are less compa Ɵble with residen
Ɵal
and commercial categories
 Mining / quarry  Chemical manufacturing
OtherPublic / QuasiPublic P n/a To provide public facili Ɵes that are
necessary or desired for public health, safety, and welfare and quasi-public facili Ɵes that serve the broader
community.
 Public and private educa
Ɵonal facili
Ɵes
 Emergency services  Health care facili
Ɵes
 Religious facili
Ɵes
 Governmental buildings  Cultural facili
Ɵes
Open Space / Conserva
Ɵon
OS n/a To provide areas for the conserva
Ɵon
and sustainable use of the community's natural or scenic resources.  Wetlands and open water  Plant and wildlife habitats  Timber produc Ɵon zones
 Floodplains  Ac
Ɵve and passive recrea
Ɵon facili
Ɵes
 Greenways and trails  Areas with permanent open space easements

Page 215 of 399 ends

EXHIBIT A: Proposed General Plan Amendments
General Plan Land Use Designa
Ɵon
Corresponding Zoning Designa
Ɵon
Residen
Ɵal Density/
Commercial Building Coverage1, 3 Descrip
Ɵon Poten
Ɵal Land Uses4
 Bu
ffers between developed areas
 Golf courses and commercial outdoor recrea
Ɵon
facili
Ɵes Farmlands and grazing areas
 Compa
Ɵble public, quasi- public, and special
uses
Special Treatment Areas
PD n/a To provide overlay designa
Ɵons for
areas where planned developments or some form of special treatment is required for allow future development.  Land uses are variable. See Special Treatment
Areas discussion, below.

Notes: (1) Residen
Ɵal – maximum dwelling units/gross acre. Commercial – maximum building coverage. (2) n/a – Not applicable. (3) On sites listed in Housing Element Table F-10: Sco Ʃs Valley 6th Cycle Candidate Sites, excluding APN 023-113-31 and 022-231-18 and proper Ɵes within the
Town Center Specific Plan area, the residen
Ɵal density, commercial building coverage, and poten
Ɵal land uses are as specified in Zoning Code Chapter 17.41 (Housing Element Opportunity Site Combining District. (4) In the Mixed Use Rezone sites listed in Housing Element Table F-10, residen Ɵal uses must consist of no more than 70 percent of the total gross square feet of the development. On Residen
Ɵal Rezone sites, there is no limit on the percent of development floor area that may be residen Ɵal (i.e., residen
Ɵal-only
development is allowed).2. Proposed new General Plan Mobility Element Policy:

Policy M-3.21: Highway 17 Access Hazards. Any development that would create one or more new dwelling units is not permi Ʃed where vehicle
access to the site is provided solely from Highway 17 at the following loca Ɵons as iden
Ɵ
fied in the Highway 17 Access Management Plan
(California Department of Transporta
Ɵon, 2016):
a. Driveway at PM 6.712 (Map ID #24) b. Crescent Drive (Map ID #25) c. Driveway at PM 6.485 (Map ID #26)

Page 216 of 399 ends

EXHIBIT A: Proposed General Plan Amendments
d. Sawyer Circle (PM: 6.787)

Page 217 of 399 ends

ORDINANCE NO. 16.142.1

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
SCOTTS VALLEY AMENDING SCOTTS VALLEY MUNICIPAL CODE TITLE 16 (SUBDIVISIONS) AND TITLE 17 (ZONING) TO IMPLEMENT HOUSING ELEMENT

PROGRAMS
WHEREAS, on December 20, 2023, the City Council adopted the 2023-2031 Housing Element of the General Plan (Housing Element);
WHEREAS, the Housing Element contains programs that call for the City to amend Municipal Code Title 17 (Zoning Code) to implement Housing Element goals and policies;
WHEREAS, the Planning Commission held a study session on March 13, 2025 to provide preliminary input on an approach to Zoning Code Amendments to implement the Housing Element;
WHEREAS, City staff used Planning Commission input to prepare amendments to the Scotts Valley Municipal Code Title 17 (Zoning), Title 16 (Subdivisions) to implement the Housing Element;
WHEREAS, the Planning Commission held a duly noticed public hearing on May 15, 2025 at which time it considered all evidence presented, both written and oral, and at the end of the hearing voted to recommend that the City Council adopt this Ordinance; and
WHEREAS, the City Council held a duly noticed public hearing on this Ordinance on June 4, 2025, at which time it considered all evidence presented, both written and oral.

WHEREAS, at the public hearing on June 4, 2025, before introducing this Ordinance, the City Council adopted Resolution No. 1119.37 to approve the Addendum to the General Plan Update Environmental Impact Report (SCH 2020070330) for this Ordinance, finding, among other things, that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the proposed General Plan Amendments would not result in any significant impacts not considered under the original EIR.

NOW, THEREFORE, the City Council of the City of Scotts Valley does hereby ordain as follows:

Section 1. Section 16.78.030, Permitting process, of Chapter 16.78, Urban lot splits, of Title 16, Subdivisions, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“16.78.030 Permitting process.

A. Parcel Map Required. A parcel map is required for all urban lot splits pursuant to Government Code Section 66411.7.

Page 218 of 399 ends

B. Eligibility. The city shall accept a parcel map application for an urban lot split only if the application complies with all of the following requirements.

1. Zoning District. The existing parcel is located in the R-1 Single-Family Residential, R-R Residential-Rural, or R-MT Residential-Mountain zoning district.

2. Existing Parcel Size. The area of the existing parcel is two thousand four hundred square feet or more.

3. Environmental Resources and Hazards. The parcel satisfies the requirements of Government Code subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, which prohibits development on sites subject to specified environmental resources and hazards.

4. Affordable and Rental Housing. The proposed urban lot split would not require demolition or alteration of any of the types of housing identified in Government Code paragraph (3) of subdivision (a) of Section 65852.21.

5. Historic Resources. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

6. No Prior Urban Lot Split.
a. The parcel was not established through a prior urban lot split. b. Neither the owner of the parcel being subdivided nor any person acting in concert with the owner has previously subdivided an adjacent parcel using an urban lot.

C. Application Contents. A parcel map application for an urban lot split must be filed with the city on an official city application form. Applications shall be filed with all required fees, information, and materials as specified by the city.

D. Ministerial Approval. The city shall ministerially approve a parcel map for an urban lot split if the application complies with all requirements of this chapter.

No public hearing or discretionary review is required.

E. Subdivision Map Act Compliance. The city shall approve an urban lot split only if it conforms to all applicable objective requirements of the subdivision map except as otherwise provided in this chapter.

F. Time Period for City Action.

1. The City shall approve or deny the urban lot split application within 60 days from the date the City receives a completed application. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay.

2. If the City does not approve or deny the completed application within 60 days, the application shall be deemed approved.

FG. Basis for Denial.

Page 219 of 399 ends

1. The city shall deny the urban lot split if either of the following is found:
a. The urban lot split fails to comply with any requirement in this chapter.

Any such requirement that is the basis for denial shall be specified by the city in writing.
b. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and
determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. The city shall not deny an urban lot split solely because it proposes adjacent or connected structures provided that the structures meet building code safety standards and are sufficient to allow separate conveyance.

3. For purposes of this chapter, "sufficient for separate conveyance" means that each attached or adjacent dwelling unit is constructed in a manner adequate to allow for the separate sale of each unit in a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project), or into any other ownership type in which the dwelling units may be sold individually.

H. Comments for Denied Application.

1. If the City denies an urban lot split application, the City shall provide written comments to the applicant that list the items that are defective or deficient and describe how the application can be remedied by the applicant.

2. Written comments required by Paragraph 1 above shall be provided to the applicant within the time period described in Subsection F (Time Period for City Action) of this section.

GI. Conditions of Approval.

1. Easements. The city shall condition parcel map approval on the dedication of any easements deemed necessary for the provision of public services to the proposed parcels and any easements deemed necessary for access to the public right-of-way.

2. Dedications and Improvements. The city shall not require dedications of rights- of-way or the construction of offsite improvements for the parcels being created as a condition of parcel map approval.

3. Nonconforming Zoning Conditions. The city may not require the correction of nonconforming zoning conditions on the parcel a condition of parcel map approval.”

Page 220 of 399 ends

Section 2. The Table of Contents for Chapter 17.41, Housing Element Opportunity Site Combining District, of Title 17, Zoning, of the Scotts Valley Municipal Code, is hereby amended to read as follows:
“Chapter 17.41 HOUSING ELEMENT OPPORTUNITY SITE COMBINING DISTRICT

17.41.010 Purpose

17.41.020 Applicability.

17.41.030 Permitting Process

17.41.040 Permitted Uses

17.41.050 DensityDevelopment Standards

17.41.050 Lot Consolidation Incentives

17.41.0570 Replacement Units for Non-Vacant Sites

17.41.0860 Sunset”

Section 3. The Table of Contents for Chapter 17.44, General and Special Provisions, of Title 17, Zoning, of the Scotts Valley Municipal Code, is hereby amended to read as follows:
“Chapter 17.44 – GENERAL AND SPECIAL PROVISIONS

17.44.020 - Commercial and industrial performance standards.

17.44.030 - Off-street parking and loading requirements.

17.44.040 - Prezoning of unincorporated territory.

17.44.050 - Underground utilities.

17.44.060 - Condominium conversions and condominiums.

17.44.070 - Mobile home park conversion regulations.

17.44.080 - Tree protection regulations.

17.44.100 - Congregate senior housing facilities.

17.44.110 - Emergency shelters.

17.44.120 - Cultural resource preservation commission.

Page 221 of 399 ends

17.44.130 - Cultural resource preservation.

17.44.140 - Historic landmark preservation.

17.44.150 - External antennae.

17.44.170 - Reserved

17.44.180 - Multi-Unit Residential Design Standards

17.44.190 – Employee Housing

17.44.200 – Racially Concentrated Areas of Affluence”
Section 4. The Table of Contents for Chapter 17.55, SB 9 Residential Development, of Title 17, Zoning, of the Scotts Valley Municipal Code, is hereby amended to read as follows:
“Chapter 17.55 - SB 9 RESIDENTIAL DEVELOPMENT

17.55.010 - Purpose and intent.

17.55.020 - Definitions.

17.55.030 - Permitting process.

17.55.040 - General requirements.

17.55.050 - Development standards.

17.55.060 - Objective design standards.

17.55.070 - Deed restrictions.

17.55.080 – SB 9 triplexes.”
Section 5. Section 17.04.070, "D" terms, of Chapter 17.04, Definitions, of Title 17, Zoning, of the Scotts Valley Municipal Code, is hereby amended to add the following definition to read as follows:
““Duplex” means a building that contains two dwelling units, each with its own exterior entrance. Each unit within a duplex provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.”
Section 6. Section 17.04.230, "T" terms, of Chapter 17.04, Definitions, of Title 17, Zoning, of the Scotts Valley Municipal Code, is hereby amended to add the following

Page 222 of 399 ends

definition to read as follows:
““Triplex” means a building that contains three dwelling units, each with its own exterior entrance. Each unit within a triplex provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.”
Section 7. Section 17.14.020, Permitted uses, of Chapter 17.14, R-1 Single-Family Residential Zoning District Regulations, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to add a new Subsection I to read as follows:
“I. Townhouses and condominiums conforming to the density requirements of this chapter located in racially concentrated areas of affluence (RCAA). See Section 17.44.190 (Racially Concentrated Areas of Affluence).” Section 8. Subsection H of Section 17.14.030, Conditional uses, of Chapter 17.14, R-1 Single-Family Residential Zoning District Regulations, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“H. Townhouses and condominiums conforming to the density requirements of this chapter located outside of racially concentrated areas of affluence (RCAA).

See Section 17.44.190 (Racially Concentrated Areas of Affluence);" Section 9. Subsection E of Section 17.20.040, Development standards, of Chapter

17.20, C-S Service Commercial Zoning District Regulations, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“E. Maximum building coverage: fifty Forty-five percent;” Section 10. Subsection E of Section 17.22.040, Development standards, of Chapter

17.22, C-SC Shopping Center Commercial Zoning District Regulations, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“Maximum building coverage: fifty Thirty-five percent;” Section 11. Chapter 17.41, Housing Element Opportunity Site Combining District, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“17.41.010 Purpose
The purpose of the housing element opportunity site (HE) combining district is to facilitate affordable housing production on opportunity sites identified in the General Plan 6th cycle Housing Element.

Page 223 of 399 ends

17.41.020 Applicability.

The HE combining district applies to the following parcels, where located outside of the Town Center Specific Plan area:

A. Non-vacant sites listed in General Plan 6th cycle Housing Element Table F-10:

Scotts Valley 6th cycle Candidate Sites that were Identified in 5th cycle housing elements.

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

C. Residential and Mixed- Use Rezone sites as listed in General Plan 6th cycle Housing Element Table F-10 and shown in Figure F-1, except for APN 023-113-31 and 022- 231-18.

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

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

2. The proposed project requires ministerial design review as provided in Section

17.50.045 (Ministerial Design Review).

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

B. Other Projects. For proposed development projects not specified in Subsection A (Affordable Housing) above, the permitting requirements are as otherwise required by the zoning ordinance and any applicable state law.

17.41.040 Permitted Uses
A. Residential Uses. Multifamily dwellings are a permitted use in the HE combining district, subject to the following:
1 In the Mixed-Use Rezone sites listed in General Plan 6th cycle Housing Element Table F-10, Residential uses must occupy less than 70 percent of the total gross square feet on the property.

2. On Residential Rezone sites, residential-only development (no commercial on site) is permitted.

B. Other Uses. All other permitted, conditionally permitted, and prohibited uses in the HE combining district are as specified by the base zoning.

Page 224 of 399 ends

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

17.41-1 conflicts with the base zoning, Table 17.41-1 governs.

Table 17.41-1: HE Combining District Standards
Rezone Sites [1] All Other Sites [1]
Minimum Density [2] 20 du/ac 20 du/ac
Allowed Units per Site [3] No less than 16 No less than 16 Maximum Density 40 du/ac As specified by base zoning
Building Coverage 60% As specified by base zoning
Height
Stories 3 As specified by base zoning
Top Plate Height Residential only: 35 ft.

Vertical mixed use: 40 ft. [4] As specified by base zoning Roof Height
Additional 6 ft. above max.
top plate height for roof with
min. 5:12 pitch
As specified by base zoning
Notes:
[1] A “rezone site” means a Residential or Mixed Use Rezone site listed in General Plan 6th cycle Housing Element Table F-10. “All other sites” means a site in the HE combining district that is not a rezone site, except for APN 023-113-31 and 022-231-18. [2] Applies only to projects that create one or more new dwelling units. [3] The City shall allow at least 16 dwelling units on each development site regardless of lot size.
[4] Plate height greater than 35 ft. for vertical mixed-use development is permitted only if floor to ceiling height of ground floor commercial space is 12 feet or greater.

B. Deviations

1. If a development standard that appliesy to a site in the HE combining district physically precludes construction of the housing development at its proposed density, the applicant may request deviation from the limiting standard in accordance with policies established by the community development department.

2. The applicant must submit reasonable documentation that the existing standard physically precludes the construction of the housing development at its proposed density.

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3. The deviation from the standard may be no greater than the minimum needed to achieve the proposed density.

4. For projects reviewed by the City through a by-right approval process, the Ccommunity Ddevelopment Ddirector may defer final decision on a requested deviation to the Planning Commission.

17.41.050 Lot Consolidation Incentives
A. Eligibility. The City shall grant lot consolidation incentives for development projects in the HE combining district that meet all of the following criteria:

1. The proposed project merges one or more parcels less than one-half acre in size with an adjacent parcel.

3. The proposed project complies with the minimum density standard in Table

17.41-1 (HE Combining District Standards) or any applicable specific plan as applied to the newly created parcel.

4. For mixed-use projects, residential uses occupy at least 85 percent of the project’s gross floor area.

B. Incentives. A proposed project that meets the eligibility criteria in Subsection A above is entitled to one or more of the following incentives:

1. Deviation from applicable physical development and subdivision standards as necessary to allow the proposed 100 percent affordable development project. a. Deviation from subdivision standards may not conflict with any applicable requirement in the California Subdivision Map Act.
b. The applicant must submit reasonable documentation that the existing standard precludes development of the proposed affordable housing project. The deviation from the standard may be no greater than the minimum needed to allow for the proposed project.

2. City funding and financial resources as available, including reduced or waived City fees.

3. Priority application processing and placement on public meeting agendas.

4. City technical assistance to assist with site planning, grant funding, project financing, and subdivision approvals.

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17.41.0570 Replacement Units for Non-Vacant Sites
A development project that eliminates existing units affordable to lower income households must replace these units with new affordable units as required in paragraph (3) of subdivision (c) of Government Code Section 65915.

17.41.0860 Sunset
This section shall remain in effect only until December 15, 2031, and as of that date is repealed.”
Section 12. Parking spaces required for multi-family dwellings, in Subsection F, Schedule of Off-Street Parking Space Requirements, of Section 17.44.030, Off-street parking and loading requirements, of Chapter 17.44, General and Special Provisions, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“Multi-family dwellings Studio and 1 bedroom: 1 space
2 bedroom: 1.5 spaces
3+ bedroom: 2 spaces
Two parking spaces for each dwelling unit; plus one
additional parking space for every five units, or fraction thereof.”
Section 13. Subsection G.2 of Section 17.44.060, Condominium conversions, of Chapter 17.4, General and Special Provisions, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“2. Open space: Each unit within the project shall have an appurtenant private patio, deck, balcony, atrium or solarium with a minimum area of one hundred fifty square feet. Such space shall be designed for the sole enjoyment of the unit owner, shall have at least two weatherproofed electrical convenience outlets and shall have a shape and size that would allow for optimum usable space. Such space shall be at the same level as and immediately accessible from, a room within the unit. The planning commission may allow variations from the above dimensional standards where it can be shown that the required private open space meets the intent and purpose of this section.” Section 14. Sections O through S of Section 17.44.060, Condominium conversions, of Chapter 17.4, General and Special Provisions, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“O. Tenant’s Right To Purchase.

1. As provided in Government Code Section 66459, each tenant shall receive a nontransferable right of first refusal to purchase the unit.

2. The right of first refusal shall extend for 90 days from the date of issuance of the subdivision public report or the beginning of sales, whichever is later.

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P. Tenant Relocation Assistance.

1. Relocation and Assistance Plan.
a. The subdivider shall submit a tenant relocation and assistance plan with the Use Permit and Tentative Map or Tentative Parcel Map application for the condominium conversion.
b. The plan shall include the information consistent with the State of California Relocation Assistance Act (Government Code Sections 7260 – 7277) and the Federal Uniform Relocation Assistance and Real Property Policies for Federal and Federally Assisted Programs Act (United States Code Title 42, Chapter 61) as well as those additional provisions in Subparagraphs 2 to 5 below.

2. Rent Freeze.
a. Upon notification of intent to convert, the then-current rents shall remain in effect for up to 12 months or until the conversion process has been completed or terminated.
b. If approval of the Tentative Map or Tentative Parcel Map is still pending at the end of 12 months, the freeze shall apply for another 12 months, allowing for an increase based on the rental component of the Consumer Price Index.
c. During such period as any rent freeze is in effect, 30-day eviction notices shall be issued only where a clear breach of the rental agreement exists.

3. Moving Allowance.
a. Persons who are tenants at the time of the initial notice to convert the project shall be offered a minimum moving allowance of two times the monthly rent in effect at the time the tenant elects to move. b. Such allowance shall be payable only after City approval of the Use Permit and Tentative Map or Tentative Parcel Map. Payment to the tenant shall be within 14 days after the tenant vacates the premises.

4. Extended Leases. Tenants who have been displaced from previous conversions of apartments to condominiums in Scotts Valley during the last five years shall be offered a three-year lease from the date of the initial offering of units for sale to the public.

5. Other Tenant Situations. Any non-purchasing tenant who is disabled or has minor children in school or is age 62 or older, living in any unit prior to the time a completed Use Permit and Tentative Map or Tentative Parcel Map application has been accepted as complete by the City shall be given at least six months in which to find suitable replacement housing.

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

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

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

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

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

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

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

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

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

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

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

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

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

US. Appeals. Any person who is dissatisfied with any decision made by the planning commission may appeal the same in accordance with the procedures established in Section 17.50.060 of this title.”
Section 15. New Section 17.44.190, Racially Concentrated Areas of Affluence, is hereby added to Chapter 17.44, General and Special Provisions, of Title 17, Zoning, of the Scotts Valley Municipal Code, to read as follows:

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“17.44.190 Racially Concentrated Areas of Affluence.

A. Purpose. This section implements General Plan 6th cycle Housing Element programs to affirmatively further fair housing by taking actions to overcome patterns of segregation and increase access to opportunities for all residents.

B. Applicability. The provisions in this section apply to racially concentrated areas of affluence (RCAA) as identified in 6th cycle Housing Element Figure E-4a.

C. Missing Middle Conversions. Within RCAA, an existing single-family dwelling may be converted into a duplex or a triplex subject to the following:

1. The lot must conform to zoning district minimum lot area standard.

2. The lot may contain only one existing dwelling unit.

3. The conversion may only use existing living area in the primary dwelling.

Conversion of accessory structures is not permitted.

4. A minimum lot area of 5,000 square feet is required per unit. 5 A triplex is permitted only on lots with an average slope of less than 25 percent.

6. Conversions are not permitted on lot with an existing accessory dwelling unit.

7. The conversion may not be combined with an SB 9 residential development project or urban lot split (Chapters 17.55 and 16.78).

8. Off-street parking spaces must be provided as follows:
a. One space for a studio or one-bedroom unit.
b. Two spaces for a unit with two bedrooms or more.

9. Parking spaces may not be in the required front yard. The conversion may not add or enlarge an existing driveway curb cut.

10. Dwelling units must be connected to the municipal water and sewer system.

D. SB 9 Triplexes. An existing single-family home in RCAA zoned R-1 may be converted into an SB9 triplex if one or more new units on the site are deed restricted affordable. See Section 17.55.080 (SB 9 triplexes).

E. Condominiums and Townhomes. Within RCAA, townhouses and condominiums in the R-1 zoning district are a permitted use. See Section 17.14.020 (Permitted uses).”
Section 16. Section 17.55.030, Permitting process, of Chapter 17.55, SB 9 Residential Development, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:

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“17.55.030 Permitting process.

A. Building Permit. An SB 9 residential development requires city approval of a building permit.

B. Ministerial Approval. The city shall ministerially approve a building permit for an SB 9 residential development if the application complies with all requirements of this chapter. No public hearing or discretionary review is required.

C. Urban Lot Splits. An SB 9 residential development that includes an urban lot split requires city approval of a parcel map pursuant to Municipal Code Chapter 16.78 (Urban Lot Splits).

D. Eligibility. The city shall accept an application for an SB 9 residential development only if the project complies with the following requirements.

1. Zoning District. The development is located in the R-1 Single-Family Residential, R-R Residential-Rural, or R-MT Residential-Mountain zoning district.

2. Compliance with Chapter. The development complies with all applicable requirements of this chapter.

3. Environmental Resources and Hazards. The development satisfies the requirements of Government Code subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) of Section 65913.4, which prohibits development on sites subject to specified environmental resources and hazards.

4. Affordable and Rental Housing. The development will not require demolition or alteration of any of the types of housing identified in Government Code paragraph (3) of subdivision (a) of Section 65852.21.

5. Historic Resources. The development is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Public Resources Code Section 5020.1.

E. Time Period for City Action.

1. The City shall approve or deny the building permit application within 60 days from the date the City receives a completed application. If the applicant requests a delay in writing, the 60-day time period shall be tolled for the period of the delay.

2. If the City does not approve or deny the completed application within 60 days, the application shall be deemed approved.

EF. Basis for Denial.

1. The city shall deny an application for an SB 9 residential development if either of the following is found:
a. The development fails to comply with any requirement in this chapter. Any such requirement that is the basis for denial shall be specified by the city in writing.

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b. The city's building official makes a written finding, based upon a preponderance of the evidence, that the proposed development would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2. The city shall not deny an SB 9 residential development solely because it conflicts with the city's density limitations for the applicable zoning district.

G. Comments for Denied Application.

1. If the City denies an application for an SB 9 residential development, the City shall provide written comments to the applicant that list the items that are defective or deficient and describe how the application can be remedied by the applicant.

2. Written comments required by Paragraph 1 above shall be provided to the applicant within the time period described in Subsection B (Time Period for City Action) of this section.”
Section 17. Section 17.55.050, Development standards, of Chapter 17.55, SB 9 Residential Development, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:
“17.55.050 Development standards.

A. Building Height.

1. For an SB 9 residential development that complies with the minimum yard requirements of the applicable zoning district and combining district, the maximum building height is twenty-five feet.

2. For an SB 9 residential development that does not comply with the minimum yard requirements of the applicable zoning district and combining district, the maximum building height is sixteen feet.

B. Unit Size.

1. For an SB 9 residential development that complies with the minimum yard requirements of the applicable zoning district and combining district, the maximum unit size is one thousand two hundred fifty square feet per unit.

2. For an SB 9 residential development that does not comply with the minimum yard requirements of the applicable zoning district and combining district, the maximum unit size is eight hundred square feet per unit.

C. Yards.

1. Minimum yards for an SB 9 residential development are as follows:
a. Front: As required in the applicable zoning district

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b. Side: Four feet, except that no yard is required for a new side lot line shared between two parcels created through an urban lot split. c. Rear: Four feet.

2. As provided in A and B above, an SB 9 residential development that complies with the minimum yard requirement for a single-family dwelling in the applicable zoning district is eligible for greater building height and unit size than is allowed for SB9 residential development that does not comply with the zoning district minimum yard requirement.

3. Notwithstanding Paragraph 1 above, no setback is required for an existing structure or a structure constructed in the same location and to the same dimensions as an existing structure.

D. Separation Between Dwelling Units.

1. No minimum separation is required between dwelling units on a parcel if the structures meet building code safety standards.

2. Dwelling units may be connected if the structures meet building code safety standards and are sufficient to allow a separate conveyance.

E. Parking.

1. Required Parking. A minimum of one off-street parking space is required per dwelling unit except as provided in Paragraph 2 below.

2. Exceptions to Required Parking. No off-street parking is required in the following cases:
a. The parcel is located within one-half mile walking distance of either a highquality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.
b. There is a car share vehicle located within one block of the parcel. A car share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization that meet all the following criteria:
(1) Provides hourly or daily service;
(2) Vehicle reservations are processed and paid for using an on-line system;

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(3) Vehicles can be accessed where they are parked without having to go to a different physical location to execute a contract and/or pick up the keys; and
(4) Fleet has more than five cars in Scotts Valley and more than twenty cars in Santa Cruz County.

3. Location on Lot. As required by Section 17.44.030(J), driveways and parking spaces shall not proportionately occupy more than three hundred square feet for each ten feet of required front yard setback.

4. Garages. Required parking spaces may be uncovered for an SB 9 project with two or fewer new units, including accessory dwelling units. Required parking shall be in a garage for the third or fourth unit in an SB 9 project.

5. Landscape Buffer.
a. Where a parking area with three or more spaces is located across a street or alley from or immediately adjacent to a residential district, a landscape strip not less than five feet in depth shall be planted and permanently maintained along the abutting property line of the parking area. b. The landscape strip shall contain a row of landscaping with a minimum planting height of thirty-six inches.
c. Landscaping shall comply with intersection and driveway vision clearance requirements in Section 17.46.110.E.

F. Driveways.

1. Vacant Lots.
a. For an SB 9 development on a vacant lot, no more than one driveway curb cut is allowed with a maximum width of twenty feet. Units on two lots created through an urban lot split must share one driveway with access easements recorded as necessary.
b. The community development director may grant an exception to this requirement when needed for emergency vehicle access.

2. Non-Vacant Lots.
a. For an SB 9 project on a lot with an existing home, two driveway curb cuts are allowed only if the existing site layout or other physical constraints physically precludes shared use of a single driveway curb cut. b. The maximum width of a second curb cut where allowed is twelve feet.”

Section 18. Section 17.55.060, Objective design standards, of Chapter 17.55, SB 9 Residential Development, of Title 17, Zoning, of the Scotts Valley Municipal Code is hereby amended to read as follows:

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“17.55.060 Objective design standards.

A. Multi-Unit Residential Design Standards.

1. An SB 9 residential development that creates two or more new primary dwelling units shall comply with the Multi-Unit Residential Design Standards, which are adopted by Ccity Ccouncil resolution and may be amended from time to time.

2. If one or more new primary dwelling units are added to a lot with an existing SB 9 residential development, the new dwelling unit(s) shall comply with the MultiUnit Residential Design Standards.

B. "Faces" Defined. As used in this section, the term "faces" means:

1. The building feature is parallel or substantially parallel to the street or property line; and

2. There is no other building located between the building feature and the street or property line.

C. Single Unit Projects. If an SB 9 residential development creates one new primary dwelling on a lot with an existing dwelling that was not previously established through an SB 9 residential development, the following design standards apply.

1. Garage Frontage. Where a dwelling with an internal or attached garage is located on the front half of the lot and the garage door faces a street, the garage frontage including the door width shall not exceed fifty percent of the width of the front facade of the building.

2. Massing. A building wall that faces a street or an adjacent residential use shall not run in a continuous plane of more than twenty-five feet without one or more of the following treatments:
a. A change in wall plane with a minimum of four feet in depth for the facade. b. A front porch or other covered entry feature with a minimum depth of three feet and width of six feet providing access to the dwelling's primary entrance.
c. An upper story stepback of at least six feet in depth for at least eighty percent of the street facing building wall.
d. A protruding window (such as a bay window) of at least two feet in depth.

3. Articulation. A building wall that faces a street or an adjacent residential use shall not run in a continuous plane of more than fifteen feet without one of the following treatments included on the facade at every building story:
a. Window.
b. Entry door.
c. Two or more visibly contrasting primary materials and/or colors. d. Wall mounted trellises for climbing plants.

4. Entries. Primary dwelling entrances must include one of the following:

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a. A recess in the building wall with a minimum width of four feet and depth of three feet.
b. A covered porch, providing access to the entry, with a minimum dimension of five feet by five feet.

5. Roof Forms. Rooflines twenty-five feet or longer that face a street or an adjacent residential use shall be articulated with recessed or projecting gabled roof elements, roof dormers, changes in roof heights, changes in direction or pitch of roof slopes, and other similar methods.

6. Windows. Windows that face a street or an adjacent residential use shall comply with one of the following:
a. All windows shall feature built up profile trim/framing. Trim/framing must project at least two inches from the building wall with material that visually contrasts from the building wall.
b. Window glass shall be inset a minimum of two inches from the exterior wall or frame surface to add relief to the wall surface.

7. Exterior Materials. The primary wall finish material shall be wood, wood shingle, stone, brick, stucco, fiber cement or other cementitious material, or stone. T1-11 siding and all grooved or patterned wood panel or composite wood panel siding are prohibited.

8. Private Open Space. Each dwelling unit shall have at least one hundred square feet of private open space. Required private open space shall comply with the following standards:
a. The open space shall be directly accessible from the dwelling unit. b. Balconies shall have a minimum dimension of six feet in depth and width and a minimum floor area of fifty square feet.
c. Patios shall have a minimum dimension of eight feet in depth and width and a minimum floor area of sixty-four square feet.
d. Open space may be covered but not fully enclosed. If covered, the minimum floor to ceiling height is eight and one-half feet. e. Ground level private open space shall be screened or buffered from adjacent private or common open space and dwellings by landscaping, fencing, walls, trellises, or other screening elements.

B. Accessory Dwelling Units. A new accessory dwelling unit (ADU) included in an SB 9 residential development shall comply with the same design requirements as apply to an ADU that is not established as part of an SB 9 project.

C. Neighbor Privacy.

1. If a building wall faces an adjacent residential use and does not comply with the minimum interior side or rear yard requirements of the applicable zoning district or combining district, windows on the wall must be:
a. Five-foot minimum sill height above the finished floor;

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b. Clerestory; or
c. Opaque/frosted glass.

2. Second-story exterior decks and balconies may not face an interior side or rear yard that abuts an adjacent residential use.

3. No portion of a rooftop deck may be closer than twenty-five feet from an interior side or rear yard that abuts an adjacent residential use.” Section 19. New Section 17.55.080, SB 9 triplexes, is hereby added to Chapter 17.55, SB 9 Residential Development, of Title 17, Zoning, of the Scotts Valley Municipal Code, to read as follows:
“17.55.080 SB 9 triplexes.

A. When Allowed. Notwithstanding any other provision in this chapter, an existing single-family dwelling may be converted into an SB 9 development with three units (SB 9 triplex) if:

1. The existing single-family dwelling is on a parcel in the R-1 zoning district and in racially concentrated area of affluence (see Section 17.44.190); and

2. One or more of the SB9 triplex units are deed restricted affordable to households earning no more than 80% of the County's Area Median Income.

B. Standards. An SB 9 triplex shall comply with the following standards:

1. The floor area of the third unit shall not exceed 800 square feet.

2. The third unit must comply with minimum yard requirements for single-family dwellings in the R-1 zoning district.

3. The third unit is allowed only as a modification to an existing single-family dwelling. The third unit may not be created as a structure detached from the existing single-family dwelling.

4. The third unit may be created by adding new floor area to the existing singlefamily dwelling.

5. An SB 9 triplex is not allowed on a lot created through an SB 9 urban lot split.” Section 20. GENERAL PLAN CONSISTENCY. The Municipal Code amendments are consistent with the General Plan. The Municipal Code amendments are adopted for the specific purpose of implementing programs in the Housing Element and bringing the City’s Municipal Code into conformance with the General Plan. The City has committed in the Housing Element to complete these Municipal Code amendments by the end of 2025.

Section 21. CEQA COMPLIANCE. An Addendum to the General Plan Update

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Environmental Impact Report (SCH 2020070330) (EIR) was prepared for the Municipal Code amendments in accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. The EIR Addendum demonstrates that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the Municipal Code amendments would not result in any significant impacts not considered under the original EIR.

Section 22. SEVERABILITY. If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional.

Section 23. To the extent the provisions of the Scotts Valley Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments.

Section 24. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.

Section 25. PUBLICATION. The City Clerk shall certify as to the adoption of this Ordinance and shall cause a summary thereof to be published within fifteen (15) days of adoption and shall post a certified copy of this Ordinance, including the vote for and against same, in the Office of the City Clerk, in accordance with Government Code Section 36933.

This Ordinance was introduced on the 4th day of June, 2025, and passed and adopted on the 18th day of June, 2025, at a duly held meeting of the City Council of the City of Scotts Valley by the following votes:

AYES:

NOES:

ABSENT:

ABSTAIN:

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APPROVED: ______________________________
Derek Timm, Mayor
ATTEST:
_________________________________
Cathie Simonovich, City Clerk
APPROVED AS TO FORM:
_________________________________
Kirsten Powell, City Attorney

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RESOLUTION NO. 16.141.1

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SCOTTS VALLEY AMENDING THE SB 9 PUBLIC HEALTH AND SAFETY AND ENVIRONMENTAL

RESOURCE PROTECTION STANDARDS

WHEREAS, Senate Bill (SB) 9 (Chapter 162, Statutes of 2021), amended the Government Code to require local agencies to allow up to four primary dwellings on one lot in single-family zoning districts if the project meets specified requirements; WHEREAS, SB 9 authorized local agencies to impose on SB 9 projects objective zoning standards, objective subdivision standards, and objective design review standards that do not conflict with the requirement of SB 9;
WHEREAS, on April 11, 2024 the City Council adopted Resolution No. 2046 establishing SB 9 Public Health and Safety and Environmental Resource Protection Standards (“SB 9 Standards”) consistent with the requirements of SB 9 in effect at that time; WHEREAS, SB 450 (Chapter 286, Statutes of 2024), amended the Government Code to prohibit local jurisdictions from imposing standards on SB 9 development that do not apply uniformly to development in the underlying zone unless these standards are more permissive than the generally applicable standards;
WHEREAS, the Planning Commission adopted Resolution No. 1804.1 recommending adoption of amendments to the SB 9 Public Health and Safety and Environmental Resource Protection Standards (“SB 9 Standards”) to remove standards that do not apply uniformly to development in the underlying zone ; and
WHEREAS, the City Council held a duly noticed public hearing on June 4, 2025 on the amended SB 9 Standards at which the public were granted an opportunity to provide oral and written testimony; and
WHEREAS, at the public hearing on June 4, 2025, before introducing this Resolution, the City Council adopted Resolution No. 1119.37 to approve the Addendum to the General Plan Update Environmental Impact Report (SCH 2020070330) for the proposed SB 9 Standards amendments, finding, among other things, that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the proposed General Plan Amendments would not result in any significant impacts not considered under the original EIR.

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

1. The above recitals are true and correct and incorporated herein by reference.

2. The City Council hereby adopts amendments to the SB 9 Public Health and Safety and Environmental Resource Protection Standards, attached to this resolution as Exhibit A.

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3. Such standards shall be effective immediately and may be amended from time to time, or repealed, by resolution of the City Council.

The above and foregoing resolution was duly and regularly adopted by the City Council of the City of Scotts Valley at a regular meeting held on the 4 th day of June, 2025, by the
following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Approved: ___________________________
Derek Timm, Mayor
Attest: ___________________________
Cathie Simonovich, City Clerk

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EXHIBIT A:

PROPOSED AMNDMENTS TO SB 9 PUBLIC HEALTH AND SAFETY

AND ENVIRONMENTAL RESOURCE PROTECTION STANDARDS
The following standards apply to SB 9 residential development and urban lot split as defined in Municipal Code Sections 17.55.020 and 16.78.020. The term “SB 9 project” as used below refers to a proposed project with an SB 9 residential development, an urban lot split, or both. Other standards and City requirements may also apply to an SB 9 project based on site-specific conditions and proposed project features.

A. Government Code Exclusions

1. Excluded Sites. An SB 9 project shall not be located on a site with any of the following environmental resources and hazards as specified in subparagraphs (B) to (K), inclusive, of paragraph (6) of subdivision (a) Government Code Section 65913.4 unless required mitigation, if allowed, is incorporated into the proposed project:
a. Prime farmland or farmland of statewide importance
b. Wetlands
c. Very high fire hazard severity zone
d. Hazardous waste site
e. Earthquake fault zone
f. 100-year flood zone
g. Regulatory floodway
h. Adopted natural community conservation plan
i. Habitat for protected species
j. Conservation easement
B. Fire District Requirements
An SB 9 project must comply with 1) the California Fire Code with modifications and amendments as adopted by the Scotts Valley Fire Protection District (“Fire District”); and 2) the Santa Cruz County Fire Prevention Officers Association Fire Prevention Standards as adopted by the Fire District. Before the City approves a building permit or parcel map for an SB 9 project, the applicant must submit documentation from the Fire District that the project complies with all applicable requirements. Fire District requirements that may affect the feasibility of an SB 9 project include the following:

1. Fire Hydrants: The number, spacing, and distance from the property. Pursuant to Municipal Code Section 17.55.040.C (Utility Connections), an SB 9 project must be connected to and served by a municipal water service provider (i.e., the Scotts Valley Water District or San Lorenzo Valley Water District). Private wells and tanks used to provide a water supply for fire protection are not allowed.

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2 2. Fire Flow: The flow rate and duration of a water supply that serves the project.

3. Fire Sprinklers: An automatic fire sprinkler system for each dwelling unit.

4. Access Road Dimensions: Minimum width, vertical clearance, and turning radius of roads providing fire apparatus access to the property.

5. Dead-End Access Roads: Maximum length of new dead-end roads/driveways serving the property.

C. City Fire Safety Standards
An SB 9 project must comply with the following City fire safety standards. These standards apply to an SB 9 project in addition to Fire District requirements. If Fire District requirements differ from City standards, the City will approve an SB 9 project only if it conforms with City requirements.

1. Emergency Vehicle Access – Roadway Width. An SB 9 project urban lot split shall be served by roadways providing emergency vehicle access with a minimum 20-foot width. If an emergency vehicle must utilize a road less than 20 feet wide at any point to access the property, an SB 9 project is not allowed unless the applicant widens the roadway to comply with this standard.

2. Dead-end Street Length – Urban Lot Splits. An SB9 urban lot split project is prohibited on a dead-end street where the distance from the start of the street to the lot exceeds the length specified in Municipal Code Section 16.44.020.A. For example, an SB 9 projecturban lot split is not allowed on a lot on a dead-end street in the Low Residential General Plan Land Use Category if the lot is more than 700 feet from the start of that dead-end street. If the lot on the dead-end street is less than 700 feet from the start of the street, a proposed lot split would be allowed if it complies with all other applicable standards.

3. Emergency Vehicle Access – Free of Obstructions. Required emergency vehicle access shall be maintained free of structures (e.g., locked gates) obstructing emergency vehicle access to development.

D. Geologic Hazard Standards

1. Hillside Residential Combining District. The following requirements apply to an SB 9 project within the HR Hillside Residential Combining District (Municipal Code Chapter 17.40). a. The applicant shall submit a site development plan and preliminary geologic and soils investigation report as required by Section 17.40.040.
b. On a building site created through an urban lot split, the following apply:
(1) The average slope of the lot shall not exceed 40 percent and the average slope of the proposed building envelope shall not exceed 25 percent. (2) A private access roadway to or on the site shall not exceed 150 feet in length or a grade of 15 percent along the length of the pavement.
c. On an existing lot of record, the following apply:

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3 (1) A structure or driveway shall not be located on a building pad with an average slope of 40 percent or more.
(2) A driveway to or on a building site shall not exceed a grade of 15 percent along the length of the pavement.
d. On all sites, the following apply:
(1) Portions of a site exceeding 30 percent slope shall not be graded. (2) Visible cut or fill slopes shall not exceed three horizontal to one vertical (3:1) (3) For units greater than 16 feet in height and/or with a floor area greater than 800 square feet, 1 foot shall be added to each side yard for each 1 foot of height above which the top plate line exceeds 15 feet in height.
(4) The clearance between ground floor levels and finish grade shall not exceed 4 feet.

Five feet is permitted if a landscape and irrigation plan which will screen the subfloor area is submitted with the application for a building permit and landscaping is installed prior to final inspection of the structure.

2. Landslide Hazard Areas. The following requirements apply to an SB 9 project in an area with known landslide deposits as shown in General Plan Figure SN-5 Landslide Deposits or on a site with known or suspected landslides as mapped by the United State Geological Survey. a. The applicant shall retain the services of a qualified geotechnical engineer or engineering geologist to prepare a design-level geotechnical investigation. The investigation shall identify project-specific foundation and structural design features needed to mitigate risks associated with landslide hazards.
b. The project shall be designed and constructed in accordance with the site preparation, foundation design, structural design, drainage, ground improvement performance testing, pavement design, and other recommendations in the design-level geotechnical investigation unless modified during construction, based on field conditions, by a qualified registered geotechnical or civil engineer.
c. Final grading plans shall be reviewed by a qualified registered geotechnical or civil engineer, and any resulting additional recommendations shall be incorporated into the project. d. All site preparation work shall be performed under the observation of the Geotechnical Engineering firm of record. All design and construction shall conform to the requirements of the latest California Building Code.
e. All structural design and construction shall be subject to final approval by the City of Scotts Valley Building Official.

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4 E. Circulation Safety Standards

1. Highway 17 Access Hazards. An urban lot split SB 9 project is not permitted where vehicle access to the site is provided solely from Highway 17 at the following locations as identified in the Highway 17 Access Management Plan (California Department of Transportation, 2016):
a. Driveway at PM 6.712 (Map ID #24)
b. Crescent Drive (Map ID #25)
c. Driveway at PM 6.485 (Map ID #26)

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Public Hearing Item 1
5/15/2025 PC Mtg.

City of Scotts Valley

PLANNING COMMISSION

STAFF REPORT
Date: May 15, 2025
Applications: AZO25-001, GPA25-001

Location: City-wide

General Plan / Zoning: All designations/zones
Environmental Addendum to General Plan Update EIR
Status:

Request: Consideration of amendments to Scotts Valley Municipal Code, General Plan, and SB 9 Standards to implement Housing Element programs
Staff Planner: Ben Noble, Consultant

STAFF RECOMMENDATION
It is recommended the Planning Commission conduct a public hearing, receive public comment, and adopt the resolution recommending the City Council 1) amend the Scotts Valley Municipal Code Title 17 (Zoning), Title 16 (Subdivisions), General Plan Land Use Element, and SB 9 Standards to implement General Plan Housing Element programs; and 2) adopt an Addendum to the General Plan EIR for the proposed amendments in compliance with the California Environmental Quality Act (CEQA).

BACKGROUND
On December 20, 2023, the City Council adopted the 2023-2031 Housing Element of the General Plan. The Housing Element is the foundation for City housing policy as required by state law. The Housing Element includes programs with specific actions that the City must complete within a specified timeframe.

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In 2024 the City Council adopted an initial set of Zoning Code Amendments to implement the Housing Element. Topics addressed in the 2024 amendments included accessory dwelling units, accessory structures, by-right development and design review, among other topics.

On March 13, 2025 the Planning Commission held a study session to provide input on Zoning Code amendments which must be completed in 2025. At this meeting the Planning Commission provided feedback on three topics: 1) rezonings to accommodate the City’s regional housing needs allocation (RHNA); 2) development standards that constrain housing production; and 3) affirmatively furthering fair housing. The staff report from the March 13, 2025 meeting is provided as Attachment 3.

As noted at the March 13, 2025 meeting, the City received a letter from Santa Cruz YIMBY dated March 11, 2025 commenting on the materials discussed at the meeting. As discussed below, City staff has considered these comments when preparing the proposed amendments.

On March 28, 2025 the City hosted a meeting with local developers to receive feedback on Housing Element Program H-3.2, which calls for the city to implement land use strategies for “missing middle” housing in Scotts Valley. City staff considered this feedback when preparing the proposed amendments to implement Program H-3.2.

PROPOSED AMENDMENTS
Attachment 1 contains a draft Planning Commission resolution recommending the City Council adopt the proposed amendments to the Zoning Code, Subdivision Ordinance, General Plan Land Use Element, and SB 9 Standards. Exhibits in Attachment 1 contain the proposed amendments, which address the following topics:
x Rezoning for RHNA
x Residential Development Constraints
x Large Lot Development
x Lot Consolidation
x Affirmatively Furthering Fair Housing
x Condominium Conversions
x SB 9 Ordinance Amendments
In Attachment 1, proposed General Plan Amendments are in Exhibit A, proposed Zoning Code and Subdivision Ordinance amendments are in Exhibit B, and proposed amendments to SB 9 standards are in Exhibit C.

Rezoning for RHNA
As discussed in the March 13, 2025 staff report (Attachment 3), Scotts Valley must provide adequate sites to accommodate the City’s regional housing needs allocation (RHNA) for the 2023-2031 Housing Element planning period. To provide these sites, Housing Element Program H-1.1 calls for the City to rezone 35 properties to allow a density of up to 40 dwelling units per acre. Development standards on these sites (e.g., building height, lot coverage, setbacks) must allow for this density. As shown in Figures 1 and 2 in the March 13, 2025 staff report, these sites are primarily located on Scotts Valley Drive and Mount Hermon Road.

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To implement Housing Element Program H-1.1, the proposed Zoning Code Amendments include the following changes to Chapter 17.41 (Housing Element Opportunity Site Combining District):
x Permitted Uses: Allows multifamily dwellings as a permitted use in the HE combining district. On mixed-use rezone sites, residential uses must occupy less than 70 percent of the total gross square feet on the property. On all other sites, residential-only development (no commercial uses on site) is allowed.
x Development Standards: Up to 40 dwelling units per acre and 60 percent building coverage is allowed on rezone sites. Building heights greater than 35 feet permitted for pitched roofs and vertical mixed-use buildings.
x Deviations: Deviation from development standards is allowed if necessary to accommodate permitted density on the site.

The proposed amendments exclude from the HE combining districts two rezoning sites identified in the Housing Element - 257 Glenwood Drive (San Agustin church) and 90 Lockhart Gulch Road (self-storage facility). The city will consider the rezoning of these properties as part of a separate process later this year.

These proposed Zoning Code Amendments also require an amendment to the General Plan Land Use Element. As shown in Exhibit A of Attachment 1, the proposed Land Use Element Amendment adds notes to Table LU-2 stating that on candidate sites identified in the Sixth Cycle Housing Element, the residential density, commercial building coverage, and potential land uses are as permitted in the Housing Element. The notes also state that 1) a maximum 70 percent residential floor area is permitted on mixed use rezone sites; and 2) there is no limit on the percent of residential floor area on residential rezone sites.

At the March 13, 2025 Planning Commission meeting Santa Cruz YIMBY commented that requiring at least 30 percent commercial uses on mixed use rezone sites is too high and should be reduced or eliminated. Staff recommends maintaining this standard as it is consistent with the certified Housing Element and City goals to maintain commercial uses on Scotts Valley Drive and Mount Hermon Road. The proposed new standard reduces the existing commercial use requirement on these sites from 50 to 30 percent. Analysis of development standards in the Housing Element concluded that the 30 percent commercial requirement on mixed use rezone sites is not a constraint to housing production on these sites. In addition, proposed lot consolidation incentives (discussed below) would allow residential-only development on the mixed-use rezone sites for qualifying 100 percent affordable development projects.

Citywide Residential Development Constraints
Housing Element Program H-1.6 calls for the City to modify residential development standards if needed to reduce constraints to housing production. As discussed in the March 13, 2025 staff report, the proposed Zoning Code Amendments include the following amendments to implement Program H-1.6:
x Building Coverage: The maximum building coverage in the C-S and C-SC zoning districts is increased to 50 percent outside of the HE combining district and 60 percent in the HE combining district.

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x Parking: Required off-street parking spaces for multifamily developments is reduced to 1 space for studios and one-bedroom units, 1.5 spaces for two-bedroom units, and 2 spaces for units with three or more bedrooms.

The proposed building coverage changes are found in Sections 17.20.040 and 17.22.040 and the parking changes are found in Section 17.44.030.F in Exhibit B of Attachment 1.

The proposed Zoning Code Amendments do not include changes to required off-street parking spaces for single-family dwellings (3 per unit). The certified Housing Element found that this standard does not constrain housing production.

Large Lot Development
Housing Element Program H-2.6 states that the City shall adopt a program to facilitate the development of lots larger than ten acres, particularly for the development of affordable housing units. Two sites in the Housing Element sites inventory are larger than 10 acres: 90 Lockhart Gulch Rd (12 acres with existing mini-warehouse facility) and 216 Mount Hermon Road (13.6 acres containing Kings Village shopping center).

The proposed Zoning Code Amendments contain a new section (17.40.060) with incentives for 100 percent affordable residential development on sites greater than 10 acres in the HE combining district. These incentives include deviation from development and subdivision standards, City financial support as available, priority application processing, and City technical assistance.

Lot Consolidation
Program H-2.8 calls for the City to facilitate development on small sites by establishing incentives to consolidate parcels less than one-half acre in size. The Housing Element sites inventory contains 17 parcels less than one-half acres, with eleven parcels on Scotts Valley Drive and three parcels on Mount Hermon Road.

To implement Program H-2.8, the proposed Zoning Code Amendments add new lot consolidation incentives for qualifying residential projects in the HE combining district. To qualify for incentives, a proposed project must meet all of the following criteria:
x The project merges one or more parcels less than one-half acre in size with an adjacent parcel.
x All proposed units are deed restricted affordable (100% affordable). x The proposed project meets the minimum density standard of 20 units per acre. x For mixed-use projects, residential uses occupy at least 85 percent of the project’s gross floor area.

A proposed project that meets these criteria would be eligible for the following incentives:
x A three percent increase in maximum allowed density.
x A 10 percent reduction in required on-site residential parking. x For projects on a Mixed Use Rezone site, waived maximum residential floor area requirement.
x Priority application processing and placement on public meeting agendas.

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Affirmatively Furthering Fair Housing
As discussed by the Planning Commission on March 13, 2025, the following proposed Zoning Code Amendments implement Housing Element Program H-3.2 to affirmatively further fair housing:
x Missing middle conversions: An existing single-family dwelling in racially concentrated areas of affluence (RCAA) may be converted into a duplex or triplex. x SB 9 triplexes: An existing single-family home in RCAA zoned R-1 may be converted into an SB 9 triplex, with additional floor area permitted, if one or more new units on the site are deed restricted affordable.
x Permits for condominiums and townhomes: Townhouses and condominiums in RCAA zoned R-1 zone are a permitted use (no conditional use permit required).

The March 13, 2025 staff report provides background information on SB 9, which is the state law that requires cities to allow two primary dwelling units on a single parcel in single-family residential zones.

The proposed amendments contain a new section (17.44.190) with provisions that apply in RCAA. New SB 9 triplex provisions are in Section 17.55.080. These proposed amendments are described in greater detail in the March 13, 2025 Planning Commission staff report (Attachment 3).

Missing Middle Conversion Standards
As noted above, City staff discussed the proposed missing middle conversion standards with a group of local developers on March 28, 2025. Developers noted that requiring two spaces per dwelling for some types of conversions, as originally proposed, may be excessive and discourage conversion projects. Santa Cruz YIMBY also recommended reducing required parking for missing middle conversions. In response to this feedback, staff revised the missing middle parking standards to require one space for studio and one-bedroom units, and two-spaces for units with two or more bedrooms.

The proposed missing middle conversion standards require a minimum 5,000 square feet of lot area per unit. Under this standard, the minimum lot area is 10,000 square feet for a duplex conversion and 15,000 square feet for a triplex conversion. The purpose of this standard is to allow for conversion projects on lots of sufficient size to accommodate additional units and on-site parking while maintaining the existing character of single-family neighborhoods.

Local developers and Santa Cruz YIMBY both suggested that the City reconsider this standard to allow for missing middle conversions on smaller lots. Local developers suggested allowing triplexes on lots less than 15,000 square feet. Santa Cruz YIMBY suggested removing the minimum lot size standards entirely. The Planning Commission may wish to consider these suggestions when reviewing the proposed Zoning Code Amendments.

The Planning Commission should note that the missing middle conversions (and SB 9 triplex) provisions are one of many pathways available to a homeowner to add units to a singlefamily lot. State ADU law allows up to three ADUs on a lot with a single-family home. SB 9 allows for up to four units on a lot (two primary dwellings, a detached ADU, and a junior ADU). The proposed missing middle conversion and SB 9 triplex provisions go beyond state

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requirements by allowing a third primary dwelling on a lot. In addition, missing middle conversions are not subject to a maximum unit size standard which apply to ADU and SB 9 development.

Condominium Conversions
A condominium conversion is the process to convert existing multifamily rental housing into residential condominium units. Scotts Valley has an existing condominium conversion ordinance (Section 17.44.060) with permit requirements and standards for condominium conversions.

Housing Element Program H-3.12 calls for amendments to the existing condominium conversion ordinance to preserve rental housing stock in Scotts Valley. As required by Program H-3.12, the proposed Zoning Code amendments include the following changes to the existing condominium conversion ordinance:
x Annual Limit: Limits conversions to five percent of the total housing stock per year. x Rent Freeze: Freezes rents for one year after notification of intent to convert, with limited increases the next year if the subdivision process is not yet completed. x Right to Purchase: Provides tenants with right of first refusal to purchase the unit. x Relocation Assistance: Requires subdivider to prepare a tenant relocation and assistance plan consistent with state and federal law and to provide tenants with a moving allowance of two times the monthly rent.

SB 9 Ordinance Amendments
In 2024, Scotts Valley adopted amendments to Municipal Code Titles 16 (Subdivision) and 17 (Zoning) to implement SB 9. Chapter 16.78 contains SB 9 urban lot split provisions and Chapter 17.55 contain provisions for SB 9 unit development.

In 2025, SB 450 went into effect, which amended state law for SB 9 development and urban lot splits. SB 450 prohibits local jurisdictions from imposing standards on SB 9 development that do not apply uniformly to development in the underlying zone unless these standards are more permissive than the generally applicable standards. SB 450 also limits urban lot split standards to the design or improvement of parcels and establishes new SB 9 application review and approval requirements.

To comply with SB 450, the proposed amendments include the following changes to Subdivision Ordinance Chapter 16.78 and Zoning Code Chapter 17.55:
x Application Processing: Adds requirement for the City to act on SB 9 development and urban lot split applications within 60 days with written comments explaining a denied application.
x Unit Development Standards: Removes standards for one-unit development that do not apply to all development in single-family zones, including standards for parking buffers, driveways, garage frontages, building massing, building articulation, and other building and site design features. SB 9 development that creates two or more primary dwellings must comply with the Multi-Unit Residential Design Standards, as currently required.

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x Urban Lot Split Standards: Removes standards not related to the design or improvement of parcels, including standards for parking buffers and compliance with the multi-unit residential design standards.
x Public Health and Safety Standards: Limits standards certain standards to urban lots splits only to mirror existing standards that apply generally to residential subdivisions.

SB 9 Public Health and Safety Standards were adopted by City Council resolution and are not contained within the Municipal Code. Proposed changes to these standards are provided in Attachment 1 Exhibit C.

As noted above, local jurisdictions may not impose standards on SB 9 development that do not also apply to single-family homes in the zoning district. An alternative to the proposed amendments is to establish new design standards that apply to all development in singlefamily zones, including new single-family homes and SB 9 units. This would require significant time and effort and would need to be completed separate from the proposed amendments.

Proposed General Plan Amendment
Given the requirements of SB 450, City staff also recommends adding the following new policy to the General Plan Mobility Element:
“Policy M-3.21: Highway 17 Access Hazards. Any development that would create one or more new dwelling units is not permitted where vehicle access to the site is provided solely from Highway 17 at the following locations as identified in the Highway 17 Access Management Plan (California Department of Transportation, 2016):
a. Driveway at PM 6.712 (Map ID #24)
b. Crescent Drive (Map ID #25)
c. Driveway at PM 6.485 (Map ID #26)
d. Sawyer Circle (PM: 6.787)”
This new policy would enable the City to prohibit all new unit development, including SB 9 units and ADUs, in identified high traffic hazard areas. This policy is necessary to protect public safety given the hazardous traffic conditions caused by driveways located off Highway 17 as described in Highway 17 Access Management Plan. This policy is also necessary to ensure adequate and safe access and evacuation in case of an emergency in locations prone to wildfire and geologic hazards.

CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA)
To comply with the California Environmental Quality Act (CEQA), an Addendum to the General Plan Update EIR was prepared for the proposed amendments to implement the Housing Element. Under CEQA, the City may prepare an EIR Addendum if the proposed

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amendments would not create new or substantially more severe environmental impacts than analyzed in the General Plan Update EIR. Attachment 2 provides the Draft EIR Addendum for the proposed amendments, which concludes that the amendments would not result in any significant impacts not considered under the General Plan Update EIR, and that the City does not need to prepare a Subsequent EIR for the amendments.

PUBLIC NOTICE & COMMENT
On April 25, 2025, public hearing notices were posted at City Hall, the Scotts Valley Branch Library, and the Scotts Valley Senior Center, consistent with State law. As of the date of this staff report no comments have been received on the proposed Zoning Code Amendments.

ATTACHMENTS

1. Resolution No. 1804 recommending the City Council adopt amendments to Scotts Valley Municipal Code, the General Plan, and SB 9 Standards to implement 6th Cycle Housing Element programs.

Exhibit A: General Plan Land Use Element Amendments
Exhibit B: Zoning Code and Subdivision Ordinance Amendments Exhibit C: SB 9 Standards Amendments

2. Draft Addendum to the General Plan EIR for the Sixth Cycle Housing Element – 2025 Implementation Actions

3. March 13, 2025 Planning Commission Study Session Staff Report

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RESOLUTION NO.

RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SCOTTS

VALLEY RECOMMENDING THE CITY COUNCIL APPROVE GENERAL PLAN AMENDMENT NO. GPA25-001 AND MUNICIPAL CODE AMENDMENT NO. AZO25- 001 TO IMPLEMENT THE 2023-2031 HOUSING ELEMENT OF THE GENERAL PLAN WHEREAS, on December 20, 2023, the City Council adopted the 2023-2031 Housing Element of the General Plan (Housing Element);
WHEREAS, the Housing Element contains programs that call for the City to amend Municipal Code Title 17 (Zoning Code) to implement Housing Element goals and policies;
WHEREAS, the Planning Commission held a study session on March 13, 2025 to provide preliminary input on an approach to Zoning Code Amendments to implement the Housing Element;
WHEREAS, City staff used Planning Commission input to prepare amendments to the Scotts Valley Municipal Code Title 17 (Zoning), Title 16 (Subdivisions), SB 9 Standards, and General Plan (“Proposed Amendments”) to implement the Housing Element; WHEREAS, an Addendum to the General Plan Update Environmental Impact Report (SCH 2020070330) (EIR) was prepared for the Proposed Amendments in accordance with Section 15162 of the California Environmental Quality Act (CEQA) Guidelines. The EIR Addendum demonstrates that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred, and that the Proposed Amendments would not result in any significant impacts not considered under the original EIR;
WHEREAS, the proposed amendments and EIR Addendum were reviewed by the Planning Commission at regularly scheduled and noticed meeting on May 15, 2025.

NOW, THEREFORE, BE IT RESOLVED by Planning Commission as follows:

SECTION 1: The Planning Commission of the City of Scotts Valley hereby recommends approval of the General Plan Amendment pursuant to the following:

A. The General Plan Amendment is consistent with State Law. The General Plan Housing Element was certified by the California Department of Housing and Community Development (HCD) to be in compliance with state Housing Element law. The proposed amendments to the General Plan Land Use Element are necessary for consistency with the certified Housing Element and the Proposed Amendments that implement the Housing Element.

SECTION 2: The Planning Commission of the City of Scotts Valley hereby recommends approval of the Zoning Code Amendment pursuant to the following

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A. The Zoning Code Amendment is Consistent with the General Plan. The Zoning Code Amendments are adopted for the specific purpose of implementing programs in the Housing Element and bringing the City’s Zoning Code into conformance with the General Plan. The City has committed in the Housing Element to complete these Zoning Code Amendments by the end of 2025.

SECTION 3: The Planning Commission has reviewed and considered the Addendum to the General Plan Update EIR for the Proposed Amendments and finds that none of the conditions requiring preparation of a subsequent EIR or negative declaration have occurred and that the Proposed Amendments would not result in any significant impacts not considered under the original EIR. No supplemental or subsequent EIR is required because none of the circumstances requiring a supplemental or subsequent EIR exist (CEQA Guidelines Section 15162):

(a) No substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects.

The proposed amendments do not create any additional environmental impacts. (b) No substantial changes have occurred with respect to the circumstances under which the project is undertaken. No substantial evidence has been submitted showing any change in the circumstances applicable to the project. (c) No new information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete, has been submitted to the City.

SECTION 4: The Planning Commission of the City of Scotts Valley hereby recommends the City Council approve General Plan Amendment GPA25-001 set forth in Exhibit A attached hereto and incorporated herein.

SECTION 5: The Planning Commission of the City of Scotts Valley hereby recommends the City Council approve Municipal Code Amendment AZO25-001 set forth in Exhibit B attached hereto and incorporated herein.

SECTION 6: The Planning Commission of the City of Scotts Valley hereby recommends the City Council approve amendments to the SB 9 standards set forth in Exhibit C attached hereto and incorporated herein.

THE ABOVE AND FOREGOING RESOLUTION was duly and regularly adopted and passed by the Planning Commission of the City of Scotts Valley at a regular meeting held on the 15th day of May, 2025, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

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___________________________________________
Lori Gentile, Chair
___________________________________________
Taylor Bateman, Community Development Director

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EXHIBIT A: Proposed General Plan Amendments

1. Proposed revisions to Table LU-2 beginning on page LU-14 in the Land Use Element of the ScoƩs Valley General Plan (revisions shown in underline strikethrough):

Table LU-2: General Plan Land Use DesignaƟons
General Plan
Land Use
DesignaƟon
Corresponding
Zoning
DesignaƟon
ResidenƟal Density/
Commercial Building
Coverage1, 3 DescripƟon PotenƟal Land Uses4
ResidenƟal
Mountain R-MT-5 1 du /
5 acres
Primarily for hillside areas of the city
where environmental constraints
require development at lower
densiƟes.
Single-family detached dwellings
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas
CompaƟble public, quasi- public, and special
uses
Rural R-R-2.5 1 du /

2.5 acres
To provide areas for large- lot
residenƟal living and minor agricultural
acƟviƟes. To preserve, to the greatest
extent feasible, the natural topography
while creaƟng a living environment
which best serves the needs of its
residents.
Single-family detached dwellings
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas
CompaƟble public, quasi- public, and special
uses
Estate R-1-40 1 du /acre To provide areas for single-family residenƟal development where lot sizes
and densiƟes are
designed to accommodate large areas
of open space for recreaƟonal acƟviƟes
compaƟble with a residenƟal
environment.
Single-family detached dwellings
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas
CompaƟble public, quasi- public, and special
uses
Low R-1-20 2 dus/acre To provide areas for households that desire rural/suburban living with a
range of housing opƟons and are
designed to accommodate areas of
Single-family detached dwellings
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas

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EXHIBIT A: Proposed General Plan Amendments
General Plan
Land Use
DesignaƟon
Corresponding
Zoning
DesignaƟon
ResidenƟal Density/
Commercial Building
Coverage1, 3 DescripƟon PotenƟal Land Uses4
open space for recreaƟonal acƟviƟes
compaƟble with a residenƟal
environment.
CompaƟble public, quasi- public, and special
uses
Medium R-1-10 2 - 5
dus/acre
To provide areas for households that
desire suburban living with a range of
housing opƟons, and to provide
opportuniƟes for limited neighborhood
support uses and ameniƟes.
Single-family detached dwellings
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas
CompaƟble public, quasi- public, and special
uses
Medium High R-M-6 and RM-8 5 - 9
dus/acre
To provide areas for households that
desire suburban living with a range of
housing opƟons, and to provide
opportuniƟes for neighborhood
support uses and ameniƟes.
Single-family aƩached and detached dwellings
Townhouses and condominiums
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas
CompaƟble public, quasi- public, and special
uses
High R-H 9 - 15
dus/acre
To provide areas for households that
desire urban living within a compact
and walkable neighborhood and
provide opportuniƟes for neighborhood
support uses and ameniƟes.
Single-family aƩached dwellings
Townhouses and condominiums
Apartments
Limited neighborhood- serving commercial
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas
CompaƟble public, quasi- public, and special
uses
Very High R-VH 15.1 - 20
dus/acre
To provide areas for households that
desire dense urban living within a
compact, walkable neighborhood that
is served by transit, and to provide
opportuniƟes for neighborhood
support uses and ameniƟes.
Townhouses and condominiums
Apartments
Neighborhood-serving commercial
Secondary dwelling units
Accessory structures
Public parks and recreaƟon areas

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EXHIBIT A: Proposed General Plan Amendments
General Plan
Land Use
DesignaƟon
Corresponding
Zoning
DesignaƟon
ResidenƟal Density/
Commercial Building
Coverage1, 3 DescripƟon PotenƟal Land Uses4
CompaƟble public, quasi- public, and special
uses
Commercial
Professional C-P 35% To provide areas for administraƟve, business and professional oĸces in
which merchandise is not
manufactured or sold.
Professional services and oĸce
CompaƟble public, quasi- public, and special
uses
Service C-S 45% To provide areas for convenient retail
and service establishments that serve
neighborhood and local populaƟons
and are served by transit and quality
bicycle and pedestrian-friendly
faciliƟes.
Retail, professional services, and oĸce
CompaƟble public, quasi- public, and special
uses
Very High residenƟal (mixed- use) is permiƩed
providing adjacent uses are compaƟble and the
residenƟal use is secondary to the retail use
(i.e., consists of no more than 49% of the total
gross square feet of the development).4
Shopping
Center
C-SC 35% To provide areas for urban centers with
retail and services, oĸce, and
mixed-use establishments that serve
local and regional populaƟons, and are
well served by transit and quality
bicycle and pedestrian-friendly
faciliƟes.
Retail, service, oĸce
Public gathering places such as plazas and
courtyards
CompaƟble public, quasi- public, and special
uses
Very High residenƟal (mixed- use) is permiƩed
providing adjacent uses are compaƟble and the
residenƟal use is secondary to the retail use
(i.e., consists of no more than 49% of the total
gross square feet of the development).4
Industrial

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EXHIBIT A: Proposed General Plan Amendments
General Plan
Land Use
DesignaƟon
Corresponding
Zoning
DesignaƟon
ResidenƟal Density/
Commercial Building
Coverage1, 3 DescripƟon PotenƟal Land Uses4
Light
Industrial
I-L 50% To provide areas for manufacturing,
product assembly, warehousing and
supporƟng uses and ameniƟes.
Industrial or manufacturing
Oĸce, retail and service uses that provide
support to employees
CompaƟble public, quasi- public, and special
uses This designaƟon should not be located
adjacent to a residenƟal or commercial use
without substanƟal buīers
Industrial R&D PD n/a To provide areas that involve acƟviƟes related to corporate or governmental
innovaƟon involved in scienƟĮc and
applied research, technology, and
product design and development.
CompaƟble public, quasi- public, and special
uses
Applies to the Enterprise Technology Center
Heavy
Industrial
n/a To provide areas that involve intensive
manufacturing, mining and quarrying of
minerals that due to their intensity of
use are less compaƟble with residenƟal
and commercial categories
Mining / quarry
Chemical manufacturing
Other
Public / QuasiPublic P n/a To provide public faciliƟes that are necessary or desired for public health,
safety, and welfare and quasi-public
faciliƟes that serve the broader
community.
Public and private educaƟonal faciliƟes
Emergency services
Health care faciliƟes
Religious faciliƟes
Governmental buildings
Cultural faciliƟes
Open Space /
ConservaƟon
OS n/a To provide areas for the conservaƟon
and sustainable use of the community's
natural or scenic resources.
Wetlands and open water
Plant and wildlife habitats
Timber producƟon zones
Floodplains
AcƟve and passive recreaƟon faciliƟes
Greenways and trails
Areas with permanent open space easements

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EXHIBIT A: Proposed General Plan Amendments
General Plan
Land Use
DesignaƟon
Corresponding
Zoning
DesignaƟon
ResidenƟal Density/
Commercial Building
Coverage1, 3 DescripƟon PotenƟal Land Uses4
Buīers between developed areas
Golf courses and commercial outdoor recreaƟon
faciliƟes Farmlands and grazing areas
CompaƟble public, quasi- public, and special
uses
Special
Treatment
Areas
PD n/a To provide overlay designaƟons for
areas where planned developments or
some form of special treatment is
required for allow future development.
Land uses are variable. See Special Treatment
Areas discussion, below.

Notes:
(1) ResidenƟal – maximum dwelling units/gross acre. Commercial – maximum building coverage. (2) n/a – Not applicable.
(3) On sites listed in Housing Element Table F-10: ScoƩs Valley 6th Cycle Candidate Sites, excluding APN 023-113-31 and 022-231-18 and properƟes within the Town Center SpeciĮc Plan area, the residenƟal density, commercial building coverage, and potenƟal land uses are as speciĮed in Zoning Code Chapter 17.41 (Housing Element Opportunity Site Combining District.
(4) In the Mixed Use Rezone sites listed in Housing Element Table F-10, residenƟal uses must consist of no more than 70 percent of the total gross square feet of the development. On ResidenƟal Rezone sites, there is no limit on the percent of development Ňoor area that may be residenƟal (i.e., residenƟal-only development is allowed).

2. Proposed new General Plan Mobility Element Policy:

Policy M-3.21: Highway 17 Access Hazards. Any development that would create one or more new dwelling units is not permiƩed where vehicle access to the site is provided solely from Highway 17 at the following locaƟons as idenƟĮed in the Highway 17 Access Management Plan (California Department of TransportaƟon, 2016):
a. Driveway at PM 6.712 (Map ID #24)
b. Crescent Drive (Map ID #25)
c. Driveway at PM 6.485 (Map ID #26)

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EXHIBIT A: Proposed General Plan Amendments
d. Sawyer Circle (PM: 6.787)

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EXHIBIT B:

SUBDIVISION ORDINANCE AND ZONING CODE AMENDMENTS
Note: The chapters and sections listed below contain proposed amendments, as provided in the following pages. All other Municipal Code sections remain unchanged.

Proposed Amendments to Title 16 (Subdivisions):
x Chapter 16.78: Urban Lot Splits
Proposed Amendments to Title 17 (Zoning):
x Chapter 17.04 Definitions
o 17.04.070 Definition of "D" terms.
o 17.04.230 Definition of "T" terms.
x Chapter 17.14 R-1 Single-Family Residential Zoning District Regulations o 17.14.020 Permitted uses.
o 17.14.030 Conditional uses.
x Chapter 17.20 C-S Service Commercial Zoning District Regulations o 17.20.040 Development standards.
x Chapter 17.22 C-SC Shopping Center Commercial Zoning District Regulations o 17.22.040 Development standards.
x Chapter 17.41 Housing Element Opportunity Site Combining District o 17.40.040 Permitted Uses
o 17.40.050 Development Standards
o 17.40.050 Lot Consolidation Incentives
x Chapter 17.44 General And Special Provisions
o 17.44.030 Off-street parking and loading requirements. o 17.44.060 Condominium conversions and condominiums.
o 17.44.190 Racially Concentrated Areas of Affluence
x Chapter 17.55 – SB 9 Residential Development
o 17.55.030 Permitting process.
o 17.55.050 Development standards.
o 17.55.060 Objective design standards.
o 17.55.080 SB 9 triplexes.

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Title 16: SUBDIVISIONS
Chapter 16.78 URBAN LOT SPLITS

16.78.010 Purpose and intent.

This chapter contains requirements for urban lot splits pursuant to Government Code Section 66411.7. These requirements are necessary to preserve public health, safety, and general welfare, and to promote orderly growth and development. In cases where a requirement in this chapter directly conflicts with Government Code Section 66411.7, the Government Code governs.

16.78.020 Definitions.

A. SB 9 Residential Development. A residential project on a parcel within a single- family residential zoning district proposed pursuant to Government Code Section 65852.21 and Municipal Code Chapter 17.55 (SB 9 Residential Development).

B. Urban Lot Split. The subdivision of an existing parcel into two parcels within a single- family residential zoning district proposed pursuant to Government Code Section 66411.7.

16.78.030 Permitting process.

A. Parcel Map Required. A parcel map is required for all urban lot splits pursuant to Government Code Section 66411.7.

B. Eligibility. The city shall accept a parcel map application for an urban lot split only if the application complies with all of the following requirements.

1. Zoning District. The existing parcel is located in the R-1 Single-Family Residential, R-R Residential-Rural, or R-MT Residential-Mountain zoning district.

2. Existing Parcel Size. The area of the existing parcel is two thousand four hundred square feet or more.

5. Historic Resources. The parcel is not located within a historic district or property included on the State Historic Resources Inventory, as defined in Section 5020.1 of the Public Resources Code.

D. Ministerial Approval. The city shall ministerially approve a parcel map for an urban lot split if the application complies with all requirements of this chapter. No public hearing or discretionary review is required.

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F. Time Period for City Action.

2. If the City does not approve or deny the completed application within 60 days, the application shall be deemed approved.

FG. Basis for Denial.

1. The city shall deny the urban lot split if either of the following is found:
a. The urban lot split fails to comply with any requirement in this chapter. Any such requirement that is the basis for denial shall be specified by the city in writing. b. The building official makes a written finding, based upon a preponderance of the evidence, that the proposed subdivision would have a specific, adverse impact, as defined and determined in paragraph (2) of subdivision (d) of Government Code Section 65589.5 of the Government Code, upon public health and safety or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

H. Comments for Denied Application.

2. Written comments required by Paragraph 1 above shall be provided to the applicant within the time period described in Subsection F (Time Period for City Action) of this section.

GI. Conditions of Approval.

3. Nonconforming Zoning Conditions. The city may not require the correction of nonconforming zoning conditions on the parcel a condition of parcel map approval.

16.78.040 General requirements.

A. Number of New Parcels. An urban lot split may create no more than two new parcels.

B. New Parcel Size. The area of each newly created parcel must be:

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1. At least one thousand two hundred square feet; and

2. No smaller than forty percent of the parcel area of the original parcel.

C. Lot Dimensions and Density. Minimum lot area, width, depth and density standards in the applicable zoning district do not apply to an urban lot split.

D. Maximum Number of Dwelling Units. No more than two dwelling units, including any accessory dwelling units or junior accessory dwelling units, are permitted on a parcel created by an urban lot split.

E. Access to Public Right-of-way. The newly created parcels shall provide access to the public right-of-way sufficient to allow development on the parcel to comply with all applicable property access requirements under the California Fire Code section 503 (Fire Apparatus Access Roads) and California Code Regulations Title 14, section 1273.00 et seq. (Intent).

F. Setbacks. An SB 9 residential development on a parcel created by an urban lot split shall comply with the following setback requirements:

1. Minimum Yards:
a. Front: As required in the applicable zoning district. b. Side: Four feet, except that no yard is required for a new side lot line shared between two parcels created through the urban lot split.
c. Rear: Four feet.

2. As provided in Section 17.55.050, an SB 9 residential development that complies with the minimum yard requirement for a single-family dwelling in the applicable zoning district is eligible for greater building height and unit size than is allowed for SB9 residential development that does not comply with the zoning district minimum yard requirement.

3. Notwithstanding Paragraph 1 above, no setback is required for an existing structure or a structure reconstructed in the same location and to the same dimensions as an existing structure.

G. Parking. An SB 9 residential development on a parcel created by an urban lot split shall comply with the following parking requirements:

1. Required Parking. A minimum of one off-street parking space shall be provided for each dwelling unit except as provided in Paragraph 2 below.

2. Exceptions to Required Parking. No off-street parking is required in the following cases:
a. The parcel is located within one-half mile walking distance of either a high- quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code. b. There is a car share vehicle located within one block of the parcel. A car share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization that meet all the following criteria:
(1) Provides hourly or daily service;
(2) Vehicle reservations are processed and paid for using an on-line system; (3) Vehicles can be accessed where they are parked without having to go to a different physical location to execute a contract and/or pick up the keys; and (4) Fleet has more than five cars in Scotts Valley and more than twenty cars in Santa Cruz County.

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5. Landscape Buffer.
a. Where a parking area with three or more spaces is located across a street or alley from or immediately adjacent to a residential district, a landscape strip not less than five feet in depth shall be planted and permanently maintained along the abutting property line of the parking area.
b. The landscape strip shall contain a row of landscaping with a minimum planting height of thirtysix inches. c. Landscaping shall comply with intersection and driveway vision clearance requirements in Zoning Code Section 17.46.110.E.

H. Residential Land Use. The primary use of an SB 9 development on a parcel created by an urban lot split must be residential.

I. Owner Occupancy Affidavit.

1. The applicant for an urban lot split must sign an affidavit stating that the applicant intends to occupy one of the housing units as their principal residence for a minimum of three years from the date of the approval of the urban lot split.

2. Owner-occupancy is not required if the owner is a community land trust or qualified nonprofit corporation under Sections 214.15 or 402.1 of the Revenue and Taxation Code.

J. Vacation Rentals Prohibited. An SB 9 residential development on a parcel created by an urban lot split may not be rented for a term of less than thirty-one days.

K. Public Health and Safety. An urban lot split shall comply with the City of Scotts Valley SB 9 Public Health and Safety and Environmental Resource Protection Standards, which are adopted by City Council resolution and may be amended from time to time.

L. Municipal Code Compliance.

1. An urban lot split shall comply with all applicable provisions of the Municipal Code unless otherwise specified in this chapter.

2. In case of conflict between this chapter and other provisions in the Municipal Code, this chapter governs.

3. The city shall not impose any objective Municipal Code standard that would physically preclude the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet. The community development director shall grant an exception to the applicable standard to the minimum extent necessary to comply with this section.

16.78.050 Objective standards.

A. Multi-Unit Residential Design Standards. Parcels created by an urban lot split shall comply with the MultiUnit Residential Design Standards, which are adopted by city council resolution and may be amended from time to time.

AB. Parcel Line Angles. New parcel lines that abut a street shall maintain right angles to streets or radial to the centerline of curved streets, or be parallel to existing parcel lines.

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BC. Street Frontage/Flag Lots.

1. For an urban lot split on a vacant lot that meets the zoning district minimum lot width, each newly created parcel shall have street frontage no less than forty percent of the street frontage of the original parcel. A flag/access easement area of a flag lot may not be used to satisfy this minimum street frontage requirement.

2. For an urban lot split on a vacant lot that does not meets the zoning district minimum lot width or on a lot with an existing home, the newly created parcels shall comply with one of the following:
a. Each newly created parcel has street frontage no less than forty percent of the street frontage of the original parcel; or
b. The urban lot split creates a flag lot consistent with existing objective flag lot standards in SVMC Section 17.46.060.F. City council approval of the flag lot is not required.

CD. Allowed Exceptions.

1. The city shall not impose any objective standards pursuant to this section that would physically preclude the construction of two units on either of the resulting parcels or that would result in a unit size of less than eight hundred square feet.

2. The community development director shall grant an exception to the applicable standard to the minimum extent necessary to comply with this section.

16.78.060 Deed restrictions.

A. Before obtaining a building permit for an SB 9 residential development on a parcel created by an urban lot split, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:

1. The parcel was created by an urban lot split and no further subdivision of the parcel is permitted.

2. The dwelling unit(s) on the parcel may not be rented for a term of less than thirty-one days.

B. The above declarations are binding upon any successor in ownership of the property. Lack of compliance shall be cause for code enforcement.

C. The deed restriction shall lapse upon removal of all dwelling units established on a parcel created under this chapter.

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Title 17: ZONING
Chapter 17.04 DEFINITIONS

17.04.070 Definition of "D" terms.
“Duplex” means a building that contains two dwelling units, each with its own exterior entrance. Each unit within a duplex provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation. "Dwelling" means any building or portion thereof, designed or used as the residence or sleeping place of one or more persons.
"Dwelling, multifamily" means a building, or portion thereof, designed or used for residential purposes by two or more families or housekeeping units. This term includes single-room occupancy facilities and group homes as defined by this chapter.
“Dwelling, primary” means a dwelling unit on a lot that is not an accessory dwelling unit or a junior accessory dwelling unit as defined by this chapter.
"Dwelling, single-family" means a detached building designed or used for residential purposes by one family or housekeeping unit. This term includes a single-family dwelling used as a group home as defined by this chapter. "Dwelling, townhouse" means a one-family dwelling in a row of at least two such units in which each unit has its own front and rear access to the outside, no unit is located over another unit, and each unit is separated from any other unit by one or more common, fire-resistant walls. "Dwelling unit" means one or more rooms in a building, or portion thereof, designed, intended to be used, or used for occupancy by one family for living and sleeping purposes and having only one kitchen.

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

Townhouse. See "Dwelling, townhouse"
"Transitional housing" means temporary rental housing intended for occupancy by target populations transitioning to permanent housing that is operated under program requirements calling for the termination of

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assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in Section 50675.2 of the California Health and Safety Code.
"Trellis" means a vertical structure or frame constructed of materials including but not limited to lattice work or other similar wood, metal or plastic embellishment used as a screen or as a support for climbing plants. See definition of Fence, open.
“Triplex” means a building that contains three dwelling units, each with its own exterior entrance. Each unit within a triplex provides complete, independent living facilities for one or more persons, including permanent provisions for living, sleeping, eating, cooking, and sanitation.

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

17.14.020 Permitted uses.

Permitted uses are as follows:

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

E. Small family child care homes;
F. Small community care facilities.

G. Transitional housing and supportive housing.

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

I. Townhouses and condominiums conforming to the density requirements of this chapter located in racially concentrated areas of affluence (RCAA). See Section 17.44.190 (Racially Concentrated Areas of Affluence).

17.14.030 Conditional uses.

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

A. Country clubs and golf courses;
B. Day care centers;
C. Foster homes where the total number of children, including those of the proprietary family, exceeds six;
D. Occupancy of existing dwelling while constructing a replacement dwelling on the same lot; E. Private stables, in accordance with Section 17.46.040 of this title; F. Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, parks and playgrounds, schools, and public utility buildings and uses; G. Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015;
H. Townhouses and condominiums conforming to the density requirements of this chapter located outside of racially concentrated areas of affluence (RCAA). See Section 17.44.190 (Racially Concentrated Areas of Affluence);
I. Tract offices and temporary construction trailers.

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Chapter 17.20 C-S SERVICE COMMERCIAL ZONING DISTRICT REGULATIONS

17.20.040 Development standards.

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

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

1. Front, twenty feet,

2. Rear, zero feet,

3. Side, zero feet,

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

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

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

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

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

2. The garage will be buffered from view by earthen mounds three feet in height and landscaping, including shrubs, will be installed. The landscaping plan has been prepared showing the buffer and landscaping;
H. Where a site adjoins any residential zoning district, a solid wall or a fence, vine-covered fence or compact evergreen hedge six feet in height shall be located on the property line except in a required front yard and permanently maintained. In addition, a minimum of five feet adjoining the property line shall be landscaped with plant material and permanently maintained when such landscaping is necessary to insure privacy or to screen views, as determined by the design review board; I. Not less than ten percent of the total site area shall be landscaped and permanently maintained; J. Not less than ten feet of a required yard adjoining a street shall be landscaped and permanently maintained;
K. Trash disposal: Each parcel shall provide adequate and accessible trash disposal areas. Such disposal areas shall be screened from public view by masonry or solid wood fencing of at least six feet in height;

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L. All business, services and processes shall be conducted entirely within a completely enclosed structure, except for off-street parking and loading areas, gasoline service stations, garden shops, Christmas tree sales, open-air markets, outdoor theatrical activities and the sale of nursery products; M. Hours of Operation. All commercial activity located on the same site as multiple-family dwellings shall be limited to the hours of operation between seven a.m. and nine p.m., Monday through Friday, and between nine a.m. and six p.m. on Saturdays and Sundays; N. Outdoor seating at restaurants will be allowed by permit issued by the planning department under the following conditions:

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

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

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

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

O. Outdoor Storage:

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

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

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

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

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

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Chapter 17.22 C-SC SHOPPING CENTER COMMERCIAL ZONING DISTRICT

REGULATIONS

17.22.040 Development standards.

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

1. Front: Twenty feet.

2. Rear: Zero feet.

3. Side: Zero feet.

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

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

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

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

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

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

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

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Chapter 17.41 HOUSING ELEMENT OPPORTUNITY SITE COMBINING DISTRICT

17.41.010 Purpose
The purpose of the housing element opportunity site (HE) combining district is to facilitate affordable housing production on opportunity sites identified in the General Plan 6th cycle Housing Element.

17.41.020 Applicability.

The HE combining district applies to the following parcels, where located outside of the Town Center Specific Plan area:

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

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

C. Residential and Mixed UseMixed-Use Rezone sites as listed in General Plan 6th cycle Housing Element Table F10 and shown in Figure F-1, except for APN 023-113-31 and 022-231-18.

A. 1. The proposed project shall be reviewed by the City through a by-right approval process. As used in this section, by-right approval means that project conformance with objective standards is the sole basis to approve or deny the application. The review authority may not consider project conformance with subjective policies or requirements when acting on the application.

B. 2. The proposed project requires ministerial design review as provided in Section 17.50.045 (Ministerial Design Review).

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

17.41.040 Permitted Uses
A. Residential Uses. Multifamily dwellings are a permitted use in the HE combining district, subject to the following:
1 In the Mixed Use Rezone sites listed in General Plan 6th cycle Housing Element Table F-10, Residential uses must occupy less than 70 percent of the total gross square feet on the property.

2. On Residential Rezone sites, residential-only development (no commercial on site) is allowedpermitted.

B. Other Uses. All other permitted, conditionally permitted, and prohibited uses in the HE combining district are as specified by the base zoning.

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

The City shall allow at least 16 dwelling units on each development site in the HE combining district, regardless of lot size. Standards. Table 17.41-1 shows development standards in the HE combining district. For standards not listed in Table 17.41-1, the standards of the base zoning apply. Where thea standard in Table 17.41-1 conflicts with the base zoning, Table 17.41-1 governs. As used in this section, “base zoning” includes requirements in any applicable specific plan.

Vertical mixed use: 40 ft. [4] As specified by base zoning Roof Height Additional 6 ft. above max. top plate
height for roof with min. 5:12 pitch As specified by base zoning Notes:
[1] A “rezone site” means a Residential or Mixed Use Rezone site listed in General Plan 6th cycle Housing Element Table F-10. “All other sites” means a site in the HE combining district that is not a rezone site, except for APN 023-113-31 and 022-231-18. [2] Applies only to projects that create one or more new dwelling units. [3] The City shall allow at least 16 dwelling units on each development site regardless of lot size. [4] Plate height greater than 35 ft. for vertical mixed use development is permitted only if floor to ceiling height of ground floor commercial space is 12 feet or greater.

B. Deviations

2. The applicant must submit reasonable documentation that the existing standard physically precludes the construction of the housing development at its proposed density.

3. The deviation from the standard may be no greater than the minimum needed to achieve the proposed density.

4. For projects reviewed by the City through a by-right approval process, the Ccommunity Ddevelopment Ddirector may defer final decision on a requested deviation to the Planning Commission.

17.41.050 Lot Consolidation Incentives
A. Eligibility. The City shall grant lot consolidation incentives for development projects in the HE combining district that meet all of the following criteria:

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1. The proposed project merges one or more parcels less than one-half acre in size with an adjacent parcel.

2. All proposed units are deed restricted affordable for new fewer than 55 years. a. Rental units shall be made affordable to households earning no more than 80% of the County's Area Median Income (AMI)o less than 55 years.
a. Rental units shall be made affordable to households earning no more than 80% of the County's Area Median Income.
b. Ownership units shall be made affordable to households earning no more than 120% of AMI;

3. The proposed project complies with the minimum density standard in Table 17.41-1 (HE Combining District Standards) or any applicable specific plan as applied to the newly created parcel.

4. For mixed-use projects, residential uses occupy at least 85 percent of the project’s gross floor area.

B. Incentives. A proposed project that meets the eligibility criteria in Subsection A above is entitled to one or more of the following incentives:

1. Deviation from applicable physical development and subdivision standards as necessary to allow the proposed 100 percent affordable development project.
a. Deviation from subdivision standards may not conflict with any applicable requirement in the California Subdivision Map Act.
b. The applicant must submit reasonable documentation that the existing standard precludes development of the proposed affordable housing project. The deviation from the standard may be no greater than the minimum needed to allow for the proposed project.

2. City funding and financial resources as available, including reduced or waived City fees.

3. Priority application processing and placement on public meeting agendas.

4. City technical assistance to assist with site planning, grant funding, project financing, and subdivision approvals.

17.41.0860 Sunset
This section shall remain in effect only until December 15, 2031, and as of that date is repealed.

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Chapter 17.44 GENERAL AND SPECIAL PROVISIONS

17.44.030 Off-street parking and loading requirements.

F. Schedule of Off-Street Parking Space Requirements.

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

Multi-family dwellings Studio and 1 bedroom: 1 space
2 bedroom: 1.5 spaces
3+ bedroom: 2 spacesTwo parking spaces for each
dwelling unit; plus one additional parking space for
every five units, or fraction thereof.

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

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

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

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

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

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

Restaurants, bars, soda fountains, cocktail lounges,
cafes, night clubs, cafeterias and similar
establishments serving food
One space for each sixty square feet of floor area for
public accommodation plus one space for each two
hundred fifty square of non public accommodation
floor area
Research and development, including computer
assembly, circuit board assembly and related activities One space for each two hundred fifty square feet of
gross floor area to be provided with initial
construction. An additional number of spaces shall be
provided so that the total number of spaces is equal to one space per each one hundred square of gross floor
area. The additional parking will be parking at a later when needed.

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

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

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

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

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

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

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

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

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

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

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

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

17.44.060 Condominium conversions and condominiums.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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Scotts Valley City CouncilJune 4, 2025

Scotts Valley City Council
June 4, 2025