Title 17 — ZONING

Chapter 17.02 - TITLE, PURPOSE AND SCOPE

The ordinance codified in this title shall be known and may be cited as the "Zoning Title of the City of Scotts Valley."

(Ord. 16.76 § 1 (part), 1989)

17.02.020 - Adoption of zoning regulations and zoning map.

A.

This chapter establishes comprehensive zoning regulations for the city, which regulations shall consist of the following:

1.

Regulations, known as zoning regulations, governing the use of land and the placement of buildings and improvements within the various classes of districts; and

2.

A map, or set of maps, known as the zoning map, establishing and delineating various classes of districts within the city.

B.

The zoning regulations and zoning map shall govern the use of land, including the construction, alteration, movement, replacement or maintenance of buildings; the conduct and density of residential, commercial, industrial and public service activities; the areas and dimensions of sites; the appearance, design, height, bulk and placement of structures on each site; the provision of open space, amenities, off-street parking and loading; the relationships between buildings and uses on adjoining sites or within adjoining classes of districts; and such further aspects of land use and development as are appropriate to attain the purposes of this chapter.

(Ord. 16.76 § 1 (part), 1989)

There is adopted, as provided herein, a zoning ordinance for the City of Scotts Valley, California, said ordinance being a precise, detailed plan for the use of land in the city based upon the goals and policies in the General Plan and enacted in order to promote the public health, safety, convenience and general welfare throughout the city and to achieve the following objectives:

A.

To encourage the most appropriate use of land and the harmonious relationship among land uses;

B.

To promote a safe and efficient traffic circulation system;

C.

To provide adequate open space;

D.

To prevent the overcrowding of land and the undue concentration of population, and to help ensure safety from fire and other dangers;

E.

To facilitate the approval of and encourage the adequate provision of needed community facilities;

F.

To conserve and stabilize the value of property; and

G.

To conserve the city's natural beauty, to improve its appearance and to preserve and enhance its distinctive physical character.

(Ord. 16.76 § 1 (part), 1989)

This title has been prepared in accordance with the following principles:

A.

The title is based on the goals and policies in the Scotts Valley General Plan regarding the general pattern of future land uses, population densities and other principles for future land development.

B.

The city recognizes that all land uses should be protected from other uses which are unrelated or incompatible. Each zoning district is exclusive with respect to every other zoning district. Industrial districts are protected from encroachment by residential uses.

C.

The importance to the public welfare of order and beauty in the appearance of Scotts Valley, implemented through provisions for the review of site plans and the design of structures, is further acknowledged. Such provisions are intended to provide the minimum regulation necessary to encourage attractive and orderly design.

D.

Industrial and commercial uses are subject to performance standards to control potential nuisances and protect other land uses in the vicinity of said uses.

(Ord. 16.76 § 1 (part), 1989)

No person, firm or corporation shall erect, construct or occupy any building or structure, or carry on or engage in any occupation or use, within the corporate limits of the city except as permitted by the regulations adopted in this title. Any use or occupation of land or of any building or structure existing at the time of the effective date of the ordinance codified in this title which is not permitted by the provisions hereof but which did exist therein as a lawful nonconforming use, may continue under the provisions of this title as a nonconforming use.

(Ord. 16.76 § 1 (part), 1989)

17.02.060 - Uses unlawful under prior regulations.

Any use or occupation of land or of any building or structure existing at the time of the effective date of the ordinance codified in this title which was not a use legally existing under the provisions of the ordinances and resolutions in effect immediately prior thereto shall not by this title be perpetuated, and shall not be continued under the terms of this title as a lawful nonconforming use.

(Ord. 16.76 § 1 (part), 1989)

The city's interpretation and application of the provisions of the ordinance codified in this title shall be held to be minimum requirements for the promotion of the public health, safety, convenience, and general welfare. Where this title imposes a greater restriction than other rules, regulations or ordinances, the provisions of this title shall control. It is not intended by this title to abrogate, annul, impair or interfere with any deed restriction, covenant, easement or other agreement between parties; provided, that where this title imposes a greater restriction on the use of land or structures or requires greater open space, this title shall control.

(Ord. 16.76 § 1 (part), 1989)

The form of application for change of zoning, use permits, variances or other permits as referenced in this title shall be as prescribed by the city council of the City of Scotts Valley. Any such forms in effect immediately prior to the effective date of the ordinance codified in this title which related to any applications covering the same subjects referenced in this title may continue to be used, except as may otherwise be specifically provided herein, until such time as the same may hereafter be modified, changed or superseded.

(Ord. 16.76 § 1 (part), 1989)

The city council shall, by resolution, establish a schedule of fees and costs for processing the various applications referenced in this title. No application shall be deemed filed or complete until all documents required in connection with such application have been submitted and all required fees and costs have been paid in full. Any such resolutions in effect immediately prior to the effective date of the ordinance codified in this title which established a schedule of fees and costs for processing any applications that are the same as those referenced in this title, shall continue to be effective for all purposes except as may herein or hereinafter be amended, modified, repealed or rescinded.

(Ord. 16.76 § 1 (part), 1989)

All appointments heretofore made to any commission, committee or board, under and pursuant to the provisions of the zoning ordinance in effect immediately prior to the effective date of the ordinance codified in this title, which commission, committee or board is provided for in the ordinance codified in this title, shall continue in full force and effect in all respects including, but not limited to the nature and length of the term of office or appointment, as though such appointments had been made under and pursuant to this title.

(Ord. 16.76 § 1 (part), 1989)

This title shall apply to all property within the city. Unincorporated territory within the planning area shall also be under the jurisdiction of this title once annexed.

(Ord. 16.76 § 1 (part), 1989)

No use which violates California state law and/or federal law shall be permitted in any zoning district in the City of Scotts Valley.

(Ord. No. 16-122, § 3, 5-3-2006)

Chapter 17.04 - DEFINITIONS

For the purpose of implementing the intent of this title, the words, phrases and terms included herein shall be deemed to have the meaning ascribed to them in this chapter. (Ord. 16.76 § 1 (part), 1989)

Words used in the present tense include the future, the singular number shall include the plural and the plural shall include the singular. The word "building" shall include the word "structure." The word "used" shall include the words "arranged," "designed," "constructed," "altered," "converted," "rented," "leased," or "intended to be used." The word "shall" is mandatory and not directory. (Ord. 16.76 § 1 (part), 1989)

For purposes of this title, certain terms used herein are defined as set out in this chapter, unless the context indicates otherwise. (Ord. 16.76 § 1 (part), 1989)

"Accessory dwelling unit" means a residential dwelling unit that provides complete independent living facilities for one or more persons and is located on a lot with a proposed or existing primary dwelling. An accessory dwelling unit shall include permanent provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-family or multifamily dwelling is or will be situated. An accessory dwelling unit includes an efficiency unit and a manufactured home, as defined in Section 18007 of the Health and Safety Code.

"Accessory dwelling unit, attached" means an accessory dwelling unit that is established as an addition to or extension of the primary residence.

"Accessory dwelling unit, converted" means an accessory dwelling unit that is fully contained within the existing space of the primary dwelling or an accessory structure.

"Accessory dwelling unit, detached" means an accessory dwelling unit in a new structure that is entirely separated from the primary dwelling. The term includes a second story accessory dwelling built above a detached garage.

"Agent or owner" means any person showing written verification that he or she is acting for the property owner.

"Agriculture" means the art or science of cultivating the ground, including harvesting of crops, rearing and management of livestock, tillage, husbandry, farming, horticulture and forestry, and the science and art of the production of plants and animals useful to man.

"Alley or lane" means a public or private street which affords only secondary access to abutting property.

"Amusement center or arcade" means any business, use or structure which contains six or more games of chance, pinball or science and/or viewing machines which may or may not be coin-operated, whether the operation be the main business or incidental to the main business on the premises.

"Animal" means any live, vertebrate creature, domestic or wild.

"Apiary" means a place where bees, hive boxes, and related appliances wherever the same are kept, located, or found, especially a colony of bees kept for their honey.

"Arbor" means a horizontal frame constructed materials including, but not limited to lattice, vines, or wood, metal or similar materials attached to vertical elements, such as a fence or upright panels, used as a screen or support for plants. See definition of Fence, Open.

"Automobile body shop" means collision repair services, including body, frame, or fender repair and automobile painting.

"Automobile repair shop" means rebuilding or reconditioning of engines, motor vehicles or trailers; replacement of parts; and general mechanical repair service to passenger cars and trucks.

"Automobile sales area or trailer sales area" means an open area, other than a street, used for display, sale or rental of new or used motor vehicles or trailers in operable condition and where no repair work is done.

"Automobile service station or filling station" means a place where gasoline, kerosene, or any other motor fuel, lubricating oil; or grease for operating motor vehicles is offered for sale to the public and deliveries are made directly into motor vehicles, and where services are performed, including tube and tire repair, battery charging, storage of merchandise, greasing of automobiles and automobile washing (not including mechanical wash), and not to include repairs performed of a minor or major type unless otherwise permitted by this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16-112 § 3, 2000; Ord. 16.123, §§ 1, 2, 9-5-2007; Ord. 16.130, § 1, 8-18-2010; Ord. No. 16.142, § 7, 12-4-2024)

17.04.050 - Definition of "B" terms.

"Basement" means that portion of a structure located entirely below grade, except for the top of such basement, which may extend for a vertical distance not exceeding two feet from the grade to the ceiling of the basement. As used herein, the term "grade" shall mean either the natural grade or the finished grade adjacent to the exterior walls of the structure, whichever is lower.

"Bed and breakfast establishment" means a structure designed as a single-family dwelling in which rooms are rented for transient occupancy and breakfast is served to the guests on the premises. The building shall not contain more than eight guest rooms which may be occupied by not more than sixteen guests at one time. The building must be managed and occupied by the owner of the property.

"Bedroom" means a private room intended for sleeping, which has closet space, is separable from other rooms by a door, and has access to a bathroom.

"Bee colony" is the group of bees which consists of the queen, the drones, and the workers, which live in the hive box or similar receptacle.

"Beekeeping" (or apiculture, from Latin apis, bee) is the maintenance of honey bee colonies, commonly in hives, by humans. A beekeeper (or apiarist) keeps bees in order to collect honey and beeswax, for the purpose of pollinating vegetation, or to produce bees for sale to other beekeepers.

"Bees" means honey-producing insects of the species aspis mellifica, including the adults, eggs, larvae, pupae or other immature states thereof, together with such materials as are deposited into hives by the adults, except honey and rendered beeswax. Bees are a monophyletic lineage within the superfamily Apoidea, presently classified by the unranked taxon name Anthophila.

"Breezeway" means a covered passageway, open to the outdoors, connecting two buildings.

"Building" means any structure having a roof supported by columns or walls, used or intended to be used for the shelter or enclosure of persons, animals or property.

"Building coverage" means the horizontal area measured within the outside of the exterior walls of the ground floor of all main and accessory buildings on a lot. The coverage of a structure, or portion thereof, not provided with surrounding exterior walls shall be the area under the horizontal projection of the roof or floor above.

"Building envelope" means the three-dimensional space within which a structure is permitted to be built on a lot and which is defined by maximum height regulations, yard setbacks, and sky exposure plane regulations.

Building, Height of. See "Height of building" (Section 17.04.110).

"Building, main" means a structure in which is conducted the primary use of the site on which it is situated.

"Building site" means the area enclosed within the exterior walls of the proposed structure plus any covered or uncovered decks and/or balconies and an area extending ten feet in all directions beyond the exterior walls and covered or uncovered decks and/or balconies.

"Bulk" means magnitude, dimension, size, mass.

"Business services" means businesses that primarily (but not exclusively) serve the needs of professional offices, including but not limited to print shops, copy shops, business equipment repair shops, bookkeeping and accounting firms, and computer consulting and repair.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.109 § 1, 1999; Ord. 16.130, § 2, 8-18-2010; Ord. No. 16.142, § 8, 12-42024)

17.04.060 - Definition of "C" terms.

"Carport" means a roofed structure providing space for the parking or storage of motor vehicles and enclosed on not more than three sides.

"CC&Rs" means covenants, conditions and restrictions.

"City" means the City of Scotts Valley, California.

"City council" means the City Council of the City of Scotts Valley, California.

"Clerestory window" means a window where the bottom of the glass is at least six feet above the finished floor height.

"Combining district" means a zoning district which must be attached to or combined with an underlying zoning district to become effective. Once the district designation is combined with an underlying district (the base district), the combining district regulations are applied to all uses of the base district, in addition to those applicable in the base district. When in conflict, the combining district regulations shall control.

"Common area" means the area that is available for the common use of condominium unit owners or occupants in an entire project. This could mean the common area used by condominium unit owners or occupants, or common area shared by tenants or owners in a commercial project.

"Community care facility" means any facility, place, or building, as defined in Health and Safety Code Section 1502, which is maintained and operated to provide nonmedical residential care, day treatment, adult daycare, or foster family agency services for children, adults, or adults and children, including, but not limited to, the physically handicapped, mentally impaired, incompetent person, and abused or neglected children. All community care facilities shall be appropriately licensed or registered pursuant to state law, unless exempted therefrom by state law. This definition and all other definitions relating to community care facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations. A community care facility does not include a group home as defined in this chapter.

acilities shall be appropriately licensed or registered pursuant to state law, unless exempted therefrom by state law. This definition and all other definitions relating to community care facilities shall be interpreted so as to be consistent with definitions found in state law or state administrative regulations. A community care facility does not include a group home as defined in this chapter.

A "small community care facility" is a community care facility of six or fewer residents. When determining the number of residents, that number does not include persons operating the facility, their family members or staff. A "large community care facility" has seven or more residents.

"Community facilities" means a place, structure, area or other facility used for and providing fraternal, social or recreational programs or activities generally open to the public. The term includes parks, swimming pools, recreational courts, community centers, libraries, museums and golf courses.

"Court" means an open, unoccupied and unobstructed space, other than a yard, on the same lot with a building or group of buildings. A court shall be counted as open space in coverage requirements.

"Crop and tree farming" means the raising for commercial purposes of any truck, field or orchard crops, or wholesale nursery or greenhouses, including necessary buildings incidental to such crops.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 3, 4, 9-5-2007; Ord. No. 16.142, § 9, 12-4-2024)

17.04.070 - Definition of "D" terms.

"Day care center" means a facility (including nonresidential structures) that provides supervision and care of more than six children for periods of less than twenty-four hours per day. The term includes nursery school, preschool and similar facilities.

"Depth" means the horizontal distance between the front and rear property lines of a site, measured along a line midway between the side property lines.

"Developer" means the owner, option holder or subdivider of real property who has a controlling proprietary interest in the proposed project.

"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.

Dwelling Unit, Second. See "Second dwelling unit" (Section 17.04.220).

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 10, 12-4-2024; Ord. No. 16.142.1, § 5, 6-18-2025) 17.04.080 - Definition of "E" terms.

"Emergency shelters" means housing with minimal supportive services that is limited to occupancy of six months or less. No individual or household may be denied emergency shelter because of an inability to pay; as defined and used in Section 50801(e) of the California Health and Safety Code. However, emergency shelter providers are not obligated to accept individuals if the shelter is at its approved capacity. An emergency shelter may also include other interim interventions, including, but not limited to, a navigation center, bridge housing, and respite or recuperative care.

"Essential services" means the erection, construction, alteration or maintenance by public utilities or municipal or other governmental agencies of underground or overhead gas, electrical, steam or water transmission or distribution systems. Essential services also include collection, communication, supply or disposal systems, including poles, wires, mains, drains, sewers, pipes, conduits, cables, fire alarm boxes, police call boxes, traffic signals, hydrants and other similar equipment and accessories in connection therewith, reasonably necessary for the furnishing of adequate service by such utilities or municipal or other governmental agencies, or for the public health, safety or general welfare, but not including buildings, electrical substations or transmission lines of fifty kilovolt or greater capacity.

(Ord. 16.89 § 1, 1993: Ord. 16.76 § 1 (part), 1989; Ord. No. 16-138, § 1, 7-15-2015; Ord. No. 16.142, § 11, 12-4-2024)

17.04.090 - Definition of "F" terms.

"Fabrication and assembly" means the manufacturing from standardized parts of a distinct object differing from the individual components.

"Family" means one or more persons, whether or not related by blood, marriage or adoption, living together in a single residential unit, with common access to, and common use of, all living areas and all areas and facilities for the preparation and storage of food.

"Family animal raising" means the noncommercial raising or maintaining of not to exceed an aggregate of twenty-five laying fowl or birds, not including guinea fowl, crowing roosters or turkey gobblers, and not to exceed an aggregate of twenty-five rabbits, chinchillas, hamsters, guinea pigs or similar animals.

"Family child care homes "means a home that regularly provides care, protection and supervision for fourteen or fewer children, in the provider's own home, for periods of less than twenty-four hours per day, while parents or guardians are away, and is either a large family child care home or a small family child care home. Family child care home is the same as described in state law as a family day care home. (See Section 1596.78 of the California Health and Safety Code.)

A.

"Large family child care home" means a home that provides family child care for up to twelve children, or for up to fourteen children if certain criteria are met, as set forth in California Health and Safety Code Section 1597.465 and as defined in state regulations (see California Administrative Code Sections 102352(f) (1)(B) and 102316.5(b). These capacities include children under age ten who live in the licensee's home and the assistant provider's children under age ten.

B.

"Small family child care home" means a home that provides family child care for up to six children, or for up to eight children if certain criteria are met, as set forth in California Health and Safety Code Section 1597.44 and as defined in regulations (see California Administrative Code Sections 102352(f)(1)(B) and 102316.5(b). These capacities include children under age ten who live in the licensee's home.

"Fence" means a barrier to prevent escape or intrusion or to mark a boundary.

"Fence, open" means a fence constructed of wood, metal, plastic or other materials assembled in a manner in which a minimum of fifty percent of the fence surface allows for the passage of air and light when viewed from a point perpendicular to the orientation of the fence. Open fences can include arbors and trellises. For example, wood or plastic lattice is considered to be material suitable for an open fence.

"Fence, solid" means a fence constructed of wood, metal, plastic, cement, brick, block, or other materials or any combination thereof. Solid fences also include walls which retain soil on one side and may or may not be attached to a fence.

"Fence, view" means a fence constructed of metal wire, wrought iron, plastic or other materials in a manner in which a minimum of ninety percent of the fence surface allows for a clear view of the area beyond the fence from any angle. For example, chain link, wrought iron or metal materials are considered to be materials suitable for a view fence which allows exiting pedestrians and vehicles to see beyond the fence and safely enter or exit an area.

"Firearms" means a device as defined by California Penal Code Section 16520.

"Firearms retail" means a use providing retail sale of firearms.

"Flag lot" means a parcel that is located behind parcel which has frontage along a street and which provides an access easement to the rear flag lot. The driveway access easement may be public or private but must have a minimum width of 12 feet along a public street (see Figure 17.46.060 in Section 17.46.060).

"Floor area" means the total horizontal area, in square feet, on each floor within the exterior walls of a structure, but not including the area of inner courts, shaft enclosures or exterior walls.

"Footcandle" means a unit of measuring illumination equal to the amount of direct light thrown by one candle on a square foot of surface which is one foot away from the source of illumination.

"Forest products, other" means logs, poles, posts, pilings, split products, chips, fuel wood and other solid products.

"Foster home" means a private family home in which one or more children under nineteen years of age, not related to the proprietary family, are resident on a more or less permanent basis, and in which the children participate in normal family relationships with the proprietary family.

"Frontage" means the property line(s) of a site abutting a street.

(Ord. 16.76 § 1 (part), 1989; Ord. 16-112 § 4, 2000; Ord. No. 16.120, § 1, 9-21-2005; Ord. 16.123, §§ 5, 6, 9-5-2007; Ord. No. 16.139, § 2, 12-20-2017; Ord. No. 16.142, § 12, 12-4-2024)

17.04.100 - Definition of "G" terms.

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

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

"Grading" means any stripping, cutting, filling or stockpiling of earth or land, including the land in its cut or filled condition.

"Ground coverage" means the percentage of the total lot area that is covered by structures as herein defined.

"Group home" means housing shared by unrelated persons with disabilities that provide peer and other support for their residents' disability related needs and in which residents share cooking, dining, and living areas, and may, in some group homes, participate in cooking, housekeeping, and other communal living activities.

"Guesthouse" means accessory living quarters, without kitchen or cooking facilities, of a permanent type of construction, clearly subordinate and incidental to the main building on the same lot, and not separately rented, let or leased, whether compensation be direct or indirect.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.109 § 2, 1999; Ord. No. 16.142, § 13, 12-4-2024)

17.04.110 - Definition of "H" terms.

"Height of building" means the vertical distance from the highest point of a structure to either the natural grade or the finished grade of the structure pad, whichever distance is greater, excluding basements or crawl spaces around the structure which are below grade and not created by a fill; provided, however, that for the purposes of measuring height, chimneys, flagpoles, and radio and television aerials shall not be considered a part of the structure.

"Hive" is the same definition as colony.

"Hive box" means any box, receptacle, or container made or prepared for the use of bees, or similar container of which bees have taken possession. A hive box is usually called a Langstroth deep or super, and is roughly 19.75 inches long, 16.5 inches wide, and 9.5 inches tall. It contains ten frames of foundation on which the bees build comb for producing brood and food. A hive box requires some kind of top board, some kind of bottom board, and an entrance which is usually incorporated in the bottom board.

"Home occupation" means any use conducted entirely within a dwelling and carried on by the inhabitants thereof which is clearly incidental and secondary to the use of the structure for dwelling purposes and which does not change the character thereof, which does not adversely affect the uses permitted in the zone of which it is a part, and which does not interfere with the health, safety and welfare of the neighborhood.

"Hospital" means an institution providing physical or mental health services, in-patient or overnight accommodations, and medical or surgical care of the sick or injured.

"Hotel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation. The term includes motel, inn, tourist court, bed and breakfast establishment or similar use.

Hot Tub. See "Spa" (Section 17.04.220).

(Ord. 16.76 § 1 (part), 1989; Ord. 16-112 § 5, 2000; Ord. 16.130, § 3, 8-18-2010)

17.04.120 - Definition of "I" terms.

"Institutional facility" means a place, structure or area operated by a public or private organization or agency, used for and providing educational, residential or healthcare services to the community at large. The term includes residential developments and healthcare facilities operated by nonprofit organizations and both public and private schools or colleges.

"Intermittent stream" means a water channel in which the flow of water usually ceases during summer and no flows connect pools of water.

(Ord. 16.76 § 1 (part), 1989)

"Junior accessory dwelling unit (JADU)" means a converted accessory dwelling unit that is no more than five hundred square feet in size and contained entirely within a single-family residence. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with the existing structure.

"Junkyard" means a site or portion of a site on which waste, discarded or salvaged materials are bought, sold, exchanged, stored, baled, cleaned, packed, disassembled or handled, including used furniture and household equipment yards, used lumber yards and the like.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 14, 12-4-2024)

17.04.140 - Definition of "K" terms.

"Kennel" means any lot, building, structure, enclosure or premises whereupon or wherein are kept five or more dogs, cats or similar small animals in any combination for more than five days, whether such keeping is for pleasure, profit breeding or exhibiting, and including places where dogs or cats or similar small animals in any combination are boarded or kept for sale.

"Kitchen" means any room, or part of a room, which is designed, built, used or intended to be used for food preparation and dishwashing, but not including a bar, pantry or similar room adjacent to or connected with a kitchen.

(Ord. 16.76 § 1 (part), 1989)

17.04.150 - Definition of "L" terms.

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

"Lot" means a parcel of land consisting of a single lot of record.

"Lot area" means the computed area contained within the lot lines.

"Lot, corner" means a lot abutting upon two or more streets at their intersection or upon two parts of the same street, such streets or parts of the same street forming an interior angle of less than one hundred thirty-five degrees. The point of intersection of the street right-of-way lines is the corner.

"Lot depth" means the horizontal distance between the front and the rear lot lines, measured along a line midway between the side property lines, or between the front lot line and intersection of the two side lines if there should be no rear lot line.

"Lot, interior" means a lot other than a corner lot.

"Lot, key" means an interior lot adjoining the rear lot line of a reversed corner lot.

"Lot line, front" means the line separating the lot from the street, extending the full width of the site.

"Lot line, rear" means the lot line opposite and most distant from the front lot line.

"Lot lines" means the property lines establishing the circumference of the lot.

"Lot line, side" means any lot line other than a front or rear lot line. A side lot line separating a lot from a street is called a side street or exterior side lot line.

"Lot, reversed corner" means a corner lot, the exterior side lot line of which is substantially a continuation of the front lot line of a lot or parcel of land which adjoins the rear lot line of said corner lot (see Figure 17.04.150).

"Lot width" means the horizontal distance between the side lot lines of a lot, measured at right angles to its depth along a straight line parallel to the front line at the minimum required building setback line.

Figure 17.04.150 Lot Types

==> picture [216 x 234] intentionally omitted <==

"Low barrier navigation center" means a housing first, low-barrier, service-enriched shelter focused on moving people into permanent housing that provides temporary living facilities while case managers connect individuals experiencing homelessness to income, public benefits, health services, shelter, and housing, as defined in Government Code Section 65660.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 15, 12-4-2024)

17.04.160 - Definition of "M" terms.

"Medical clinic" means a structure for health care, other than a hospital, with or without emergency room facilities but without beds for overnight treatment.

"Ministorage (Miniwarehouse)" means a structure containing separate storage spaces of varying sizes which are leased or rented on an individual basis with direct access to paved driveways.

"Mixed use" means a development that contains both commercial (retail or office) uses and residential uses.

"Motel" means a structure or portion thereof or a group of attached or detached structures containing individual guest rooms or suites where lodging is provided primarily to transients for compensation. The term includes motel, inn, tourist court, bed and breakfast establishment or similar use.

Multifamily dwelling. See "Dwelling, multifamily" (Section 17.04.070).

"Multi-unit residential development" means a development project that creates two or more dwelling units, including detached single-family dwellings, townhomes, multifamily dwellings, and mixed-use residential projects.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, § 7, 9-5-2007; Ord. No. 16.140, § 1, 11-15-2023)

17.04.170 - Definition of "N" terms.

"Net site area" is defined in the Hillside Residential Combining District Regulations (Chap. 17.40) to determine average slope. This term does not apply to other sections within the zoning ordinance.

"Nonconforming structure, lawful" means any structure or improvement that was lawfully established and in existence at the time the ordinance codified in this title, or any amendment thereto, became effective, but which, due to the application of this title or any amendment thereto, no longer complies with all of the applicable regulations and standards of the zoning district in which the use is located.

"Nonconforming use, lawful" means a use of a structure or land which was lawfully established and maintained prior to the adoption of the ordinance codified in this title but which, under this title, does not conform with the use regulations for the district in which it is located.

"Nursery" means a commercial use of land and/or greenhouses used to raise and sell trees, flowers, shrubs, plants and ancillary packaged horticultural products.

"Nursing home" means a structure used for the rooming or boarding of any aged or convalescent person or persons, whether ambulatory or nonambulatory, for which a license is required by a county, state or federal agency. The term "convalescent" is construed to include the mentally ill and the inebriate.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 8, 9, 9-5-2007)

17.04.180 - Definition of "O" terms.

"Objective standards" means standards that involve no personal or subjective judgement by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.

"Offices, administrative or executive" means offices pertaining to the management of office operations or the direction of enterprises, but not including merchandising or sales offices.

"Offices, professional" means offices pertaining to the practice of the professions and arts, including but not limited to architecture, dentistry, engineering, law and medicine, but not including the sale of drugs or prescriptions, except as incidental to the primary use and where there is no external evidence of such incidental use.

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

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

"On-site" means located on the lot(s) or parcel(s) that is (are) the subject of an application for development.

"Outdoor storage." Outdoor storage uses are prohibited in the C-S zone on Scotts Valley Drive and on all properties located on Scotts Valley Drive, no matter the zone. On all other properties zoned C-S, outdoor storage uses are conditional uses. Outdoor storage shall mean a space or place for storing items in the open air, not inside a completely enclosed building for a continuous period longer than twenty-four hours. A completely enclosed building is four or more walls with a roof but not a carport or porch. Items considered as outdoor storage shall include any of the following items, but not limited to, as determined by the community development director:

1.

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

2.

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

3.

Commercial vehicles;

4.

Contractor's storage yard;

5.

Inoperable vehicles;

6.

Junkyards, see existing definition in this Title;

7.

Machinery and equipment;

8.

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

9.

Recreational vehicles;

Trailers;

11.

Watercraft; and,

12.

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

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

This definition shall not apply to:

13.

Auto rental businesses;

Auto repair shops;

Christmas tree sales;

16.

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

17.

Garden shops;

Gasoline service stations;

19.

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

Occasional sidewalk sales;

21.

Off-street parking and loading areas;

Open-air markets;

Outdoor garden shops;

Outdoor theatrical activities;

Sale of nursery products; and,

Vehicle sales, in accordance with this Title.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16-133.3, § 1, 7-15-2015; Ord. No. 16.142, § 16, 12-4-2024) 17.04.190 - Definition of "P" terms.

"Parapet" means the extension of the main walls of a building above the roof level.

"Perennial stream" means a water channel in which water is present during all seasons of the year.

"Person" includes a natural person, joint venture, join stock company, partnership, association, club, company, corporation, business, trust, organization, or the manager, lessee, agent, servant, officer or employee of any of them.

"Personal service" means a use providing services of a personal convenience nature and not primarily for the sale of goods or merchandise, including repair shops, beauty shops and barber shops, repair and fitting of clothes and personal accessories, laundry and cleaning (where bulk cleaning and servicing is done elsewhere) and similar services.

"Planned unit development (PUD)" means a form of development usually characterized by a unified site design for a number of housing units, clustered buildings and the provision of common open space, density increases and a mix of building types and land uses.

"Planning director" means the Director of the Planning Department of the City of Scotts Valley or the designated representative. The term "planning director" and "community development director" are interchangeable and have the same meaning.

"Planning commission" means the Planning Commission of the City of Scotts Valley.

"Public uses" means publicly owned or operated facilities and spaces, including public streets, parking spaces, parks, public facilities and open spaces maintained or available for the public to use.

"Public utility service yard" means a site or portion of a site on which a public utility company may store, house and/or service equipment such as service trucks and other trucks and trailers, pumps, spools of wire, pipe conduits, transformers, cross arms, utility poles or any other material, tools or supplies necessary for the normal maintenance of utility facilities.

(Ord. 16.76 § 1 (part), 1989; Ord. 16-112 § 6, 2000; Ord. 16.123, § 10, 9-5-2007)

17.04.200 - Definition of "Q" terms.

"Quasi-public uses" means uses owned or operated by a nonprofit, religious or philanthropic institution and providing educational, cultural, recreational, religious or similar types of public programs.

(Ord. 16.76 § 1 (part), 1989)

17.04.210 - Definition of "R" terms.

"Recreation, commercial" means clubs or recreation facilities operated as a business which may or may not be open to the general public for a fee.

"Recreation, private" means clubs or recreation facilities of a noncommercial nature operated by a nonprofit organization and open only to bona fide members of such nonprofit organizations.

"Recreation, public" means publicly owned or operated clubs or recreation facilities.

"Research and development" means firms or businesses whose function includes information gathering, scholarly or scientific inquiry or investigation, medical research, high technology or the development of computer software.

"Rest home" means premises used for the housing of and caring for the ambulatory, aged or infirm, which premises require a license from the state or county (this includes a home for the aged).

"Restaurant" means any eating or drinking establishment having seating capacity which sells or offers for sale to the public any food or drink for immediate human consumption on the premises, including any coffeeshop, cafeteria, short-order cafe, luncheonette, tavern, bar, soda fountain, dining room, drive-in and/or drive-through facility.

"Retail service" means a use engaged in providing retail sale or rental of items primarily intended for consumer or household use, including but not limited to the following: groceries, meat, vegetables, dairy products, baked goods, candy and other food products; liquor and bottled goods; household cleaning and maintenance products; drugs; cards, stationery, notions, tobacco products, cosmetics and specialty items; flowers, plants and garden products; hobby materials; toys; handcrafted items; clothing, shoes, apparel, jewelry, fabrics and like items; cameras and photography equipment; household electronic equipment, computers, televisions, video and tape recorders and similar items; books, records and tapes; sporting equipment; furniture, furnishings, appliances, antiques, art objects, paint and wallpaper, floor coverings and

lighting fixtures; office supplies; musical instruments; hardware and building supplies; and bicycles, mopeds and automotive parts and accessories.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, § 11, 9-5-2007)

"Screening" shall mean a visual buffer consisting of wood, masonry, dense evergreen hedge, or other plant material, or a combination of these elements, or other material approved by the community development director, to reduce visual unsightliness of uses and/or items stored on the subject property.

"Second dwelling unit" means an additional dwelling unit which contains no greater than eight hundred square feet of living space, not including the garage, which shares a lot with a primary residence. The second unit is served by the same driveway access to the street as the existing main dwelling.

"Setback" means the distance between the existing or planned right-of-way line or property line and a building or any projection thereof, excluding uncovered steps.

"Single-room occupancy (SRO)" means a residential facility with single-room dwelling units where each dwelling unit is the primary residence of its occupants. An SRO unit may contain kitchen or bathroom facilities, but not both.

"Site" means any plot or parcel of land or combination of contiguous lots or parcels of land.

"Site area" means the total area (e.g., square feet, acres) included within the property lines of a site.

"Site coverage" means the percentage of site area covered by impervious surfaces, including all structures, open or enclosed or projections of structures.

"Spa" means a self-contained or non-self-contained hydro-massage pool or tub for recreation or therapeutic use, designed for immersion of users and usually having a filter, heater and motor-driven blower. It may be installed on the ground or on a supporting structure, or in the ground or in a supporting structure. A spa is intended for recreational bathing and contains water over twenty-four inches deep.

"Stable, private" means a detached building for the keeping of horses which are owned by the occupant(s) of the premises and not kept for remuneration, hire or sale.

"Stable, public" means a stable other than a private stable.

"Story" means that portion of a building included between the upper surface of any floor and the upper surface of the floor next above, except that the uppermost story shall be that portion of a building included between the upper surface of the uppermost floor and the ceiling or roof above.

"Street" means a public or private right-of-way which provides means of access to abutting property. The term "street" shall include avenue, drive, circle, road, parkway, boulevard, highway, thoroughfare or any other similar term (but not alley or lane, which terms are defined in Section 17.04.040).

"Structural alteration" means any change in the structural members of a building, such as walls, columns, beams or girders.

"Structure" means an object directly or indirectly fixed or attached to the ground which is built or constructed by man. A structure includes, but is not limited to, buildings, edifices, bridges, signs, fences, foundations, kiosks, arches, fountains, walls and building appendages such as marquees, awnings, canopies, decks, and lighting fixtures.

"Structure, accessory" means a detached structure, the use of which is subordinate and incidental to and customarily associated with, the primary structure or the primary use of the site and which is located on the same site as the primary structure or primary use. The term includes, but is not limited to detached garages or carports, cabanas, gazebos, arbors, sheds and buildings connected to a primary structure by a breeze way.

"Structure, primary" means a structure housing the primary use of a site or functioning as the primary use.

"Structure, principal" means a structure housing the principal use of a site or functioning as the principal use.

"Supportive housing" means housing with no limit on length of stay, that is occupied by the target population, and that is linked to onsite or offsite services that assist the supportive housing resident in retaining the housing, improving his or her health status, and maximizing his or her ability to live and, when possible, work in the community; as defined by Section 50675 of the California Health and Safety Code.

"Swimming pool" means any structure intended for swimming or recreational bathing that contains water over twenty-four inches deep. This includes in ground, above ground and on-ground swimming pools, and fixed-in-place wading pools. This definition does not include hot tubs or spas.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 8, 1991; Ord. 16-112 § 7, 2000; Ord. No. 16-133.3, § 2, 7-152015; Ord. No. 16-138, § 2, 7-15-2015; Ord. No. 16.142, § 17, 12-4-2024)

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.

Figure 17.04.230 Top of Bank Diagram

==> picture [216 x 187] intentionally omitted <==

"Tot lot" means an improved and equipped play area for small children (usually up to elementary school age).

Townhouse. See "Dwelling, townhouse"

"Transitional housing" means temporary rental housing intended for occupancy by target populations transitioning to permanent housing that is operated under program requirements calling for the termination of assistance and recirculation of the assisted unit to another eligible program recipient at some predetermined future point in time, which shall be no less than six months as defined in Section 50675.2 of the California Health and Safety Code.

"Trellis" means a vertical structure or frame constructed of materials including but not limited to lattice work or other similar wood, metal or plastic embellishment used as a screen or as a support for climbing plants. See definition of Fence, open.

"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.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16-112 § 8, 2000; Ord. 16.123, § 12, 9-5-2007; Ord. No. 16-138, § 3, 7-15-2015; Ord. No. 16.142.1, § 6, 6-18-2025)

17.04.240 - Definition of "U" terms.

"Use" means the purpose for which a site or structure is arranged, designed, intended, constructed, erected, moved, altered or enlarged or for which either a site or structure(s) may be occupied or maintained.

"Use, accessory" means a use which is clearly incidental and secondary to the primary use and which does not change the character thereof. (See also "Structure, accessory," Section 17.04.220).

"Use, primary" means the main purpose for which a site is developed and occupied.

"Used car" means any vehicle used by a previous owner or traded in.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 18, 12-4-2024)

17.04.250 - Definition of "V" terms.

Reserved.

(Ord. 16.76 § 1 (part), 1989)

17.04.260 - Definition of "W" terms.

Reserved.

(Ord. 16.76 § 1 (part), 1989)

17.04.270 - Definition of "X" terms.

Reserved.

(Ord. 16.76 § 1 (part), 1989)

17.04.280 - Definition of "Y" terms.

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

"Yard, rear" means an open space extending the full width of the lot between a building and the rear lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in this title (see Figure 17.04.280).

Figure 17.04.280 Setback Illustrations

==> picture [216 x 157] intentionally omitted <==

"Yard, side" means an open space extending from the rear boundary of the front yard to the front boundary of the rear yard (or to the rear lot line in the event there is no rear yard) between a building and nearest side lot line, unoccupied and unobstructed from the ground upward, except as otherwise specified in this title.

"Yard, side (exterior)" means a side yard which abuts a street (applies to corner lots) (see Figure 17.04.150).

"Yard, side (interior)" means a side yard which abuts an adjoining lot (see Figure 17.04.150).

(Ord. 16.76 § 1 (part), 1989)

17.04.290 - Definition of "Z" terms.

"Zone or zoning district" means a portion of the territory of the city within which certain uniform regulations and requirements or various combinations thereof, apply under the provisions of this title. Zone or zoning districts are shown on the official zoning map or maps referred to in Chapter 17.08.

"Zoning map" means the official zoning map or maps of the City of Scotts Valley, adopted by the city council and effective upon the effective date of the ordinance codified in this title, together with all amendments thereto hereafter made.

"Zoning permit" means a document signed by the building inspector, as required in this title, as a condition precedent to the commencement of a use or the erection, construction, reconstruction, restoration, alteration, conversion or installation of a structure or building which acknowledges that such use, structure or building complies with the provisions of this title.

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.06 - ESTABLISHMENT AND DESIGNATION OF ZONING DISTRICTS

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

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, § 13, 9-5-2007)

The zoning districts set forth in this section are termed combining districts. The combining district regulations are in addition to the regulations of the base zoning district to which the combining district is attached. Notwithstanding any provision in this title to the contrary, in the event of a conflict between the regulations of the base zoning district and the regulations of the combining district, the regulations of the combining district will control.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 19, 12-4-2024)

The designations, locations and boundaries of the zoning districts are set forth in the official zoning map or maps of the city, which are referred to in Chapter 17.08.

(Ord. 16.76 § 1 (part), 1989)

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

A.

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

B.

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

C.

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

D.

Where any further uncertainty exists as to the boundaries of any of the aforesaid zoning districts, the planning commission shall determine the location of such boundaries.

(Ord. 16.76 § 1 (part), 1989)

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

(Ord. 16.76 § 1 (part), 1989)

17.06.060 - Effect of establishment of zoning districts.

Except as otherwise provided herein:

A.

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

B.

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

C.

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

D.

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

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.08 - OFFICIAL ZONING MAP

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

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

(Ord. 16.76 § 1 (part), 1989)

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

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

A.

To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety;

B.

To provide a more urban type living environment.

C.

To ensure adequate light, air, privacy and open space for each dwelling unit;

D.

To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;

E.

To minimize traffic congestion by providing housing on the city's transportation corridors;

F.

To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;

G.

To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks;

H.

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences;

I.

To protect residential properties from fire, explosion, noxious fumes and other hazards.

(Ord. 16.123, § 14, 9-5-2007)

17.09.020 - Permitted uses.

A.

Small family child care homes;

B.

Small community care residential facilities;

C.

Multifamily dwellings conforming to the density requirements of this chapter;

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.

Transitional housing and supportive housing.

F.

Accessory dwelling units pursuant to Chapter 17.57 of this title.

(Ord. 16.123, § 14, 9-5-2007; Ord. No. 16.132, § 1, 5-1-2013; Ord. No. 16-138, § 14, 7-15-2015; Ord. No. 16.142, §§ 20, 21, 12-4-2024)

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

A.

Community facilities and institutions;

B.

Day-care centers;

C.

Public utility and public service facilities;

D.

Large family child care home: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015.

(Ord. 16.123, § 14, 9-5-2007)

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

A.

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

B.

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

C.

Yards.

1.

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

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

3.

Rear yard. The rear yard shall be twenty percent of the depth of the lot, provided that a rear yard of more than twenty-five feet shall not be required and a rear yard of less than fifteen feet shall not be permitted, subject to the following exceptions:

a.

The rear yard may be reduced to not less than fifteen feet, provided, that one side yard is not less than twenty-five feet.

b.

One foot shall be added to the rear yard for each two feet in height above which the top plate line exceeds twenty feet in height.

D.

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

E.

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

F.

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

G.

Multi-unit residential development shall comply with the Multi-Unit Residential Design Standards. See Section 17.44.180.

H.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.123, § 14, 9-5-2007; Ord. No. 16.140, § 2, 11-15-2023; Ord. No. 16.142, § 22, 12-4-2024)

17.09.050 - Other required conditions.

A.

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

B.

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

C.

No building shall be located closer than twenty-five feet from the top of the bank of a perennial or intermittent stream. All proposed structures shall be constructed above the one-hundred-year floodplain.

(Ord. 16.123, § 14, 9-5-2007)

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

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

A.

To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety;

B.

To preserve as many of the desirable characteristics of one-family residential districts as possible while permitting higher densities;

C.

To ensure adequate light, air, privacy and open space for each dwelling unit;

D.

To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;

E.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

F.

To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;

G.

To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks;

H.

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences;

I.

To protect residential properties from fire, explosion, noxious fumes and other hazards.

(Ord. 16.76 § 1 (part), 1989)

17.10.020 - Permitted uses.

A.

Small family child care homes;

B.

Mobile homes and manufactured housing;

C.

Multifamily dwellings conforming to the density requirements of this chapter;

D.

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 community care facilities.

F.

Transitional housing and supportive housing.

G.

Accessory dwelling units pursuant to Chapter 17.57 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 15—17, 9-5-2007; Ord. No. 16.132, § 2, 5-1-2013; Ord. No. 16-138, § 15, 7-15-2015; Ord. No. 16.142, § 23, 12-4-2024)

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

A.

Bed and breakfast establishments;

B.

Community facilities and institutions;

C.

Day-care centers;

D.

Occupancy of existing dwelling while constructing a replacement dwelling on the same lot;

E.

Public utility and public service facilities;

F.

Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015;

G.

Tract offices.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 18, 19, 9-5-2007)

17.10.035 - Large community care facilities.

No person shall operate a large community care home without obtaining a conditional use permit in accordance with Section 17.50.020. In addition the applicant shall submit the following:

a.

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

b.

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

c.

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

d.

A letter of application describing the type of use, number of residents, age of residents, any special resident care that is provided, and a daily work schedule showing the number of employees at the facility, and

e.

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

(Ord. 16.123, § 20, 9-5-2007)

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

A.

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

*If, after dividing the area of the lot by the area required per dwelling unit or structure containing a dwelling unit, a remainder of more than ninety percent of the area required for an additional unit is obtained, one additional dwelling unit may be located on the site.

B.

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

C.

Yards.

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

Side Yard.

a.

Permitted Uses. The minimum side yard for a permitted use shall be ten percent of the width of the site; provided, that a side yard of more than ten feet shall not be required and a side yard of less than five feet shall not be permitted, subject to the following exceptions:

i.

On the street side of a corner lot, the side yard shall be twenty percent of the width of the site; provided, that a side yard of more than twenty feet shall not be required and a side yard of less than eight feet shall not be permitted.

ii.

One foot shall be added to each side yard for each two feet of height above which the top plate line exceeds twenty feet in height (see Figure 17.10.040).

Figure 17.10.040 Top Plate Line

==> picture [216 x 119] intentionally omitted <==

iii.

One foot shall be added to the interior side yard for each five feet by which a wall of a structure within twenty-five feet of the side property line exceeds forty feet in length parallel or approximately parallel to the side property line.

iv.

A side yard providing access to more than one dwelling shall be not less than twelve feet.

b.

Conditional Uses. The side yard for a conditional use shall be ten percent of the average width of the site, with a minimum of ten feet and a maximum of twenty feet required, subject to the following exceptions:

i.

On the street side of a corner lot, the side yard shall be not less than twenty percent of the width of the site, with a minimum of fifteen feet and a maximum of forty feet required.

ii.

One foot shall be added to each side yard for each two feet of height above which the top plate line exceeds twenty feet of height (see Figure 17.10.040).

iii.

One foot shall be added to the interior side yard for each five feet by which a wall of a structure within twenty-five feet of the side property line exceeds thirty feet in length parallel or approximately parallel to the side property line.

3.

Rear Yard. The rear yard shall be twenty percent of the depth of the lot, provided that a rear yard of more than twenty-five feet shall not be required and a rear yard of less than fifteen feet shall not be permitted, subject to the following exceptions:

a.

The rear yard may be reduced to not less than fifteen feet, provided, that one side yard is not less than twenty-five feet.

b.

One foot shall be added to the rear yard for each two feet in height above which the top plate line exceeds twenty feet in height.

D.

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

E.

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

F.

Multi-unit residential development shall comply with the Multi-Unit Residential Design Standards. See Section 17.44.180.

G.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 (part), 1989; Ord. 16.77 (part), 1989; Ord. No. 16.140, § 3, 11-15-2023; Ord. No. 16.142, §§ 24, 25, 12-4-2024)

A.

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

B.

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

C.

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

(Ord. 16.76 § 1 (part), 1989; Ord. 16.102 § 1, 1996)

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

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

A.

To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety;

B.

To preserve as many of the desirable characteristics of one-family residential districts as possible while permitting higher densities;

C.

To ensure adequate light, air, privacy and open space for each dwelling unit;

D.

To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;

E.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

F.

To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;

G.

To provide necessary space for off-street parking of automobiles and, where appropriate, for off-street loading of trucks;

H.

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences;

I.

To protect residential properties from fire, explosion, noxious fumes and other hazards.

(Ord. 16.76 § 1 (part), 1989)

17.12.020 - Permitted uses.

Permitted uses are as follows:

A.

Small family child care homes;

B.

Mobile homes and manufactured housing;

C.

Multifamily dwellings conforming to the density requirements of this chapter.

D.

Single-family dwellings;

E.

Accessory uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to home occupations (subject to the provisions of Section 17.50.040 of this title), private garages and parking areas and the keeping of not to exceed four cats and four dogs or a combination thereof not to exceed a total of four;

F.

Small community care facilities.

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.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 21—23, 9-5-2007; Ord. No. 16.132, § 3, 5-1-2013; Ord. No. 16-138, § 16, 7-15-2015; Ord. No. 16.142, § 26, 12-4-2024)

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

A.

Bed and breakfast establishments;

B.

Country clubs and golf courses;

C.

Day care centers;

D.

Foster homes;

E.

Occupancy of existing dwelling while constructing a replacement dwelling on the same lot;

F.

Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, parks and playgrounds, schools, and public utility buildings and uses;

G.

Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015;

H.

Tract offices and temporary construction trailers.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 24, 25, 9-5-2007)

17.12.035 - Large community care facilities.

No person shall operate a large community care home without obtaining a conditional use permit in accordance with Section 17.50.020. In addition the applicant shall submit the following:

a.

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

b.

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

c.

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

d.

A letter of application describing the type of use, number of residents, age of residents, any special resident care that is provided, and a daily work schedule showing the number of employees at the facility, and

e.

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

(Ord. 16.123, § 26, 9-5-2007)

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

A.

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

*If, after dividing the area of the lot by the area required per dwelling unit or structure containing a dwelling unit, a remainder of more than seventy percent of the area required for an additional unit is obtained, one additional dwelling unit may be located on the site.

B.

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

C.

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

D.

Yards. Yard requirements are as follows:

E.

Building Height. No structure in the R-M-6 and R-M-8 zoning districts shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title.

F.

Multi-unit residential development shall comply with the Multi-Unit Residential Design Standards. See Section 17.44.180.

G.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. No. 16.140, § 4, 11-15-2023; Ord. No. 16.142, § 27, 12-4-2024)

17.12.050 - Other required conditions.

A.

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

B.

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

(Ord. 16.76 § 1(part), 1989; Ord. No. 16.142, § 28, 12-4-2024)

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

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

A.

To reserve appropriately located areas for family living in a variety of types of dwellings at a reasonable range of population densities consistent with sound standards of public health and safety;

B.

To ensure adequate light, air, privacy and open space for each dwelling unit;

C.

To provide space for community facilities needed to complement urban residential areas and for institutions which require a residential environment;

D.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the land around them;

E.

To protect residential properties from the hazards, noise and congestion created by commercial and industrial traffic;

F.

To provide necessary space for off-street parking of automobiles;

G.

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences;

H.

To protect residential properties from fire, explosion, noxious fumes and other hazards.

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

(Ord. 16.76 § 1(part), 1989)

17.14.020 - Permitted uses.

Permitted uses are as follows:

A.

Foster homes where the total number of children, including those of the proprietary family, is six or fewer;

B.

Mobile homes and manufactured housing;

C.

Single-family dwellings;

D.

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 17.44.200 (Racially concentrated areas of affluence).

(Ord. 16.76 § 1(part), 1989; Ord. 16.115, § 3, 6-4-2003; Ord. 16.123, §§ 27, 28, 9-5-2007; Ord. No. 16.132, § 4, 5-1-2013; Ord. No. 16-138, § 17, 7-15-2015; Ord. No. 16.142, § 29, 12-4-2024; Ord. No. 16.142.1, § 7, 6-18-2025)

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 17.44.200 (Racially concentrated areas of affluence);

I.

Tract offices and temporary construction trailers.

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 2, 6-4-2003; Ord. 16.123, §§ 29, 30, 9-52007; Ord. No. 16.142.1, § 8, 6-18-2025)

No person shall operate a large community care home without obtaining a conditional use permit in accordance with Section 17.50.020. In addition the applicant shall submit the following:

a.

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

b.

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

c.

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

d.

A letter of application describing the type of use, number of residents, age of residents, any special resident care that is provided, and a daily work schedule showing the number of employees at the facility, and

e.

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

(Ord. 16.123, § 31, 9-5-2007)

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

A.

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

B.

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

C.

Maximum Site Coverage. The maximum site coverage in the R-1 zoning district shall be fifty percent.

D.

Yards. Yard requirements are as follows:

E.

Building Height. No single-family dwelling in the R-1 zoning district shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title.

F.

Additions. For an addition that increases the footprint of the primary dwelling, the roof forms, roof pitches, exterior building materials, and exterior colors of the addition shall be architecturally compatible with those of the primary dwelling, to the extent practical and feasible as determined by the community development director, subject to review and approval by the community development director.

G.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 5, 6-4-2003; Ord. No. 16.140, § 5, 11-152023; Ord. No. 16.142, § 30, 12-4-2024)

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

(Ord. 16.76 § 1(part), 1989)

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

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

A.

To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety;

B.

To ensure adequate light, air, privacy and open space for each dwelling unit;

C.

To minimize traffic congestion;

D.

To provide necessary space for off-street parking of automobiles;

E.

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences.

(Ord. 16.76 § 1(part), 1989)

17.16.020 - Permitted uses.

Permitted uses are as follows:

A.

Family day care homes;

B.

Foster homes where the total number of children, including those of the proprietary family, is six or fewer;

C.

Single-family dwellings;

D.

Accessory uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to crop and tree farming for family use only, family animal raising, guesthouse, home occupations (subject to the provisions of Section 17.50.040 of this title), the keeping of four cats or four dogs or a combination thereof not to exceed a total of four, and private garages and parking areas, and private stables on a minimum lot size of two and one-half acres, in accordance with Section 17.46.040 of this title;

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.

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 6, 6-4-2003; Ord. 16.123, §§ 32, 33, 9-52007; Ord. No. 16-138, § 18, 7-15-2015; Ord. No. 16.142, § 31, 12-4-2024)

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

A.

Country clubs and golf courses;

B.

Day care centers;

C.

Foster homes where the total number of children, including those of the proprietary family, exceeds six;

D.

Occupancy of existing dwelling while constructing a replacement dwelling on the same lot;

E.

Private stables with a lot size less than 2.5 acres, in accordance with Section 17.46.040 of this title;

F.

Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, hospitals, parks and playgrounds, schools, and public utility buildings and uses;

G.

Temporary tract offices and construction trailers;

H.

Wholesale nurseries;

I.

Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015.

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 7, 6-4-2003; Ord. 16.123, § 34, 9-52007)

17.16.035 - Large community care facilities.

No person shall operate a large community care home without obtaining a conditional use permit in accordance with Section 17.50.020. In addition the applicant shall submit the following:

a.

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

b.

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

c.

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

d.

A letter of application describing the type of use, number of residents, age of residents, any special resident care that is provided, and a daily work schedule showing the number of employees at the facility, and

e.

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

(Ord. 16.123, § 35, 9-5-2007)

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

A.

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

B.

Minimum Lot Frontage. The minimum lot frontage shall be one hundred feet.

C.

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

D.

Yards. Yard requirements are as follows:

E.

Building Height. No single-family dwelling in the R-R-2.5 zoning district shall exceed thirty-five feet in height unless otherwise provided in Section 17.46.050 of this title.

F.

Additions. For an addition that increases the footprint of the primary dwelling, the roof forms, roof pitches, exterior building materials, and exterior colors of room additions shall be architecturally compatible with those of the primary dwelling, to the extent practical and feasible as determined by the community development director, subject to review and approval by the community development director.

G.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 8, 6-4-2003; Ord. No. 16.140, § 6, 11-152023; Ord. No. 16.142, § 32, 12-4-2024)

A.

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

B.

Minimum side and rear yards for buildings and areas that accommodate animals shall be forty feet.

(Ord. 16.76 § 1 (part), 1989)

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

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

A.

To reserve appropriately located areas for family living in a variety of types of dwellings, at a reasonable range of population densities consistent with sound standards of public health and safety;

B.

To ensure adequate light, air, privacy and open space to each dwelling unit;

C.

To minimize traffic congestion;

D.

To protect residential properties from noise, illumination, unsightliness, odors, dust, dirt, smoke, vibration, heat, glare and other objectionable influences.

(Ord. 16.76 § 1(part), 1989)

Permitted uses are as follows:

A.

Crop and tree farming;

B.

Small family child care homes;

C.

Foster homes where the total number of children, including those of the proprietary family is six or less;

D.

Public parks and recreation areas;

E.

Single-family dwellings;

F.

Accessory uses located on the same site with a permitted use which are incidental to the permitted use, including but not limited to crop and tree farming for family use only, family animal raising, guest house, home occupations (subject to the provisions of Section 17.50.040 of this title), the keeping of four cats or four dogs or a combination thereof not to exceed a total of four and private garages and parking areas, and private stables on a minimum lot size of two and one-half acres, in accordance with Section 17.46.040 of this title;

G.

Small community care facility.

H.

Transitional housing and supportive housing.

I.

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

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 9, 6-4-2003; Ord. 16.123, §§ 36—38, 9- 5-2007; Ord. No. 16-138, § 19, 7-15-2015; Ord. No. 16.142, § 33, 12-4-2024)

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

A.

Country clubs and golf courses;

B.

Day care centers;

C.

Foster homes where the total number of children, including those of the proprietary family, exceeds six;

D.

Mining and mineral extraction, subject to the development standards of this section and the provisions of Section 17.44.110 of this title;

E.

Occupancy of existing dwelling while constructing a replacement dwelling on the same lot;

F.

Private stables on a lot size of less than 2.5 acres, in accordance with Section 17.46.040 of this title;

G.

Public and quasi-public uses, including churches, synagogues and other places of worship, firehouses, hospitals, parks and playgrounds, schools, and public utility buildings and uses;

H.

Large family child care homes: No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within Section 17.50.015.

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 10, 6-4-2003; Ord. 16.123, § 39, 9-52007)

17.18.040 - Development standards.

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

A.

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

B.

Minimum Lot Frontage. The minimum lot frontage shall be one hundred feet.

C.

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

D.

Yards. Yard requirements are as follows:

E.

Building Height. No single-family dwelling in the R-MT-5 zoning district shall exceed thirty-five feet in height unless

F.

Additions. For an addition that increases the footprint of the primary dwelling, the roof forms, roof pitches, exterior building materials, and exterior colors of the addition shall be architecturally compatible with those of the primary dwelling, to the extent practical and feasible as determined by the community development director, subject to review and approval by the community development director.

G.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1(part), 1989; Ord. 16.77 (part), 1989; Ord. 16.115, § 11, 6-4-2003; Ord. No. 16.140, § 7, 1115-2023; Ord. No. 16.142, § 34, 12-4-2024)

17.18.050 - Other required conditions.

A.

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

B.

Minimum side and rear yards for buildings and areas that accommodate animals shall be forty feet.

(Ord. 16.76 § 1(part), 1989)

Chapter 17.20 - C-S SERVICE COMMERCIAL ZONING DISTRICT REGULATIONS

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

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

A.

To provide appropriately located areas for retail stores, offices, service establishments and businesses offering various ranges of commodities and services scaled to meet the needs of different geographical areas and various categories of patrons they serve;

B.

To provide opportunities for retail stores, offices, service establishments and businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other;

[C.

Reserved.]

D.

To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading facilities;

E.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

F.

To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic and other objectionable influences incidental to industrial uses;

G.

To protect commercial properties from fire, explosion, noxious fumes and other hazards.

(Ord. 16.76 § 1(part), 1989)

Permitted uses are as follows:

A.

Retail establishments;

B.

Banks;

C.

Business and personal service establishments;

D.

Emergency shelters (≤25 occupants), subject to compliance with Section 17.44.110;

E.

Medical, professional and general business offices;

F.

Radio and television broadcast studios (excluding transmission towers); and

G.

Accessory uses located on the same site with a permitted use which are customarily incidental to the permitted use, including, but not limited to, incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title;

H.

Day care center;

I.

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

J.

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

K.

Accessory dwelling units pursuant to Chapter 17.57 of this title.

(Ord. 16.76 § 1(part), 1989; Ord. 16.84 § 1, 1992; Ord. 16.87 § 3(part), 1993; Ord. 16.89 § 2, 1993; Ord. 16.123, §§ 40, 41, 9-5-2007; Ord. No. 16-138, § 5, 7-15-2015; Ord. No. 16.142, § 35, 12-4-2024)

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

A.

Animal hospitals;

B.

Automobile sales, including sale of used cars in conjunction with the sale of new cars;

C.

Automotive repair and related services (such as auto supply and detail shops) in an enclosed building. This conditional use category excludes auto body repair and auto painting as well as any other use that is incompatible with surrounding uses or that may be detrimental to the health, safety and welfare of the surrounding neighbors;

D.

Automotive service stations;

E.

Carwash;

F.

Coin-operated laundries;

G.

Commercial recreation;

H.

Equipment rental yards;

I.

Hotels and motels;

J.

Multiple-family dwellings located either above the ground-level commercial use or at ground level at the rear of a commercial space. Residential uses must occupy less than fifty percent of the total gross square feet on the property except as otherwise allowed in the housing element;

K.

Outdoor storage;

L.

Public utility service yards;

M.

Recreational vehicle sales, including boat sales;

N.

Restaurants and bars;

O.

Wholesale establishments;

P.

Service shops, including printing, photographic, cabinet repair, electrical repair, heating and ventilating shops, and catering services;

Q.

Social halls, lodges, fraternal organizations and clubs;

R.

Churches, synagogues and other places of worship;

S.

Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title;

T.

Transitional Housing. No person shall operate a transitional housing facility without obtaining a conditional use permit in accordance with Section 17.50.020 and subject to the requirements of Section 17.44.170 of this title;

U.

Emergency shelters (>25 occupants), subject to compliance with Section 17.44.110;

V.

Firearms retail.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.84 § 2, 1992; Ord. 16.103 § 1, 1996; Ord. 16.123, § 42, 9-5-2007; Ord. No. 16-133.3, § 3, 7-15-2015; Ord. No. 16-138, §§ 6, 12, 7-15-2015; Ord. No. 16.139, § 3, 12-20-2017; Ord. No. 16.142, § 36, 12-4-2024)

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

(Ord. No. 16-133.3, § 4, 7-15-2015)

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 percent;

F.

Minimum setbacks:

1.

Front, twenty feet,

2.

Rear, zero feet,

3.

Side, zero feet,

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;

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.

Multi-unit residential development shall comply with the Multi-Unit Residential Design Standards. See Section 17.44.180.

Q.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16.82 § 9, 1991; Ord. 16.88 § 1, 1994; Ord. No. 16-133.3, § 5, 7-15-2015; Ord. No. 16.140, § 8, 11-15-2023; Ord. No. 16.142, § 37, 12-4-2024; Ord. No. 16.142.1, § 9, 6-18-2025)

A.

Density range is fifteen to twenty residential units per acre.

B.

Parking for both the non-residential and the residential units shall be as specified in the zoning ordinance. The planning commission may reduce parking standards in cases where shared parking is feasible and viable.

C.

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

D.

Minimum setbacks for residential:

1.

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

Rear: Fifteen feet.

Side: Ten feet.

4.

Corner from the street, ten feet and corner from a garage, twenty feet.

(Ord. 16.123, § 43, 9-5-2007; Ord. No. 16.142, § 38, 12-4-2024)

17.20.050 - Other required conditions.

A.

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

B.

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

C.

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

D.

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

above the one-hundred-year floodplain.

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.22 - C-SC SHOPPING CENTER COMMERCIAL ZONING DISTRICT REGULATIONS

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

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

A.

To provide appropriately located areas for retail stores, offices, service establishments, amusement establishments and businesses offering various ranges of commodities and services scaled to meet the needs of different geographical areas and various categories of patrons they serve;

B.

To provide opportunities for retail stores, offices, service establishments, amusement establishments and businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other;

C.

To provide space for community facilities and institutions which appropriately may be located in commercial areas;

D.

To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading facilities;

E.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

F.

To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic and other objectionable influences incidental to industrial uses;

G.

To protect commercial properties from fire, explosion, noxious fumes and other hazards.

(Ord. 16.76 § 1 (part), 1989)

17.22.020 - Permitted uses.

Permitted uses are as follows:

A.

Professional offices;

B.

Retail and personal service establishments;

C.

Emergency shelters (≤25 occupants), subject to compliance with Section 17.44.110; and

D.

Accessory uses located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title.

E.

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

F.

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

G.

Accessory dwelling units pursuant to Chapter 17.57 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993; Ord. 16.89 § 3, 1993; Ord. No. 16-138, § 7, 7-152015; Ord. No. 16.142, § 39, 12-4-2024)

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

A.

Automobile sales, including the sale of used cars in conjunction with the sale of new cars;

B.

Churches, synagogues and other places of worship;

C.

Commercial recreation;

D.

Institutional uses;

E.

Day care center;

F.

Radio and/or television broadcasting studios;

G.

Theatres;

H.

Restaurants;

I.

Permitted uses in the C-S district, provided they are compatible with surrounding land uses;

J.

Multiple-family dwellings located either above the ground-level commercial use or at ground level at the rear of a commercial space. Residential uses must occupy less than fifty percent of the total gross square feet on the property except as otherwise allowed in the housing element;

K.

Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title;

L.

Emergency shelters (>25 occupants), subject to compliance with Section 17.44.110;

M.

Firearms retail.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.123, §§ 44, 45, 9-5-2007; Ord. No. 16-138, § 8, 7-15-2015; Ord. No. 16.139, § 4, 12-20-2017; Ord. No. 16.142, § 40, 12-4-2024)

The following development standards shall apply in the C-SC 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 percent;

F.

Minimum setbacks:

1.

Front: Twenty feet.

2.

Rear: Zero feet.

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.

M.

Multi-unit residential development shall comply with the Multi-Unit Residential Design Standards. See Section 17.44.180.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16.88 § 2, 1994; Ord. 16.123, §§ 46, 47, 9-5-2007; Ord. No. 16.140, § 9, 11-15-2023; Ord. No. 16.142.1, § 10, 6-18-2025)

17.22.050 - Other required conditions.

A.

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

B.

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

C.

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

D.

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

E.

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

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.24 - C-P PROFESSIONAL COMMERCIAL ZONING DISTRICT REGULATIONS

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

A.

To provide appropriately located areas for offices, service establishments, amusement establishments and businesses offering various ranges of services scaled to meet the needs of different geographical areas and various categories of patrons they serve;

B.

To provide opportunities for offices, service establishments, amusement establishments and businesses to concentrate for the convenience of the public and in mutually beneficial relationship to each other;

C.

To provide space for community facilities and institutions which appropriately may be located in commercial areas;

D.

To provide adequate space to meet the needs of modern commercial development, including off-street parking and truck loading facilities;

E.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

F.

To protect commercial properties from noise, odor, dust, dirt, smoke, vibration, heat, glare, heavy truck traffic and other objectionable influences incidental to industrial uses;

G.

To protect commercial properties from fire, explosion, noxious fumes and other hazards.

(Ord. 16.76 § 1 (part), 1989)

17.24.020 - Permitted uses.

Permitted uses are as follows:

A.

Medical, dental and therapeutic clinics;

B.

Business and personal service establishments;

C.

Professional, executive, administrative and financial offices;

D.

Accessory uses located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993; Ord. No. 16.142, § 41, 12-4-2024)

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

A.

Community facilities and institutions;

B.

Private noncommercial clubs;

C.

Schools and studios;

D.

Libraries;

E.

Churches, synagogues and other places of worship;

F.

Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title.

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

17.24.040 - Development standards.

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

A.

Minimum lot area, ten thousand square feet;

B.

Minimum lot width, one hundred feet;

C.

Minimum lot depth, one hundred feet;

D.

Minimum lot frontage, one hundred feet;

E.

Maximum building coverage, thirty-five percent;

F.

Minimum setbacks:

1.

Front, twenty feet,

2.

Rear, zero feet,

3.

Side, zero feet,

4.

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

5.

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

6.

Rear yard: There are no rear yard requirements except if abutting an "R" district, then rear yard shall be a minimum of twenty feet;

G.

Maximum height: Thirty-five feet;

H.

Where a site adjoins any residential zoning district, a solid wall or fence, vine-covered fence or compact evergreen hedge six feet in height shall be located on the property line except in a required front yard and permanently maintained. In addition, a minimum of five feet adjoining the property line shall be landscaped with plant material and permanently maintained when such landscaping is necessary to insure privacy or to screen views, as determined by the design review board;

I.

Not less than ten feet of a required yard adjoining a street shall be landscaped and permanently maintained.

J.

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

K.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. No. 16.142, § 42, 12-4-2024)

17.24.050 - Other required conditions.

A.

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

B.

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

C.

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

D.

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

E.

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

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.26 - I-L LIGHT INDUSTRIAL ZONING DISTRICT REGULATIONS

The I-L district is intended to apply to all lands designated in the General Plan as "light industrial." This land use classification is designed to accommodate industrial and industrially related land uses and provide a location for businesses that are inappropriate in commercial or residential zones because of their

operations or sizes and because they may create noise, odor, dust or glare and create impacts to traffic, the aquifer or air quality. Uses in this classification shall not encroach upon the character of adjoining land uses and will not expose adjoining uses to hazardous conditions.

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

A.

To reserve appropriately located areas for industrial plants and related activities;

B.

To protect areas appropriate for industrial uses from intrusion by dwellings and other inharmonious uses;

C.

To protect residential and commercial properties and nuisance-free nonhazardous industrial uses from noise, odor, dust, dirt, smoke, vibration, heat, glare and other objectional influences such as fire, explosion, noxious fumes, radiation and other hazards incidental to certain industrial uses;

D.

To provide opportunities for certain types of industrial plants to concentrate in mutually beneficial relationships to each other;

E.

To provide sufficient open space to meet the needs of modern industrial building development, including off-street parking and truck loading areas and landscaping;

F.

To provide sufficient open space around industrial structures to protect them from the hazard of fire and to minimize the impacts of industrial plants on nearby residential districts;

G.

To minimize traffic congestion and to avoid the overloading of utilities by preventing the construction of buildings of excessive size in relation to the amount of land around them;

H.

To regulate the number and concentration of industrial uses that use significant amounts of hazardous materials;

I.

To construct and preserve an attractive industrial zoning district with generous amounts of landscaping and careful consideration towards architecture and appearance from the freeway.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.98 § 2, 1996)

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

A.

Building construction and supply facilities;

B.

Manufacturing, assembling, processing and packaging of components and finished materials where significant amounts of hazardous materials (defined in Chapter 13.12 of this code) are not being used;

C.

Printing, publishing and allied industrial uses, tool and die shops;

D.

Warehousing of nontoxic materials and distribution depot facilities;

E.

Machine shops when toxic cleaners are not used;

F.

Research, development and/or testing of mechanical, electrical and/or chemical equipment which do not involve the use or production of a hazardous material and when parking requirements of the zoning ordinance are met;

G.

Automobile repairs;

H.

Communication services, including radio broadcasting stations, television stations and telephone service companies;

I.

Accessory uses located on the same site with a permitted use, including but not limited to incidental storage facilities, offices, gift shops, food service for employees and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title;

J.

Any recreational vehicle use in existence in an I-L district on January 1, 1998, may remain as a permitted use in the I-L district until such use terminates, provided that the use shall be limited to the location where it existed on that date and that the use may not be expanded or enlarged, either as to land devoted to that

use or exceed 110 spaces (the number of spaces available for that use in January 1998), and further provided, that the use operates in a manner consistent with any federal or state laws regulating permanent residential uses in travel trailers or recreational vehicles, and, further, that the park provide adequate emergency access, as approved by the city, to be installed and in place no later than October 15, 1999. Except as provided herein, no trailer use may exist in an I-L district.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993; Ord. 16.98 § 3, 1996; Ord. 16.110 § 1, 1999; Ord. 16.123, § 48, 9-5-2007; Ord. No. 16.142, § 43, 12-4-2024)

Some industrial businesses use toxic materials and processes which involve a change of phase/state of materials used during processing. Any impact caused by a use requiring a conditional use permit may be examined as well as methods of handling hazardous materials and protection of the aquifer and air quality. The following conditional uses may be permitted upon the granting of a use permit in accordance with the provisions of Section 17.50.020 of this title:

A.

All uses in the C-S (service commercial) district;

B.

Public and quasi-public uses of an educational or recreational nature;

C.

Public utility buildings and service yards;

D.

Warehousing of toxic materials;

E.

Manufacturing, assembling, processing and packaging of components and finished materials where significant amounts of hazardous materials are used e.g., production of printed wiring boards, semiconductor processes and wave or reflow soldering, not including such operations as saw and planing mills or any manufacturing uses involving primary production of wood, metal or chemical products from raw materials;

F.

Ministorage buildings;

G.

Offices in conjunction with a permitted or conditional use when parking requirements are not satisfied;

H.

Laboratories for research and testing of mechanical, electrical, electronic and/or chemical products which involve the use or production of a hazardous material (defined in Chapter 13.12 of the Scotts Valley Municipal Code);

I.

Manufacture of food products and pharmaceuticals that do not include production of fish or meat products, vinegar, chemicals or the rendering or refining of fats and oils;

J.

Propane storage facilities and related propane sales which are located to another site that meet the requirements of the Scotts Valley Fire District with a total maximum water storage capacity of seventy thousand gallons for all propane storage facilities in the city limits; provided, however, that only companies in existence and operating within the city limits of the City of Scotts Valley on January 1, 1999, may be located in the I-L district with a conditional use permit, it being the intent of this provision that no new propane storage company shall be allowed in the city limits, and if preexisting companies voluntarily leave, no new companies will be allowed to replace them;

K.

Other uses the planning commission finds to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title;

L.

Automobile body shop.

M.

Outdoor storage, in accordance with this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. 16.98 § 4, 1996; Ord. 16.103 § 2, 1996; Amended during 6/97 supplement; Amended during 7/97 supplement; Ord. No. 16.111 § 1, 1999; Ord. 16.123, § 49, 9-5-2007; Ord. No. 16-133.3, § 6, 7-15-2015)

No person shall operate a transitional housing facility without obtaining a conditional use permit in accordance with Section 17.50.020 and subject to requirements of Section 17.44.170 of this title. The following applies to the C-S (Service Commercial) Zoning District.

(Ord. 16.123, § 50, 9-5-2007; Ord. No. 16-138, § 11, 7-15-2015)

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

A.

Minimum lot area, forty thousand square feet;

B.

Minimum lot width, one hundred feet;

C.

Minimum lot depth, one hundred feet;

D.

Minimum lot frontage, one hundred feet;

E.

Maximum building coverage, fifty percent;

F.

Minimum setbacks:

1.

Front, fifteen feet,

2.

Rear, zero feet,

3.

Side, zero feet;

G.

Special yard requirements: Minimum setback for all yards abutting residential and open-space districts is fifty feet. One foot shall be added to each setback requirement for each three feet of building height above sixteen feet;

H.

Maximum height, thirty-five feet;

I.

Where a site adjoins any residential zoning district, a solid wall or fence, vine-covered fence or compact evergreen hedge six feet in height shall be located on the property line except in a required front yard and permanently maintained. In addition, a minimum of five feet adjoining the residential property line shall be landscaped with plant material and permanently maintained when such landscaping is necessary to insure privacy or to screen views, as determined by a landscape architect;

J.

Not less than ten feet of a required yard adjoining a street shall be landscaped and permanently maintained;

K.

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

L.

Off-street parking and loading facilities shall be provided as prescribed in Section 17.44.030 of this title. A maximum of two loading spaces shall be permitted on the street side of any building within sixty-five feet of the street right-of-way. There are no restrictions on the number of loading spaces located more than sixtyfive feet from the street right-of-way. Loading areas shall be designed so as not to interfere with required parking, access and circulation;

M.

Trash disposal: Each parcel shall provide adequate and accessible trash disposal areas in compliance with Section 17.44.020;

N.

Outdoor Storage:

1.

Location. Outdoor storage uses are prohibited next to housing;

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.

O.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.98 § 5, 1996: Ord. 16.77 (part), 1989; Ord. 16.76 § 1 (part), 1989; Ord. No. 16-133.3, § 7, 7-152015; Ord. No. 16.142, § 44, 12-4-2024)

17.26.050 - Other required conditions.

A.

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

B.

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

C.

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

D.

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

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.30 - P PUBLIC/QUASI-PUBLIC ZONING DISTRICT REGULATIONS

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

(Ord. 16.76 § 1 (part), 1989)

Permitted uses are as follows:

A.

All facilities and structures owned by any federal, state, county or city government or agency thereof or by any school district or community college district, special district, including but not limited to a water district or a fire district or any agency thereof, which is used for administrative, office, educational or recreational purposes or for the provision of services to the public;

B.

Emergency services, including but not limited to police and fire stations, Red Cross and immediate medical services;

C.

Emergency shelters (≤25 occupants), subject to compliance with Section 17.44.110;

D.

Single-family dwellings; and

E.

Accessory uses located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the standards of Chapter 17.56 of this title.

F.

Accessory dwelling units pursuant to Chapter 17.57 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.87 § 3 (part), 1993; Ord. 16.89 § 4, 1993; Ord. No. 16-138, § 9, 7-152015; Ord. No. 16.142, § 45, 12-4-2024)

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

A.

Art, dance, gymnastic, exercise or music studios or classes;

B.

Business or trade schools;

C.

Churches, synagogues and similar houses of worship;

D.

Community centers;

E.

Day care centers;

F.

Facilities of all public utilities and corporations or other organizations whose activities are under the jurisdiction of the Federal Communications Commission, the Interstate Commerce Commission or the California Public Utilities Commission;

G.

Outdoor recreational facilities, including parks, playgrounds, golf courses, public swimming pools and tennis courts;

H.

Residential care facilities;

I.

Cultural facilities, including but not limited to theaters, museums and centers for the arts;

J.

Hospitals;

K.

Private schools, colleges and universities and their related facilities, including faculty and student housing;

L.

Other uses the planning commission determines to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title;

M.

Emergency shelters (>25 occupants), subject to compliance with Section 17.44.110.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16-138, § 10, 7-15-2015)

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

A.

Minimum lot area, ten thousand square feet;

B.

Minimum lot width, sixty feet;

C.

Minimum lot depth, one hundred feet;

D.

Minimum lot frontage, one hundred feet;

E.

Maximum building coverage, thirty percent;

F.

Minimum setbacks:

1.

Front, twenty feet,

2.

Rear, ten feet,

3.

Side, ten feet;

G.

Special yard requirements: Minimum setback for all yards abutting residential and/or open-space districts is fifty feet;

H.

Maximum height, thirty-five feet.

I.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989; Ord. 16.77 (part), 1989; Ord. No. 16.142, § 46, 12-4-2024)

17.30.050 - Other required conditions.

A.

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

B.

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

C.

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

D.

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

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.32 - OS OPEN-SPACE ZONING DISTRICT REGULATIONS

The OS district is intended to apply to all lands designated in the General Plan as "open space." This land use classification is designed to preserve and enhance the use of open-space lands as a limited and valuable resource. It is further intended to permit limited but reasonable use of open-space land while protecting the public health, safety and welfare; to insure the continued availability of land in agricultural production; to preserve the topography of the city that shapes it and gives it identity; and to implement the city's open space element of the General Plan.

(Ord. 16.76 § 1 (part), 1989)

17.32.020 - Permitted uses.

Permitted uses are as follows:

A.

Fish and wildlife management activities or facilities;

B.

Flood-control channels and drainage facilities;

C.

Public and private recreation areas, parks, playgrounds, wildlife preserves and timber preserves;

D.

Watershed management activities or facilities, including but not limited to aquifer recharge areas, stream restoration projects and related activities

E.

Accessory uses located on the same site with a permitted use which are customarily incidental to the permitted use, including but not limited to incidental storage facilities and signs which pertain only to a permitted use on the premises and which are in accordance with the provisions of Chapter 17.56 of this title.

F.

Accessory dwelling units pursuant to Chapter 17.57 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. 1687 § 3 (part), 1993; Ord. No. 16.142, § 47, 12-4-2024)

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

A.

Commercial and private stables and riding academies;

B.

Crop and tree farming and grazing of horses, cattle, sheep and goats;

C.

Golf courses, driving ranges and other similar commercial recreational facilities, but not including drive-in movie theaters or any facility where the primary use is enclosed in a building;

D.

General outdoor recreational uses, including but not limited to tennis and basketball courts; soccer, softball and baseball fields; campgrounds; picnicking grounds; and recreational trails;

E.

Kennels, aviaries and other wholesale animal-raising facilities

F.

One or more single-family dwellings at a density not to exceed one dwelling unit per ten acres; if more than two dwellings are involved, the development proposal must be clustered and in conformance with an approved planned unit development;

G.

The growing and harvesting of Christmas trees;

H.

The growing and harvesting of timber and other forest products (not including Christmas trees), in conformance with the development standards of this section and Chapter 17.34 of this title;

I.

Other uses which the planning commission determines to be of a similar nature to those listed above, subject to the requirements of Section 17.50.020 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 48, 12-4-2024)

17.32.040 - Development standards.

A.

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

B.

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

C.

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

D.

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

E.

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

contract with the city, approved by the city council, to manage and harvest timber on the timberland jointly. Such owners shall be bound by the provisions of such management plan for a minimum period of twenty years. Any such divisions shall require approval by a four-fifths vote of the city council.

F.

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

G.

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

H.

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

I.

Accessory Structures. See Section 17.46.130 (Accessory Structures).

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 49, 12-4-2024)

Chapter 17.34 - TP TIMBERLAND PRODUCTION ZONING DISTRICT REGULATIONS

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

(Ord. 16.76 § 1 (part), 1989)

17.34.020 - Definitions.

A.

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

B.

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

C.

"Timber management plan" means a written plan for development and utilization of timber resources and compatible uses which assures the continued viability of the timberland and which includes reasonable rotation and cutting cycle data.

(Ord. 16.76 § 1 (part), 1989)

17.34.030 - Permitted uses.

The following uses are permitted in the TP zoning district:

A.

Fish and wildlife habitat;

B.

Grazing and other agricultural uses on that portion of the land not under timber production;

C.

The growing and harvesting of timber and other forest products, including Christmas trees, in conformance with the provisions of this chapter;

D.

One single-family dwelling on a separate legal parcel with a minimum area of forty acres;

E.

Accessory dwelling units pursuant to Chapter 17.57 of this title.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 50, 12-4-2024)

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

A.

Conversion to agricultural uses not exceeding ten percent of the total of the timber area on the parcel;

B.

Erection, construction, alteration and maintenance of gas, electric, water or communications facilities;

C.

Outdoor recreational, educational or religious or sectarian activities;

D.

One or more single-family dwellings at a density not to exceed one dwelling unit per ten acres; if more than two dwellings are involved, the development proposal must be clustered and in conformance with an approved planned unit development (PUD) permit.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.142, § 51, 12-4-2024)

17.34.050 - Required special findings for conditional uses.

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

A.

That the proposed conditional use would be consistent with the purposes of the Forest Taxation Reform Act of 1976 and the purposes of this chapter; and

B.

That the proposed conditional use is supported by a timber management plan submitted as a part of the application for such proposed conditional use, which timber management plan has been approved by the city council and which approved plan and compliance therewith are made a condition of any use permit granted.

(Ord. 16.76 § 1 (part), 1989)

17.34.060 - Zoning procedures.

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

A.

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

B.

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

C.

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

D.

The parcel(s) shall be timberland.

E.

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

F.

The parcel concerned shall be in the ownership of one person, as defined in Section 38106 of the Revenue and Taxation Code and shall be comprised of single or contiguous parcels consisting of at least five acres in area.

(Ord. 16.76 § 1 (part), 1989)

Rezoning of the land from timberland production zone (TP) to another zoning district shall be in conformance with the requirements of the Forest Taxation Reform Act of 1976, in addition to any other

applicable rezoning requirements.

(Ord. 16.76 § 1 (part), 1989)

A.

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

B.

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

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.36 - ST SPECIAL TREATMENT COMBINING DISTRICT REGULATIONS

The ST combining district is intended to apply to all lands designed in the General Plan as "special treatment" areas, with the exception of the Bethany Neighborhood Special Treatment Area (BNSTA) which will be reviewed and considered per Land Use Action 12 (LA-12), and in other areas subsequently designated by the city council where special planning efforts are desired. The intention of this zoning district is to encourage the incorporation of special design considerations into project development and redevelopment, in an effort to implement a visually pleasing environment in areas deemed to be of special importance to community image. It is further intended that development within an ST combining district shall be subject to submittal requirements of a specific plan with the exception of the BNSTA which will be reviewed and considered per Land Use Action 12 (LA-12), as enumerated herein. In addition, the city encourages planned development where appropriate when proposing developments in the special treatment areas. The development standards set forth in this chapter are consistent with the intent of the special treatment overlay designation for areas specified as special treatment planning areas in the General Plan.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.135, § 1, 11-5-2014)

The following development standards shall apply in all special treatment "ST" combining districts and shall be in addition to the regulations of the base zoning district to which this combining district is attached.

A.

A specific plan shall accompany development proposal(s) in this district, with the exception of the BNSTA which will be reviewed and considered per Land Use Action 12 (LA-12). The specific plan shall be prepared consistent with California Government Code Section 65451 and the goals, objectives, policies, programs and land use designations described in the General Plan. The following is a summary of those requirements which shall apply to development proposals in this district.

A specific plan shall include a text and diagram(s) which specify all of the following in detail:

1.

The distribution, location and extent of the existing and proposed uses of land, including but not limited to open space, within the area covered by the plan;

2.

The existing and proposed distribution, location and extent and intensity of major components of public and private transportation, including but not limited to streets and roads, sewage, water, drainage, solid waste disposal, energy and other essential facilities proposed to be located within the area covered by the plan and needed to support the land uses described in the plan;

3.

Standards and criteria by which development will proceed, and standards for the conservation, development and utilization of natural resources, where applicable;

4.

A program of implementation measures necessary for the systematic implementation of the General Plan, including but not limited to regulations, standards, conditions, programs, public works projects and financing measures necessary to carry out the provisions of subdivisions 1 through 3 of this section and to implement all applicable provisions of the open-space element of the General Plan and provisions of an economic feasibility analysis and consideration of financial mechanisms to provide for public improvements;

5.

A statement of the relationship of the specific plan to the General Plan;

6.

Any other measures which may be necessary or convenient to ensure the implementation of the General Plan.

B.

The following general design criteria shall apply to all development in the ST combining district:

1.

The design should be compatible with the immediate environment of the site, including the streetscape. In the Scotts Valley Drive study area, standards of the Scotts Valley Drive Master Plan shall apply to the project under review;

2.

The design should produce harmonious transition in both scale and character between adjacent land uses;

3.

Buffers should be provided between land use types and where density variations warrant;

4.

Development should be clustered whenever possible to protect visual natural resources and to provide open space;

5.

Open space and recreational areas should be included as part of future development planning. The amount and arrangement of open space and landscaping should be appropriate to the design and function of the structure(s);

6.

Provisions for the dedication of park land, recreational improvements and maintenance agreements, as appropriate, within future development should be included;

7.

Landscaping should be compatible with and complement site planning as well as the design of building(s);

8.

Specific special treatment planning areas, as defined in the General Plan, shall be designed with respect to notable use and design considerations recognized in the General Plan;

9.

Materials, textures, colors and details of construction should be an appropriate expression of the development's design concept and function and the same should be compatible with adjacent structures and functions;

10.

Provisions for comprehensive circulation planning and improvements for future development should be included;

Access to the parcel(s) and circulation thereon should be safe and convenient for pedestrians, cyclists and vehicles;

12.

The provision of adequate services to provide for future development should be included;

13.

The project should protect and enhance buildings that have historic and cultural value by virtue of preservation, architectural character, historic association and the like;

14.

Energy efficiency shall be included in all site and architectural design.

C.

The following architectural standards shall apply to all buildings in the ST combining district:

1.

Harmony: Structures and parts of structures of both new and old construction shall be compatible in terms of architectural styles, features, colors and materials;

2.

Wall treatment: All exterior wall elevations visible from and/or facing streets are to have architectural treatment. No building surface on a street shall have a flat, void surface without architectural treatment or elements. Examples of architectural treatment include exterior finishes, siding, stucco patterns, paint patterns and graphics. Examples of architectural elements includes form modulation, windows, canopies and balconies;

3.

Mechanical equipment and utilities: All roof-mounted mechanical equipment or duct work which projects vertically above the roof or parapet is to be screened by an enclosure which is detailed consistently with the building design. Solar heating equipment need not be screened but must be as unobtrusive as possible;

4.

Gutters and downspouts: Gutters and downspouts are to be painted to match the surface to which they are attached, unless used as a major design element, in which case the color is to be consistent with the color scheme of the building;

5.

Storage areas: All outdoor storage for goods, materials, commercial vehicles or equipment shall be visually screened, said screening shall form a complete opaque screen with a maximum height of eight feet;

6.

Refuse collection areas: All outdoor refuse collection areas shall be screened by a complete opaque screen;

7.

Pedestrians: At street levels, structures should be sensitive to the pedestrian, making him or her comfortable when walking past, by including planters, fountains and seating areas along the sidewalk;

8.

Energy conservation: Buildings should be designed to minimize mechanical heating and cooling. Sunlight should be used for direct heating and illumination wherever possible. Natural ventilation and shading should be used to cool a building. Active and passive solar heating is encouraged;

9.

Design theme: Architectural themes chosen for buildings, shopping districts, industrial parks, the Scotts Valley Drive area, entrances to the city or other identifiable districts of the city shall be implemented through well-developed and articulated physical features. Examples of these features are corridors, posts, beams, arches, columns, colonnades, canopies, cornices, balconies, ornamental tiles, recesses, overhangs, exterior wall materials, graphics, window treatment, fountains, landscaping and other artistic features.

D.

The following site planning standards shall apply to all parcels within the ST combining district, where applicable:

1.

Site suitability: The structure should be planned to fit a site's natural conditions, rather than altering a site to accommodate a stock building plan. Existing topography should be preserved to make the project design more attractive or functional. Topography may be modified where it contributes to good appearance, but natural grade and vegetation should be retained if possible. Excessive cuts and fills should be avoided;

2.

Functions: A site's various activities and elements should be logically located so that the project may operate efficiently. Pedestrian and vehicular routes should be separated. Loading and service areas should be separated from customer parking and traffic areas;

3.

Transition: From the street to project, there should be a pleasing transition that provides for adequate landscaping, walkways and parking;

Parking areas: Parking areas should be screened from public streets and divided with landscaping, buildings, walls, fences, berms or other means. In large parking lots, islands of trees shall be incorporated into the design;

5.

Trash collection and other service areas: Trash containers and service and loading docks should be conveniently located and sized, but must not interfere with other circulation or parking on the site. Trash containers should be located away from public streets and store entrances and should be completely screened with materials similar to or compatible with buildings located on the same site. All outdoor refuse collection areas shall be enclosed per city-approved standard details, as illustrated in Figure 17.44.020;

6.

Traffic circulation: Circulation should provide for safe and efficient traffic movement. Adequate auto stackup areas should permit a minimum of two cars to enter the parking lot area without obstructing either street through traffic or vehicle back-up areas within the parking lot. The number of curb cuts connecting the site with collector or arterial streets should be minimized. Traffic circulation between the site and adjacent lots shall be coordinated. Mutual access easements and mutual driveways should be used to minimize paved areas and curb cuts;

7.

Energy conservation: Solar access shall be planned into the site design where possible. Solar access shall be reserved, where appropriate, through recorded easements or other devices or instruments. Climatic factors such as prevailing winds, shade trees, window and door orientation and the positioning of buildings on the site shall all be coordinated to maximize energy conservation;

8.

Grading and drainage: Grading and drainage plans illustrating existing topography, proposed cuts and fills, sedimentation and erosion control measures, the direction of all site drainage, and all structural drainage facilities shall be submitted as a part of architectural and site plan review. On-site stormwater detention ponds shall be required where permanent storm drainage facilities are not available. Permanent stormwater drainage facilities shall be used to transmit stormwater to recharge areas whenever possible;

9.

Elimination of architectural barriers to the physically handicapped: State laws require that all facilities which are open to the public must be accessible to and usable by the physically handicapped. Plans for construction of new public facilities and remodeling of existing facilities shall incorporate features that insure accessibility to the physically handicapped.

E.

The following landscape standards for design and maintenance shall apply to all parcels within the ST combining district:

When a parcel is undeveloped at the time landscaping requirements are imposed upon the parcel, landscaped yards and areas shall be provided and maintained at the time a main building is constructed and occupied or when any open use, other than agricultural, occurs on the parcel. All unpaved areas shall be landscaped with ground cover and/or shrub plant material and undeveloped areas proposed for future expansion shall be landscaped with appropriate ornamentals, to include ground cover, shrubs and/or trees;

2.

No artificial or nonliving materials may be used in place of vegetation. All required landscaping is vegetation except for fences, walls, fountains, lighting, sculpture, ornamental paving and similar items;

3.

All trees planted adjacent to a street shall be of a minimum fifteen-gallon size; all others shall be a minimum five-gallon size;

4.

All plants shall be planted with spacings and locations (given the plant types and character, type of soil, availability of or likelihood of watering regularity and similar considerations) so that the plantings will achieve their purpose within a reasonable time;

5.

Landscaping required as a screening device shall be of a type which provides a year-round barrier and shall be of trees and/or shrubs spaced so that any view of objects on the opposite side (at ground level) is effectively screened. A fence or wall required as a screening device shall be of solid board fencing or masonry, so constructed as to effectively eliminate any view of objects on the opposite side below the maximum height of the required fence or wall. Fences and walls shall be landscaped and modulated to provide visual relief from continuous wall or fence surfaces;

6.

All shrubs used for screening purposes shall be of a minimum five-gallon size;

7.

Areas utilized for parking, storage or loading shall be effectively screened, modulated or integrated from view of access streets, freeways or adjacent properties (at ground level).

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.135, § 2, 11-5-2014)

Chapter 17.38 - PD PLANNED DEVELOPMENT DISTRICT REGULATIONS

A.

The planned development district is hereby established as a city zoning district classification. It may be referred to as planned development zone, planned development district or as PD district or PD zone.

B.

Every PD district shall, in all cases, be combined with an alternative base zoning district or districts. Any zoning district set forth in Section 17.06.010 may be utilized as a base district. Prior to development, the zone shall be referred to by the symbol for its base district followed by its planned district designation (e.g., R-1 (PD)).

C.

The PD district shall be individually designed to meet the needs of the property so zoned. It shall be adopted by a zoning ordinance which incorporates by reference a general development plan for the entirety of the subject property. The general development plan shall include drawings and text as specified by Section 17.38.020.

D.

Development of the subject property can hereafter occur only pursuant to an effective PD permit issued in strict conformity with the adopted general development plan or alternatively, in accordance with requirements for the base district.

E.

Under no circumstances shall the city ever be required to issue a PD permit. The discretion to grant or deny such permit is absolute and nothing contained in this title shall be deemed or construed to limit this discretion in any way whatsoever. Unless and until a PD permit has been issued and becomes effective, the subject territory may be used only as allowed in the base district alone.

17.38.020 - General development plan.

A.

The PD planned development district shall be individually designed to meet the needs of the property so zoned. It shall be reflected in the general development plan which is adopted as part of any planned development zoning ordinance. The general development plan shall include:

1.

All public and private use areas appropriately mapped, clearly identified and shaded, including:

a.

All permitted residential land uses, including size and unit type (single-family detached, single-family attached, multiple-family, etc.),

b.

All permitted commercial and industrial land uses, including size and type (retail commercial, office, manufacturing, etc.),

c.

Landscape areas, common open space, private open space, and public open space,

d.

All public streets, private streets and driveways within the proposed PD zone, labeled "public street," "private street" or "driveway" with total right-of-way width dimensioned,

e.

All public and private streets adjacent or within one hundred feet of the proposed PD zone, labeled "public" or "private" and showing dimension from street centerline to ultimate right-of-way edge;

2.

A use table which identifies each permitted use and the area of each use and includes a statement of the standards of residential, commercial and/or industrial density, and building, parking, vehicular circulation and landscaping intensity;

3.

Notes which specify:

a.

Development standards, including:

i.

All setbacks,

ii.

Building heights (stories and feet),

iii.

Parking (number of spaces and ratios), and

iv.

Minimum lot size and dimensions, if applicable,

b.

Where landscaping is to serve a particular function, such as a screen or buffer of something specific, or as a focal point or frame, the particular function and landscape concept shall be identified. Where landscaping is proposed in the public right-of-way, the maintenance responsibility shall be specified,

c.

Clear descriptions of any required off-site work, including street and infrastructure improvements,

d.

Noise attenuation requirements, if any, and

e.

Any other matters specified by the city council;

4.

Additional graphic (i.e. mapped) information as applicable, including:

a.

The location of the closest buildings, both existing and approved, on adjacent properties,

b.

All existing structures which are to be retained,

c.

All significant existing natural features, or within fifty feet of the planned development zoning district, including:

i.

Protected trees (twenty-four inches diameter or larger) and any smaller trees which are significant by virtue of their species, location and/or significance to the site due to the limited amount of existing vegetation,

ii.

Creeks and waterways, and

iii.

Rock outcroppings,

d.

The location and required height of sound walls,

e.

Topography contours, sufficient to describe terrain, where site is adjacent to creek or has an existing overall slope of more than two percent, and

f.

Proposed grading if any cut or fill slope exceeds eighteen inches;

Building elevations which illustrate the intended architectural style and character and the size, materials and general detailing of buildings. Building design will be finalized at PD permit stage.

B.

At the time of submittal of an application for PD zoning, the director may expressly exempt the applicant from submitting information specified above where such information is deemed by the director not to be applicable to the project during the general development phase.

C.

Nothing herein shall preclude the director, the planning commission or the city council from requiring any additional information to be shown on the general development plan.

(Ord. 16.83 § 1 (part), 1991)

No building, structure or land shall be used and no building or structure shall be erected, enlarged or structurally altered, or demolished in any planned development district, except in accordance with the provisions hereinafter set forth in this chapter.

(Ord. 16.83 § 1 (part), 1991)

17.38.040 - PD district effective.

A.

The PD district becomes effective if any of the following occur:

1.

A valid tentative map in compliance with the PD district is approved;

2.

A building permit is issued in compliance with a duly issued PD permit; or

3.

Institution of a use consistent with a duly issued PD permit.

B.

If the tentative map expires without a final map having been recorded, or if the building permit expires without construction having commenced, and if no use consistent with the PD permit has been instituted, the PD district shall not be deemed to be effective.

(Ord. 16.83 § 1 (part), 1991)

The use regulations for property located in a planned development district shall be as follows:

A.

Unless and until a planned development permit has been issued and is in effect, property in the district may be used only in a manner consistent with its base district.

B.

If a planned development permit is effective, no use other than the particular uses specified in the permit, shall be permitted and then only in compliance with all terms, provisions and conditions of said permit. Each permitted use shall be confined and limited to the particular location designated in said permit.

(Ord. 16.83 § 1 (part), 1991)

A.

Except where a planned development permit has been implemented, the regulations for development, advertising devices, off-street parking and off-street loading as provided in the base district zoning shall apply to all property located in territory located in the planned development district.

B.

Where a PD permit is in effect in a planned development district, the provisions of such permit shall prevail over the regulations of the base district zoning of the property. No structure, facility, improvement or advertising device of any kind shall be constructed upon such property except in strict compliance with all provisions of the PD permit. In particular:

1.

No structure, facility, improvement or advertising device shall be constructed except the particular structures, facilities, improvements, and advertising devices specified in such permit;

2.

Each structure, facility, improvement or advertising device shall have the exact height, floor area and dimensions specified for it in such permit;

3.

Each structure or facility used for off-street parking and off-street loading shall have the exact number of off-street parking and off-street loading spaces, and other areas, specified for it in such permit;

4.

Each structure, facility, improvement or advertising device shall be constructed at the particular location and cover the exact surface area designated for it in such permit; and

Each structure, facility, improvement and advertising device shall be constructed and maintained in strict compliance with all conditions of the PD permit.

(Ord. 16.83 § 1 (part), 1991)

17.38.070 - Proceedings to zone PD.

A.

Proceedings to zone property to a planned development district may be initiated by the city council, by the planning commission or by application joined in by all of the owners of the territory covered by the application.

B.

The provisions of Chapters 17.38 and 17.39 shall be applicable to planned development zonings and shall prevail over conflicting provisions of Title 17.

(Ord. 16.83 § 1 (part), 1991)

17.38.080 - Planning commission recommendations.

A.

Within a reasonable time after its hearing on such proceedings, the planning commission shall submit to the city council a written report of its recommendation on the matter. The commission may:

1.

Recommend that the property be zoned to the planned development district as proposed;

2.

Recommend that the property be zoned to the planned development district and recommend such changes to the proposed zoning as it deems appropriate. Without limiting the generality of the proceeding sentence, the commission may recommend that the city council:

a.

Zone all or only part of the property to the planned development district;

b.

Provide a base district zoning which differs substantially from the proposed base district zoning; and

c.

Include a general development plan which differs substantially from the proposed general development plan.

B.

The commission shall set forth the reasons for whatever recommendations it makes. The recommendations of the commission shall be advisory only and shall not be binding upon the city council in any way whatsoever.

(Ord. 16.83 § 1 (part), 1991)

A.

Within a reasonable time after the conclusion of its hearing on the matter, the city council shall take action on the application and the recommendations of the commission. The council may:

1.

Approve the proposed zoning to the planned development district;

2.

Deny the proposed zoning to the planned development district;

3.

Adopt an ordinance changing the proposed zoning in whatever way it deems appropriate regardless of how substantially this may differ from the proposed zoning. Without limiting the generality of the preceding sentence, such ordinance may:

a.

Zone all or only part of the subject territory to the planned development district,

b.

Provide a base district zoning which differs substantially from the proposed base district zoning, and

c.

Include a general development plan which differs substantially from the proposed general development plan.

B.

Failure of the city council to take any action within sixty days after the close of its hearing on the matter shall constitute a denial of any such zoning for the subject territory.

(Ord. 16.83 § 1 (part), 1991)

Chapter 17.39 - DEVELOPMENT PERMITS

Article I. - General Provisions

For purposes of this chapter, planned development permits are development permits. Different or additional permits may be required for particular uses. It can be determined whether such other permits are required by reference to the zoning district provisions applicable to the subject property.

Planned development permits run with the land, and all persons who, at any time, use or have an interest in the subject property are bound to comply with all requirements, conditions, and obligations of such permits.

(Ord. 16.83 § 2 (part), 1991)

17.39.020 - Applications.

A.

Applications for planned development permits, approvals or appeals filed pursuant to this chapter shall be filed with the director of planning. The form of such application and the information and data required to be set forth thereon shall be as prescribed by the director.

B.

A separate application shall be filed for each site. Each application shall be signed by all owners of the real property included in the site or by a person having the lawful power of attorney. The application may designate an agent who has full authority to act on behalf of the applicant, except that the agent may not sign the application, acceptance or withdrawal.

(Ord. 16.83 § 2 (part), 1991)

Every application, other than for an appeal, shall be subject to the environmental review process of the city.

(Ord. 16.83 § 2 (part), 1991)

17.39.040 - Application received.

No application shall be deemed received until the following have been provided:

A.

All fees for the application as set forth in the schedule of fees established by resolution of the council have been paid. No fee shall be deemed paid until any negotiable instrument has been cleared and funds received on the city's account.

B.

All documents specified as part of the application in this chapter or specified on the application form have been filed.

(Ord. 16.83 § 2 (part), 1991)

A.

No later than thirty calendar days after the application has been received, (in accordance with Section 17.39.040 above) by the planning department, the director shall notify the applicant if it is determined that the application is not complete. Said determination shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete, including a list and thorough description of specific information needed to complete the application.

B.

No later than thirty calendar days after the submittal of additional information in response to notification pursuant to subsection A above, the director shall notify the applicant if it is determined that the application is still not complete. Said determination shall specify those parts of the application which are incomplete and shall indicate the manner in which it can be made complete including a list and thorough description of specific information needed to complete the application.

C.

If the determination, pursuant to subsections A and B above, is not made within the thirty calendar-day period, the application, together with the submitted materials, will be deemed complete and the application shall be eligible for hearing on the merits. Nothing herein shall preclude the director, design review board, the planning commission or the city council from denying the application on the grounds that the information provided is inadequate to demonstrate that the application should be approved in accordance with this title.

D.

Nothing herein precludes an applicant from waiving the right to a determination of incompleteness or from extending the period of time for a determination of completeness.

(Ord. 16.83 § 2 (part), 1991)

17.39.060 - Appeal of determination of incompleteness.

A.

The determination of incompleteness by the director may be appealed in writing to the planning commission.

B.

The planning commission shall review the submitted documents at a public hearing and shall issue a final written determination not later than sixty days after the receipt of the written appeal, unless the applicant agrees to extend the time period.

C.

If the determination, pursuant to this section, is not made within the sixty-calendar-day period, the application together with the submitted materials will be deemed complete and the application shall be

eligible for hearing on the merits. Nothing herein shall preclude the director, design review board, the planning commission or the city council from denying the application, on the grounds that the information provided is inadequate to demonstrate that the application should be approved in accordance with this chapter.

(Ord. 16.83 § 2 (part), 1991)

Whenever the director of planning, the planning commission or the city council holds a public hearing under this chapter, notice shall be given in accordance with Section 17.50.090 of this title.

(Ord. 16.83 § 2 (part), 1991)

A.

The application may be amended only with the consent of the decision maker (the director, the planning commission or the city council) before whom the matter is pending except where:

1.

A change in boundaries would result in a change in the requirements for notice pursuant to Section 17.39.070; or

2.

A change is determined by the director not to be covered by the environmental review prepared for the application.

B.

The applicant may withdraw the application only with the consent of the decision maker before whom the matter is pending. When the application is withdrawn, the proceeding thereon shall terminate.

(Ord. 16.83 § 2 (part), 1991)

A.

The director, design review board, planning commission or the city council in granting any planned development permit pursuant to this chapter, may issue it subject to such conditions as they may deem reasonably necessary to secure the general purposes of this title. Without limiting the generality of the preceding sentence, such conditions may include modifications to the elevations, locations, and orientation of structures and other site elements proposed in the application, limitations on use, time limitations on the commencement and completion of the work covered by the planned development permit, public facilities dedications and improvements.

B.

Certain conditions may be imposed by the director, design review board the planning commission or the city council as conditions prior to release of permit. Such conditions are conditions precedent to the effectiveness of the permit. In such cases, the director shall receive the acceptance as set forth in Section 17.39.210, but shall maintain custody of the permit and no certificate of permit shall be recorded until said condition has been satisfied.

C.

Each planned development permit issued pursuant to this chapter shall be subject to revocation for violation of any of its provisions or conditions.

(Ord. 16.83 § 2 (part), 1991)

A.

If a planned development permit is issued, irrespective of whether it is issued by the director, the planning commission, or the city council, it shall contain among its terms, provisions, and conditions, a permit development plan for the use and development of the property covered thereby and, unless expressly exempted by the director, such permit development plan shall set forth and delineate:

1.

The location and dimensions of the property included in the application,

2.

The location and dimensions of all things which comprise the permit development plan including all existing and proposed subdivisions of land; all public and private uses, all things to be constructed or planted, all paving, and all things which will be situated or done on the property including, but not limited to, without limiting the generality of the foregoing:

a.

All lots,

b.

All buildings and other structures,

c.

All public open space and all common private open space,

d.

Each different public or private use and the location and dimensions of the area to be devoted to each such use, provided that if an area is to be devoted to more than one use, each separate use of such area shall be

shown and if a specific portion of such area is to be used for a particular use (or uses) such particular use (or uses) and the specific portion of the area to be devoted thereto shall be shown, the percent of the total area for each use, including public and private uses,

e.

All freeways, all public and private streets, pedestrian ways, utility, flood, drainage and sewer easements and right-of-way, and all other public or private easements and rights-of-way of any kind,

f.

All off-street parking, driveways, and off-street loading areas, including surface cross-section drawings,

g.

A landscaping and irrigation plan for all open space,

h.

The grades and locations of all on-site drainage facilities, and

i.

Any previously issued and effective planned development permit,

j.

Grading plan,

k.

Lighting plan,

l.

Planned sign program (if applicable);

3.

The use which will be made of each building and each other structure—except buildings or other structures which may be built by city on public space—to be constructed on the property, provided that if the entire building or other structure is not to be devoted to a single use, then each different use and the location and dimensions of the portion of the building or other structure to be devoted to each such use shall be set forth and delineated;

4.

The location, size, shape, total floor area, elevations, materials, color, and architectural character of each structure, including but not limited to fences, enclosures, and patios, which will be situated or constructed on the property;

5.

A statement of the total area of the property expressed in acres and in square feet;

6.

Tables showing:

a.

The total number of each type of dwelling unit, and

b.

The total amount of space for multiple residential use and for each separate nonresidential use;

7.

A statement of the number of regular, compact and handicapped off-street parking spaces for each separate use;

8.

A development schedule setting forth any phasing of construction;

9.

A plan indicating the location and type of fixtures for exterior lighting;

Uses adjacent to the site;

11.

Vertical scale of proposed development;

12.

All setbacks; and

13.

Such other things as the director, the design review board, the planning commission or the city council issuing the permit may require.

B.

Any existing use, structure, sign, ingress or egress not specifically delineated on the plan shall not be allowed after the development permit has been effectuated.

(Ord. 16.83 § 2 (part), 1991)

The approval, denial or any condition placed upon the approval of any planned development permit may be appealed in accordance with Section 17.50.060.

(Ord. 16.83 § 2 (part), 1991)

It shall be a violation of this title for any person who has signed the acceptance of a planned development permit issued pursuant to this chapter to fail to secure any public improvements required by said permit within the time period specified in the permit. If no time period is specified therein, the time period for completion of improvements shall be deemed to be one year from the issuance of a building permit unless an extension has been granted in writing by the director of planning or, if no building permit is required, one year from the issuance of the planned development permit.

(Ord. 16.83 § 2 (part), 1991)

It is a violation of this title for any person responsible for construction, including, but not limited to the permit holder and any contractor thereof, to fail to keep the public right-of-way free from construction dirt and debris. All on-site construction debris shall be removed at least weekly.

(Ord. 16.83 § 2 (part), 1991)

It is a violation of this title for any property owner or other person in control of any lot to fail to maintain any landscaping required by a planned development permit issued pursuant to this chapter. Any vegetation required by a planned development permit which is dead or dying shall be replaced as required by the city.

(Ord. 16.83 § 2 (part), 1991)

The director may issue a notice of noncompliance for any failure to comply with any requirement of this chapter or any condition of a planned development permit issued pursuant to this chapter. Such notice shall be sent by certified mail to all property owners and to any agent or real party in interest at the address shown for such parties on the permit. In addition, a notice will be sent to any successor in interest to the real property as shown on the last equalized assessment roll adopted by the county. If the noncompliance is not abated, corrected, or rectified within the time specified by the director in said notice, the director may issue an order to show cause why such development permit shall not be revoked, suspended or modified.

(Ord. 16.83 § 2 (part), 1991)

At the time specified in the order to show cause, or at such later time to which the matter is continued, the planning commission shall hold a hearing to determine if the planned development permit shall be revoked.

The procedures set forth in this chapter for the processing of an application for a planned development permit shall equally apply to a hearing on an order to show cause except as hereinafter expressly set forth. The planning commission may revoke, modify or amend any planned development permit for noncompliance. The decision of the planning commission shall be final for all planned development permits.

(Ord. 16.83 § 2 (part), 1991)

A.

When a determination to revoke a planned development permit has become final, the city shall file a revocation certificate with the county recorder.

B.

Any building or structure built under a planned development permit which is later revoked shall be deemed to be in violation of this chapter and this title as if no such planned development permit had ever been issued.

C.

Irrespective of prior permits issued, it shall be a violation of this code to utilize any property for which planned development permit has been revoked, for any purpose which requires a planned development permit under this title, without obtaining a new planned development permit pursuant to this chapter.

(Ord. 16.83 § 2 (part), 1991)

Any planned development permit holder may, at any time, file an application form for a permit amendment with the director. An amendment shall mean any addition, deletion, or modification of any condition in the planned development permit or the permit development plan upon which the permit is based, provided that such amendment does not alter the general character, use, or intensity of the development permit to be amended.

The procedures set forth in this chapter for the processing of and application for a planned development permit shall equally apply to an application for amendment except as hereinafter expressly set forth. The review of the application for an amendment shall be limited to consideration of those conditions or specifications proposed to be amended in the application.

(Ord. 16.83 § 2 (part), 1991)

A.

The director of planning may, at his sole discretion, approve adjustments for the following:

1.

Changes to an approved planned development permit but only for minor modification of architectural elements or landscape details, (including but not limited to minor storefront alterations, relocations of doors, equipment screening, minor landscape furniture and structures, benches, small trellises, and planters) which do not affect the use, intensity, general character, architectural style, circulation or other site function of the project;

2.

Signs which conform to an approved sign program, minor changes to approved sign programs and simple sign programs when such approval is required as a condition of a planned development permit;3.For planned development residential projects only: single-family residences, additions, accessory buildings or such minor structures as trellises, patio covers, swimming pools and decks where such structures are permitted by an existing effective planned development permit.

B.

An application for an adjustment must be filed on the form provided by the director and accompanied by the fees as set forth in the schedule of fees adopted by resolution of the city council. The director, in his discretion, may refer any adjustment required to the design review board for input and recommendation prior to a final decision on the adjustment. The decision to grant, deny or condition an adjustment is an administrative determination and requires no hearing or notice. The action of the director shall be final.

However, nothing herein shall preclude the applicant from thereafter filing an application for an amendment pursuant to Section 17.39.190.

(Ord. 16.83 § 2 (part), 1991)

A.

After the time for any appeal has expired and before the expiration of thirty days after the issuance of a planned development permit, all owners or tenant applicants of the property covered thereby, in writing, on a form provided by the city, must accept the planned development permit and agree to be bound by, comply with, and do all things required of them by all of the terms and provisions of this chapter and title applicable to such planned development permits.

B.

No planned development permit shall have any force or effect prior to the time that such fully signed acceptance has been submitted to the director of planning and a certificate recorded pursuant to Section 17.39.220. If such acceptance is not submitted before the expiration of said thirty-day period, it shall not thereafter be accepted and the permit shall thereupon lapse and be null and void.

(Ord. 16.83 § 2 (part), 1991)

Upon acceptance, in accordance with Section 17.39.210, fulfillment of all conditions set forth in Section 17.39.100 and the payment of recordation fees, a certificate identifying the development permit shall be recorded by the city. The permit shall become effective upon recordation and the rights and restrictions shall run with the land.

If any planned development permit is revoked, a certificate of revocation shall be recorded with the county recorder's office.

(Ord. 16.83 § 2 (part), 1991)

No person shall use, maintain, or suffer the use or maintenance of any real property which is the subject of a valid PD permit, except in full and complete compliance with this chapter and in precise conformity to all the requirements and conditions of any planned development permit issued pursuant to this chapter.

(Ord. 16.83 § 2 (part), 1991)

No remedy provided in this chapter shall preclude limit or supersede the ability of the city or any member of the public to seek any other remedy otherwise available at law for any such violation of the chapter or for any nuisance created by any use subject to a planned development permit.

(Ord. 16.83 § 2 (part), 1991)

For purposes of this chapter, a nuisance shall mean any act or omission which obstructs or causes substantial inconvenience or damage to the public or any member thereof, in the course of, or by the manner of, the exercise of rights created by the grant of the planned development permit.

(Ord. 16.83 § 2 (part), 1991)

The filing fees charged to defray the city's costs and the expense of conducting the proceedings under this chapter shall be as set forth in the schedule of fees established by resolution of the city council.

(Ord. 16.83 § 2 (part), 1991)

Article II. - Planned Development Permits

The provisions of this article shall apply to and govern the issuance of planned development permits, commonly referred to as "PD permits" for planned developments in combined base and planned development districts, hereinafter also referred to in this article as "combined districts" or "planned development zonings." A planned development permit is a use permit as well as a permit which addresses aesthetic and functional aspects of development.

(Ord. 16.83 § 2 (part), 1991)

Unless the base zone is being utilized:

A.

No building or structure shall be erected, constructed, enlarged, placed or installed or moved onto any site nor shall there be any exterior alteration of any structure which is in a planned development district, and no building permit or installation permit shall be issued for such work, except pursuant to and in accordance with a planned development permit.

B.

No use shall be added, changed, modified, enlarged or altered on any site which is in a planned development district except pursuant to and in accordance with a planned development permit.

C.

A planned development permit may be issued for all or any part of the property located in a planned development district.

(Ord. 16.83 § 2 (part), 1991)

A.

An application for a planned development permit shall be filed only when the property covered thereby is located in planned development zoning district.

B.

An application for a planned development permit may be filed at any time after the city council has adopted a planned development zoning ordinance on which the application for the planned development permit is based.

However, no hearing may be held on such application until the zoning ordinance has become effective.

(Ord. 16.83 § 2 (part), 1991)

Pursuant to and in accordance with the provisions of this article, the director, or the planning commission on appeal from the director's action, may issue planned development permits. Under no circumstances shall any applicant have the right to have a planned development permit issued for any property in a planned development district and nothing contained in this article shall, in any event or under any circumstances, be deemed or construed to confer on any applicant the right to have a planned development permit issued for any property.

(Ord. 16.83 § 2 (part), 1991)

A.

Upon finding an application for a planned development permit complete pursuant to Article I of this chapter, the director shall review the application and shall set a public hearing on the application.

B.

The director shall cause notice of the time and place at which all persons may appear before the director and be heard to be given in accordance with Section 17.39.070.

(Ord. 16.83 § 2 (part), 1991)

17.39.850 - Findings required for issuance.

A.

The director or the planning commission on appeal, may issue a planned development permit only if all of the following findings are made:

1.

The planned development permit, as issued, furthers the policies of the general plan;

2.

The planned development permit, as issued, conforms in all respects to the planned development zoning of the property;

3.

The interrelationship between the orientation, location, mass and scale of building volumes, and elevations of proposed buildings, structures and other uses on-site are appropriate, compatible and aesthetically harmonious;

4.

The environmental impacts of the project have been reviewed and considered.

B.

The planning commission or the city council shall deny the application where the information submitted by the applicant and/or presented at the public hearing fails to satisfactorily substantiate such findings.

(Ord. 16.83 § 2 (part), 1991)

Any action taken by the director under this article may be appealed to the planning commission by filing, with the director of planning, a written notice of appeal as provided in Section 17.50.060.

(Ord. 16.83 § 2 (part), 1991)

After a hearing on an order to show cause pursuant to Section 17.39.170, the commission at its discretion may revoke, suspend, or modify any planned development permit upon finding that:

A.

A violation of any condition of the planned development permit was not abated, corrected or rectified within the time specified on the notice of violation; or

B.

A violation of any city ordinance or state law was not abated, corrected or rectified within the time specified on the notice of violation; or

C.

A use as presently conducted creates a nuisance.

(Ord. 16.83 § 2 (part), 1991)

Amendment may be granted at the discretion of the director or planning commission on appeal upon a finding that the amendment does not negate any findings required by Section 17.39.850.

Nothing in this section shall preclude the director or planning commission from making reasonable modifications, additions or deletions to any condition in order to protect the public peace, health, safety, morals or welfare.

(Ord. 16.83 § 2 (part), 1991)

The director shall not issue a planned development permit providing for public open space, and no planned development permit issued by the director which provides for public open space shall be valid, unless before the issuance of such permit, the city council shall have approved the provisions of such public open space and the size, shape, location, and dimensions thereof.

As used in this article, "public open space" means public park or playground land which shall be owned in fee by the city.

The city's title to and ownership of public open space shall be vested and complete as soon as such public open space shall have been conveyed to city pursuant to the provisions of any planned development permit, and immediately upon such conveyance city shall have exclusive right to the possession and use of

such public open space for public park or playground purposes, including, without limiting the generality of the foregoing, the right to construct buildings or structures thereon for such purposes; and nothing contained in this article or in any other title, chapter or section of this code, shall be construed to defeat the title or ownership of city to any public open space which shall have been conveyed to city, nor to deny city such right of possession and use.

(Ord. 16.83 § 2 (part), 1991)

Any use permitted by this article shall be conducted in full compliance with all local and state laws. Any permit hereunder is subject to revocation if it is conducted in such a manner as to cause a nuisance as defined by Section 17.39.250 of this chapter.

(Ord. 16.83 § 2 (part), 1991)

In addition to conditions as set forth in Section 17.39.100, a planned development permit for the relocation of a building or part thereof may be conditioned upon the applicant providing a cash deposit, letter of deposit, or some equivalent satisfactory to the director of planning, ensuring that all work permitted and/or required by the planned development permit be completed in a timely manner. The permit shall include time limitations on the commencement and completion of the relocation, and on the commencement and completion of any required architectural and other required improvements.

(Ord. 16.83 § 2 (part), 1991)

Chapter 17.40 - HR HILLSIDE RESIDENTIAL COMBINING DISTRICT REGULATIONS, INCLUDING ALL RESIDENTIAL ZONING DISTRICTS WITH GREATER THAN TEN PERCENT SLOPE

The HR district is a combining district and is intended to apply to all residential land and parcels in (or within) the city with an average slope greater than ten percent, as determined by the formula in Section 17.40.020 of this chapter. The HR district is designed to provide for an orderly, harmonious development of the foothills and mountains, resulting in a minimum amount of disturbance of the natural slope; to encourage and provide incentives for excellence in design principles and engineering techniques; and to provide for a variety of dwelling types where consolidation of parcels and unified development are most appropriate. Development shall be sensitive to the steepness of the terrain in order to minimize grading, removal of vegetation, run-off erosion, geologic hazards and fire hazards, and to help ensure utilization of land in balance with its natural capabilities to support development. The intent of this chapter is that grading be limited to that which is necessary to accommodate buildings, roadways, utilities, drainage systems and driveways and that plans be stepped to minimize grading. Furthermore, the HR combining district is established in order to implement the open space element of the General Plan and is directed to the preservation and conservation of natural vegetative and topographic features and open space.

(Ord. 16.76 § 1 (part), 1989)

The average slope(s) of the parcel being considered shall be determined by applying the following formula:

==> picture [72 x 30] intentionally omitted <==

Where:

The formula may be applied to the net site area. "Net site area" excludes stream channels and adjacent areas where no construction can occur. If net site area is to be used, the area to be excluded shall be shown on a site plan and permanently restricted from construction pursuant to Section 17.46.150 of this title.

The following illustrations present examples of slopes.

A Comparative Definition of Slope

(Percent Slope vs. Degree of Slope)

As defined in the General Plan, "slope" is the natural or artificial incline of ground, with the degree of incline numerically expressed as "percent of slope," or the vertical rise divided by the horizontal run.

Figure 17.40.020A Slope Example A

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Figure 17.40.020B Slope Example B

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No development proposal shall be approved and no grading or tree removal in connection with such development shall take place until plans thereof have been approved by the city. Except, as otherwise specifically provided in this chapter, the standards and requirements set forth herein shall be considered and applied by the planning commission or city council, as appropriate, in considering development proposals in the HR district. These standards and requirements shall apply in addition to and not in lieu of, the standards and requirements of the base zoning district; provided, however, that in the event of a conflict, the standards and requirements of this chapter shall prevail. The design and siting of buildings and structures shall be compatible with the natural landscape. Site layout and preparation for the building, structures, driveways and roads shall be designed so as not to substantially disrupt the natural silhouette of prominent ridges, ridge lines or surrounding terrain. The planning department shall consider, as part of its review, measures to mitigate the impact of the issues noted above, including, but not limited to, lot configuration, erosion control measures; landscaping, berms and other screening methods; retaining walls to reduce graded slopes; and lowering of building profiles.

(Ord. 16.76 § 1 (part), 1989)

• 17.40.040 - Submittal requirements for subdivision of hillside residential property.

In connection with the subdivision of any parcel(s) in an HR district, the following submittals shall be required in addition to, and not in lieu of, any and all other development criteria and submittals prescribed in Title 16 of this code:

A.

A site development plan, drawn to scale, shall be submitted to the planning department and shall contain:

1.

The exact location of each use and structure (existing and proposed);

2.

Topographic data, including contours, tree locations, sizes and varieties (including trees to be removed and trees in and adjacent to areas to be graded), natural drainage areas and all graded slopes;

3.

Provisions for the retention of existing vegetation and land forms, including erosion control measures;

4.

Grading information illustrating the extent of all graded slopes (cut and fill). Graded slopes shall be representative of adjacent topography and shall, insofar as is reasonably practical, be an extension of the natural contours, designed to minimize cuts and fills and to avoid erosion, flooding, slides and other hazards;

5.

Location of existing and proposed easements for water, sewer and other utility services; the location of existing and proposed streets; and the location of other access routes which traverse the parcel which shall be engineered to eliminate the risk of failure or collapse, shall be set back from hazard areas and shall be in accord with the geologic and soils investigation report and recommendations;

6.

Cross-section showing maximum proposed cut and fill for all proposed streets;

7.

Such other information as the planning department may require.

B.

A preliminary geologic and soils investigation report prepared by a registered engineering geologist certified by the state or by a registered civil engineer qualified in soils mechanics by the state, shall be filed in

conjunction with the site development plan and shall fully and clearly present all of the following, unless the planning director determines that existing information pertinent to the subdivision makes the preliminary analysis or any part thereof unnecessary:

1.

All pertinent data, interpretations and evaluations based on the most current professionally recognized soils and geologic base data pertaining to the subject site;

2.

The significance of the data, interpretations and evaluations with respect to the actual development or implementation of the intended land use through the identification of any significant geologic problems, critically expansive soils, or other unstable soil conditions which, if not corrected, might lead to structural damage or aggravation of future geologic problems, both on and off the site;

3.

Recommendations for corrective or mitigation measures deemed necessary to prevent or significantly mitigate potential damage to the proposed project and adjacent properties or to otherwise insure safe development of the parcel; and

4.

Recommendations for additional investigations that should be made to insure safe development of the parcel.

(Ord. 16.76 § 1 (part), 1989)

17.40.050 - Development standards.

A.

Mandatory Conditions for the Creation of New Building Sites.

1.

No new lots shall be created with an average slope of forty percent or more.

2.

No new lots shall be created with an average slope of the building envelope exceeding twenty-five percent unless an engineering geology report finds the site to be suitable for such construction.

3.

Grade of access road and driveway: No private access roadway to or on any site exceeding one hundred fifty feet in length shall exceed a grade of fifteen percent along the length of the pavement without specific approval of the planning commission.

B.

Mandatory Conditions for Existing Lots of Record.

No structures or driveways shall be proposed on building pads with an average slope of forty percent or more.

2.

Building sites with an average slope exceeding twenty-five percent shall have an engineering geology report prepared. Said report must find the site to be suitable for all construction proposed.

3.

No driveway to or on any building site shall exceed a grade of fifteen percent along the length of the pavement without specific approval of the planning commission.

C.

Clustering of Dwelling Units. Dwelling units may be clustered pursuant to the regulations for a planned unit development (Chapter 17.38 of this code). Such approval shall be based upon a finding that the clustering of dwelling units will significantly promote the purposes of this chapter while allowing reasonable use and enjoyment of the site, in addition to other findings required in connection with a PUD permit.

D.

Grading Standards. Grading standards contained in this section shall apply to existing lots or building sites as well as to the creation of new building sites. All grading shall be in conformance with these standards. These standards are in addition to, and not in lieu of, standards and regulations set forth in Section 15.04.080(G) of this code.

1.

Grading shall be limited to the minimum necessary for development of roads, building sites, utilities and driveways. Portions of a site exceeding thirty percent slope shall not be graded without approval by the planning commission. Mass grading which would unreasonably affect the natural character of the area shall not be permitted.

2.

Visible cut or fill slopes shall not exceed three horizontal to one vertical (3:1); provided, however, that slopes as steep as two horizontal to one vertical (2:1) may be approved by the planning commission upon a finding that the appearance or stability of the completed project will be superior to the result that would be obtained by adhering to the three horizontal to one vertical (3:1) standard.

3.

Grading shall not be allowed in creek and drainage areas without first referring the grading application to the Department of Fish and Game, as required by law. An easement over natural drainage channels may be required to be designated for open space purposes and a storm drainage easement with respect thereto may be required, as the same are deemed necessary and appropriate for the protection of natural drainage channels as well as for protection of surrounding areas from erosion and diversion of stream channels and the like.

4.

In addition to the variances that may be granted pursuant to Section 17.50.010 of this title, the planning commission shall have authority to grant variances from the grading regulations contained in this section.

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

Each application for a building permit shall, in addition to all other applicable rules, regulations and processes, be subject to the development standards of the underlying zoning district in which the lot is located. In addition, the following regulations apply:

A.

Each application for a building permit shall be reviewed by the planning director and a determination made as to conformance with the following criteria:

1.

Avoid Unreasonable Interference With Views and Privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to the nature and location of residential structures on adjacent lots, will avoid unreasonable interference with views and privacy;

2.

Preserve Natural Landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas;

3.

Minimize Perception of Excessive Bulk. The proposed main or accessory structure in relation to the immediate neighborhood will minimize the perception of excessive bulk;

4.

Compatible Bulk and Height. The proposed main or accessory structure will be compatible in terms of bulk and height with existing residential structures within the immediate neighborhood and within the same zoning district, and shall not unreasonably impair the light and air of adjacent properties nor unreasonably impair the ability of adjacent properties to utilize solar energy;

5.

Current Grading and Erosion Control Standards. The proposed site development or grading plan incorporates current grading and erosion control standards used by the city;

6.

Increased Setbacks and Height. One foot shall be added to each side yard for each one foot of height above which the top plate line exceeds fifteen feet in height;

7.

Subfloors Clearance. All new primary structures and accessory structures or additions thereto, shall be designed to follow the slope of the site so as to reduce the clearance between ground floor levels and finish grade to not more than four 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.

8.

Residential Design Handbook. All projects for the construction or expansion of a single-family primary structure or an accessory structure in the hillside residential combining district shall be consistent with the policies described in the Residential Design Handbook, as adopted by resolution of the city council, and as the same may be amended from time to time hereafter. Such handbook embodies and illustrates the intent of the construction criteria provisions prescribed in Section 17.40.060.

B.

Additional recommendations: The planning director may refer the application to another department, commission or qualified professional for a report and recommendation.

C.

Decision by planning director: The planning director shall render his decision within thirty days after the building official has accepted the application as complete. The planning director may determine that the application conforms to the criteria set forth in subsection A of this section, or may determine to impose reasonable conditions on the application to ensure such conformance, in which case the application shall be as conditioned. In the event the planning director determines that the application does not conform and cannot be conditioned to conform no building permit shall be issued.

D.

Appeals: Any person objecting to a decision by the planning director made pursuant to any of the provisions of this chapter may appeal such decision to the planning commission by filing an appeal application with the secretary of the planning department, in accordance with Section 17.50.060 of this title.

E.

The regulations and determinations contained in this section with respect to a building permit application are supplemental to and not in lieu of any regulations, approvals, processes and reviews required under any applicable ordinance law or code, including but not limited to the rules and regulations set forth in Chapter 15.04 of this code and the approval of the building official.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.78 § 1, 1990; Ord. No. 16.142, § 52, 12-4-2024)

17.40.070 - Variances.

A.

The planning commission may grant a variance to the regulations prescribed herein pursuant to Section 17.50.010 of this code. In addition to the findings required by Section 17.50.010(E), the planning commission must find that the variance is required in order to further the purpose of the hillside overlay zone and to achieve compliance with one or more of the following guidelines and criteria:

1.

To preserve trees and tree clusters;

2.

To minimize grading;

3.

To minimize site disruption;

4.

To minimize the distance from public services;

5.

To maximize access;

6.

To minimize paving and other erosion-producing activities;

7.

To avoid hazardous and sensitive areas;

8.

To protect critical features of the natural landscape;

9.

To protect the existing topographic character of a parcel or area; and

10.

To protect the view of and from the steeper slopes in the city.

B.

In granting a variance to the regulations of this chapter, the planning commission may find it necessary to require a change to a lot size or to the density allowed by the zoning district.

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.41 - HOUSING ELEMENT OPPORTUNITY SITE COMBINING DISTRICT[[1]]

Footnotes:

--- ( 1 ) ---

Editor's note— Ord. No. 16.142.1, § 11, adopted June 18, 2025, amended Ch. 17.41 in its entirety to read as herein set out. Former Ch. 17.41, §§ 17.41.010—17.41.050, pertained to similar subject matter, and derived from Ord. No. 16.142, § 54, adopted Dec. 4, 2024.

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.

(Ord. No. 16.142.1, § 11, 6-18-2025)

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.

(Ord. No. 16.142.1, § 11, 6-18-2025)

17.41.030 - Permitting process.

A.

Affordable Housing. The following permitting requirements apply to a proposed multiple family residential development project with twenty 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.

(Ord. No. 16.142.1, § 11, 6-18-2025)

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 seventy 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.

(Ord. No. 16.142.1, § 11, 6-18-2025)

17.41.050 - Development standards.

A.

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

Table 17.41-1: HE Combining District Standards

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 sixteen dwelling units on each development site regardless of lot size.

[4] Plate height greater than thirty-five feet for vertical mixed-use development is permitted only if floor to ceiling height of ground floor commercial space is twelve feet or greater.

B.

Deviations:

1.

If a development standard that applies 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.

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 community development director may defer final decision on a requested deviation to the planning commission.

(Ord. No. 16.142.1, § 11, 6-18-2025)

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.

2.

All proposed units are deed restricted affordable for no fewer than fifty-five years.

a.

Rental units shall be made affordable to households earning no more than eighty percent of the county's area median income.

b.

Ownership units shall be made affordable to households earning no more than one hundred twenty percent 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 eighty-five 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 one hundred 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.

(Ord. No. 16.142.1, § 11, 6-18-2025)

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.

(Ord. No. 16.142.1, § 11, 6-18-2025)

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

(Ord. No. 16.142.1, § 11, 6-18-2025)

Chapter 17.42 - FW FLOODWAY COMBINING DISTRICT REGULATIONS

The FW combining district is intended to apply to all lands designated on the federal flood insurance rate maps (FIRM) (effective October 18, 1983) as being within the one-hundred-year flood zone (an area of special flood hazard). It is the purpose of this district to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific areas by establishing provisions designed to:

A.

Protect human life and health;

B.

Minimize expenditure of public money for costly flood control projects;

C.

Minimize the need for rescue and relief efforts associated with flooding;

D.

Minimize prolonged business interruptions;

E.

Minimize damage to public facilities and utilities such as water and gas mains; electric, telephone and sewer lines; and streets and bridges located in areas of special flood hazard;

F.

Ensure that potential buyers are notified that a parcel is in an area of special flood hazard; and

G.

Ensure that those who occupy areas of special flood hazard assume responsibility for their actions.

(Ord. 16.76 § 1 (part), 1989)

17.42.020 - Definitions.

All terms used in this chapter shall be as defined in Chapter 15.16 of this code.

(Ord. 16.76 § 1 (part), 1989)

17.42.030 - Establishment and designation.

A.

The FW district shall consist of the special flood hazard area, as defined and set forth in Chapter 15.16 of this code.

B.

The FW district is established only in conjunction with other districts. The FW district designation shall be combined with whatever other district designation is applicable to the area in which the FW district is established.

C.

FW districts shall only be applied in areas of the city which are delineated as special flood hazard areas on the FIRM map for the city, referenced in Chapter 15.16 of this code.

(Ord. 16.76 § 1 (part), 1989)

17.42.040 - Development standards.

In all areas of special flood hazard, as defined above, the provisions of Chapter 15.16 of this code (which are hereby incorporated herein by reference) as the same presently exist or may hereafter be amended shall apply to all development and construction. The provisions of this chapter, as well as any other applicable provision of this title shall apply to the FW combining district, including regulations applicable to the particular district with which the FW district is combined; provided, that where a conflict occurs between the regulations and provisions of this chapter and those elsewhere set forth in this title, the provisions and regulations of this chapter shall prevail.

(Ord. 16.76 § 1 (part), 1989)