Chapter 17.48 — NONCONFORMING USES, STRUCTURES AND LOTS — Scotts Valley Zoning Code

17.48.010 - Description and purpose. ¶

Where buildings or uses legally existing on the effective date of the ordinance codified in this title are not in conformity with the provisions of this title, it is the intent and purpose of this chapter to declare such buildings and uses to be nonconforming and inconsistent with the orderly development of the city and to not encourage such nonconforming uses and buildings to continue to exist.

(Ord. 16.76 § 1 (part), 1989)

17.48.020 - Continuation of existing uses. ¶

Any use, building or structure existing on the effective date of the ordinance codified in this title which does not conform with the provisions of this title for the zone in which it is located shall be deemed to be a nonconforming use, building or structure and may be continued except as hereinafter specified; provided, however, that this section does not apply to any use, building or structure established in violation of the zoning ordinance previously in effect.

(Ord. 16.76 § 1 (part), 1989)

17.48.030 - Conditional uses. ¶

Any use legally existing on the effective date of the ordinance codified in this title which was a permitted use in the zoning district in which it is located and which is now classified as a conditional use shall be considered a nonconforming use until a conditional use permit is obtained pursuant to Section 17.50.020 of this title.

(Ord. 16.76 § 1 (part), 1989)

Any existing nonconforming use of land for the purpose of above-ground bulk storage and distribution of liquified petroleum gases as identified in NFPA 58 and Uniform Fire Code Article 82 ("LPG") is hereby determined to be incompatible with the surrounding land uses and incompatible with densely populated commercial areas. To eliminate such uses, an amortization period of two years is hereby established to run from June 6, 2011, during which period of time all nonconforming LPG bulk storage and distribution facilities located in the commercial zones of the City of Scotts Valley shall be removed. Bulk storage means storage tanks that exceed a two thousand gallon capacity.

Any owner who is required to eliminate the nonconforming uses prohibited in this subsection and who believes the amortization period is not reasonable with respect to their specific nonconforming use may appeal directly to the city council. The appeal must be filed within one hundred twenty days of this section becoming effective. The appeal shall be in writing and shall include the number of years the appellant believes may be appropriate to amortize appellant's nonconforming use and competent and substantial evidence to support that time frame. The city council shall set a date to hear the appeal no sooner than ninety nor later than one hundred twenty days after the notice of appeal is filed. At the appeal hearing, the appellant shall present the evidence contained in its appeal to show how the two-year period established above is not reasonable when applied to the appellant's nonconforming use. As part of the appeal hearing,

the city or any other interested party may also present evidence to assist the council in determining whether the amortization period should be extended. Following the hearing, the council may, by resolution, determine and provide for a longer amortization period if the council finds that the longer period is found justified based upon the evidence presented.

(Ord. 16.76 § 1 (part), 1989; Ord. No. 16.131, § 1, 5-4-2011)

17.48.070 - Restoration of damaged structures. ¶

Any nonconforming building damaged more than sixty percent of its then reasonable replacement value at the time of damage by fire, flood, explosion, wind, earthquake, war, riot or other calamity or act of God shall be restored or reconstructed and used, subject to and in conformance with all the regulations specified by this title, including but not limited to the regulations of the zoning district in which the building is located; but if less than sixty percent damaged, it may be restored, reconstructed or used as before, provided, that such reconstruction shall be started within six months of such happening and prosecuted to completion within one year of such happening.

(Ord. 16.76 § 1 (part), 1989)

17.48.080 - Expansion of legal nonconforming uses and buildings or structures.

A.

Nonconforming Use. A legal nonconforming use may only be expanded by securing a conditional use permit pursuant to Section 17.50.020 of this title.

B.

Nonconforming Buildings or Structures.

1.

A building permit may be issued for a building or structure which alters a legal nonconforming building or structure only after review by the community development director. An application (on a form approved by the community development director) for an alteration to a nonconforming building or structure shall be submitted to the planning department. The application shall include all information therein requested including, but not limited to, elevations, floor plan and a site plan showing the proposed location for the addition, the location of all relevant improvements existing on the site, and the location of adjacent public or private streets, roads, alleys, rights-of-way and the like.

2.

Review of Application for Alteration of a Legal Nonconforming Building or Structure. The community development director shall review and approve, conditionally approve or disapprove all applications for a building permit, or refer an application to the planning commission for consideration. The community development director shall review each application for compliance with the provisions of this title to ensure that the additional area to be added to a nonconforming structure is in compliance with all established zoning requirements. If a structure is nonconforming due to insufficient onsite parking including compact parking spaces, the community development director will evaluate the potential for the addition to increase

eview each application for compliance with the provisions of this title to ensure that the additional area to be added to a nonconforming structure is in compliance with all established zoning requirements. If a structure is nonconforming due to insufficient onsite parking including compact parking spaces, the community development director will evaluate the potential for the addition to increase

the parking demand for the structure or building and may refer the permit to the planning commission for action. If a parking lot is to be re-striped, the compact spaces should be revised to meet the 9'x16 foot size requirement, where feasible. The community development director may attach such conditions to approval of an application as the director deems appropriate, in the exercise of reasonable discretion, to secure compliance with the purpose and intent of the provisions of this section. For commercial or industrial structures, when additions to such structures are proposed, the parking for the added use shall be at the rates and sizes provided by the current standards subject to review by the Planning Commission.

C.

Approval, Conditional Approval or Disapproval of Application for Increasing the Size of a Legal Nonconforming Structure or Building. The approval, conditional approval or disapproval of an application for a permit shall be set forth in writing by the director and shall specify in the case of approval that the application is in compliance with the provisions of this section and the conditions attached to the approval, if any, and shall specify the reasons for disapproval in the event the application is disapproved. A copy of the written decision shall forthwith be given to the applicant. The decision made by the community development director may be appealed to the planning commission.

(Ord. 16-113 § 6, 2002: Ord. 16.108 § 1, 1998: Ord. 16.76 § 1 (part), 1989)

17.48.090 - Lot line adjustments to parcels with legal nonconforming uses and/or structures, and/or substandard lot(s).

A lot line adjustment may be processed for parcels which contain a legal nonconforming use and/or structure, and/or for a substandard lot(s), when the lot line adjustment (1) does not increase the nonconformity of the legal, nonconforming use and/or structure, (2) involves already developed, substandard lot(s) which do not conform with the applicable zoning, provided, the resultant lots are not increased in nonconformity, or (3) where the lot line adjustment is necessary to eliminate an existing legal nonconforming structure, provided, the resultant lots are not increased in nonconformity. At the discretion of the community development director, lot line adjustment applications affected by this section may be submitted to the planning commission for its consideration and recommendation to the city council.

(Ord. 16.116, § 3, 3-4-2004)

Chapter 17.50 - ADMINISTRATIVE PROCEDURES, REQUIRED PERMITS AND APPEALS

17.50.010 - Variances.

A.

Purpose. The purpose of the variance procedure is to allow variation from the strict application of the terms of this title. These variances may be allowed in order to prevent or lessen such practical difficulties and unnecessary hardships inconsistent with the objectives of the zoning title as would result from a strict or literal interpretation and enforcement of the regulations prescribed by this title. These difficulties or hardships may be caused by the size, shape or dimensions of a site, the location of existing structures thereon, or from geographic, topographic or other physical conditions on the site or in the immediate vicinity. Except as otherwise specifically provided in this title to the contrary, variances may be granted to

the application of any of the regulations of this title. Variances shall not be granted for the purpose of allowing a use not permitted in the zoning district.

B.

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

C.

Application.

1.

Application shall be made to the planning commission on a form prescribed for that purpose by the city. The application shall be filed with the planning department and shall contain the following information:

a.

The name and address of the applicant;

b.

The description of the property involved and the street address, if any;

c.

All details of the proposed construction or use of such property, including information as to special circumstances, necessity, desirability and effect upon neighboring property and inhabitants;

d.

Evidence that the applicant is the owner or purchaser under contract of the property involved, is the owner of a leasehold interest, or has the written permission of the owner to make application; and

e.

Such other information as may be required by the planning department.

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

2.

I.

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

J.

Appeal. All decisions of the planning commission hereunder shall become final at the expiration of the "Time Limit on Notice of Appeal" as provided in Section 17.50.060 F unless an appeal is filed within this period of time with the city clerk. All such appeals shall be subject to the provisions of Section 17.50.060 of this chapter.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.82 § 11, 1991; Ord. 16.84 § 4, 1992; Ord. No. 16-122, § 4, 5-3-2006)

17.50.015 - Large family child care homes.

No person shall operate a large family child care home without obtaining a large family child care home permit in compliance with the standards set forth within this subsection.

1.

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

2.

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

property within a one hundred foot radius of the exterior boundaries of the proposed large family child care home.

3.

No hearing shall be held before a decision is made on the application, unless a hearing is requested by the applicant or other affected person. (For purposes of this subsection, "affected person" means a person who owns property or lives within a one hundred foot radius of the proposed large family child care home.) If a hearing is requested, it shall be conducted by the planning commission, and the community development director shall give notice of the hearing by mail or delivery to all owners shown on the last equalized assessment roll as owning real property within a one hundred radius of the exterior boundaries of the proposed large family child care home.

4.

The community development director, planning commission or the city council shall grant a large family child care permit to the applicant upon finding that the proposed large family child care home:

a.

Conforms with all applicable city restrictions and regulations on yards, building height, setback, and lot coverage standards in the zone in which the residence is located. Legally nonconforming structures and uses shall be deemed to conform for purposes of this finding.

b.

Is either situated on a lot zoned for single family dwellings or meets a minimum standard of seventy-five square feet of outdoor activity space for each child. The outdoor area must be owned or leased by the applicant and cannot be shared with other property owners unless permission is granted by the joint owners.

c.

Is not located within a five hundred foot radius of the exterior boundaries of any existing large family child care home or child care center.

d.

Provides a least two parking spaces for customers during the family day care home's hours of operation, and provides parking for any employees of one off street parking space for employees who are not permanently residing at the house. The parking spaces shall be in a manner to be readily and safely utilized by the customer(s). The required parking spaces may be located on the street along the property frontage (off-site) or on the driveway (on-site). The following are examples of acceptable parking areas:

1.

On street parking areas along the property frontage,

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

3.

A private driveway exclusively serving a single dwelling unit such as a single family home.

e.

Complies with the following limitations when the dwelling unit is provided with a private driveway and/or garage:

1.

If the driveway is specified as the parking area for the use of the large family child care home, the driveway shall remain clear and available for customer(s) during the hours of operation; the parking spaces shall not be used by the property owner or child care home operator or employees during the hours of operations,

f.

Provides adequate access to the facility with minimal disruption to local traffic and circulation, including safe and adequate drop-off/pick-up areas, such as curb spaces and driveway areas that are of sufficient size and are located to avoid interference with traffic and to provides for the safety of children,

g.

Seeks, by design and layout of the site and considerate operational plans, to avoid noise which may be a nuisance to neighbors, consistent with local noise ordinances implementing the noise element of the general plan and taking into consideration the noise levels generated by children. Site plans revisions may be required by the community development director to minimize noise impacts, such as location of outside play areas, height and location of fences, and similar measures.

5.

As conditions of approval, the applicant shall be required to:

a.

Comply with applicable building codes,

b.

Comply with any standards promulgated by the State Fire Marshall pursuant to subdivision (d) of Section 1597.46 of the California Health and Safety Code related to large family child care homes and dwelling units, and submit a letter from the fire district approving the safety of the structure for use as a large family child care home pursuant to these standards,

c.

Be licensed or deemed to be exempt from licensor by the State of California for a large family child care home.

d.

Comply with any conditions imposed by the community development director deemed necessary to satisfy the requirements of subsection (4) of this section.

6.

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

7.

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

8.

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

9.

Large family child care homes that are licensed by the state at the time this ordinance is codified will have six months from the date of codification to register with the city as an existing non conforming use. There will be no fee for registering.

(Ord. 16.124, § 1, 9-19-2007)

17.50.020 - Conditional use permits. ¶

A.

Purpose. Use permits may be revocable, conditional or valid for a term and may be issued for any of the uses or purposes for which such permits are required or permitted by the terms of this title. Due to their unusual characteristics, conditional uses require special consideration so that they may be located properly with respect to the objectives of the zoning ordinance and with respect to their effects on surrounding properties. In order to achieve these purposes and provide the district use regulations the necessary flexibility, the planning commission is empowered to grant and to deny applications for use permits and to impose such reasonable conditions in connection with a use permit as it deems necessary to secure the purposes of this title. The planning commission may require in connection therewith guarantees and evidence that such conditions will be satisfied.

B.

Application.

1.

The name and address of the applicant;

b.

The description of the property involved and the street address, if any; assessor's parcel numbers shall suffice for purposes of this section unless only a portion of the parcel is intended for use; in such event, a metes and bounds description of the area proposed to be developed will be required;

c.

E.

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

F.

New Application.

1.

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

2.

Following the denial of a use permit application or the revocation of a use permit, no application for a use permit for the same or substantially the same use on the site shall be filed within one year from the date of denial or revocation of the use permit, unless explicitly authorized by the planning commission, or denial or

revocation of the use permit is declared to be without prejudice to the filing of a new application within one year.

G.

Revocation.

1.

Any use permit granted may be revoked by the planning commission after appropriate proceedings as provided herein upon a finding that any term or condition of the use permit is not being met. Such revocation may be initiated by the planning commission or by the planning director. The planning commission shall then set the matter for public hearing, giving notice thereof as prescribed in Section 17.50.090 of this chapter. At the time set for hearing, the commission shall receive pertinent evidence concerning the alleged violations and, upon conclusion of the hearing, shall on the basis of all evidence and testimony submitted render its decision. The decision of the commission shall be final unless appealed to the city council.

2.

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

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

2.

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

3.

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

4.

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

possible;

5.

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

6.

Ingress, egress and internal traffic circulation. All the above factors shall be related to the setting or established character of the neighborhood or surrounding area.

7.

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

8.

Arbors in front yards, over twenty square feet in roof area or between eight and ten feet in height: the design compatibility with the primary structure and structures in the neighborhood, the mass and scale of the arbor, line of sight visibility for pedestrians and motorists in addition to other applicable standards of this section.

E.

Required Findings.

1.

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

2.

For a proposed multi-unit residential project, the planning commission shall approve design review if the project complies with:

a.

The multi-unit residential design standard as adopted by city council resolution; and

b.

All other applicable objective standards, including standards in this title, the General Plan, and any applicable specific plan.

F.

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

G.

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

(Ord. 16.76 § 1 (part), 1989; Ord. 16.79 § 1, 1990; Ord. 16.82 § 13, 1991; Ord. 16.87 § 3 (part), 1993; Ord. 30.9 § 2, 1996; Ord. 16-112 § 11, 2000; Ord. No. 16-122, § 7, 5-3-2006; Ord. No. 16.142, §§ 65, 66, 12-42024)

17.50.035 - Ministerial design review.

A.

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

B.

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

C.

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

D.

Public Notice and Hearing.

1.

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

2.

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

3.

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

E.

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

F.

Appeals.

1.

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

2.

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

(Ord. No. 16.142, § 67, 12-4-2024)

17.50.040 - Home occupations. ¶

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

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

A.

No premises shall be used for a home occupation unless the user has a business license for a home occupation;

B.

The home occupation shall be clearly incidental to the use of the structure as a residential premises or dwelling;

C.

No one other than a resident of the residential premises or dwelling shall be regularly employed in the conduct of a home occupation;

D.

The equipment, materials, machinery or mechanical devices used shall have no discernible impact on the adjacent properties;

E.

The conduct of the home occupation shall not create pedestrian, automobile or truck traffic in the vicinity of the residential premises or dwelling in excess of the amount created by nearly residential properties;

F.

There shall be no use of commercial vehicles for delivery of materials or supplies to or from the premises other than usual parcel deliveries and no deliveries or customer visits between the hours of ten p.m. and eight a.m.;

G.

There shall be no operation of the home occupation or storage of materials or supplies, indoors or outdoors, in a manner which is visible from adjacent properties, walkways or streets;

H.

No advertising signs or devices other than a name plate may be displayed and the name plate shall not exceed one square foot in area and must be affixed to the residential premises or dwelling;

I.

No more than one business vehicle with a manufacturer's gross vehicle weight of more than one ton shall be kept outside the garage at the residential premises or dwelling. All parking shall be in conformance with the city's off-street parking regulations and semi-tractor trailers are strictly prohibited;

J.

No home occupation shall alter the residential character of any portion of the property;

K.

No home occupation shall be permitted which has a building/fire code rating of B2 or greater or which requires a hazardous materials permit; and

L.

Any home occupation must conform to the commercial/industrial standards contained in Section 17.44.020 of this title including Section 17.44.020(C)(3) relating to noise standards.

(Ord. 16.76 § 1 (part), 1989; Ord. 16.90 § 1, 1994)

17.50.050 - Special permits issued by community development director. ¶

Authority and Purpose.

1.

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

2.

The following uses or construction are subject to approval of a special permit prior to installation:

a.

Fences taller than three feet, but no taller than six feet, or retaining walls taller than three feet within the front yard setback of a residentially zoned parcel subject to meeting one or more of the following eligibility criteria:

1.

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

2.

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

3.

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

B.

Applications and Submittal Requirements.

1.

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

2.

H.

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

(Ord. No. 16.118, § 2, 2-2-05)

17.50.060 - Appeals.

A.

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

B.

Appeals to City Council. An appeal may be taken to the city council by the applicant or any interested person from the whole or any portion of a decision made by the planning commission, design review board,

committee or commission, officer or board of the city authorized to enforce or administer this title, pursuant to any of the provisions of this chapter, excluding tree removal permits.

C.

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

D.

Filing Notice of Appeal.

1.

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

2.

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

E.

[Reserved.]

F.

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

G.

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

H.

Review by Planning Commission.

1.

Scheduling of Hearing; Notice. Upon receipt of the notice of appeal and payment of the filing fee, the secretary of the planning commission shall schedule the matter for hearing at the next available regular meeting of the planning commission to be held within thirty calendar days after the date on which the notice of appeal is filed and the fee paid. The secretary of the planning commission shall give notice of the date, time and place of the hearing to the appellant, and to the applicant if other than the appellant, not less than ten days prior to the hearing, unless such notice is waived by the party entitled to receive the

same. If a public hearing is conducted on the appeal, notice shall be given in accordance with Section 17.50.090 of this chapter.

2.

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

3.

Decision by Planning Commission. The planning commission may affirm, reverse or modify in whole or in part the determination or decision which is the subject of the appeal, and may refer the matter back to the original maker of the determination or decision for such further action as may be directed by the commission. Where an appeal has been filed pertaining to only a portion of a determination or decision, the planning commission shall have authority to review the entire matter and may affirm, reverse or modify in whole or in part the determination or decision which is the subject of the appeal, and may refer the matter

back to the original maker of the determination or decision for such further action as may be directed by the commission. The decision of the planning commission shall be rendered by the planning commission not later than the second regularly scheduled meeting after the hearing commenced, unless by mutual agreement of the planning commission and applicant the period of time for rendering a decision is extended. The decision of the planning commission shall be in writing and shall be supported by adequate findings. The planning commission shall forthwith transmit a copy of the decision to the applicant and appellant.

I.

Review by City Council.

1.

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

2.

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

3.

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

J.

Hearing on Appeal. The city council shall have the power to continue any hearing on an appeal from time to time; provided, however, that a decision shall be rendered by the city council not later than their second regularly scheduled meeting after the hearing commenced, unless by mutual agreement of the city council and the applicant the period of time for rendering a decision is extended. When the period of time is extended, the decision of the council shall be rendered not later than the end of the extension period. In any event, upon rendering a decision, written notice thereof shall forthwith be given to the appellant and to the applicant, if different from the appellant.

(Ord. 16.82 § 7, 1991; Ord. 16.84 § 6, 1992; Ord. 16.123, §§ 55—57, 9-5-2007)

17.50.070 - Notice of hearing on appeal—Generally. ¶

Except as to those specified in Section 17.50.060 of this chapter or any other provision of this title, notice of any hearing on appeal under this title shall be given in accordance with and pursuant to the provisions of Section 17.50.090 of this chapter.

(Ord. 16.76 § 1 (part), 1989)

17.50.080 - Special consideration of appealable actions. ¶

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

(Ord. 16.76 § 1 (part), 1989)

17.50.090 - Notice of public hearing procedures—Mail or delivery.

A.

1.

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

2.

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

3.

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

4.

All owners of real property as shown on the latest equalized assessment roll within three hundred feet of the real property that is the subject of the hearing. In lieu of utilizing the assessment roll, the records of the county assessor or tax collector which contain more recent information than the assessment roll may be utilized. If the number of owners to whom notice would be mailed or delivered pursuant to this subdivision or subdivision 1 of this subsection, is more than one thousand, in lieu of mailed or delivered notice, notice may be provided by one publication of a display advertisement of at least one eighth page in at least one newspaper of general circulation within the city at least ten days prior to the hearing;

5.

If the notice is mailed or delivered pursuant to subdivision 4 of this subsection, the notice shall also either:

a.

Be published once in at least one newspaper of general circulation within the city at least ten days prior to the hearing, or

b.

Be posted at least ten days prior to the hearing in at least three public places within the city, including one public place in the area affected by the proceeding.

B.

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

C.

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

D.

The failure of any person or entity to receive notice given pursuant to this section shall not constitute grounds for any court to invalidate the action for which notice was given.

(Ord. 16.76 § 1 (part), 1989)

17.50.100 - Notice of public hearing—Publication or posting.

A.

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

B.

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

C.

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

(Ord. 16.76 § 1 (part), 1989)

17.50.110 - Authority of the city council. ¶

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

(Ord. 16.76 § 1 (part), 1989)

Chapter 17.51 - GREEN BUILDING REGULATIONS

17.51.010 - Purpose and findings. ¶

The city finds that green building design, construction and operation can have a significant positive effect on energy and resource efficiency, waste and pollution generation, and the health and productivity of a building's occupants over the life of the building. The second purpose is to create healthy work and living environments increasing the productivity of workers and residents and visitors to the city by improving indoor air quality and lighting.

The intent of this section is to help promote the environmental sustainability of natural resources and improvement of the interior environment by efficiently redirecting the use of recyclable materials away from landfills, by introducing recycled-content and materials created with a low embodied energy materials in construction, and by reducing the energy consumption needs of structures by making use of efficient construction methods.

The city also finds that green design and construction decisions made by the city in the construction and remodeling of city buildings can result in significant cost savings to the city over the life of the buildings. The city also recognizes that it must lead by example in order to have the general populace follow suit and therefore commits itself to the practice of green building for all new and remodeling construction on city owned buildings and structures.

The City of Scotts Valley finds that it is necessary to have some mandatory requirements in the Green Building Ordinance related to water. These mandatory requirements cannot be used to obtain the necessary green points needed to obtain a building permit.

(Ord. 16.123, § 58, 9-5-2007; Ord. 16.123.1, § 1, 10-1-2008)

17.51.020 - Definitions.

"Addition" means a new building or structure expansion that is physically connected to a previously existing building.

"Interior remodel" means change or alteration in only the interior of a building that does not increase its net square footage.

"New construction" means a new building not physically connected to a previously existing building.

"Non-habitable residential structure" means a building on a residential property that is not legally habitable, such as a garage or shed.

"Non-residential" means not meeting the definition of "residential".

"Residential" means single-family or multi-family residences, less than or equal to three stories (above grade) in height.

"Remodel" means change or alteration in a building that does not increase its net square footage.

(Ord. 16.123, § 58, 9-5-2007)

17.51.025 - Special water mitigation requirements. ¶

A.

All new construction and remodels over 500 square feet in the city limits of the City of Scotts Valley shall install only high efficiency fixtures as follows:

1.

All new commercial construction shall install high efficiency fixtures and will be required to rough plumb dual piping to use recycled water when it becomes available in toilet fixtures and for landscaping. Connection to the recycled water system will be governed by the requirements in Chapter 17.47 of the Zoning Ordinance.

2.

All new residential construction shall install only high efficiency toilet fixtures.

3.

All remodels over 500 square for residential, commercial and industrial buildings shall install high efficiency fixtures in the area being remodeled.

(Ord. 16.123.1, § 2, 10-1-2008)

17.51.030 - Standards for compliance. ¶

Persons constructing a new building, adding to or substantially remodeling a building in the City of Scotts Valley shall participate in the Scotts Valley's Green Building Program. In order to obtain a building permit for any new building, addition or substantial remodel in excess of those exempted in Section 17.51.40, each project must include elements from the program checklist equal to or exceeding the following:

Table 1: Non-Residential (Commercial) Actions and Point Requirements

Table 1: Non-Residential (Commercial) Actions and Point Requirements	Table 1: Non-Residential (Commercial) Actions and Point Requirements
Total points possible	75
Action	Points required to receive action:
C-1. Receipt of Building Permit*	7
C-2. Green Building Award	40
*Exceptions: These points are not required for non-residential additions and remodels totaling less than one thousand square feet, or interior-only non-residential remodels of any size.

Table 2: Residential New Construction Actions and Point Requirement

Table 2: Residential New Construction Actions and Point Requirement	Table 2: Residential New Construction Actions and Point Requirement	Table 2: Residential New Construction Actions and Point Requirement
Total Points Available	460
Action	Points required to receive action:
	First 500 Square Feet	Each Additional 100 Square Feet or fraction thereof
R-N-1. Receipt of building permit	10	1.5

R-N-2. Green Building Award

3.5

Table 3: Residential Remodel and Addition Action Point Requirements

Table 3: Residential Remodel and Addition Action Point Requirements	Table 3: Residential Remodel and Addition Action Point Requirements	Table 3: Residential Remodel and Addition Action Point Requirements
Total Points Available	464
Action	Points required to receive action:
	First 500 Square Feet	Each Additional 100 Square Feet or fraction thereof
R-A/R-1. Receipt of building permit*	5	1.1
R-A/R-3. Green Building Award	35	2.5
*Exception: These points are not required for additions and/or remodels of less than fve hundred square feet.

(Ord. 16.123, § 58, 9-5-2007)

17.51.040 - Exceptions. ¶

The following are exempt from the provisions of this section:

Additions and remodels of less than five hundred square feet of any dwelling structure.

• Additions and remodels of less than one thousand square and interior remodels of any non-residential structure.

Equipment and non-structural modifications of any residential or non-residential structure.
Non-habitable residential structures of less than one thousand square feet.
General maintenance of any structure.
Historical structures where the historic fabric would be compromised.

(Ord. 16.123, § 58, 9-5-2007)

17.51.050 - Maintenance of document. ¶

From time to time, but not less than on a bi-annual basis, building and planning staff shall update the Green Building Program documentation and checklist to reflect advances in green building techniques and materials and to make necessary modifications in program implementation.

(Ord. 16.123, § 58, 9-5-2007)

17.51.060 - Method of compliance.

The chief building official and/or the principal planner shall maintain the following documents for the public:

City of Scotts Valley: Standards for Green Building Compliance
New Home Green Points Check List for Residential Buildings
New Building Green Points Check List for Non-Residential Buildings

These documents shall be to aid in the design and certification of new residential and non-residential buildings and significant remodels and additions thereto. Every applicant of a building permit not exempted by [Section] 17.51.40 (Exemptions) above shall complete and submit the appropriate check list for their project as well along with the standard application documents. All compliance measures shall be clearly delineated on plan sets.

(Ord. 16.123, § 58, 9-5-2007)

17.51.070 - Exceptional design. ¶

Designers and builders employing exceptional design, construction practices and/or maintenance features may have their project modified from the strict interpretation of the program if in the opinion of the principal planner or building official such features exhibit at least a twenty percent increase in points over the minimum standards for a Green Building Award as outlined in [Section] 17.51.30 (Standards for

compliance) above. Exceptional designs shall also be recognized by the city and eligible to receive a plaque that may be displayed on the structure.

(Ord. 16.123, § 58, 9-5-2007)

17.51.080 - Creation of green building educational resource fund.

All permits issued by the City of Scotts Valley not exempt by Section 17.51.050, sub-trade permits, and permits issued in conjunction with a master permit shall be assessed a fee equal to .0025 times the overall valuation of the project. Revenues collected shall be maintained by the finance department in a revolving Green Building Education Fund and shall be used only for program management, public educational purposes such as publications and local seminars.

(Ord. 16.123, § 58, 9-5-2007)

Chapter 17.52 - AMENDMENTS

17.52.010 - Generally. ¶

This title may be amended by changing the boundaries of any zoning district or by changing, amending or supplementing the regulations or any other provision hereof whenever it is in the interests of the public health, safety, general welfare or convenience or sound zoning practices to do so.

(Ord. 16.76 § 1 (part), 1989)

17.52.020 - Initiation. ¶

A.

A change of zoning district designation may be initiated by the owner or the authorized agent of the owner of the property within the area for which a change of zone is proposed, by filing a petition therefor.

B.

A change of zoning district designation or a change or amendment of any of the regulations of this title may be initiated by resolution or motion of the planning commission or by action of the city council in the form of a request to the commission that it consider a proposed change or amendment.

(Ord. 16.76 § 1 (part), 1989)

17.52.030 - Application for rezoning. ¶

D.

When a condition of reclassification under this section imposes a time limit within which a particular use shall be established or construction of a particular structure or structures shall be commenced or completed or both, the city council shall have power, in cases of undue hardship, to grant a reasonable extension of such time limit; provided, that prior to the expiration of the original time limit or limits in question an application has been made to the city council for such extension. The city council shall have

additional power to modify, waive or, with the consent of the owner of the property, to substitute conditions of reclassification at any time prior to the automatic reversion to the district classification which occurs on failure to comply with the conditions of approval.

E.

The powers of the city council to extend time limits or to modify, waive or change condition are matters of grace only.

(Ord. 16.76 § 1(part), 1989)

B.

Calling upon the city attorney to institute any necessary legal proceedings to enforce the provisions of this title, and the city attorney is hereby authorized to institute any actions to that end;

C.

Calling upon the chief of police and officers of the police department to assist in the enforcement of this title.

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

(Ord. 16.76 § 1(part), 1989)

17.54.050 - Violations constituting misdemeanor or infraction offense—Penalties.

A.

The violation of any provision contained in this Title 17 is declared to be unlawful and shall constitute a misdemeanor and a public nuisance subject to the penalties as prescribed in Chapter 1.08 of this code, unless such violation is designated in subsection B of this section as an infraction offense.

B.

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

1.

Chapter 17.57 (Accessory dwelling units);

2.

Chapter 17.58 (Junior accessory dwelling units);

3.

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

4.

Section 17.44.080 (Tree protection regulations);

5.

Chapter 17.56 (Sign regulations);

6.

Section 17.44.150 (External antennae);

7.

Section 17.46.040 (Private stables);

Section 17.46.050 (Height limits);

9.

Section 17.46.080 (Swimming pools, spas, and hot tubs);

Section 17.46.100 (Kennels and small animal hospitals);

Section 17.46.110 (Fences, walls and ornamental structures);

Section 17.46.140 (Temporary construction offices);

Section 17.46.160 (Construction standards);

Section 17.50.040 (Home occupations).

(Ord. 16.76 § 1(part), 1989; Ord. 16.82 § 6, 1991; Ord. 16.115, § 21, 6-4-2003; Ord. No. 16.142, § 68, 12-42024)

17.54.060 - Severability.

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

(Ord. 16.76 § 1(part), 1989)

Chapter 17.55 - SB 9 RESIDENTIAL DEVELOPMENT

17.55.010 - Purpose and intent. ¶

This chapter contains requirements for SB 9 residential developments pursuant to Government Code Section 65852.21. These requirements are necessary to preserve the public health, safety and general welfare, and to promote orderly growth and development. In cases where a requirement in this chapter directly conflicts with Government Code Section 65852.21, the Government Code governs.

(Ord. No. 16.141, § 1, 5-15-2024)

17.55.020 - Definitions.

A.

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

B.

Urban Lot Split. The subdivision of an existing parcel into two parcels within a single-family residential zoning district proposed pursuant to Government Code Section 66411.7 and Municipal Code Chapter 16.78 (Urban Lot Splits).

(Ord. No. 16.141, § 1, 5-15-2024)

17.55.030 - Permitting process.

A.

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

B.

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

C.

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

D.

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

1.

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

2.

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

3.

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

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

5.

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

E.

Time Period for City Action.

1.

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

2.

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

F.

Basis for Denial.

1.

The city shall deny an application for an SB 9 residential development if either of the following is found:

a.

The development fails to comply with any requirement in this chapter. Any such requirement that is the basis for denial shall be specified by the city in writing.

b.

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

2.

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

Public Health and Safety. An SB 9 residential development shall comply with the City of Scotts Valley SB 9 Public Health and Safety and Environmental Resource Protection Standards, which are adopted by city council resolution and may be amended from time to time.

H.

Municipal Code Compliance.

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

C.

Yards.

Minimum yards for an SB 9 residential development are as follows:

a.

Front: As required in the applicable zoning district.

b.

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

c.

Rear: Four feet.

2.

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

3.

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

D.

Separation Between Dwelling Units.

1.

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

2.

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

3.

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

E. Parking.

1.

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

2.

Exceptions to Required Parking. No off-street parking is required in the following cases:

a.

The parcel is located within one-half mile walking distance of either a high-quality transit corridor, as defined in subdivision (b) of Section 21155 of the Public Resources Code, or a major transit stop, as defined in Section 21064.3 of the Public Resources Code.

b.

There is a car share vehicle located within one block of the parcel. A car share vehicle means a motor vehicle that is operated as part of a regional fleet by a public or private car sharing company or organization that meet all the following criteria:

(1)

Provides hourly or daily service;

(2)

Vehicle reservations are processed and paid for using an on-line system;

(3)

Vehicles can be accessed where they are parked without having to go to a different physical location to execute a contract and/or pick up the keys; and

(4)

Fleet has more than five cars in Scotts Valley and more than twenty cars in Santa Cruz County.

3.

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

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

(Ord. No. 16.141, § 1, 5-15-2024; Ord. No. 16.142.1, § 17, 6-18-2025)

17.55.060 - Objective design standards. ¶

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

(Ord. No. 16.141, § 1, 5-15-2024; Ord. No. 16.142.1, § 18, 6-18-2025)

17.55.070 - Deed restrictions. ¶

A.

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

1.

The maximum size of the dwelling unit is limited to:

a.

One thousand two hundred fifty square feet for development that complies with the minimum yard requirements of the applicable zoning district and combining district; and

b.

Eight hundred square feet for development that does not comply with the minimum yard requirements of the applicable zoning district and combining district.

2.

The dwelling unit may not be rented for a term of less than thirty-one days.

B.

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

C.

The deed restriction shall lapse upon removal of all dwelling units established under this chapter.

(Ord. No. 16.141, § 1, 5-15-2024)

17.55.080 - SB 9 triplexes. ¶

A.

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

1.

The existing single-family dwelling is on a parcel in the R-1 zoning district and in racially concentrated area of affluence (see Section 17.44.200); and

2.

One or more of the SB9 triplex units are deed restricted affordable to households earning no more than eighty percent of the county's area median income.

B.

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

1.

The floor area of the third unit shall not exceed eight hundred square feet.

2.

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

3.

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

4.

The third unit may be created by adding new floor area to the existing single-family dwelling.

5.

An SB 9 triplex is not allowed on a lot created through an SB 9 urban lot split.

(Ord. No. 16.142.1, § 19, 6-18-2025)

Chapter 17.56 - SIGNS

17.56.010 - Purpose, objective and intent. ¶

This chapter provides standards for signs to safeguard life, health, property, safety, and public welfare, while encouraging compatibility, creativity, variety, and enhancement of the city's visual image. The specific

purposes of sign regulation are to:

A.

Provide each sign user an opportunity for effective identification by regulating the time, place, and manner under which signs may be displayed;

B.

Enable users of goods and services to identify establishments offering services to meet their needs;

C.

Ensure freedom of expression for all sign uses by maintaining a content-neutral approach to sign regulation;

D.

Regulate the number and size of signs according to standards consistent with the purpose of each zoning district;

E.

Protect residential districts adjoining nonresidential districts from adverse impacts of excessive numbers or sizes of signs nearby;

F.

Encourage creative, well-designed signs that contribute in a positive way to the city's visual environment, and help maintain an image of quality for the city;

G.

Ensure that signs are responsive to the aesthetics and character of their particular location (adjacent buildings and surrounding neighborhood) and that are compatible and integrated with the building's architectural design, including historic building elements, and with other signs on the property; and

H.

Ensure the quality of the city's appearance by avoiding clutter and by subjecting certain signs to the design review process.

(Ord. 16.95 § 2(part), 1996; Ord. 16.129, § 1, 8-18-2010)

17.56.020 - Definitions.

As used in this chapter, the terms set out below are defined to mean the following:

"Approving authority" means that person or body (planning director, planning commission or city council) which has authority pursuant to the provisions of this chapter to approve an application for a sign permit.

"Blank face" means a sign containing no graphics, wording, numerals, etc.

"Building face" means the outer surface of a building or portion of building given to an individual business, including exposed foundation, windows, doors, parapet, fascia and wall area, but not including any overhanging fascia, canopy, marquee, awning, or roof surface.

"Building frontage" means the width of the face of a building abutting the public right-of-way or primary pedestrian access.

"Bulletin board" means a board, either in a free-standing kiosk or on a wall, on which temporary bulletins or notices are posted.

"Business frontage (primary)" means the width of the face of a business abutting, or if not abutting, exposed to an abutting public right-of-way. In the case of multiple frontages abutting public rights-of-way, the longest frontage shall be considered the primary business frontage.

"Business frontage (secondary)" means the width of the face of a business abutting a secondary street, freeway, parking lot, or pedestrian access.

"Canopy" means a permanent, roof-like shelter extending from part or all of the building face and constructed of some durable material which may or may not project over a public right-of-way.

"Commercial center" means a group of five or more contiguous businesses which utilizes common offstreet parking and access and which exhibit a common architectural design.

"Commercial sign" means a sign designed to advertise a product, or service or event.

"Construction sign" means any sign giving the name or names of principal contractors, architects, and lending institutions responsible for construction on the site where the sign is placed, together with other information included thereon.

Design review board. Any reference to design review board is a reference to and means the planning commission which is comprised of a group of five persons appointed by the city council, who serve at the city council's pleasure, to carry out the objectives of the zoning ordinance and to ensure that new uses and structures will not be detrimental to the appearance of the city.

"Directional sign" means an incidental sign designed to guide or direct pedestrian or vehicular traffic.

"Freestanding or monument sign" means a sign not attached to a building or other structure, but which is attached to the ground and which exhibits sign graphics on one or two faces, which, if two faces shall be the same on both faces.

"Height of a freestanding sign" means the distance from the average surface grade surrounding the base of the sign to the top of its highest element, including any structural element. Where a sign is placed on a mound, the height of the mound shall be included.

"Highway" means State Highway 17.

"Identification sign" means a permanent sign which identifies a building, occupant, or activity conducted on the premises.

"Illegal sign" means a sign installed in violation of this chapter or installed without a permit.

"Illumination (external)" means any light from a source outside a sign and which illuminates the sign by reflection. No directly or transparently exposed light source is included in this definition. Illumination shall be at the lowest level consistent with adequate identification and readability.

"Illumination (internal)" means any light from a source contained within a sign and which is seen

translucently through the face of the sign. No directly or transparently exposed light source is included in this definition. Illumination shall be at the lowest level consistent with adequate identification and readability.

"Mural" means a picture or decoration which is painted on, or otherwise applied directly to an external wall and which does not nor is intended to convey the name of or information regarding any specific business or product. This does not preclude the mural being signed by the artist.

"Neighborhood sign" means any sign which advertises, promotes, identifies, declares, or informs people living in a residential area of the activities, events or problems in that area. For example, garage sales, lost pets or real estate signs.

"Noncommercial sign" means a sign designed to express a political, religious, or other ideological sentiment that does not advertise a product or service, and is also not an event sign.

Nonconforming sign. See Section 17.56.190A.

"Open house caravan day" means the day on which a periodic convoy of real estate brokers and agents tour the city to view new listings on the real estate market.

"Pedestrian access (primary)" means the single doorway located and designed to be the major entry to a building.

"Pedestrian access (secondary)" means doorways, other than the primary pedestrian access, for gaining entry to a building.

Planned sign program. See Section 17.56.180B.

"Planning director" means, when referred to in this chapter, the community development director of the city or a designated representative.

"Political sign" means a sign associated with a candidate for elected office, political party, ballot measure or which makes a political statement.

"Portable sign" means a sign not permanently affixed to the ground or a structure.

"Projecting sign" means a sign attached to a building wall or structure but which protrudes out from the wall or structure at an angle, as opposed to being attached flush against the wall or structure.

"Promotional sales sign" means a sign erected on a temporary basis to promote the sale of new products, new management, new hours of operation, a new service, to promote a special sale, or similar purpose.

"Property frontage" means the linear dimension of a parcel of property abutting a public street.

Public convenience sign. See Section 17.56.050.

"Real estate sign" means a sign advertising the sale, lease or rental of property. See Sections 17.56.080C and F and 17.56.180H.

"Roof eaves" means the lower border of a roof that overhangs the wall.

"School" means a public or private elementary, junior high school or high school.

"Setback" means the distance measured from the improved right-of-way to the structure."

"Sign" means a visual communications device used to convey information to the viewer and visible from a right-of-way.

"Sign area" means the area of the background surface, and frame if present, on which the sign graphics are displayed. The area of a sign without a background surface, or where a significantly larger building element such as a wall or fascia serves as the background, shall be taken as the smallest three- or four-sided geometric figure enclosing the graphics. The area of a freestanding sign shall be taken as the area of only one face even though sign graphics are exhibited on both faces if both faces are identical and not more than twelve inches apart.

"Sign copy" means any words, letters, numbers, figures, designs or other symbolic representations incorporated into a sign, but does not include color.

"Temporary sign" means a sign intended to be displayed for a limited period of time and capable of being viewed at a building frontage.

"Under-canopy sign" means a sign suspended from an overhead element such as a canopy, marquee or roof.

"'V' sign" means a free-standing two-sided "v" shaped sign whose faces are not parallel and has one support in common for both faces and the apex of the "v" is pointed at the street from which the sign is intended to be seen.

"Wall sign" means a sign attached to and flat against a building wall or structure.

"Window sign" means a sign located inside a building in a window and visible from the nearest pedestrian or vehicle right-of-way outside the building.

(Ord. 16.95 § 2 (part), 1996; Ord. 16.100 § 1, 1996; Ord. No. 16.121, § 1, 9-21-2005; Ord. 16.129, § 2, 8-182010)

17.56.030 - Scope.

By adopting this chapter the city intends to regulate signs on the basis of location, relationship to land uses, illumination, motion, size, height, orientation, separation, safety of physical structures, and the public need for functional information. It is the intent of this chapter to minimize visual clutter, and enhance traffic safety by ensuring that signage does not distract, obstruct or otherwise impede traffic circulation. Proper sign control also safeguards and preserves the health, property and public welfare by prohibiting, regulating and controlling the structural design, location and maintenance of signs. It is the city's policy to regulate signs in a constitutional manner, that is content neutral as to noncommercial signs and viewpoint neutral as to commercial signs.

This chapter is not intended to regulate official traffic or government signs; product displays or dispensers or point of purchase displays or any display or construction not defined as a sign; signs not intended to be seen from the public or private right-of-way; window displays; scoreboards on athletic fields; flags of any nation; gravestones; barber poles; religious symbols; commemorative plaques; murals.

(Ord. 16.95 § 2 (part), 1996; Ord. 16.129, § 3, 8-18-2010)

17.56.040 - Street addresses. ¶

All commercial and industrial structures shall display a street address in such a position as to be plainly visible and legible from the street or road fronting the property. The street address may alternatively be on an approved sign obviously associated with the structure(s). The numbers and letters shall not be less than six inches in height nor larger than eighteen inches in height. The street address sign area shall not be counted when calculating permitted sign area.

(Ord. 16.95 § 2 (part), 1996)

17.56.050 - Public convenience signs.

A.

Signs which serve the public safety or convenience, such as entrance, exit, parking, no parking, no trespassing, office, manager, street address, bulletin boards, map boards, instructional and directional signs, and civic and cultural promotion signs, may be allowed in any zoning district of the city.

B.

Public convenience signs may be wall signs, freestanding signs or monument signs and may be of any size, number and illumination determined by the approving authority to be necessary and adequate to their intended purpose. Minimum setback for freestanding signs shall be five feet. Such signs shall be in conformance with the Americans with Disabilities Act as described in the current edition of the California Building Code.

C.

Public convenience signs six square feet or less in area and not illuminated may be approved by the planning director. Signs larger than six square feet or illuminated shall require approval by the design review board; however, public hearing notices in excess of six square feet may be approved by the planning director.

(Ord. 16.95 § 2 (part), 1996; Ord. No. 16.121, § 2, 9-21-2005; Ord. 16.129, § 4, 8-18-2010)

17.56.060 - Construction and maintenance. ¶

A.

Construction/Installation. All signs shall be constructed and installed in compliance with the applicable building codes as amended and applied by the city, using accepted engineering and building practices.

B.

Maintenance.

1.

Every sign, including but not limited to those signs for which permits are required, shall be maintained in a safe and structurally sound condition at all times, including replacement of defective parts, painting, cleaning and other acts required to maintain the sign's original condition.

2.

Any sign which advertises a business, commodity, service, entertainment, activity or event which has ceased to operate for a period of thirty consecutive days, or is located on property which has been vacant and unoccupied for a period of thirty consecutive days shall be removed; however, a blank face can be substituted to avoid removal.

3.

Landscaped areas surrounding signs shall be maintained in a healthy condition by the owner and kept free and clear of all debris.

(Ord. 16.95 § 2 (part), 1996)

17.56.070 - Prohibited signs. ¶

Permits will not be issued for:

A.

Signs placed on, affixed to, or erected on or over public property, public or private rights-of-way, or public waterways, unless it is:

1.

Erected by the city public works department in the interests of public, health, safety or welfare; or

2.

Located within the non-paved outside edge of a public right of way, or behind any existing curb or sidewalk along the property frontage, subject to obtaining an encroachment permit from the Public Works Director.

B.

Signs which can create hazards or dangerous distractions to motorists or pedestrians by the direction or reflection of light or by the sign's movement, such as signs with blinking or flashing lights; or where the source of light is directly is directly visible; or where the signs rotate or are mechanically driven;

C.

Signs located near an intersection that may obstruct the visual lines of sight for drivers of motor vehicles (see Figure A);

D.

Signs which may obstruct the free use of any otherwise required exit, entrance, window vent, emergency access, fire lane or standpipe;

E.

Illuminated signs of nonresidential uses facing directly on and immediately adjacent to residential property.

F.

Signs facing the freeway, except for signs that identify the property tenant or that advertise the property as for sale or lease;

G.

Signs which block the line of sight from the street facing the sign to the top of the roof (see Figure B);

H.

Any sign affixed to trees or fences;

I.

Any sign that utilizes visible guy wires, angle irons, or iron frame structures, unless specifically approved by design review;

J.

Any sign not in compliance with the size or specific use criteria of Section 17.56.180;

K.

Any portable or readily moveable sign, except those signs allowed pursuant to Section 17.56.080;

L.

Any other signs not specifically allowed by provisions of this chapter; however, nothing in this chapter shall be construed to prohibit any sign, notice or advertisement required by law.

(Ord. 16.95 § 2 (part), 1996; Ord. 16-113 § 2, 2002; Ord. No. 16.121, § 3, 9-21-2005)

Figure A

==> picture [216 x 184] intentionally omitted <==

Figure B—Typical Height of Sign on Roofing Examples

==> picture [336 x 469] intentionally omitted <==

Figure B (cont'd.)—Typical Height of Sign on Roofing Examples

==> picture [336 x 436] intentionally omitted <==

17.56.080 - Temporary signs. ¶

Temporary signs may be located in any zoning district in the city subject to this subsection 17.56.080. Temporary signs shall be exempt from the requirements of a sign permit application, review, approval and fees but must adhere to all other regulations of federal, state and local laws.

Temporary Noncommercial Signs:

1.

Applicability. The following standards apply to temporary noncommercial signs located in any zoning district in the city.

2.

Standards for temporary noncommercial signs.

a.

Illumination prohibited. Temporary commercial signs shall not be illuminated.

5.

Durable materials required. Temporary commercial signs shall be constructed of durable, rigid material suitable to their location and purpose. Only interior window signs may be made of nonrigid (e.g., paper) material.

(Ord. 16.95 § 2 (part), 1996; Ord. 16-113 § 3, 2002; Ord. 16.129, § 5, 8-18-2010)

17.56.100 - Sign permits required. ¶

No sign shall be placed, installed or altered without first obtaining a sign permit and otherwise complying with all other applicable provisions of federal, state and local law, except as exempt pursuant to Section 17.56.080. However, copy can be changed without a permit on existing legal signs using the same materials and where only the colors, typeface and/or style are changed.

(Ord. 16.95 § 2 (part), 1996; Ord. 16.129, § 6, 8-18-2010)

17.56.110 - Permit application. ¶

To obtain a sign permit, the applicant shall first submit a permit application form (available in the office of the planning director located at City Hall), plans and/or specifications for the sign and the required fees to the planning director or his/her authorized representative. The application may be acted upon by the planning director if it is so specified in this chapter or if the site is subject to a planned sign program; otherwise the application shall be acted upon by the design review board.

(Ord. 16.95 § 2 (part), 1996)

17.56.120 - Permit and appeal fees.

A.

A permit or appeal fee shall be required as set forth in the fee schedule adopted by resolution of the city council.

B.

Any sign erected by nonprofit and community interest organizations such as schools, churches, organized youth groups, service clubs and charitable organizations defined as tax exempt in the Internal Revenue Code, shall be exempt from payment of the required fees.

(Ord. 16.95 § 2 (part), 1996)

17.56.130 - Sign permit review and appeal process. ¶

All sign permit applications, plans, specifications and other required material shall be submitted to the planning department for distribution and review. Review and approval will be as follows:

A.

The planning director shall approve, approve with conditions, deny, or schedule the item for consideration by the design review board in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local laws or regulations.

B.

The design review board shall approve, approve with conditions, or deny the application in accordance with the provisions of this chapter and any other applicable requirements of federal, state or local laws or regulations.

In the event an application is denied, written notice of the denial including the findings of the reviewing body and minutes of the meeting shall be provided to the applicant within fifteen working days after the decision is rendered.

D.

Any decision may be appealed pursuant to Section 17.50.060 of this Code.

E.

If, upon appeal, a sign permit is granted, modified or denied, the sign shall be constructed, modified or removed as directed by the body acting upon the appeal.

(Ord. 16.95 § 2 (part), 1996)

17.56.140 - Effective date. ¶

All approved sign permits shall become effective upon expiration of the appeal period as defined in Section 17.50.060 of this Code.

(Ord. 16.95 § 2 (part), 1996)

17.56.150 - Additional building permits and limitations.

A.

In addition to the sign permit, other permits may be required, such as a mechanical and/or electrical permit. It shall be the responsibility of the applicant to obtain such additional permits, if required, from the planning director.

B.

The issuance or granting of any permit or approval of plans and specifications such as a building permit or approval of architectural design is not a permit for any sign on that property. A separate permit must be obtained for any sign erected in the city.

(Ord. 16.95 § 2 (part), 1996)

17.56.160 - Expiration of sign permit. ¶

Every sign permit approved under the provisions of this chapter shall expire and become null and void if the work authorized by such permit is not commenced within one year from the date of such permit.

(Ord. 16.95 § 2 (part), 1996)

17.56.170 - Criteria for sign approval. ¶

D. Notice of Violation/Removal.

1.

No citation will be issued until the planning director has issued a notice of violation to the owner, agent or person having a beneficial interest in the building or the premises on which a prohibited sign or any other sign which violates any provision of this chapter is located. The person having a beneficial interest in the sign, the agent or the owner of the sign shall remove or alter the sign to comply with the provisions of this chapter within seventy-two hours of the date of the notice. The notice shall also state that if the sign is not removed or brought into compliance within seventy-two hours of the date of the notice, the planning director may cause it to be removed.

2.

If the planning director causes the sign to be removed, the sign must be retained for fifteen days, during which the owner, agent or person having a beneficial interest may protest the action and reclaim the sign. At the expiration of fifteen days, any unclaimed sign shall be deemed abandoned and may be discarded.

3.

The cost of removal, alteration and/or storage of any sign erected or maintained in violation of this chapter shall be paid by a permittee, sign owner, agent or person having a beneficial interest in the sign. The cost of removal and storage shall be determined by resolution of the city council. The cost of removal and storage or alteration shall become a debt owing the city for the collection of which the city may maintain a civil action in its name.

4.

The planning director or his/her representative may summarily and without notice cause the removal of any sign which is an immediate safety threat to person or property.

(Ord. 16.95 § 2 (part), 1996; Ord. 16.100 § 2, 1996; Ord. 16.121, § 6, 9-21-2005; Ord. 16.129, § 7, 8-182010)

Chapter 17.57 - ACCESSORY DWELLING UNITS

17.57.010 - Purpose. ¶

This chapter establishes standards for accessory dwelling units (ADUs) consistent with Government Code Sections 66310—66342. These standards are intended to increase the supply of affordable housing options in Scotts Valley while maintaining the character and quality of life of residential neighborhoods.

A.

This chapter applies only to a proposed ADU as defined in Chapter 17.04 (Definitions). Standards for junior accessory dwelling units (JADUs) are found in Chapter 17.58 (Junior Accessory Dwelling Units).

B.

It is the city's intent for this chapter to be consistent with state law as it is amended from time to time. In cases of conflict between this chapter and state law, state law governs.

(Ord. No. 16.142, § 69, 12-4-2024)

17.57.020 - Permitting process.

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

(Ord. No. 16.142, § 69, 12-4-2024)

17.57.030 - General requirements. ¶

The requirements in this section apply to all ADUs subject to this chapter.

A.

Where Allowed. An ADU is permitted:

1.

In any zoning district where single-family or multifamily dwellings are a permitted use; and

2.

On a lot with an existing or proposed single-family or multifamily dwelling.

B.

Maximum Number per Lot.

1.

1.

Driveway at PM 6.712 (Map ID #24).

2.

Crescent Drive (Map ID #25).

3.

b.

On a lot with a proposed multifamily dwelling, two detached ADUs.

2.

Maximum height: Sixteen feet if the existing multifamily dwelling is one story and eighteen feet if the existing multifamily dwelling is two or more stories.

3.

Minimum rear and side setbacks: Four feet.

(Ord. No. 16.142, § 69, 12-4-2024)

17.57.050 - Development standards. ¶

The standards in this section apply to all ADUs not approved pursuant to Section 17.57.040 (Statewide Exception ADUs).

Floor Area.

1.

Minimum. The floor area of an ADU shall be no less than two hundred twenty square feet.

2.

Maximum.

a.

Single-Family Lots. On lots with a single-family dwelling, the floor area of an ADU shall not exceed the maximums shown in Table 1.

Table 1: Maximum Floor Area on Single-Family Lots

ADU Type and Placement on Lot	Lot Size
	Less than 10,000 sq. ft.	10,000 sq. ft. and more
Detached and Attached [1]
Complies with district yards	1,100 sq. ft.	1,200 sq. ft.
Does not comply with district yards	850 sq. ft. for studio/1 bdrm 1,000 sq. ft. for 2+ bdrm
Converted	No maximum
Notes: [1] The foor area of an attached ADU shall not exceed the maximums shown in this table or ffty percent of the existing primary dwelling foor area, whichever is less.

b.

Multifamily Lots. On lots with multifamily dwellings the floor area of an ADU shall not exceed:

(1)

Eight hundred fifty sq. ft for a studio or one-bedroom ADU; and

(2)

One thousand sq. ft. for an ADU with two more bedrooms.

B.

Lot Coverage. An ADU shall conform to the maximum lot coverage standards of the zoning district in which it is located unless the lot coverage standard would preclude an eight hundred-square foot ADU, in which case the Community Development Director shall grant an exception to the standard as provided in Section 17.57.050.E (Guaranteed Allowance).

C.

Property Line Setbacks.

1.

An ADU shall be setback from property lines as required by Table 2.

Table 2: Minimum Property Line Setbacks

Property Line	ADU Type
	Attached	Detached	Converted
Front	Same as primary dwelling[1]
Side	4 ft.	4 ft.	None required
Rear	4 ft.	4 ft.
Notes: [1] If the front setback standard precludes an eight hundred-square foot ADU, the Community Development Director shall grant an exception to the standard as provided in Section 17.57.050.E (Guaranteed Allowance).

2.

As provided in Subsections A (Floor Area) and E (Height) of this section, an ADU that complies with the minimum yard requirement for a single-family dwelling in the applicable zoning district is eligible for greater building height and unit size than is allowed for an ADU that does not comply with the zoning district minimum yard requirement.

3.

See also Section 17.57.030.F (Converting and Replacing Existing Structures) for setback exceptions that apply to an ADU created by converting or replacing an existing structure.

Building Separation. An ADU exceeding sixteen feet in height shall comply with the minimum building separation standard in Section 17.46.070.K.

E.

Height. The height of an ADU shall not exceed the maximum shown in Table 3.

Table 3: Maximum ADU Height

ADU Type and Placement on Lot	Lot Size
	Less than 10,000 sq. ft.	10,000—19,999 sq. ft.	20,000 sq. ft. and more
Detached ADU
Complies with district yards	18 ft.	25 ft.	35 ft.
Does not comply with district yards	16 ft. [1]
Attached ADU	Same as primary dwelling
Notes: [1] Maximum 18 ft. for an ADU either 1) within one-half mile of major transit stop or high-quality transit corridor as defned in Public Resources Code Section 21155; or 2) on lot with a multistory multifamily dwelling.

3.

Two or more visibly contrasting primary materials and/or colors.

4.

5-foot minimum sill height above the finished floor;

b.

Clerestory; or

c.

Opaque/frosted glass.

2.

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

3.

No portion of a rooftop deck may be closer than twenty-five feet from an interior side or rear yard that abuts an adjacent residential use.

J.

Entrance Orientation. The primary entrance to a detached or attached ADU shall face either:

1.

The front or interior of the parcel; or

A side or rear property line that abuts an alley or a public street.

K.

Garage Conversions. When a garage is converted into an ADU, the garage door shall be removed and replaced with materials matching the remainder of the structure.

(Ord. No. 16.142, § 69, 12-4-2024)

Chapter 17.58 - JUNIOR ACCESSORY DWELLING UNITS

17.58.010 - Purpose. ¶

A.

This chapter establishes standards for junior accessory dwelling units (JADUs) consistent with Government Code Sections 66333—66339. These standards are intended to increase the supply of affordable housing options in Scotts Valley while maintaining the character and quality of life of residential neighborhoods.

B.

This chapter applies only to a proposed JADU as defined in Chapter 17.04 (Definitions). Standards for accessory dwelling units (ADUs) are found in Chapter 17.57 (Accessory Dwelling Units).

C.

It is the city's intent for this chapter to be consistent with state law as it is amended from time to time. In cases of conflict between this chapter and state law, state law governs.

(Ord. No. 16.142, § 70, 12-4-2024)

17.58.020 - Permitting process. ¶

Creating a JADU requires city approval and issuance of a building permit. The city shall review and act on a permit application for a JADU in the same manner as required for an accessory dwelling unit. See Section 17.57.020 (Permitting Process).

(Ord. No. 16.142, § 70, 12-4-2024)

17.58.030 - JADU standards. ¶

The standards in this section apply to all JADUs.

A.

Where Allowed.

1.

G.

Parking. Off-street parking is not required for a JADU.

H.

Fire Safety. For purposes of any fire or life protection ordinance or regulation, a JADU shall not be considered a separate or new dwelling unit.

I.

Utilities. For purposes of providing service for water, sewer, or power, including a connection fee, a JADU shall not be considered a separate or new dwelling unit.

(Ord. No. 16.142, § 70, 12-4-2024)

17.58.040 - Deed restriction. ¶

A.

Prior to occupancy of a JADU, the property owner shall file with the county recorder a declaration of restrictions containing a reference to the deed under which the property was acquired by the current owner. The deed restriction shall state that:

1.

The JADU shall not be sold separately from the single-family residence; and

2.

The JADU shall not exceed five hundred square feet of total floor area and shall comply with all standards in Section 17.58.030 (JADU Standards).

B.

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

C.

The deed restriction shall lapse upon removal of the JADU established under this chapter.

(Ord. No. 16.142, § 70, 12-4-2024)