Chapter 17.60 — REQUESTS FOR REASONABLE ACCOMMODATION

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

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

A person with a disability is a person who has a physical or mental impairment that limits or substantially limits one or more major life activities, anyone who is regarded as having such impairment or anyone who has a record of such impairment. This chapter applies only to those persons who are defined as disabled under the Acts.

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

For the purposes of this chapter, the following definitions shall apply:

"Disabled person" means a person who has a medical, physical or mental condition that limits a major life activity, as those terms are defined in California Government Code section 12926, anyone who is regarded as having such a condition or anyone who has a record of having such a condition. It includes a person or persons, or an authorized representative of a disabled person. The term disabled person does not include a person who is currently using illegal substances, unless he or she has a separate disability (42 U.S.C. 3602(h)).

"Fair housing laws" or "the Acts" means (1) the federal Fair Housing Act (42 U.S.C. § 3601 and following) and (2) the California Fair Employment and Housing Act (Gov't. Code § 12955 and following), including amendments thereto.

"Reasonable accommodation" means providing disabled persons flexibility in the application of land use and zoning regulations and procedures, or even waiving certain requirements, when necessary to eliminate barriers to housing opportunities. It may include such things as yard area modifications for ramps, handrail s or other such accessibility improvements; hardscape additions, such as widened driveways, parking area or walkways; building additions for accessibility; tree removal; or reduced off-street parking where the disability clearly limits the number of people operating vehicles. Reasonable accommodation does not include an accommodation which would (1) impose an undue financial or administrative burden on the city or (2) require a fundamental alteration in the nature of the city's land use and zoning program.

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

17.60.030 - Review authority.

A.

Community Development Director or Designee. The community development director or designee has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter. The community development director or designee may refer the matter to the planning commission, at his or her discretion, when a reasonable accommodation request includes the following items, but not limited to: any encroachment into the setback areas, results in a building size increase above what is permitted in the applicable zoning district with respect to height, lot coverage, or whenever a reduction in required parking is requested.

B.

Planning Commission. The planning commission has the authority to review and decide upon requests for reasonable accommodation, including whether the applicant is a disabled person within the meaning of this chapter, when referred by the community development director.

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

A public hearing is not required for a reasonable accommodation request reviewed and decided upon by the community development director. Upon deeming the application complete, the planning department shall send a notice to the applicant, property owner, the owners and tenants of property of the five parcels located closest to the subject property, and to all members of the planning commission. The notice shall indicate the date upon which the community development director will act on the permit and the intended action to be taken by the community development director. Such notices shall be mailed, via first class mail, a minimum of fifteen days prior to date that action is to be taken. Requests for reasonable accommodation subject to review and decision by the planning commission shall require a public hearing pursuant to the advance noticing requirements of Chapter 17.50 of the Scotts Valley Municipal Code.

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

17.60.050 - Application and submittal requirements.

A.

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

1.

The applicant's name, address and telephone number;

2.

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

3.

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

4.

The current use and/or activity of the property;

5.

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

6.

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

7.

A description of the specific accommodation request;

8.

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

9.

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

10.

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

B.

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

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

C.

Required Fees. Any fee required for an application for reasonable accommodation shall be set by resolution of the city council.

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

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

A.

Required Findings.

1.

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

2.

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

B.

Development Standards and Conditions.

1.

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

2.

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

3.

Where appropriate, the applicable reviewing authority may condition its approval on any or all of following:

a.

Periodic inspection of the location, as specified in the application, to verify continued compliance with the provisions of this section and any conditions of approval;

b.

Prior to any sale, transfer, lease or other conveyance of the property, or at the time the need for the reasonable accommodation is no longer necessary, the owner of the property shall bring the property into conformance with the city's Zoning Code to the extent that relief was provided under the Zoning Code as part of the request for reasonable accommodation;

c.

Time limits and/or expiration of the approval if it can be determined that the Applicant's reasons for approving the accommodation no longer exists;

d.

Recordation of a deed restriction requiring removal of the accommodating feature once the need for it no longer exists;

e.

Methods, design considerations and features that reduce the impact on surrounding uses;

f.

Methods, design considerations and features the preserve the integrity of the property and structures;

g.

Other reasonable accommodations providing an equivalent level of benefit they will not result in an encroachment into required setbacks, permitted exceedance of height limits, lot coverage or floor area ratio requirements specified for the applicable zoning district; and,

h.

Other conditions necessary to protect the public health, safety and welfare of Scotts Valley residents.

(Ord. No. 16-137, 7-15-2015; Ord. No. 16.142, § 71, 12-4-2024)

A.

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

B.

Decision by Planning Commission. If the application for reasonable accommodation is referred to, or reviewed by, the planning commission, a decision to approve, approve with conditions or deny the application shall be decided at the scheduled public hearing, based on the findings set forth in Section 17.60.060.

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

Any decision on an application under this chapter shall be subject to appeal pursuant to Section 17.50.060 (Appeals) of the Scotts Valley Municipal Code.

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

Chapter 17.62 - DENSITY BONUS[[2]]

Footnotes:

--- ( 2 ) ---

Editor's note— Ord. No. 16.142, § 72, adopted Dec. 4, 2024, amended Ch. 17.62 in its entirety to read as herein set out. Former Ch. 17.62, §§ 17.62.010—17.62.140, pertained to similar subject matter, and derived from Ord. No. 16-136, adopted July 15, 2015.

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

(Ord. No. 16.142, § 72, 12-4-2024)

A.

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

B.

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

1.

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

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

3.

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

(Ord. No. 16.142, § 72, 12-4-2024)

17.62.030 - Application procedures.

A.

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

B.

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

1.

For a density bonus:

a.

Summary table showing:

(i)

Maximum density (in units per acre) on the site permitted by the Zoning Code and General Plan excluding any density bonus units.

(ii)

Maximum number of dwelling units on the site permitted by the zoning and general plan excluding any density bonus units.

(iii)

Proposed affordable units by income level

(iv)

Proposed bonus percentage.

(v)

Number of density bonus units proposed.

(vi)

Total number of proposed dwelling units.

(vii)

Resulting density in units per acre.

b.

For projects in a General Plan land use designation with no maximum units per acre standard, a completed Maximum Allowable Density Worksheet available from the community development department.

c.

The subparagraph of Government Code Section 65915(b)(1) under which the housing development qualifies for a density bonus and documentation demonstrating that the housing development is eligible for a bonus under that subparagraph.

d.

If the applicant seeks an additional bonus, the subparagraph of Government Code Section 65915(v)(1) under which the housing development qualifies for an additional density bonus and reasonable documentation demonstrating that the housing development is eligible for the additional bonus under that subparagraph.

e.

A site plan, drawn to scale, showing the number and location of all proposed units, designating the location of affordable units and density bonus units.

f.

A description of all dwelling units existing on the site in the five-year period preceding the application submittal date and identification of any units:

(i)

Rented in the five-year period;

(ii)

Subject to a recorded covenant, ordinance, or law restricting rents to levels affordable to households of lower or very low income; or

(iii)

Subject to any form of rent or price control.

g.

If dwelling units on the site are currently rented, income and household size of all residents of currently occupied units, if known. If dwelling units on the site were rented in the five-year period but are not currently rented, the income and household size of residents occupying the dwelling units when the site contained the maximum number of dwelling units, if known.

h.

The phasing of the construction of the affordable housing units in relation to the nonrestricted units in the housing development.

i.

If a density bonus is requested for a land donation, the location of the land to be dedicated, proof of site control, and documentation that each of the requirements included in Government Code Section 65915(g) can be met.

2.

For incentives and concessions (Government Code Section 65915(k)):

a.

The number of requested incentives.

b.

The existing requirement and requested modification to the requirement.

c.

Except where mixed-use zoning is requested as an incentive, reasonable documentation to show that each requested incentive will result in identifiable and actual cost reductions to provide for affordable housing costs or rents.

d.

If mixed-use zoning is a requested incentive, reasonable documentation that:

(i)

Nonresidential land uses will reduce the costs of the housing development;

(ii)

Nonresidential land uses are compatible with the housing development and the existing or planned development in the area where the housing development will be located, and

(iii)

Mixed-use zoning will provide for affordable housing costs and rents.

3.

For a waiver or reduction of development standards (Government Code Section 65915(e)):

a.

The proposed waivers or reductions of development standards.

b.

Reasonable documentation that the existing standard physically precludes the construction of the housing development at its proposed density.

4.

For reduced parking ratios (Government Code Section 65915(p)).

a.

The number of parking spaces required for the proposed project by the Zoning Code.

b.

The reduced number of parking spaces proposed.

c.

The paragraph under Government Code Section 65915(p) (or other statute) under which the housing development qualifies for the parking reduction.

d.

Reasonable documentation that the housing development is eligible for the requested parking reduction.

5.

For a density bonus or incentives for a child care facility (Government Code Section 65915(h)):

a.

Reasonable documentation that all of the requirements included in Government Code Section 65915(h) can be met.

6.

For a density bonus or incentives for a condominium conversion (Government Code Section 65915.5)):

a.

Reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

7.

For a commercial development bonus (Government Code Section 65915.7):

a.

Reasonable documentation that all of the requirements included in Government Code Section 65915.5 can be met.

8.

For any density bonus or other incentives where the housing development would replace an affordable unit (Government Code Section 65915(c)(3)(A)):

a.

Reasonable documentation that all of the requirements included in Government Code Section 65915(c)(3) (A) can be met.

C.

Application Review.

1.

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

2.

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

3.

When the city deems the application complete, the city shall provide the applicant with a determination of the following:

a.

The amount of density bonus, calculated pursuant to Government Code Section 65915(f), for which the applicant is eligible.

b.

If the applicant requests a parking ratio pursuant to Government Code Section 65915(p), the parking ratio for which the applicant is eligible.

c.

If the applicant requests incentives and concessions pursuant to Government Code Section 65915(d) or waivers pursuant to Government Code Section 65915(e), whether the applicant has provided adequate information for the city to review and take action on the requested incentives and/or waivers.

D.

City Action.

General.

a.

The city shall act on a request for a density bonus and other incentives concurrently with the permit application required for the housing development. The same review authority that acts on the permit application shall also act on density bonus and other incentive request.

b.

For permit applications that require a public hearing, a staff report shall describe project conformance with State Density Bonus Law as demonstrated by application materials submitted pursuant to Section 18.030.040.B (Submittal Requirements).

2.

Incentives and Concessions. The city shall grant an incentive or concession (Government Code Section 65915(k)) requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

a.

The proposed incentive or concession does not result in identifiable and actual cost reductions to provide for affordable housing costs, as defined in Health and Safety Code Section 50052.5; or for affordable rents, as defined in Health and Safety Code Section 50053.

b.

The proposed incentive or concession would be contrary to state or federal law; or

c.

The proposed incentive or concession would:

(i)

Have a specific, adverse impact, as defined in Government Code Section 65589.5(2)(d), upon the public health or safety or on any real property that is listed in the California Register of Historic Resources; and

(ii)

There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households.

3.

Waiver or Reduction in Development Standards. The city shall grant a waiver of development standards (Government Code Section 65915(e)) requested by the applicant unless it makes a written finding, based upon substantial evidence, of any of the following:

a.

The proposed waiver would be contrary to state or federal law.

b.

The proposed waiver would have an adverse impact on any real property listed in the California Register of Historic Resources.

c.

The proposed waiver would:

(i)

Have a specific, adverse impact, as defined in Government Code Section 65589.5(2)(d), upon the public health or safety; and

(ii)

There is no feasible method to satisfactorily mitigate or avoid the specific adverse impact without rendering the housing development unaffordable to low- and moderate-income households.

4.

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

5.

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

E.

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

(Ord. No. 16.142, § 72, 12-4-2024)

A.

Density Bonus Calculation.

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

2.

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

B.

One Density Bonus Allowed.

1.

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

2.

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

C.

Density Bonus Amount.

1.

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

2.

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

D.

Inclusionary Requirement.

1.

On-site units that satisfy the city's inclusionary housing requirements in Municipal Code Chapter 14.01 (Redevelopment Agency Affordable Housing Production Requirements) and will be constructed concurrently with the housing development may qualify the housing development for a density bonus if those units meet the requirements of State Density Bonus Law.

2.

Payment of fees in lieu of providing affordable units under Municipal Code Section 14.02.050 (In-lieu housing fees and alternative compliance options) does not qualify a housing development for a density

bonus.

E.

Financial Incentives.

1.

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

2.

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

(Ord. No. 16.142, § 72, 12-4-2024)

17.62.050 - Affordable unit design and construction.

A.

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

B.

Appearance and Quality.

1.

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

2.

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

C.

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

D.

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

E.

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

(Ord. No. 16.142, § 72, 12-4-2024)

17.62.060 - Regulatory agreements.

A.

General.

1.

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

2.

The agreement or covenant shall be in a form approved by the city attorney and executed by the city manager or their designee.

3.

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

4.

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

B.

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

1.

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

2.

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

Specifies the eligible occupants;

4.

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

5.

Contains other relevant provisions approved by the city attorney.

C.

For-Sale Projects.

1.

For projects with affordable for-sale units, the applicant shall enter into an affordable housing agreement with the city that requires the following:

a.

The initial purchasers of those for-sale units that qualified the applicant for the density bonus or other incentive shall be persons and families of lower or moderate income, as applicable;

b.

If any for-sale unit is not purchased by an income-qualified household within one hundred eighty days after the issuance of the certificate of occupancy, then the unit(s) must be sold pursuant to a contract that satisfies the requirements of Revenue and Taxation Code Section 402.1(a)(10) to a qualified non-profit housing corporation as defined in State Density Bonus Law and that the units are offered at an affordable housing cost, as that cost is defined in Health and Safety Code Section 50052.5; and

c.

The units will be resold only to households of lower or moderate income for a minimum of forty-five years or a longer period of time if required by the construction or mortgage financing assistance program, mortgage insurance program, or homebuyer assistance program.

2.

The agreement shall contain other relevant provisions approved by the city attorney.

3.

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

D.

Market-Rate Senior Projects. For market-rate senior projects, the applicant shall enter into a restrictive covenant with the city to require the housing development to be operated as "housing for older persons"

consistent with state and federal fair housing laws.

(Ord. No. 16.142, § 72, 12-4-2024)

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

(Ord. No. 16.142, § 72, 12-4-2024)

Chapter 17.64 - MARIJUANA AND CULTIVATION[[3]]

Footnotes:

--- ( 3 ) ---

Editor's note— Ord. No. 16.128.4, § 3, adopted Jan. 20, 2016, set out provisions intended for use as Ch. 17.60. At the editor's discretion, to prevent duplication of chapter numbers, these provisions have been included as Ch. 17.64.

17.64.010 - Definitions.

[The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:]

"Cannabis" shall have the same meaning as set forth in Business & Professions Code § 19300.5(f) as the same may be amended from time to time.

"Caregiver" or "primary caregiver" shall have the same meaning as set forth in Health & Safety Code § 11362.7 as the same may be amended from time to time.

"Commercial cannabis activity" includes cultivation, possession, manufacture, processing, storing, laboratory testing, labeling, transporting, distribution, or sale of cannabis or medical cannabis or a cannabis or medical cannabis product, except as set forth in Section 19319, related to qualifying patients and primary caregivers.

"Cooperative" shall mean two or more persons collectively or cooperatively cultivating, using, transporting, possessing, administering, delivering or making available medical marijuana, with or without compensation.

"Cultivation" shall have the same meaning as set forth in Business & Professions Code § 19300.5(l) as the same may be amended from time to time.

"Cultivation site" means a facility where cannabis or medical cannabis is planted, grown, harvested, dried, cured, graded, or trimmed, or that does all or any combination of those activities, that holds a valid state license pursuant to this chapter, and that holds a valid local license or permit.

"Delivery" shall have the same meaning as set forth in Business & Professions Code § 19300.5(m) as the same may be amended from time to time.

"Dispensary" shall have the same meaning as set forth in Business & Professions Code § 19300.5(n) as the same may be amended from time to time. For purposes of this Chapter, "Dispensary" shall also include a cooperative. "Dispensary" shall not include the following uses: (1) a clinic licensed pursuant to Chapter 1 of Division 2 of the California Health and Safety Code, (2) a health care facility licensed pursuant to Chapter 2 of Division 2 of the California Health and Safety Code, (3) a residential care facility for persons with chronic life-threatening illnesses licensed pursuant to Chapter 3.01 of Division 2 of the California Health and Safety Code, (4) a residential care facility for the elderly licensed pursuant to Chapter 3.2 of Division 2 of the California Health and Safety Code, (5) a residential hospice or home health agency licensed pursuant to Chapter 8 of Division 2 of the California Health and Safety Code.

"Dispensing" shall have the same meaning as set forth in Business & Professions Code § 19300.5(o) as the same may be amended from time to time.

"Distribution" shall have the same meaning as set forth in Business & Professions Code § 19300.5(p) as the same may be amended from time to time.

"Distributor" shall have the same meaning as set forth in Business & Professions Code § 19300.5(q) as the same may be amended from time to time.

"Manufacturer" shall have the same meaning as set forth in Business & Professions Code § 19300.5(y) as the same may be amended from time to time.

"Manufacturing site" shall have the same meaning as set forth in Business & Professions Code § 19300.5(af) as the same may be amended from time to time.

"Marijuana processing" shall mean any method used to prepare cannabis or its byproducts for commercial, retail or wholesale use including, but not limited to, drying, cleaning, curing, packaging and extraction of active ingredients to create cannabis related products and concentrate.

"Medical cannabis," "medical cannabis product," or "cannabis product" shall have the same meanings as set forth in Business & Professions Code § 19300.5(ag) as the same may be amended from time to time.

"Medical Marijuana Regulation and Safety Act" or "MMRSA" shall mean the following bills signed into law on October 9, 2015 as the same may be amended from time to time: AB 243, AB 246, and SB 643.

"Nursery" shall have the same meaning as set forth in Business & Professions Code § 19300.5(ah) as the same may be amended from time to time.

"Qualifying patient" or "qualified patient" shall have the same meaning as set forth in Health & Safety Code § 11362.7 as the same may be amended from time to time.

"Testing laboratory" shall have the same meaning as set forth in Business & Professions Code § 19300.5(z) as the same may be amended from time to time.

"Transport" shall have the same meaning as set forth in Business & Professions Code § 19300.5(am) as the same may be amended from time to time.

"Transporter" shall have the same meaning as set forth in Business & Professions Code § 19300.5(aa) as the same may be amended from time to time.

(Ord. No. 16.128.4, § 3, 1-20-2016)

A.

Commercial cannabis activities of all types are expressly prohibited in all zoning districts in the City of Scotts Valley. No person shall establish, operate, conduct or allow a commercial cannabis activity anywhere within the city.

B.

To the extent not already covered by subsection A. above, all deliveries of cannabis and/or medical cannabis are expressly prohibited within the City of Scotts Valley with the exception of discreet delivery of medical cannabis to a residence or business of a qualified patient or a primary caregiver from a medical marijuana dispensary located outside the City of Scotts Valley.

C.

To the extent not already covered in subsection A. above, all cannabis processing is expressly prohibited within the City of Scotts Valley.

D.

Dispensing cannabis is prohibited. No person shall dispense cannabis in the city. Cannabis dispensaries are prohibited. No person shall own, manage, operate or work in, whether as an employee or independent contractor, a cannabis dispensary in the city.

E.

This section is meant to prohibit all activities for which a state license is required. Accordingly, the city shall not issue any permit, license or other entitlement for any activity for which a State license is required under the California Medical Cannabis Regulation and Safety Act ("MCRSA"), the Adult Use of Marijuana Act ("AUMA"), Senate Bill 94 and/or the Medicinal and Adult Use Cannabis Regulation and Safety Act ("MAUCRSA").

F.

Cultivation of cannabis for commercial or non-commercial purposes, including cultivation by a qualified patient or a primary caregiver, is expressly prohibited in all zoning districts in the City of Scotts Valley except as provided below:

1.

An individual may cultivate cannabis indoors on the parcel where the individual resides for personal medical or nonmedical purposes. Outdoor cultivation is prohibited.

2.

A primary caregiver may cultivate medical cannabis indoors at the primary caregiver's residence for a qualified patient for whom he/she is the primary caregiver. Outdoor cultivation is prohibited.

3.

Cannabis cultivation is permitted only on parcels with residential units. Cannabis cultivation is permitted only within a legally permitted residential unit, a garage (provided required parking is maintained), or a selfcontained outside accessory building that is secured, locked, and fully enclosed.

4.

The cannabis cultivation area shall not exceed a total of six plants per residence or property (for example, a property owner/resident may not grow six plants indoors and grow additional plants in a separate selfcontained building on the property).

5.

The use of gas products, volatile solvents or dangerous poisons, toxins or carcinogens (including, but not limited to, CO 2 , butane, gasoline, kerosene) or generators for marijuana cultivation or processing is prohibited.

6.

Cannabis cultivation for sale is prohibited. Notwithstanding this prohibition, a primary caregiver may recover from his or her qualified patient the actual costs incurred by the primary caregiver in cultivating the medical marijuana he or she delivers to the qualified patient.

7.

From the public right-of-way, there shall be no exterior evidence of cannabis cultivation.

8.

Any accessory structure used for cultivation shall be located in the rear half of the lot and must maintain minimum yard requirements as specified in the development standards of the subject zoning district. The accessory structure shall not be entitled to any exceptions or modifications that allow for reduced side and rear yard setbacks. The yard in which the accessory structure is located must be fully enclosed by a solid six foot high fence.

9.

The residence shall maintain the kitchen, bathrooms, and primary bedrooms for their intended use and these rooms shall not be used for cannabis cultivation.

10.

Written consent of the property owner to cultivate cannabis shall be obtained and kept on the premises at all times.

Any cannabis cultivation area located within a residence shall not create humidity, mold, or other nuisance condition.

12.

The cannabis cultivation area shall not adversely affect the health or safety of the nearby residents by creating dust, glare, excessive light, heat, noise, noxious gases, odor, smoke, traffic, vibration, or other impacts, and shall not be hazardous due to use or storage of materials, processes, products or wastes.

(Ord. No. 16.128.4, § 3, 1-20-2016; Ord. No. 16.128.5, § 2, 11-15-2017)

17.64.030 - Public nuisance.

Any use or condition caused, or permitted to exist, in violation of any provision of this Chapter 17.64 shall be, and hereby is declared to be, a public nuisance and may be summarily abated by the city pursuant to Code of Civil Procedure Section 731 or any other remedy available to the city.

(Ord. No. 16.128.4, § 3, 1-20-2016)

17.64.040 - Civil penalties.

In addition to any other enforcement permitted by this Chapter 17.64, the city attorney may bring a civil action for injunctive relief and civil penalties pursuant to Title 4 of this Code against any person or entity that violates this chapter. In any civil action brought pursuant to this chapter, a court of competent jurisdiction may award reasonable attorneys fees and costs to the prevailing party.

(Ord. No. 16.128.4, § 3, 1-20-2016)