Scotts Valley Municipal Code § 17.41.010 Purpose

Footnotes:

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Editor's note— Ord. No. 16.142.1, § 11, adopted June 18, 2025, amended Ch. 17.41 in its entirety to read as herein set out. Former Ch. 17.41, §§ 17.41.010—17.41.050, pertained to similar subject matter, and derived from Ord. No. 16.142, § 54, adopted Dec. 4, 2024.

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

(Ord. No. 16.142.1, § 11, 6-18-2025)

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

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

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

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

(Ord. No. 16.142.1, § 11, 6-18-2025)

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

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

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

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

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

(Ord. No. 16.142.1, § 11, 6-18-2025)

A. Residential Uses. Multifamily dwellings are a permitted use in the HE combining district, subject to the following:

1

In the Mixed-Use Rezone sites listed in General Plan 6th cycle Housing Element Table F-10, Residential uses must occupy less than seventy percent of the total gross square feet on the property.

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

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

(Ord. No. 16.142.1, § 11, 6-18-2025)

A. Standards. Table 17.41-1 shows development standards in the HE combining district. For standards not listed in Table 17.41-1, the standards of the base zoning apply. Where a standard in Table 17.41-1 conflicts with the base zoning, Table 17.41-1 governs.

Table 17.41-1: HE Combining District Standards

B. Deviations:

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

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

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

4. For projects reviewed by the city through a by-right approval process, the community development director may defer final decision on a requested deviation to the planning commission.

(Ord. No. 16.142.1, § 11, 6-18-2025)

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

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

2. All proposed units are deed restricted affordable for no fewer than fifty-five years.

a. Rental units shall be made affordable to households earning no more than eighty percent of the county's area median income.

b. Ownership units shall be made affordable to households earning no more than one hundred twenty percent of AMI;

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

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

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

1. Deviation from applicable physical development and subdivision standards as necessary to allow the proposed one hundred percent affordable development project.

a. Deviation from subdivision standards may not conflict with any applicable requirement in the California Subdivision Map Act.

b. The applicant must submit reasonable documentation that the existing standard precludes development of the proposed affordable housing project. The deviation from the standard may be no greater than the minimum needed to allow for the proposed project.

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

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

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

(Ord. No. 16.142.1, § 11, 6-18-2025)

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

(Ord. No. 16.142.1, § 11, 6-18-2025)

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

(Ord. No. 16.142.1, § 11, 6-18-2025)