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 meeting, § 1, 5-15-2024)

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 meeting, § 1, 5-15-2024)

A.

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

B.

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

C.

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

D.

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

1.

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

2.

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

3.

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

4.

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

5.

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

E.

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 or the physical environment and for which there is no feasible method to satisfactorily mitigate or avoid the specific, adverse impact.

2.

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

(Ord. No. 16.141 meeting, § 1, 5-15-2024)

A.

Number of Primary Dwelling Units.

1.

A maximum of two primary dwelling units are allowed on a parcel.

2.

If a parcel is subdivided pursuant to Municipal Code Chapter 16.78 (Urban Lot Splits), a maximum of two primary dwelling units are allowed on each newly created parcel. Up to four units are allowed on the two parcels combined.

B.

Accessory Dwelling Units.

1.

Projects with Urban Lot Split. The following accessory dwelling unit (ADU) rules apply to a parcel created through an urban lot split as provided in Chapter 16.78 (Urban Lot Splits)

a.

If the parcel contains one primary dwelling unit, one ADU or Junior ADU is also allowed on the parcel.

b.

If the parcel contains two primary dwelling units, an ADU or Junior ADU is not allowed on the parcel.

2.

Projects Without Urban Lot Split. Where a parcel has not been subdivided as provided in Chapter 16.78 (Urban Lot Split), one ADU and/or JADU is allowed on the parcel in addition to the two primary dwelling units.

C.

Utility Connections.

1.

Each primary dwelling unit shall be served by a separate utility connection for water, sewer, gas, and electrical services.

2.

The city shall condition approval of a dwelling unit on the dedication of any easements deemed necessary to provide public services to the unit and access to the public right-of-way.

D.

Residential Uses Only.

1.

The primary use of a dwelling unit must be residential.

2.

Home occupations consistent with Section 17.50.040 (Home Occupations) and other accessory uses are permitted in a dwelling unit.

E.

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

F.

Existing Nonconformities. Establishing a dwelling unit shall not require the correction of an existing legal nonconforming zoning condition on the property.

G.

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.

1.

An SB 9 development shall comply with all applicable provisions of the Municipal Code unless otherwise specified in this chapter.

2.

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

3.

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

(Ord. No. 16.141 meeting, § 1, 5-15-2024)

A.

Building Height.

1.

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

2.

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

B.

Unit Size.

1.

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

2.

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

C.

Yards.

1.

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

a.

Front: As required in the applicable zoning district

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.

4.

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

5.

Landscape Buffer.

a.

Where a parking area with three or more spaces is located across a street or alley from or immediately adjacent to a residential district, a landscape strip not less than five feet in depth shall be planted and permanently maintained along the abutting property line of the parking area.

b.

The landscape strip shall contain a row of landscaping with a minimum planting height of thirty-six inches.

c.

Landscaping shall comply with intersection and driveway vision clearance requirements in Section 17.46.110.E.

F.

Driveways.

1.

Vacant Lots.

a.

For an SB 9 development on a vacant lot, no more than one driveway curb cut is allowed with a maximum width of twenty feet. Units on two lots created through an urban lot split must share one driveway with access easements recorded as necessary.

b.

The community development director may grant an exception to this requirement when needed for emergency vehicle access.

2.

Non-Vacant Lots.

a.

For an SB 9 project on a lot with an existing home, two driveway curb cuts are allowed only if the existing site layout or other physical constraints physically precludes shared use of a single driveway curb cut.

b.

The maximum width of a second curb cut where allowed is twelve feet.

(Ord. No. 16.141 meeting, § 1, 5-15-2024)

A.

Multi-Unit Residential Design Standards.

1.

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

2.

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

B.

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

1.

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

2.

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

C.

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

1.

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

2.

Massing. A building wall that faces a street or an adjacent residential use shall not run in a continuous plane of more than twenty-five feet without one or more of the following treatments:

a.

A change in wall plane with a minimum of four feet in depth for the facade.

b.

A front porch or other covered entry feature with a minimum depth of three feet and width of six feet providing access to the dwelling's primary entrance.

c.

An upper story stepback of at least six feet in depth for at least eighty percent of the street facing building wall.

d.

A protruding window (such as a bay window) of at least two feet in depth.

3.

Articulation. A building wall that faces a street or an adjacent residential use shall not run in a continuous plane of more than fifteen feet without one of the following treatments included on the facade at every building story:

a.

Window.

b.

Entry door.

c.

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

d.

Wall mounted trellises for climbing plants.

4.

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

a.

A recess in the building wall with a minimum width of four feet and depth of three feet.

b.

A covered porch, providing access to the entry, with a minimum dimension of five feet by five feet.

5.

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

6.

Windows. Windows that face a street or an adjacent residential use shall comply with one of the following:

a.

All windows shall feature built up profile trim/framing. Trim/framing must project at least two inches from the building wall with material that visually contrasts from the building wall.

b.

Window glass shall be inset a minimum of two inches from the exterior wall or frame surface to add relief to the wall surface.

7.

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

8.

Private Open Space. Each dwelling unit shall have at least one hundred square feet of private open space. Required private open space shall comply with the following standards:

a.

The open space shall be directly accessible from the dwelling unit.

b.

Balconies shall have a minimum dimension of six feet in depth and width and a minimum floor area of fifty square feet.

c.

Patios shall have a minimum dimension of eight feet in depth and width and a minimum floor area of sixty-four square feet.

d.

Open space may be covered but not fully enclosed. If covered, the minimum floor to ceiling height is eight and one-half feet.

e.

Ground level private open space shall be screened or buffered from adjacent private or common open space and dwellings by landscaping, fencing, walls, trellises, or other screening elements.

B.

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

C.

Neighbor Privacy.

1.

If a building wall faces an adjacent residential use and does not comply with the minimum interior side or rear yard requirements of the applicable zoning district or combining district, windows on the wall must be:

a.

Five-foot minimum sill height above the finished floor;

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.

(Ord. No. 16.141 meeting, § 1, 5-15-2024)

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 meeting, § 1, 5-15-2024)