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)

A.

Building Permit.

1.

Creating an ADU requires city approval and issuance of a building permit.

2.

The city shall ministerially approve a building permit for an ADU if the application complies with this chapter and all other applicable standards. No public hearing or discretionary review is required.

B.

Time Period for City Action.

1.

If an ADU is proposed on a lot with an existing single-family or multifamily dwelling, the city shall approve or deny the 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 an ADU is proposed as part of an application to create a new single-family or multifamily dwelling, the city may delay acting on the ADU application until the city acts on the permit application for the new dwelling. The city shall approve or deny the ADU application without a public hearing or discretionary review within sixty days of action on the new dwelling.

3.

If the city does not approve or deny the completed application within the required sixty-day time period, the application shall be deemed approved.

C.

Comments for Denied Application.

1.

If the city denies an application for an ADU, the city shall provide written comments to the applicant that list the items that are defective or deficient and describe how the application can be remedied by the applicant.

2.

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)

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.

Lots with Single-Family Dwellings. No more than one ADU is permitted on a lot with a single-family dwelling, except as allowed by state law.

2.

Lots with Multifamily Dwellings. The number of ADUs on a lot with multifamily dwellings shall not exceed:

a.

Up to twenty-five percent of existing multifamily dwellings within portions of existing multifamily dwelling structures that are not used as livable space as provided in Section 17.57.060.C (Non-Livable Multifamily Space); and

b.

Up to eight detached ADUs as provided in Section 17.57.060.D (Detached ADUs on Multifamily Lots)

C.

Separate Sale from Primary Dwelling. An ADU shall not be sold or conveyed separately from the primary dwelling except as provided in Government Code Section 66340—66342.

D.

Rental. A rented ADU shall not be leased for any period less than thirty days.

E.

Guaranteed Allowance. Limits on floor area, lot coverage, open space, and front setbacks ("Specified Standards"), as outlined in Section 17.57.050 below, must permit at least an eight hundred square-foot detached or attached ADU that is sixteen feet high with four-foot side and rear yards ("Baseline ADU") if the proposed ADU complies with all other development standards. The community development director shall grant an exception to a Specified Standard if:

1.

The Specified Standard would physically preclude the creation of a Baseline ADU otherwise allowed by this section;

2.

The exception is the minimum necessary to allow for a Baseline ADU; and

3.

There is no feasible alternative to achieve a Baseline ADU without the exception.

F.

Converting and Replacing Existing Structures.

1.

A converted ADU may be established regardless of whether the structure in which it is located conforms to the current zoning requirement for setbacks.

2.

If an existing structure is demolished and replaced with an ADU, the ADU may be constructed in the same location and to the same dimensions (i.e., footprint and height) as the demolished structure.

G.

Nonconformities. The city shall not require, as a condition for approval of an ADU, the correction of nonconforming zoning conditions on the property.

H.

Placement within Easement. An ADU shall not be located in an easement that prohibits habitable structures therein.

I.

Foundation. An ADU shall be constructed on a permanent foundation. A manufactured home, as defined in California Health and Safety Code Section 18007, is allowed as an ADU if it is placed on a permanent foundation.

J.

Vehicles/Trailers Prohibited. An ADU shall not be within a vehicle or trailer of any kind, with or without wheels.

K.

Exterior Entrance. An ADU must have an exterior entrance separate from that of the primary dwelling.

L.

Fire District Requirements. An ADU must comply with:

1.

The California Fire Code with modifications and amendments as adopted by the Scotts Valley Fire Protection District ("Fire District"); and

2.

The Santa Cruz County Fire Prevention Officers Association Fire Prevention Standards as adopted by the Fire District.

M.

Fire Sprinklers.

1.

Fire sprinklers are not required in an ADU where fire sprinklers were not required for the primary dwelling at the time of construction, except as provided by Paragraph 2 below.

2.

If fire sprinklers were not required for the primary dwelling at the time of construction, but the primary dwelling is altered in a manner that later required fire sprinklers, an ADU created after the alteration must be provided with fire sprinklers.

3.

The construction of an ADU does not trigger a requirement for fire sprinklers to be installed in an existing single-family or multifamily dwelling on the lot.

N.

Parking.

1.

A minimum of one off-street parking space is required for an ADU, except as provided in paragraph 2 below. The off-street parking space may be uncovered, compact, and/or tandem.

2.

Driveways and parking spaces in a required setback shall comply with Zoning Code Section 17.44.030.J.2.

3.

No off-street parking is required for an ADU where one or more of the following circumstances exist:

a.

The ADU is located within one-half mile walking distance of public transit. As defined in Government Code Section 66313(l), public transit means a location, including, but not limited to, a bus stop or train station, where the public may access buses, trains, subways, and other forms of transportation that charge set fares, run on fixed routes, and are available to the public.

b.

The ADU is located within an architecturally and historically significant historic district.

c.

The ADU is part of a proposed or existing primary dwelling or an existing accessory structure.

d.

When on-street parking permits are required but not offered to the occupant of an ADU.

e.

When there is a car share vehicle located within one block of the ADU. As used in this section, 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 keys; and

(4)

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

f.

When a permit application for an ADU is submitted with a permit application to create a new single-family dwelling or a new multifamily dwelling on the same lot, provided that the ADU or the parcel satisfies any other criteria listed in this subdivision.

4.

To qualify for an exception listed in paragraph 3 above, the applicant must provide supporting evidence, such as a map illustrating the location of the ADU and its proximity to a public transit stop or car share vehicle, or proof of local parking permit requirements.

5.

No replacement parking is required when an ADU is created through the conversion or demolition of a garage, carport, covered parking structure, or uncovered parking space.

O.

Utilities.

1.

All ADUs shall be served by municipal water service, except as provided in paragraph 3 below.

2.

Except as provided in paragraph 3 below, an ADU shall be served by municipal sewer services when located within two hundred feet from the point at which a connection can be made to the municipal system. For an ADU more than two hundred feet from a municipal sewer service connection, the ADU may use a septic system only if approved by the designated regulatory authority.

3.

A converted ADU is not required to install a new or separate utility connections directly between the ADU and the utility unless the ADU was constructed with a new single-family dwelling.

4.

The designated regulatory authority may require, as part of the application for a permit to create an ADU connected to an onsite septic system, a percolation test completed within the last five years, or, if the percolation test has been recertified, within the last ten years.

5.

An ADU shall not be considered a new residential use for purposes of calculating city connection fees or capacity charges for utilities, including water and sewer service, unless the ADU was constructed with a new single-family dwelling.

P.

Impact Fees. City development impact fees shall not be imposed upon the development of an ADU less than seven hundred fifty square feet. Any impact fees for an ADU of seven hundred fifty square feet or more shall be charged proportionately in relation to the square footage of the primary dwelling unit.

Q.

Hillside Residential Combining District. An ADU within the HR Hillside Residential Combining District shall comply with all objective standards in Chapter 17.40.

R.

Highway 17 Access Hazards. An ADU is not permitted where vehicle access to the site is provided solely from Highway 17 at the following locations as identified in the Highway 17 Access Management Plan (California Department of Transportation, 2016):

1.

Driveway at PM 6.712 (Map ID #24).

2.

Crescent Drive (Map ID #25).

3.

Driveway at PM 6.485 (Map ID #26).

(Ord. No. 16.142, § 69, 12-4-2024)

Statewide Exemption ADUs described in this section require compliance only with the standards in Section 17.57.030 (General Requirements). Standards in Section 17.57.050 (Development Standards) and Section 17.57.060 (Objective Design Standards) do not apply to a Statewide Exemption ADU.

A.

Converted ADUs. One converted ADU per lot with a proposed or existing single-family dwelling subject to the following:

1.

The converted ADU shall be within the space of a single-family dwelling or an accessory structure on a lot with a single-family dwelling.

2.

A converted accessory structure may be expanded by up to one hundred fifty square feet to accommodate an entrance into the ADU.

3.

The converted ADU shall have exterior access from the single-family dwelling.

4.

The side and rear setbacks must be sufficient for fire and safety. If a converted ADU complies with applicable building code and Fire District requirements, side and rear setbacks shall be deemed sufficient for fire and safety.

B.

Detached ADUs. One detached new construction ADU on a lot with a proposed or existing single-family dwelling. The ADU is allowed on a lot that also contains a junior accessory dwelling unit that conforms with Chapter 17.58 (Junior Accessory Dwelling Units). The ADU must comply with the following:

1.

Maximum floor area: Eight hundred square feet.

2.

Maximum height: Sixteen feet.

3.

Minimum rear and side setbacks: Four feet.

C.

Non-Livable Multifamily Space.

1.

Multiple ADUs within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to the following:

a.

At least one ADU is allowed within an existing multifamily dwelling up to maximum of twenty-five percent of the existing multifamily dwelling units.

b.

Each ADU shall comply with building code standards for dwellings.

2.

The ADU must be located within a structure containing existing multifamily units. The ADU may not be located in a detached garage, carport, or other accessory structure on the lot that contains no existing multifamily units.

3.

As used in this section, livable space means a space in a dwelling intended for human habitation, including living, sleeping, eating, cooking, or sanitation.

D.

Detached ADUs on Multifamily Lots. Detached ADUs located on a lot with an existing multifamily dwelling, subject to the following:

1.

Maximum number:

a.

On a lot with an existing multifamily dwelling, eight detached ADUs or the number of existing units on the lot, whichever is less.

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)

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

A.

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

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

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.

D.

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

(Ord. No. 16.142, § 69, 12-4-2024)

A.

Applicability and Deviations.

1.

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

2.

Deviations from standards in this section are allowed with planning commission design review approval at a noticed public hearing. To approve the deviation, the planning commission must make the findings in Section 17.50.030.E (Required Findings).

B.

Driveways.

1.

Vehicle access to parking spaces serving an ADU must be provided using a driveway curb cut shared with the primary dwelling.

2.

The community development director may approve an exception to this requirement if the existing site layout or other physical constraints physically precludes shared use of a single driveway curb cut.

C.

Massing. A building wall that faces and is within fifty feet of 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:

1.

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

2.

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.

3.

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

4.

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

D.

Articulation. A building wall that faces and is within fifty feet of 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:

1.

Window.

2.

Entry door.

3.

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

4.

Wall mounted trellises for climbing plants

E.

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.

F.

Open Space.

1.

An ADU shall have a minimum of one hundred square feet of private ADU open space or four hundred square feet of open space shared with the primary dwelling.

2.

Required private open space shall comply with the following standards:

a.

The open space shall be directly accessible from the ADU width and a minimum floor area of fifty square feet.

b.

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

c.

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

d.

Ground level private open space shall be screened or buffered from open space utilized solely by the primary dwelling by landscaping, fencing, walls, trellises, or other screening elements.

3.

If the open space standard in this subsection 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).

G.

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.

H.

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

1.

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.

2.

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

I.

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.

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

2.

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)